Case Study: The Joys and Woes of E-mail
You have encouraged your professional staff to interact and brainstorm with each other when problem student situations arise. The interaction could occur in person or over the e-mail. Because everyone has e-mail there seems to be more e-mail interaction than person to person interaction, but that seems to be the new 21st century way of discussion.
In any event, several of your counselors have been e-mailing each other about Bob, a student who has had problems landing a job. Jill, the person with whom the student has been working, has pinpointed the problem as his poor presentation during interviews. Jill has been e-mailing Joe and Joyce about the problem and the way it should be addressed with the student. These individuals know the student and have also worked with him in the past. Some of the e-mails refer to the student's dress as "pimp-like," and refer to his communication abilities as if "he was high on drugs." Jim opines that "Maybe if Bob would stop partying all night before his interviews with his low life friends, he would do a better job at the interview."
Pam, a student intern, in your office, just happens to see one of these e-mails and tells Bob. Bob is furious and storms in your office demanding an explanation. Pam also becomes concerned about what is being put in writing about her and demands to see all of the e-mails among the counselors pertaining to her.
Questions to consider:
- What are the ethical/legal issues that this scenario raises?
- Does "counselor confidentiality" have any significance
in this scenario?
- Would your response be any different if this exchange occurred
in the context of a staff meeting? If so, why? If not, why not?
- What about the intern's access to the e-mail?
- How do you handle this situation?
Steps to Resolution
1. What relevant facts are known?
a. As the supervisor, you have encouraged your staff to discuss problem student situations in person or by e-mail, and more of these discussions are being conducted by e-mail.
b. One of the counselors, Jill, has been e-mailing two other counselors, Joe and Joyce, about Bob, a student with whom she has been working.
c. Some of this e-mail communication contains derogatory comments about Bob.
d. A student intern, Pam, sees these derogatory e-mails and informs Bob.
e. Both Pam and Bob are upset - Pam demands to see all of the e-mail communication concerning her, and Bob demands an explanation from you.
However, we do not know the following:
f. It is unclear which counselors made the derogatory comments about Bob.
g. It is also unclear if these comments are based on fact, or merely speculative opinions?
h. And, we do not know how the student intern obtained access to the counselors' e-mail communication.
2. Identify the relevant NACE Principles in question?
a. Career Services Principle #7—"Any disclosure of student information outside of the educational institution will be made with the prior written consent of the student unless health and/or safety considerations necessitate the dissemination of such information. While Bob's information was not disclosed outside of the institution, "Career services professionals will exercise sound judgment and fairness in maintaining the confidentiality of student information, regardless of the source, including written records, reports, and computer data bases".
b. Career Services Principle #2—"Career services professionals will know the career services field and the educational institution and students they represent, and will have appropriate counseling skills."
c. Career Services Principle #1—"Career services professionals, without imposing personal values or biases, will assist individuals in developing a career plan or making a career decision."
3. What are the ethical/legal issues that this scenario raises?
Ethically, this scenario raises the issue of maintaining confidentiality of student information. As outlined in Principle #7 for career services professionals, "any disclosure of student information outside of the educational institution will be with prior consent of the student unless health and/or safety considerations necessitate the dissemination of such information." And while information about Bob was not shared outside of the career services office, the staff members in question did not "exercise sound judgment and fairness in maintaining the confidentiality of student information, regardless of the source, including written records, reports, and computer data bases", as further outlined in this Principle. Also, the fact that some of the counselors made the derogatory comments about Bob it calls into question their professional competence and whether they have appropriate counseling skills (Principle #2). Further, as outlined in Principle #1, career services professionals shall not impose their personal values or biases, and their comments are troubling because they may not be based on fact, but stem from differences in values with Bob and students like him.
Legally, there is the potential for allegations of libel or defamation of character to be brought against the staff members by Bob, although he would have to prove that there was intent to libel him.
4. Does "counselor confidentiality" have any significance in this scenario?
No. Clients, or students, as in Bob's case, share information with counselors with the understanding that their confidences will not be compromised. It would have been permissible for Jill to discuss his situation with other staff members if she had obtained his permission to do so. At a minimum, however, student interns should not have access to these confidential discussions.
5. Would your response be any different if this exchange occurred in the context of a staff meeting? If so, why? If not, why not?
Yes and no. Yes, to the extent that the exchange was not in writing, and therefore, did not constitute a permanent record and present greater opportunities to libel the student because of the ease of disseminating this information. No, to the extent that, no matter what the context of the discussion, the staff members exercised poor judgment by not restricting their discussion to factual information vs. subjective impressions and using unprofessional language.
6. What about the intern's access to the e-mail?
It is possible that interns may at times have access to confidential student information, regardless of the source, but student interns, just as counselors, must be trained in the proper use of this information and abide by office policies and guidelines.
7. Decision. Apologize to the student and offer to reassign him to another counselor, or given the seriousness of the situation and his discomfort, offer to work with him personally as the director. Speak with your staff, individually and collectively, to document the situation and to explain why this communication is unacceptable. Then, work together with your staff to formulate a policy and guidelines about the dissemination of confidential student information in the context of counseling sessions.
