ETHICAL DILEMMA CASE

STUDY
presented by Bette, Micaela, and
Taryn

OCTOBER 2022
 ETHICAL DILEMMA
You receive a report that DJ, (a 17 year old male
student with Autism and an IEP) has been following
a group of boys around school during lunch and
after school. One of the boys who he follows
reported that DJ started showing up at his after
school Water Polo matches and he sits on the stands
and watches him. A different boy in the same group
reported that DJ lives near him, and he has noticed
that DJ has been hanging out outside of his home
(after school hours) more than usual. The group of
boys have not confronted DJ and shared they are
beginning to feel “creeped out” with the situation.
They came to you for guidance.
HANDOUT!
1. DEFINE THE PROBLEM: EMOTIONALLY
& INTELLECTUALLY
EMOTIONALLY:
We empathize with the group of boys is feeling "creeped
out" because they think another student is following them
We empathize with DJ because we can imagine there’s a
misunderstanding
Ultimately, we know our role is to create a safe
environment for all students, and that includes safety from
being followed and connection with peers at school
We’d want to know more about how everyone
INTELLECTUALLY:
With DJ's ASD diagnosis, we recognize he might not have
adequate social skills to express a desire to be friends
with this group of students or an understanding that his
behavior is socially inappropriate
There are multiple students in this scenario and our role is
to support all of them
 2. ASCA AND ACA CODE OF
ASCA ETHICS AND LAWS
A.2.F: KEEP INFORMATION CONFIDENTIAL UNLESS LEGAL REQUIREMENTS REQUIRE CONFIDENTIAL INFORMATION BE
REVEALED OR A BREACH IS REQUIRED TO PREVENT SERIOUS AND FORESEEABLE HARM TO THE STUDENT OR
OTHERS. SERIOUS AND FORESEEABLE HARM IS DETERMINED BY A STUDENT’S DEVELOPMENTAL AND
CHRONOLOGICAL AGE, THE SETTING, PARENTAL/GUARDIAN RIGHTS AND THE NATURE OF THE HARM. SCHOOL
COUNSELORS CONSULT WITH APPROPRIATE PROFESSIONALS WHEN IN DOUBT AS TO THE VALIDITY OF AN
EXCEPTION.

A.9.E: REPORT TO ADMINISTRATION AND/OR APPROPRIATE AUTHORITIES (E.G., LAW ENFORCEMENT) WHEN A
STUDENT DISCLOSES A PERPETRATED OR PERCEIVED THREAT TO ANOTHER PERSON’S PHYSICAL OR MENTAL WELL-
BEING. THIS THREAT MAY INCLUDE BUT IS NOT LIMITED TO VERBAL ABUSE, PHYSICAL ABUSE, SEXUAL ABUSE,
DATING VIOLENCE, BULLYING, OR HARASSMENT. THE SCHOOL COUNSELOR FOLLOWS APPLICABLE FEDERAL AND
STATE LAWS AND SCHOOL AND DISTRICT POLICY.

A.6.C: CONNECT STUDENTS WITH SERVICES PROVIDED THROUGH THE LOCAL SCHOOL DISTRICT AND COMMUNITY
AGENCIES AND REMAIN AWARE OF STATE LAWS AND LOCAL DISTRICT POLICIES RELATED TO STUDENTS WITH
SPECIAL NEEDS, INCLUDING LIMITS TO CONFIDENTIALITY AND NOTIFICATION TO AUTHORITIES AS APPROPRIATE.

A.11.G: IN DEVELOPMENTALLY APPROPRIATE WAYS AND IN THE CONTEXT OF THE INCIDENT, SUPPORT VICTIMS, AND
ENCOURAGE GROWTH AND PROVIDE TOOLS FOR ACCOUNTABILITY AND CHANGE (E.G. RESTORATIVE PRACTICES) IN
PERPETRATORS, AND PROMOTE HEALING IN THE SCHOOL COMMUNITY WHILE DEFERRING TO ADMINISTRATION FOR
ALL DISCIPLINE ISSUES OR ANY OTHER VIOLATION OF FEDERAL AND STATE LAWS OR DISTRICT AND SCHOOL
POLICIES. (American School Counselor Association, 2022)
 2. ASCA AND ACA CODE OF
ETHICS AND LAWS
ACA
A.4.A AVOIDING HARM: COUNSELORS ACT TO AVOID HARMING THEIR CLIENTS, TRAINEES, AND
RESEARCH PARTICIPANTS AND TO MINIMIZE OR TO REMEDY UNAVOIDABLE OR UNANTICIPATED
HARM.

