I Am a School Counselor at a Chicago Public High School

Final Dilemma Paper, Legal and Ethical Issues in Counseling

I am a school counselor at Noble Street Charter High School. One of my academically high achieving students, Maggie, comes from an low-income home and a dangerous neighborhood. A year ago, we came up with a plan for her to attend a prestigious university in another state. We decided that it would be a great way for her to start a new life and escape her day-to-day dangers. Recently, Maggie was accepted to the

University of her Choice and also granted a large scholarship. She won this scholarship in a large part due to her essay and both her AP English teacher and my recommendation letters. Without this scholarship she has no means to attend and will have to remain at home and go to community college.

Maggie has just admitted to me that she plagiarized her senior thesis paper, which she also used as an essay to apply for a scholarship. I discussed the seriousness of plagiarism with her and she has told me that she will not admit her indiscretion to either her AP English teacher or the scholarship committee. Furthermore, she had told me that her life has become so unbearable that going away to college is the only hope she has. If she has to go to the community college, she will kill herself.

There are two interrelated issues, that of plagiarism and that of Maggie’s suicide threat. Do I tell either her teacher or the scholarship committee of her plagiarism? This is breaking confidentiality. Also, do I break confidentiality and tell of her possible suicide threat, and who do I tell? This is an ethical dilemma because there are several courses of action that I can take. Not only to tell or not tell, but whom to tell and when.

There are also significant consequences attached to this situation. If I don’t tell, Maggie

1 will get to go away to a possibly better life and have unlimited opportunities. If I do tell,

Maggie may or may not take her own life and Maggie may lose her scholarship and have to remain in her unhappy situation. I have many ethical principles to consider and I am certain that in the end I will have to compromise several.

My initial reaction is to keep her news of plagiarism to myself. It’s difficult to be dishonest with my colleagues, but Maggie has worked so hard and against such odds and

I really care about her. I would love to see her escape the reality of her difficult life and I think she can truly flourish in a nurturing academic setting. I would have a long talk with her on the severity of what she has done, and warn her that this is her first and last chance. No professor in her university will put up with this behavior. I also would talk with her about her suicide threat and decide if it was a warning towards me or an unrealized desire.

A difficult part of this dilemma is that there are so many stakeholders. The first is

Maggie. If I tell on her, she could possibly lose a great educational opportunity. She could also be serious about taking her own life. She may be in danger from gangs if she has to stay in her own neighborhood. If she attends the community college she may lose her drive for education and a future career and end up dropping out. She may also be subject to humiliation if her friends or family find out. Her parents may be strict and punish her. If she does not leave home to go to college, her parents might also have to keep paying to feed her and worry about her well being.

Maggie’s teacher is also a stakeholder. If she ever finds out that Maggie plagiarized she will be hurt. Her professional reputation is also at stake with students, the administration of our school and admissions counselors. She might not be so generous

2 with recommendation letters in the future. Admission counselors might also not take her word that a student is excellent in the future.

This leads to the general student population at my high school. There is a worthy student who did not plagiarize his or her essay who may be missing out on a scholarship and thusly an education. In the future, college counselors might not believe my recommendations and students could lose out on seats at college. If no one finds out about Maggie’s plagiarism, the students might not learn the lesson that plagiarism is wrong and either gets caught in college (thus facing stiffer penalties) or plagiarize and not learn how to write a research paper. This is a valuable tool for many reasons and could potentially affect their education or future careers. If Maggie commits suicide and the school finds out that I do not report it, I might lose my job which would limit the student’s access to mental health care. The reputation of my school is also at stake. We do not want to be known as easy on plagiarizers to this college or scholarship board.

I researched Illinois and National statues on both plagiarism and suicide and as a school counselor I am not bound by laws or statutes. If Maggie plagiarized works that she found online, she is violating the FCC rule based on the CHIP/CIPA act which states that “You will not plagiarize works found on the internet” (C7). Also, according to our student handbook, ”…academic dishonesty will result in loss of credit and/of failure according to the discretion of the teacher” (p. 12, 2004) . I am also bound to the CPS

Uniform Disciplinary Code which cites cheating as an Act of Misconduct (Group 1,

2003). My biggest legal concern would be in referring to the Family Education Rights and Privacy Act (FERPA, 1974). As of right now, Maggie’s parents have not demanded

3 information about their daughter but I should keep this act in mind if her situation escalates.

