A study of legal issues encountered by school counselors and perceptions of their preparedness to respond to legal challenges - Special issue: legal and ethical issues in school counseling

Professional School Counseling, Oct, 2002 by Mary A. Hermann

Table 1. Percentage of Participants Who
Encountered Legal Issues in Past 12 Months

                                                          Encountered
                                            Encountered   Issue Two or
Legal Issue                                    Issue       More Times

Determining Whether to
  Report Suspected Child Abuse                   89%           74%
Being Pressured to Verbally
  Reveal Confidential Information                51%           34%
Being Asked to Turn
  Over Confidential Records                      19%           10%
Determining Whether a Client
  Posed a Danger to Others                       73%           51%
Determining Whether a Client Was Suicidal        90%           76%
Being Subpoenaed to Appear as
  a Witness in a Legal Proceeding                18%            4%
Clients Expressing Dissatisfaction
  with Participants' Counseling Services         42%           19%

Table 2. Participants' Perceptions of
Their Preparedness to Respond to Legal Issues

                                           Not       Well
Legal Issue                              Prepared  Prepared   M     SD

Determining Whether to Report               2%       91%     4.43  .72
  Suspected Child Abuse
Being Pressured to Verbally Reveal         14%       57%     3.66  1.06
  Confidential Information
Being Asked to Turn                        22%       52%     3.47  1.17
  Over Confidential Records
Determining Whether a Client               13%       63%     3.72   .97
  Posed a Danger to Others
Determining Whether a                       6%       72%     3.95   .90
  Client Was Suicidal
Being Subpoenaed to Appear as a            54%       23%     2.50  1.31
  Witness in a Legal Proceeding
Clients Expressing Dissatisfaction with    20%       48%     3.36  1.16
  Participants' Counseling Services

Note: "Not Prepared" represents responses of one and two of this
survey. "Well Prepared" represents responses of four and five.

Table 3. Results of t-tests Between Participants
Completing an Ethical/Legal Course and Those Who Did Not

                                 Completed    No Course
                                   Course

Legal Issue                       M     SD    M     SD     t     df

Determining Whether to Report    4.45   .72  4.38   .71   .76    268
  Suspected Child Abuse
Being Pressured to Verbally      3.73  1.07  3.45  1.02  1.90    267
  Reveal Confidential
  Information
Being Asked to Turn              3.56  1.14  3.20  1.27  2.17    266
  Over Confidential Records
Determining Whether a Client     3.82   .89  3.41  1.14  2.70     96
  Posed a Danger to Others
Determining Whether              3.98   .88  3.83   .97  1.20    109
  a Client Was Suicidal
Being Subpoenaed to Appear as a  2.64  1.30  2.13  1.28  2.80 *  264
  Witness in a Legal Proceeding
Clients Expressing               3.39  1.20  3.26  1.07   .78    262
  Dissatisfaction with
  Participants' Counseling
  Services

* p < .01

Table 4. Results of t-tests Between Participants Completing
Ethical/Legal Continuing Education and Those Who Did Not

                                                No
                                 Continuing  Continuing
                                 Education    Education

Legal Issue                       M     SD    M     SD     t     df

Determining Whether to Report    4.55   .63  4.27   .79  3.16 *  215
  Suspected Child Abuse
Being Pressured to               3.82  1.04  3.44  1.05  2.92 *  269
  Verbally Reveal
  Confidential information
Being Asked to Turn Over         3.60  1.19  3.29  1.13  2.12    268
  Confidential Records
Determining Whether a Client     3.91   .92  3.47   .97  3.83 *  269
  Posed a Danger to Others
Determining Whether              4.14   .79  3.69   .98  4.08 *  215
  a Client Was Suicidal
Being Subpoenaed to Appear as a  2.65  1.37  2.30  1.20  2.22    260
  Witness in a Legal Proceeding
Clients Expressing               3.48  1.18  3.19  1.12  2.00    264
  Dissatisfaction with
  Participants' Counseling
  Services

* p < .01

Table 5. Results of t-tests Between Participants
Licensed as Professional Counselor and Those Who Were Not

                                     Licensed  Not Licensed

Legal Issue                         M     SD    M     SD     t     df

Determining Whether to Report      4.49   .73  4.38   .70  1.19    270
  Suspected Child Abuse
Being Pressured to Verbally        3.84  1.01  3.47  1.08  2.87 *  269
  Reveal Confidential Information
Being Asked to Turn                3.64  1.14  3.30  1.18  2.40    268
  Over Confidential Records
Determining Whether a Client       3.90   .93  3.53   .97  3.21 *  269
  Posed a Danger to Others
Determining Whether                4.08   .84  3.81   .94  2.46    268
  a Client Was Suicidal
Being Subpoenaed to Appear         2.59  1.35  2.42  1.27  1.03    266
  as a Witness in
  a Legal Proceeding
Clients Expressing                 3.49  1.10  3.22  1.22  1.88    264
  Dissatisfaction with
  Participants' Counseling
  Services

* p < .01

Table 6. Results of t-tests Between NBCC and non-NBCC Participants

                                    Certified  Not Certified

Legal Issue                         M     SD    M     SD     t     df

Determining Whether to Report      4.43   .73  4.43   .71   .02    268
  Suspected Child Abuse
Being Pressured to Verbally        3.81   .96  3.60  1.09  1.47    118
  Reveal Confidential Information
Being Asked to Turn                3.67  1.22  3.39  1.15  1.67    266
  Over Confidential Records
Determining Whether a Client       4.02   .91  3.63   .97  2.91 *  114
  Posed a Danger to Others
Determining Whether                4.22   .74  3.87   .93  2.72    266
  a Client Was Suicidal
Being Subpoenaed to Appear as a    2.75  1.43  2.41  1.26  1.81    264
  Witness in a Legal Proceeding
Clients Expressing                 3.32  1.19  3.36  1.16   .27    262
  Dissatisfaction with
  Participants' Counseling
  Services

* p < .01