A.8. MULTIPLE CLIENTS: WHEN A COUNSELOR AGREES TO PROVIDE COUNSELING SERVICES TO TWO
OR MORE PERSONS WHO HAVE A RELATIONSHIP, THE COUNSELOR CLARIFIES AT THE OUTSET WHICH
PERSON OR PERSONS ARE CLIENTS AND THE NATURE OF THE RELATIONSHIPS THE COUNSELOR WILL
HAVE WITH EACH INVOLVED PERSON. IF IT BECOMES APPARENT THAT THE COUNSELOR MAY BE
CALLED UPON TO PERFORM POTENTIALLY CONFLICTING ROLES, THE COUNSELOR WILL CLARIFY,
ADJUST, OR WITHDRAW FROM ROLES APPROPRIATELY.

B.1.C. RESPECT FOR CONFIDENTIALITY: COUNSELORS PROTECT THE CONFIDENTIAL INFORMATION OF

PROSPECTIVE AND CURRENT CLIENTS. COUNSELORS DISCLOSE INFORMATION ONLY WITH
APPROPRIATE CONSENT OR WITH SOUND LEGAL OR ETHICAL JUSTIFICATION.
(American Counseling Association, 2014)
 2. ASCA AND ACA CODE OF
CA Law
ETHICS AND LAWS
CALIFORNIA PENAL CODE [CPC] §646.9(A) – STALKING – CALIFORNIA'S STALKING LAW MAKES IT ILLEGAL TO
FOLLOW, OR HARASS, AND THREATEN ANOTHER PERSON. IN ORDER TO VIOLATE THE STATUTE, THE THREAT
MUST PUT THE ALLEGED VICTIM IN REASONABLE FEAR FOR HIS OR HER SAFETY.

IN SUM, TO BE GUILTY OF STALKING UNDER CPC §646.9(A), THE PROSECUTION MUST PROVE THAT:
YOU HARASSED OR REPEATEDLY FOLLOWED ANOTHER PERSON; AND,
YOU MADE A THREAT PLACING THE PERSON IN FEAR FOR HIS OR HER SAFETY OR FOR THE SAFETY OF
FAMILY.

CA Ed Code
CALIFORNIA EDUCATIONAL CODE 48900.4: HARASSMENT, THREATS, & INTIMIDATION – A PUPIL ENROLLED IN
ANY OF GRADES 4 TO 12, INCLUSIVE, MAY BE SUSPENDED FROM SCHOOL OR RECOMMENDED FOR EXPULSION
IF THE SUPERINTENDENT OR THE PRINCIPAL OF THE SCHOOL IN WHICH THE PUPIL IS ENROLLED DETERMINES
THAT THE PUPIL HAS INTENTIONALLY ENGAGED IN HARASSMENT, THREATS, OR INTIMIDATION, DIRECTED
AGAINST SCHOOL DISTRICT PERSONNEL OR PUPILS, THAT IS SUFFICIENTLY SEVERE OR PERVASIVE TO HAVE
THE ACTUAL AND REASONABLY EXPECTED EFFECT OF MATERIALLY DISRUPTING CLASSWORK, CREATING
SUBSTANTIAL DISORDER, AND INVADING THE RIGHTS OF EITHER SCHOOL PERSONNEL OR PUPILS BY
CREATING AN INTIMIDATING OR HOSTILE EDUCATIONAL ENVIRONMENT.
(California Penal Code (California Penal Code [CPC] §646.9(a) – Stalking); California Education Code, 1976)
 3. CHRONOLOGICAL &
DEVELOPMENTAL AGES

DJ
DJ is 17 years old
DJ's autism diagnosis may mean that his
developmental age is different than his
chronological age

Group of boys:
We are assuming that the other boys involved
are around the same age as DJ (15-18)
Identity versus Confusion (Erikson)
Formal Operational Stage (Piaget)

https://laconciergepsychologist.com/blog/what-is-the-autism-spectrum/
 4. SETTING, PARENTAL
RIGHTS & MINOR RIGHTS