There are many relevant codes from the ACA Code of Ethics which apply to this situation. First of all, according to the section on client welfare, my primary duty is to

“promote the welfare of clients” (A.1.a). Would it be more beneficial as an educator and authority figure to teach Maggie a lesson on cheating, or would it be better for her welfare to attend an excellent university while possibly feeling guilty about her actions.

Also, have I followed code A.1.d. which encourages me to recruit family involvement in decisions? Was it ethical to come up with a future plan for Maggie without her family’s consent? I would review code A.3.a which discusses client rights and disclosure to clients. Did I explain to Maggie she would waive her right to confidentiality if I believed she was truly a risk to herself? Also, as a minor, what kind of consent did I get from her family (B.3.a, 1995).

My next concern combines A.5.a and A.6.a. Have I gotten too involved in

Maggie’s life? Does she truly want to succeed academically and attend this university, or have I somehow pressured her when planning her future? Is the importance she now places on scholarship hers or mine? (1995).

As a school counselor, I would also take into consideration the ASCA’s Ethical

Standards for School Counselors. I have already reviewed the mission of my school as the preamble suggests. I will pay particular attention to the statement in the preamble which says, “Each person has the right to understand the full magnitude and meaning of

4 his/her educational choices and how those choices will affect future opportunities”

(2004).

Like the ACA Code, the ASCA Ethical Standards notes that my primary responsibility is to my student (A.1.a). I will pay particular attention to the statement,

“The professional school counselor respects the student’s values and beliefs and does not impose the counselor’s personal values” (A.1.c.). Do I have a responsibility to tell if

Maggie’s values do not include honesty?

Confidentiality is emphasized in A.2. I need to provide informed consent to my student, including the limits of confidentiality. However, I may disclose information without consent if I believe the student is in “imminent danger” to herself. There also may be times when information need be revealed because of legal requirements (A.2.b).

This is also reviewed in A.7 “Danger to self or others”.

I also have responsibilities to the faculty and administration at my school. The

ASCA standards suggest that school counselors establish and maintain “professional relationships with faculty, staff and administration to facilitate an optimum counseling program” (C.1.a). I need to treat my colleagues with “professional respect, courtesy and fairness” (C.1.b.) If I know that a student cheated in a class and I don’t tell, am I doing this? Section D, “Responsibilities to the School and Community” discusses informing school officials when a student breaks the rules. However, I will pay special attention to the phrase, “while honoring the confidentiality between the student and counselor”

(D.1.b) (2004).

5 Although the ASCA’s Ethical Standards puts significantly more emphasis on my duty to my school, its mission and my colleagues, it seems that my first duty is still to the confidentiality of my student. The ACA code confirms this. On a moral level it will bother me not to disclose her plagiarism however I don’t believe that I am ethically bound to do so. My concern now is with her suicide threat. If I believe that she is serious, it is clear I need to disclose this information minimally to her parents. If she is using this as a threat to me, I am not bound to disclose the information and instead need to assess her mental state. I know need to promote her best welfare, but am still a bit confused as to what course of action this is.

Welfare, defined by Cohen & Cohen is the promotion of “clients’ pleasure and the alleviation of pain” (1999). In order to immediately alleviate Maggie’s pain, I need to promise not to disclose her plagiarism.

By not breaking confidentiality of her plagiarism or suicidal comments, I would be promoting my client’s autonomy. I would be allowing Maggie to make her own choices. However, did I allow her autonomy when we spent time college planning together; or did I pressure her into accepting my value on education as her own? If I tell of Maggie’s indiscretion and she fails AP English, loses her seat in college, or loses her scholarship, have I avoided doing harm to her? If I don’t report her suicidal behavior and she hurts herself I would also not be practicing non-maleficence. The virtue of non- maleficence conflicts with that of autonomy as I decide whether to let her make her own decisions or not. Which action would be the most beneficent for Maggie? Would it be better to teach her that she cannot cheat? Also, if I don’t tell of her plagiarism, will she then learn that she can threaten people with suicide to get what she wants? Is that an

6 efficacious way to promote the “growth and development of clients” (Corey, Corey, &

Callanan, 2003)?

I’d like to consider how I treat my other students. Have I shown a particular amount of attention to her because of her scholastic achievement? Have I done this at the expense of my other students? Also, when considering her threat of suicide, am I more likely to let her threats work on me because I want her to go to college? Another important issue is asking sure I bear in mind her Latino heritage. Have I done all I can to research Latino suicide statistics and other reports? Here I am reflecting on the virtue of justice (2003).

