Pelton_Holly_assignment_3_responding_to_ethical_and_legal_issues
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Jan 9, 2024
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Responding to Ethical and Legal Issues
Instructions
To prepare to complete the prompts below, first review the case examples corresponding to your
specialization in the media piece, Responding to Ethical and Legal Issues – Case Study, and
then select an ethical decision-making model. To aid in your selection, first review pages 15–18
of the Ethical, Legal, and Professional Issues in Counseling text and this week’s readings. You
can also choose an ethical decision-making model from a current, peer-reviewed article in a
professional counseling journal of your choice. Some examples include:
Practitioners Guide to Ethical Decision Making (
https://www.counseling.org/knowledge-
center/ethics/ethical-decision-making
).
Link to white paper:
https://www.counseling.org/docs/default-source/ethics/practioner-39-
s-guide-to-ethical-decision-making.pdf?sfvrsn=f9e5482c_12
Finally, complete the prompts that follow.
Analysis of Ethical Decision-Making Model
Identify the most appropriate decision-making model for your case:
I believe the most appropriate decision-making model for Marty’s case is the Multicultural
Ethics Model developed by V. M. Tarvydas (Remley & Herlihy, 2019).
Justify why it is the most effective model to use in this case:
It is the most effective model in this case because Marty is from Brazil and is from a different
background than everyone else at school and in society.
Explain why this model is a better choice in comparison to others and give examples to illustrate
the effectiveness of the model:
This is a much better choice than the ETHICS Model because the ethics model doesn’t
evaluate cultural or racial implications. The multicultural model includes cultural views and what is
the most significant between the cultures talked about (Remley & Herlihy, 2019). For example, if I
were to choose the ETHICS model for Marty, we would completely dismiss the empathy behind the
ethical dilemma, including his cultural differences from his friends at school. This plays a big part in
his dilemma; thus, the multicultural model is understanding the multicultural views of the client
(Remley & Herlihy, 2019).
Application of Ethical Decision-Making Model
Identify ethical and legal dilemmas:
1
To interpret the situation through awareness I will ask him if he feels safe (Brown &
Simpson, n.d.). I will explain that my confidentiality will remain as long as he is safe. Legally I cannot
maintain confidentiality the way that he wants to if he is in danger (Remley & Herlihy, 2019). For
example, if Marty mentions that he is scared walking home from school due to his bullies, the
counselor will have to break confidentiality due to Marty's danger while walking home from school.
I will then have to notify his parents and break the confidentiality between Marty and me. If these
were students from the school, I would talk with the principal to keep Marty safe. Then, I would
provide counseling services to Marty using the Multicultural Ethics Model.
List the specific ethical codes, standards, or laws you would use to determine your response.
“A.2.b Inform students of the purposes, goals, techniques, rules, and procedures under
which they may receive counseling. Disclosure includes consent and clarification of the
limits of confidentiality” (American School Counselor Association, 2022).
“A.9.a. Inform parents/guardians and school administration when a student poses a serious
and foreseeable risk of harm to self or others. This notification will be done after careful
deliberation and consultation with appropriate professionals, such as other school
counselors, the school nurse, the school psychologist, the school social worker, the school
resource officer, or the child protective services. Even if the danger appears relatively
remote, parents/guardians must be notified. The consequence of the risk of not giving
parents/guardians a chance to intervene on behalf of their child is too great “(American
School Counselor Association, 2022).
“A.3.a. Provide students with a culturally responsive school counseling program that
promotes academic, career, and social/ emotional development and equitable opportunity
and achievement outcomes for all students” (American School Counselor Association,
2022).
Explain how these codes, standards, or laws will influence your choices:
These codes will influence my ethical decision-making skills because treating a client in need is the
most crucial goal in this profession. Following these codes will keep me in line and informed with
the understanding that I must abide by them to stay ethical in my counseling profession (Johnson &
Purgason, 2021).
Apply the selected model and include specific examples that illustrate the actions you will take.
There are five steps in The Multicultural Ethics Model. The first step is to Identify the Ethical Issue,
understand the facts, evaluate alternative actions, make a decision and test it, act, and reflect on the
outcome. The counselor in this model focuses on embodied ethical decision-making steps, thus
establishing mutual empathy, mutual empowerment, and movement toward mutability in views
(Remley & Herlihy, 2019). For example, while talking with Marty about his troubles, understand
what he is going through by listening to his cultural dilemmas and precisely pinpoint who is
bullying him to try to resolve the issues through talking with the bullies or involve the principal for
an actionable resolution through counseling with the bullies (Stone, 2022) Marty and I will build
trust through mutual empathy and empowerment techniques, thus improving his quality of life.
2
Impact of Cultural and Developmental Factors
Describe how you would demonstrate developmental or cultural sensitivity when addressing the
legal and ethical issues presented in the specialization case study:
I demonstrate cultural sensitivity by being transparent to the client's perspectives. Marty’s
perspectives are to be listened to and feel important, even though I might not share his perspective.
Use specific examples to illustrate your idea (i.e., culture, age, gender, setting, and population):
For example, Marty is talking about how, in his family, Brazilian men are supposed to stand up and
fight back instead of telling someone about their problems. There is a cultural difference between
Brazilian culture and American culture. When he shares his perspective, I will listen transparently,
then share something about my culture and how telling someone about their problems is accepted
and okay to share with others.
Impact of Counselor Values and Strategies to Address Them
In your role of a counselor, consider how your personal values and beliefs impact your
conceptualization
of the case and the choices you might make when deciding how to respond
to the legal and ethical issues that may arise in working with this specific client or student.
Provide two examples of specific values or beliefs you hold that may influence your
reactions:
Value/Belief 1: Freedom to choose what the client wants instead of providing a hard
line- of direction. If Marty does not want help, I will not force help upon him. I may
need to tell his parents about the situation if he is in danger, but he does not need to
see me for help if he does not want it.
Value/Belief 2: Ambition over achievement. If Marty is ambitious about things in life
other than school, such as mountain biking after school, I can help him with his
study skills, but I will not push him to be a straight-A student.
Present two specific strategies that you will develop to address the influence your personal
values and beliefs may have on ethical decision-making with clients or students:
Strategy 1: Develop a keen self-awareness. If I feel triggered by what he is saying, I
have to focus on what specifically bothers me so that I can heal my personal bias.
Strategy 2: Maintain a neutral position. If something that Marty says affects me in
any way, I have to remain professional.
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References
American School Counselor Association (2022, January 1).
ASCA Ethical Standards for
School Counselors
.
https://www.schoolcounselor.org/getmedia/44f30280-ffe8-
4b41-9ad8-f15909c3d164/EthicalStandards.pdf
Brown, T., & Simpson, C. (n.d.). Using an ethical decision-making model to address ethical
dilemmas in school counseling.
http://www.jsc.montana.edu/articles/v15n13.pdf
Johnson, G. S., & Purgason, L. L. (2021). School counselors’ experiences with ethical decision
making. Professional School Counseling, 25(1), 2156759-.
Remley., T.P., & Herlihy, B. P. (2019).
Ethical, Legal, and Professional Issues in Counseling
(6th
ed.). Pearson Education
(US).
https://capella.vitalsource.com/books/9780135186992
Stone, C. (2022). School administrators and school counselors’ legal and ethical
alliance. Professional School Counseling, 26(1c), 2156759-.
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