Page 16 - OSCA Ethical Guidelines - 2009.pdf

Section B
student’s consent, she would certainly communicate any
concern related to the teacher or his course.
b) A student, experiencing problems with a teacher, comes to
a counsellor for help. The student asks that his comments about the teacher be kept confidential. The counsellor, with the student’s permission, approaches the teacher to arrange for the three to meet. Two sessions take place, but details of the initial session remain confidential.
c) A Guidance secretary, competent in all other respects, tends to “gossip” with other secretaries and staff members concerning students who are being counselled. Upon learning of this, the person responsible for leadership of the Guidance Department speaks privately to her secretary with regard to the importance, ethically and legally, of maintaining confidentiality.
Unacceptable Cases
a) Astudentapproacheshercounsellorforhelpwitha disagreement she is having with her parents. Her mother phones the next day and demands to know what her child divulged. Although she had assured the girl that she would keep her comments confidential, the counsellor thinks that the mother might benefit from knowing. She, therefore, explains fully what was said, without the permission of the student.
b) In the staff room, a counsellor regales the staff members present with anecdotes related by a student during counselling.
c) Inagroupcounsellingsession,thecounsellortellsthegroup about the experience of a student in one of her previous group counselling programs. In so doing, the identity of the student is revealed.
Legally Speaking
First, it must be asserted that, for students covered by the Youth Criminal Justice Act, it is an offence to publish by any means a report of an offence committed or alleged to have been committed by a young person in which the name of the young person is disclosed until a case is over, the youth is given an adult sentence and the parents consent. The victims and/or witnesses to the alleged offense may similarly not have their identities revealed. The potential legal consequences of a counsellors’ failure to maintain confidentiality for any student would be civil actions based on charges of libel or slander.
Of course, disciplinary actions by District School Boards may be taken as well.
Information conveyed by counsellees during counselling
may only attract a qualified privilege in any court of law. If counsellors are asked to testify about information which they feel strongly should be kept confidential, they can appeal to the judge to do so. If the judge considers the information crucial, counsellors might ask for the courtroom to be cleared while the testimony is given. The judge will weigh the importance of maintaining the integrity of the counselling relationship versus the requirement to properly protect society.
8. Counsellors, where they feel that it would be in the best interest of the counsellee to do so, will relate confidential information to parents, guardians, teachers, or school administrators only with the knowledge and consent of the counsellee, e.g., at school Case Conferences or School Support Team meetings. (See Confidentiality, page 22)
Acceptable Cases
a) A 15 year-old counsellee confides to her counsellor that
she is pregnant. The counsellor immediately works with the student to obtain medical advice. He provides the necessary support for the girl to inform her parents of the pregnancy.
b) A 12 year-old student plans to run away from home and confesses this to his counsellor. She helps the student carefully examine his reasons for wanting to leave home.
In so doing, she becomes convinced that the relationship between the boy and his parents is healthy and that the problem can be resolved by having them discuss the situation. She advises the student that she is confident his parents will understand. After gaining the boy’s consent, the counsellor contacts the parents and arranges a meeting.
c) A parent phones to request that the counsellor see her son since something seems to be bothering him. She asks that her request be kept confidential and that the counsellor phone her following the session to report results. The counsellor agrees to see the student but fully explains that he would tell the student why he is being seen and that no report could be made without the student’s knowledge. The counsellor offers to see the parent and son together following the initial appointment, if it seems warranted and with the son’s consent.
Unacceptable Cases
a) Astudenthasapproachedhiscounsellorconcerninga disagreement with a teacher. Although the student has asked that his concerns be kept confidential, the counsellor tells the teacher, who is a personal friend.
b) A student is being bullied by other students and consults his counsellor for assistance. She assures the student that she will help eliminate the problem although she does not indicate how she plans to do so. Without informing her Vice-Principal, the counsellor calls the offending students to his office. Harassment increases off school grounds. The student does not return to the counsellor.
Legally Speaking
Legal actions based on counsellors’ nonconformity with
this ethical principle are unlikely. Any such actions would probably be based on charges of libel or slander. Counsellors who are employed by District School Boards are subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act.
9. Counsellors, when reporting research results and supporting data, will not reveal the identity of the persons used as subjects without their express written permission.
16 ■ OSCA Ethical Guidelines for Ontario School Counsellors 2010 • www.osca.ca