If I tell anyone Maggie’s statements about either suicide or her plagiarism, would

I be violating the spirit of fidelity? Over the past several years I have built up a trust and although I explained the possible reasons I might have to violate confidentiality (this relates to the virtue of truthfulness), will this affect her ability to trust me, other adults, or other counselors in the future (2003)?

I will also want to examine this dilemma in light of some foundational ethical principles such as those listed in Cohen & Cohen (1999). There is some discord for me between the principles of act utilitarianism and rule utilitarianism. If I simply want to promote Maggie’s overall happiness, I will not disclose her cheating. I would however still need to work with her on the issue of her suicide threat. However, if I want to follow the rules or policies of my school that “maximize overall happiness”, then I would tell on her plagiarism because that would be best for my school, her teacher, the student who should have gotten the scholarship and me. I am also concerned about Maggie as she is in a tough situation at home. I would want to examine the principle of vulnerability. By

7 disclosing her cheating she might become more depressed and then commit suicide.

Even if she does not do anything that extreme, she might still lose the opportunity for the education of her choice (1999).

Many of these principles will conflict with that of congruence for me because honesty is a strong value of mine. I will need to examine this value in a cultural context as well as against the virtue of autonomy to make sure that I am not inflicting my values onto Maggie. Am I showing Maggie “unconditional positive regard”? I need to make certain that Maggie understands that I “love the sinner, hate the sin”. In other words, I will care for Maggie and help her however I can, regardless of the fact that I do not approve of her behavior. I think that making this clear to her will genuinely help her reconsider her feelings of helplessness and suicide.

I decide to consult with others in my field. First I speak with, Jana Reynolds,

MEd. (J. Reynolds, personal communication, May 23, 2005). She has been a school counselor for almost three years and works with a similar population of Chicago Public

School students. Immediately she empathized with my plight. She told me that she was not surprised that my student threatened me with suicide and it has happened to her many times. Her first advice was not to panic, the threat is not uncommon. She suggested that

I first consider the validity of the suicide threat. I should examine her background, check my notes, and make sure I explained the limitations of confidentiality. Has this student attempted or talked about suicide in the past or is she just trying to “get to me”? She also recommended that I complete a suicide assessment at this time. Ms. Reynolds said that she didn’t have my client’s full background but it sounded to her that Maggie was merely

8 threatening me. She said that if I was more comfortable after the suicide assessment, this would be a good time to ask Maggie why she is trying to manipulate me.

Ms. Reynolds suggested that I take a very long time to explain the situation to

Maggie. I need to point out that once she submitted this paper to the scholarship committee, it is no longer her property and they can use it. Because of that, there could be repercussions down the road if she chooses to not admit her plagiarism. I need to tell her that I understand how she is feeling now, but also explore with her how she could feel later if she were to be kicked out of college or her scholarship revoked in the middle of her academic stay there. Ms. Reynolds also wanted me to emphasize the value of reputation: the school’s, mine, her teachers and her own. What would people think of us if they found out we lied?

Another angle that Ms. Reynolds thought I could take with Maggie is to reframe her thinking and explain that it sounds like she had an “all or nothing” way of thinking.

Is this the only possible school that Maggie could feasibly attend? Perhaps we could team up with the career counselor at our school to examine universities with large foundations and other scholarship opportunities. It is very possible that there are other options out there and this would keep Maggie from digging herself into a hole with this situation.

I also spoke with John Kaltsas, Ed.D. who supervises the school counselors at

Rolling Meadows High School and was once an active school counselor himself. He also teaches school counseling classes at DePaul University (J. Kaltsas, personal communication May 18, 2005 and May 25, 2005). His first reaction was similar to Ms.

Reynolds in recommending that my first step be to investigate the viability of her suicide

9 threat. Upon discussing the situation, he seemed doubtful that she was serious and instead questioned her manipulative behavior. However, he did say that I had no reason to adhere to the codes of confidentiality if I felt she was in immediate danger to herself.

Like Ms. Reynolds, Dr. Kaltsas advised me to spend time working with Maggie on a more psycho-social level. The fact that she threatened me shows that we are having relationship issues that need to be discussed. Also, although I have no duty to disclose her dishonesty via plagiarism, I should guide her in the process of being honest herself.

He thought that the fact she decided to be a “thief” and use cheating to “steal this scholarship” showed that she was having issues outside of depression. As an educator and counselor he encouraged me to help her overcome this character flaw. In his opinion, the ideal situation would be for me to be able to talk Maggie into making restitution for herself and tell the scholarship committee. In the long run this will alleviate much guilt and fear of exposure. Dr. Kaltas told me that it was ok and not manipulative to disclose my anger at her. I trusted her and wrote her a recommendation letter. In return she cheated and lied to me.

