Ethical Dilemmas in High School Counseling: Dual Roles

Introduction and the Dual-Relationship Dilemma

Faced with the dilemma of entering into a dual relationship with a 14-year-old freshman member of the cheerleading squad who approached me for counseling regarding sexual abuse at the hands of her father, I decided to resign my position as coach of the cheerleading squad and continue only in the role of counselor. I reached this decision after carefully weighing the ethical and legal aspects of the situation, including a consultation with a colleague, to ensure that I had taken all issues into consideration and remained objective in my analysis of the case. The professional ethical principles considered, the legal aspects involved, and the method of reasoning used were also documented as a matter of professional practice and record.

Conscious of the fact that I was dealing with a minor, I began by examining the legal requirements involved in counseling a minor who was being sexually abused by a parent. I also assessed the counselee's motives in seeking professional help. It was reasonable to assume that the child had developed a degree of trust and confidence in me through our interaction on the cheerleading team — and that very trust made the dual-relationship question both urgent and ethically complex.

Legal Requirements for Reporting Child Abuse

United States law decrees that all counselors and other professionals must report cases of suspected child abuse to a governmental agency. The statutes protect "reporters from liability as long as reports are made in good faith… defamation of character… would not prevail," which straightaway resolved any doubt about my own professional standing and the school's interests in handling the case. It was also clear that such a report would have to be filed immediately, both with the appropriate government agency and with the high school authorities (Remley & Herlihy).

While there was no ambiguity as far as the legal aspects were concerned, I still had to consider that counselors must "exercise their professional judgment before and after making such reports. They should have several goals in mind, which include (a) maintaining, to the extent possible, any counseling relationship… (b) being concerned about the welfare of the alleged victim before and after the report (Remley & Fry, 1993); (c) helping the parties deal with the process that follows reports; and (d) fulfilling their statutory legal obligations" (Remley & Herlihy).

The first ethical principle confronting me was therefore a conflict: obeying the law and immediately filing a report with school and governmental authorities might be construed by the child as a betrayal of trust, whereas not reporting could endanger the child's safety and future welfare. If the counselee perceived my actions as a betrayal of trust, the future success of any counseling relationship would be endangered.

Confidentiality, Minor Autonomy, and Parental Rights

One foundational consideration was that "one of the basic tenets upon which the counseling relationship rests is that clients have a right to expect confidentiality… Counselors are also committed to promoting the autonomy and freedom of choice of their clients. Every child, regardless of age, has an ethical right to privacy…" (Remley & Herlihy). This principle shaped every subsequent decision.

A second legal aspect was that, though minors today have greater governmental protection, the law still generally requires children to assert legal rights through their parents or guardians. Parental consent is also typically required when counseling minors, as is the parental right to receive information regarding the child's welfare. Although child abuse is treated as an exception to these requirements, the question remained whether the non-offending parent had a legal and ethical right to be informed that the child was seeking professional help.

Nancy Perry, Executive Director of the ACA, observes that "to say that a student absolutely can't see a counselor without permission… severely abridges their right to free speech… [and could] jeopardize their ability to report abuse and neglect." Perry also emphasizes that parental consent is not necessary in the event of abuse, and that there is general agreement that high school students are mature enough to decide for themselves when they need help. Mark Salo, a school counselor and past chair of the ACA Ethics Committee, adds that "the ACA Legal Issues Report suggests that there may be some consideration given by the court for what is called 'mature minor' status, when consent is an issue" (Counseling Today Online, 1997).

I also considered that the child may have approached me hoping I would intervene with her parents and seek a resolution that would keep the matter private and the family structure intact. This reasoning was informed by my existing relationship with the counselee as her cheerleading coach, through which I had observed that she was more reserved than her peers. To that extent, I felt she may have had a "heightened desire for privacy… related to the confusion regarding self and others…" (Remley & Herlihy).

It was at this juncture that I first recognized the risks of continuing a dual relationship. I was already factoring in observations from my role as coach into the counseling relationship, thereby risking a loss of objectivity. I resolved immediately that the first step was to discuss the issues with the child directly — including the legal requirements, the consequences of filing a report for both her and her family, and the problems inherent in my acting as her counselor while continuing as her cheerleading coach, a role that would involve interaction with her parents in social settings.

Conclusion and Resolution

All considered, I felt that the risks of continuing a dual relationship, in this particular case, were too high, irrespective of whether the case ultimately led to legal recourse. Of course, I had the option of transferring the counselee's case to another counselor and continuing in my capacity as coach, but ethically I felt that option would not be correct. Admittedly, that judgment rested in part on instinct — specifically, that transferring the case would affect the counselee's confidence in approaching the system with her problem.

I did, however, consult a colleague on all aspects involved and was reassured that my reasoning was endorsed by an objective, neutral party with respect to both the ethical dimensions of the dual relationship and my decision to resign as coach in order to continue in the counseling role.

My colleague and I agreed that the case would need to be reported fairly quickly to the school authorities — if not to the legal system — so that we would support, rather than subvert, "legal and ethical standards… integrity, effectiveness and fairness of our accountability systems…" (Pope & Bajt). At the same time, we agreed that it was important for the counselee to feel that her counselor was not going to let her down because of systemic rules. Human psychology is too complex for such simplistic judgments — a reality that continuously drives the law itself to evolve.

References

Remley, Theodore P. (Jr.) & Herlihy, Barbara. (2001). Ethical, Legal, and Professional Issues in Counseling. Prentice Hall. New Jersey. pp. 151–156; 176–183.

Ethical Standards for School Counselors. American School Counselor Association. http://www.schoolcounselor.org/content.cfm?L1=103

Gottlieb, Michael C. Avoiding Exploitive Dual Relationships: A Decision Making Model. Psychotherapy, Volume 30, No. 1, pp. 41–48, 1993. http://kspope.com/gottlieb.html

Hayes, Laurie L. (1997). School counseling consent forms can be a help and a hindrance. Counseling Today, Volume 39, No. 12.

Pope, Kenneth S. & Bajt, Theresa Rose. When Laws and Values Conflict: A Dilemma for Psychologists. American Psychologist, Volume 43, No. 10, p. 828. http://kspope.com/research8.shtml

Younggren, Jeffrey N. (May 2002). Ethical Decision Making and Dual Relationships. http://kspope.com/younggren.html