By the Principles for Professional Ethical Practice Committee

Summary

The following case study describes the role of career centers when a student’s identifiable demographics are sent via email by staff personnel and shared with others outside the university. The student has come to the career center for assistance in finding a job in a specific field as well as the regional area. The Principles for Ethical Professional Practice are used to address this scenario. This case study provides insight into the following:

• The role of career centers in this situation;
• Implications for the career coach given their actions;
• Considerations for privacy and confidentiality;
• Exposure of a protected class using identifiable information; and
• Potential legal implications.

The Case

Scenario: The following inquiry was posted to a 1,000-person online forum (hereafter referred to as a “group”) for career coaches:

“I am working with a 54-year-old Latinx student who is attempting to identify their career options. The student's previous work history includes:

• Writer (loves writing about foods and restaurants; is a gourmet cook)
• Freelance proofreader/editor
• A mediation specialist for community disputes
• Handling customer service in the private sector.
• Public information specialist—created brochures for government agencies
• Radio broadcasting, sales, and advertising

The student has an undergraduate degree in communications and media (1988) and is completing a master’s in English. The student's thesis and area of greatest interest focuses on media literacy. It deals with educating the public about the impact media has on us, particularly the influence of violence.

Here are the “kinks” in helping the student explore career options:

• The student really wants to live in a rural area, preferably in the Northwest or New England.
• The student developed a vision disability that is making any close work difficult and is seeing specialists for the condition. The student is not losing sight, but too much eye strain causes their eyes to cross. As much as the student enjoys desktop publishing and proofing work, they estimate the vision disability would limit their ability to do this work to about 25% of their time.
• The student has developed a loss of range of motion in their right wrist making typing difficult. At home, the student uses voice recognition software.

I would love suggestions of positions the student might pursue in the public relations/media/ journalism/mediation areas that would accommodate their vision disability and related limited limitations.”

Questions:

• Is the level of detail in this post appropriate?
• Has a breach of confidentiality occurred between the adviser and the student?
• What rules or guidelines would you propose for disclosure of client information on a professional listserv? What forms of communication would be appropriate to share?
• What are the ethical/legal issues that this scenario raises?
• Does "career adviser confidentiality" have any significance in this scenario?
• How would you handle this situation?
• What resource is the person asking for, and how ethically and professionally appropriate would it be to ask in a forum?

Analysis: A career center professional shared detailed student information seeking advice on career options. The professional shared confidential information, including the student's gender, age, race, and disability. Additionally, the professional shared information about the student's graduation year and major, as well as their location of professional interest. The demographic data of the client is so specific that confidentiality and privacy may be compromised. We assume that the professional did not get permission from the student to present this information case to the listserv. However, even with the authorization from a student, it is the ethical duty of the professional to remove any identifiable demographic information from the post.

Career advisers and coaches should be reminded that information shared on listservs and other digital media should be considered public information. This includes but is not limited to social networking sites, video conferencing platforms, and any online messaging applications. Advisers/coaches should also be mindful that the improper disclosure of certain student identifying information may be considered a violation of FERPA, Title IX, and other legal standards, as well as NACE's confidentiality standards. Clients should always be consulted before a career services professional seeks advice on their case and should be informed of the rights to confidentiality. Career counselor client confidentiality and privacy is an ethical standard of practice that restricts the exposure of clients to others as potential ramifications can follow-suit, thus exposing the professional to a variety of potential legal issues.

Principles That Apply: Three of the five principles were highlighted as points of concern:

• Principle 1: Practice reasonable, responsible, and transparent behavior.
  
• Principle 4: Comply with laws.
• Principle 5: Protect confidentiality of client.

In particular, Principle 5 first states, “Protect confidentiality of all personal information related to candidates and their interviews, and their engagement with services, programs, and resources,” and secondly, “protect confidentiality of student information related to professional plans.”

Options for Resolution: Principle 5 is clear when it states that personal information of students is to be protected.

• Only discuss and disclose unidentifiable facts of the client, such as “career-changing professional looking for opportunity in the field of journalism.”
• Fully disclose the content of the post to the client and its potential to identify the client.
• Obtain a release or authorization from the client to share personal information.
• Offer to discuss the issue with a select group of colleagues, preferably in person, over the phone, or in an online meeting, as opposed to a group where the membership is unknown.
• If the client agrees to have the information shared, whether in a group or to a specific group of colleagues, be sure to indicate to the group that the client’s written authorization  has been obtained and instruct the group not to share the information with anyone else.
• If the information is shared without the client's consent, the client should be informed about the breach of confidentiality. Before communicating with the client, the career center leader should consult with legal counsel to ensure any such communications mitigate risk for the career center. In addition, the leader needs to learn if this is an isolated incident or if the adviser/coach had engaged in the behavior before, and, if so, what action was taken. This information will inform next steps.
• Using campus legal counsel advice, the client should be informed about the breach of confidentiality and given a copy of the “Rights and Responsibilities” article. The client needs to be assured that this breach of confidentiality will be addressed and steps will be taken to prevent this from happening in the future. Other actions, as deemed appropriate by the career center leader, could include a formal written letter of apology, immediate removal of the public post, and/or a formal internal reprimand or other discipline of the adviser/coach.

To prevent future confidentiality breaches, career center leaders should ensure staff have training on FERPA and other applicable legal standards as well as NACE's confidentiality standards. Leaders may also consider asking employers via conversations, surveys, or as part of employer advisory board meetings for their perspectives on what type of candidate information is appropriate for the career center to share with them. The leader should also consider posting the “Rights and Responsibilities” article in the career center and on the center’s website so that students are made aware of their rights. Finally, the ensure monitoring and adherence to these standards, a procedure for easily reporting similar situations should be employed, starting with a follow-up for the coach in this case study. The intention is to build trust in the system of reporting and restorative practice so that all staff feel comfortable sharing concerns with career center leaders or colleagues.

Reviewed and revised by the 2024-25 Principles for Ethical Professional Practice Committee.