I am glad that I consulted with someone with extensive experience in the career counseling field for several reasons. First, he brought up a good point about my responsibility to the scholarship committee. If I wrote a recommendation letter for

Maggie then I have no duty to them. However, if a scholarship committee asked me to pick my top high school student and I chose Maggie for this scholarship based on her essay and my knowledge of her performance, the he thought that I needed to withdraw my support for her. I do not need to tell them why. The second reason is that he opened my eyes to the many possibilities that Maggie has besides her first choice university. He

10 seemed extremely concerned about her “all or nothing” attitude and advised me to explore it further.

At this point I am fairly certain that although my school codes, the CPS codes and

ASCA code points me towards disclosing Maggie’s plagiarism, the ACA code of ethics does not. The remaining issue is that of her suicide threat. I decide to consult literature on suicide, adolescent suicide, Latino suicide, urban suicide and suicide relating to academic achievement. I came across several articles that proved helpful in my understanding of female suicide/depression, Latino suicide, and suicide brought on by stress/high achievement.

The first two articles furthered my theory that Maggie was merely threatening me and not serious about her proclamation. The first emphasized typical female suicide ideation as being linked to eating disorders, social isolation, and often times included physical signs such as chronic headaches (Hazler & Mellin, 2004). The second was a rare study on Latino suicide which took place in Miami, Florida. In this study, the majority of Latino suicide victims had “negative school experiences, characterized by failure…” (Queralt, 1993). Both articles described several common scenarios which are common in suicidal students and none of these applied to Maggie (Hazler & Mellin,

2004, Queralt, 1993). Although these are not the only possible scenarios in which suicide could take place, combined with my suicide assessment I felt a bit reassured.

I become concerned once again, as I explore suicidality in relation to stress.

Stress can come from many arenas. However, “serious suicide attempts seem to be higher among students who experience considerable academic success” (Wilburn &

11 Smith & Smith, 2005). Maggie is currently experiencing danger in her neighborhood, a difficult family life and is a top achiever at her high school. She is undoubtedly experiencing pressure to maintain her success.

Next I research articles pertaining to situations in which other professionals dealt with similar dilemmas and reviewed their actions. I quickly decide that my first defense is to be knowledgably about my state confidentiality laws (Taylor, 2002). The difficult part is these tend to vary from state to state (2002). Because I have already reviewed this information with my principal and supervisor understand I do not have a legal responsibility to confidentiality as much as an ethical one. “The student-counselor relationship does not include absolute confidentiality” 2002.

My remaining literature focuses on the ethics of breaking confidentiality with adolescents. Confidentiality is the main trust builder with my clients (Issacs & Stone,

1999 Sullivan, Ramirez, Rae, Razo & George, 2002). I am concerned that if I disclose

Maggie’s feelings of depression and suicidal thoughts, she may decide not trust me further. I need to weigh the negative impact of my disclosing (possibly detrimental to therapeutic process) with the possibly negative scenarios if I do not disclose (suicide)

(2002). In order to do this, I must first be familiar with adolescent risk-taking behavior

(Sullivan, Ramirez, Rae, Razo & George, 2002). The original articles on suicide related to stress, females and Latinos helped broaden my knowledge base.

There is also the factor of my obligations to my school and fellow educators

( Issacs & Stone, 1999). However, no where in the literature did I find that plagiarism

12 was a strong enough abhorrent behavior to risk my relationship with Maggie and possibly future clients by disclosure.

What seems clear is that if Maggie is a danger to herself, I need to break confidentiality to her parents immediately. The immediate threat of suicide is the number one reasons psychologists and counselors break confidentiality with their adolescent clients (Issacs & Stone, 1999 Sullivan, Ramirez, Rae, Razo & George, 2002).

There are still a number of actions I could take. On the moral end, I would like to counsel Maggie on her plagiarism and possibly do further career counseling with her.

The remaining ethical dilemma is whether to tell, and whom to tell of her suicide threat.

I could tell her parents or I could tell a third party such as the police. I could also decide not to tell, but to instead refer her to a community counselor, who focuses on adolescent depression, provide her with resources such as the National Suicide Prevention Lifeline or National Crisis Hotline, or refer her to a support group in our area for adolescent with depression or suicidal thoughts.