1SETTING

In school
After school event
In the community
2PARENTAL RIGHTS

FERPA
Protect
confidentiality
3
MINOR RIGHTS

DJ is legally a minor
We can presume group
of boys are also minors
of DJ DJ's confidentiality
ASD diagnosis
IEP/special
education
designation
Group of boys'
 5. MORAL PRINCIPALS
AUTONOMY:
HELP DJ UNDERSTAND HOW HIS ACTIONS MIGHT BE RECEIVED AND HOW THEY MIGHT AFFECT OTHERS.
HELP THE GROUP UNDERSTAND THE SITUATION
WE MUST CONSIDER THE CLIENT’S ABILITY TO MAKE SOUND AND RATIONAL DECISIONS
JUSTICE:
ADDRESS THE SITUATION THROUGH ASD LENS
BENEFICENCE:
ADDRESSING THE SITUATION WHEN THE STUDENTS BRING IT TO YOU TO HELP PREVENT FUTURE HARM
KEEPING WELL BEING OF BOTH PARTIES INVOLVED
NONMALEFICENCE:
MUST ENSURE THE GROUP FEELS HEARD AND ACKNOWLEDGED WHILE SUPPORTING THE DJ TO MITIGATE FUTURE
HARM
FIDELITY:
CREATE FOLLOW UP PLAN TO KEEP COMMUNICATION OPEN
COMMUNICATE THAT THE SITUATION IS BEING WORKED ON, WITHOUT DISCLOSING UNENCESSARY INFORMATION
 6. POTENTIAL COURSES OF
ACTION

1 Under-reaction: After
further evaluation, we don’t
believe that this student is
intent on harming any of the
individuals. We see that this
2 Over-reaction: We thank the
students for coming to us to disclose
this very important issue. Because
stalking seems to be a potential in
this situation, we decide to take this
very seriously. We consult with the
issue might be better
administration and the student’s IEP
handled by the
case manager. After speaking with
administration and the
all the parents of the involved
student’s IEP case manager,
students, we decide to make an
therefore we pass it along
amendment to his IEP to include
without establishing a role
individual counseling with the school
for ourselves.
counselor to work on social skills.
 3
6. POTENTIAL COURSE
OF ACTION (CONT)

1. Gather information from group of boys and acknowledge, validate, and generally provide
psychoeducation around varying social skills of peers. Making sure we are not disclosing that DJ
has autism. (Promote empathy by asking "why do you think this is happening?")

2. Consult, consult, consult!

3. Pull DJ to better understand his perception of the situation

4. Call the parents (both DJ’s parents and the parents of the group) involved to disclose the
situation, gather information, and let them know the situation is being addressed (upon talking
to students and parents we may find out it’s better or worse than what we’ve been told) without
breaking confidentiality on either end.

5. From the info gathered from everyone, we will consult with admin to create a plan to support
DJ and helps the group feel positive in their environment.
 7. EVALUATE SELECTED
COURSE OF ACTION
POSITIVES
By consulting with so many
CONSIDER JUSTICE parties we will likely find
WOULD YOU TREAT OTHERS THE SAME IN THIS SITUATION? more information
Gain trust of all parties

NEGATIVES
CONSIDER PUBLICITY Might not have strategies
WOULD YOU WANT YOUR BEHAVIOR REPORTED IN THE PRESS? to stop DJ's behaviors
immediately

ANY NEW ETHICAL

CONSIDER UNIVERSALITY
WOULD YOU RECOMMEND THE SAME COURSE OF ACTION TO ANOTHER
ISSUES?
COUNSELOR IN THE SAME SITUATION? If yes, return to beginning
of ethical decision-making
model
(Forester-Miller & Davis, 2016)
 8. CONSULTATION

1
PRINCIPAL
AND/OR
ASSISTANT
PRINCIPAL
2 IEP CASE
MANAGER
3ANOTHER
COMPETENT
SCHOOL
COUNSELOR
 9. IMPLEMENTATION

IMPLEMENTATION OF SOCIAL SKILLS GROUP AND ANY INTERVENTION

DEEMED NECESSARY BY THE CASE MANAGER FOR DJ

FOLLOW UP IN ORDER TO MAKE SURE THE SITUATION IS NOT

ESCALATING

CHECK-IN WITH THE GROUP OF BOYS AND CONTINUE SUPPORT IF

NECESSARY

KEEP AN OPEN AND HONEST LINE OF COMMUNICATION WITH PARENTS

 REFERENCES
California Penal Code (California Penal Code [CPC] §646.9(a) – Stalking)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=646.9&lawCode=PEN

American Counseling Association. (2014). 2014 ACA code of ethics. https://www.counseling.org/knowledge-

center

American School Counselor Association. (2022). ASCA ethical standards for school counselors.
https://www.schoolcounselor.org/getmedia/44f30280-ffe8-4b41-9ad8-f15909c3d164/EthicalStandards.pdf

California Education Code, Title 2 § 48900.4 (1976)

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?
lawCode=EDC&division=4.&title=2.&part=27.&chapter=6.&article=1.

Forester-Miller, H., & Davis, T. E. (2016). Practitioner’s guide to ethical decision making (Rev. ed.). Retrieved from
http://www.counseling.org/docs/default-source/ethics/practioner’s-guide-toethical-decision-making.pdf

Stone, C. B. (2022). School Counseling Principles: Ethics and Law (5th ed.). American School Counselor
Association.
THANK YOU!
let us know if you have any questions