Before deciding to tell her parents I would want to speak with them. I could use the guise of a career planning meeting. I would want to see if they appear supportive and open to Maggie’s plans. If I do tell her parents, I would not disclose her reasoning but instead only refer to her comment on killing herself. They will probably be curious as to why she is suicidal and possibly she will let them know of her dishonesty. At this point, they might be disapproving and make her tell her teacher and the scholarship committee.

If she loses her scholarship and the approval of her parents, she might become more depressed and more committed to taking her life. Her parents might react differently.

13 They might feel guilty for making her feel she has to work so hard and achieve so much academically that she felt she had to cheat. They might want to figure out ways to help her attend college without this scholarship so that she achieves her academic goals.

Perhaps this will be a “wake up call” to them to pay attention to her dreams and accomplishments. If this happened, she might then feel less depressed and also would feel as though she had a stronger support system in her family which would probably help prevent suicidal tendencies in the future.

If I tell the police or refer her to an inpatient mental health facility, Maggie might become so depressed and stressed out that her resolve to kill herself could strengthen.

She might become paranoid that her future university would hear of her incident and not want her at school anymore. However, she might find the environment perfect for working out her issues of depression and might start out the next school year a mentally healthy and happy coed.

If I believe that Maggie is not really going to kill herself and don’t tell of her suicide threat a number of things could happen. Maggie could learn that it is possible to trust adults and become closer with her parents. She might talk to them more about her future and learn that they would be willing to somehow help her with college. This would put considerable less stress on her and probably make her a happier person. If I do not tell, Maggie could kill herself, either now or in the future. If she doesn’t kill herself now, she could still possibly not deal with her depression issues and kill herself later due to either guilt or she could possibly be caught by the scholarship committee for her plagiarized essay thus leading her to further feelings of hopelessness and depression.

14 I decide not to report Maggie for either the plagiarism or the suicide threat. After consulting codes, laws, literature and speaking with my colleagues, I do not believe it is in Maggie’s best interest to disclose either. I have stated that I am morally opposed to plagiarism; however my duty is to the welfare of my client. Although I have a responsibility to my school and its mission, it is not in Maggie’s best interest or the interest of our counseling relationship to break confidentiality for something that will not immediately cause her harm (Sullivan, Ramirez, Rae, Razo & George, 2002). It is a difficult decision to not break confidentiality about her suicide threat. I believe I have been thorough in my steps and am confident that she was not serious about her threat to take her life. I began by asking her why she would tell me she was going to take her life.

Did she really want to die or does she just feel hopeless. I also took into consideration her recent pressures at school, her history as a client, and her level of family support. I ended up doing a thorough suicide assessment and she did not have a plan, means, etc.

All she had was a bit of adolescent pain.

The end of the school year approaches and as college nears, Maggie will have new fears and concerns. I am still a little worried about her and will do the best I can to talk her into attending sessions with a community counselor over the summer. I would probably let her parents know that I am a little worried about her stress level as she gets ready to leave her home. I will assure them that students are often upset at this time and it’s a huge change for them. I will ask them to consent to her receiving treatment from a local counselor to whom I refer them.

I have documented these steps for future use. Hopefully I am right and Maggie will not harm herself. It is possible that I am wrong and she will commit suicide. It is

15 also possible that she will not commit it now, but will at a future date. I might also be challenged by my principal or her English teacher if anyone finds out about her academic honesty. I feel confident that I have the laws, codes and opinions of my peers to back me up on my decision not to disclose. Someday Maggie might tell her parents how hopeless she felt at this time. I anticipate that they would be angry with me for not telling them. I hope that my careful evaluation of Maggie’s state-of-mind at the time along with my follow-up will assure them she was not in immediate danger and I made the right decision in not losing her trust by breaking confidentiality.

There are aspects of this decision that I would change if the potential consequences differed. If when speaking to Maggie’s parents, they seemed concerned about her recent depressed behavior I would try to get Maggie to consent to my breaking confidentiality. I would want to sit with her family together and discuss her recent school pressures, difficult home life and what led her to cheating. I think that cheating could be a sign of a greater issue. If I sense that her parents are open to helping her achieve her academic goals, I would also like to help Maggie let them become more involved in her decisions about college. Whatever happens I want to make sure that I do whatever is in the best interest of my client, Maggie.

16 References

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American School Counselor Association (2004). Ethical standards for school counselors.

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17 Hazler, R.J., & Mellin, E.A. (2004). The developmental origins and treatment needs of

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