News, Views and Careers for All of Higher Education
Dec. 2, 2005
College counseling centers have long promised their student patients that their confidentiality can be assured. But a plan under consideration at George Washington University — causing concern there and among psychologists elsewhere — would have students seeking counseling sign a waiver to allow some information about their sessions to be shared with administrators in certain circumstances.
Sources who wished to remain anonymous said that Diane M. DePalma, director of the center, has been told to work with a university lawyer to develop a protocol that would protect the liability of administrators in instances where those receiving counseling might harm themselves or others. DePalma referred questions to the university’s press office.
Psychologists, under various state laws and their own professional codes, already have an obligation to take necessary action whenever patients may be a danger to themselves or others, but those obligations involve breaking confidentiality only to those who would need to provide immediate care or security to the patients and do not permit confidentiality to be broken to others.
The plan under consideration at GW would ask that students, faculty members or anyone else receiving counseling services at the center sign a waiver that would allow notes and discussions that occur during sessions to be shared with certain administrators. Sources could not confirm whether the protocol would require a signed waiver in order for an individual to receive service.
In reference to these reports, Matt Lindsay, a spokesman for the university, said, “Basically, we periodically review protocols, but no changes have been made.” He added that there is currently a lawsuit against the university that could possibly be connected to this development.
Increasing numbers of administrators nationwide have grown concerned about their institutions’ liability in instances where psychologically disturbed students act in harmful ways to themselves or others. In 2002, the parents of Elizabeth Shin filed a $27.65 million wrongful death lawsuit suit against the Massachusetts Institute of Technology, charging that its counseling service failed to take their daughter’s depressed situation seriously. Two years earlier, Shin, then a student at MIT, lit herself on fire in her dorm room and died as a result of burns. Ultimately, MIT was cleared of wrongdoing, but some counts filed against individual MIT administrators are still going forward.
At least two recent suicides at George Washington have heightened concerns at the university.
While saying that he understands administrators’ unease over student suicide and possible liability lawsuits, Stephen Behnke, director of ethics at the American Psychological Association, said Thursday that protocols like the one George Washington is considering are “immensely troubling.”
Behnke noted that he’s heard some details about the situation, but hasn’t seen any concrete drafts of proposed procedures. He said that legal authorities as high as the U.S. Supreme Court — in the 1996 ruling in Jaffee v. Redmond — have recognized that effective therapy depends on an atmosphere of confidence and trust.
“When you remove confidentiality, you remove the ability for effective psychotherapy,” he said. “Anything that threatens [the patient’s] ability in confidence, I would be very concerned about.”
Behnke said that to his knowledge no state laws allow confidentiality to be broken without a patient’s prior consent. He also added that he’s not familiar with other institutions of higher education that have pursued paths similar to that under consideration at George Washington.
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Larry, please provide evidence of what you are alleging. I have worked in mental health for nearly 20 years and have never known or even heard of a single instance of the type of breach you describe.
Lee, at 9:19 am EST on December 2, 2005
Legally you cannot force someone to sign a release. However, if you use that as criteria for obtaining services you are likely to eliminate those people who really need couneling. If someone signed a consent, it is still an ethical issue for the counseling professional as to what they release. Again, you would be forcing professionals to filter out information from progress notes, etc., in order to continue to work in this capacity. Potential risk to self and others is already covered by Tarasoff and all of us who are licensed are under strict requirements as to when to release this kind of information and to whom. If these counselors have to adhere to an institutional policy that violates a professional code of ethics by releasing information to University Administrators, then they are in jeopardy of losing their license. So, who should a University protect, the Administrators, the students, or the therapists?
Anna Escamilla, Program Coordinator at University of Texas at Austin, at 9:52 am EST on December 2, 2005
Larry, I have several friends who have taken counciling at their universities — they very much belong and college and are handling their situations well.
While breaches of privacy are not as uncommon as some believe, they certainly are not as common or as lightly taken as you suggested.
This suggestion is another poor one based on the “I’m a victim! Give me money” trial lawyer system that somehow decided the a university is responsible for preventing suicides (lets see how that goes against jobs in which people commit suicide).
This program will be terribly counterproductive in several ways. GW, don’t let this fly.
Kevin, Undergraduate, at 11:28 am EST on December 2, 2005
The idea of having one’s mental health issues spread around the administration certainly would make suffering in silence a lot more attractive, eh?
dan, at 11:32 am EST on December 2, 2005
All professional counseling practitioners are aware of their legal and ethical obligations to make warnings when immediate danger to the self is being expressed by a client. This ethical exception to the rule of confidentiality is specifically aimed at client protection, as are all confidentiality process guides. George Washington University seems to be turning this on its head by asking that regulations be created for the protection of the institution that clearly violate the client’s rights. How will providing notes of a session to an academic administrator (clearly more than notifying a specialized professional of a specific situation of self-created danger)serve any interest except the institution’s. University administrators are not usually trained psychiatric professionals and have no business being provided confidential information about clients in any counseling situation.
Wilson Watt, Ph.D.,MSW, Associate Professor at SSW-U of Missouri, at 11:50 am EST on December 2, 2005
The question is, if the MIT counseling service was “cleared of wrongdoing” why are
“some counts filed against individual MIT administrators” “still going forward” ?
How could the counseling service NOT have done something wrong, but the administrator(s) DID do something wrong?
Were the administrators responsible for a bad counseling policy/procedure/practice that the counseling service had to carry out (possibly in spite of their professional responsibility and judgment?).
If so, the “problem” is due to the bad policy (which the administrator is presumably responsible for), and perhaps other related issues, such a limited budget, organizational dysfunctionality (lack of accountability at several possible levels), and so forth.
The report does not provide enough information.
argh, at 2:59 pm EST on December 2, 2005
I am glad that a few people here will admit that at least some in the counseling community have understood that there are pressures to release information, and that some have caved in. But, to begin, contrary to the rhetoric of many, going to a shrink is often seen as a weakness. I know that my family would disown me if I ever did because we come from a culture of strength. Even the women. Many careers and licensing bodies look down upon people with mental problems: for good reason – they must serve others without fail and if they are going to rely on counseling, they won’t be able to provide as high a level of service.
Kevin, since you are big enough to admit that there are some breaches I will just point out that each breach means victimizes the student whose personal details are breached. I don’t know the exact number of breaches, but I do know, as another poster points out that there are many administrators who will ask for “off the record” conversations about a given student so they can “find out” if they are a “danger” to themselves and others. When a counselor caves, students lives are ruined. In some cases, students have been kicked off campus (as has happened at GWU).
Counselors who claim that breaches of confidentiality never happen are in denail.
Wilson Watt, In my experience, most counselors are NOT aware of their duties to tell other people about their patient’s personal details. Most of the time they don’t know the difference between “may” and “shall.” Some of the time the law on the subject is nebulous. A lot of the time, they defer to the opinions of attorneys who don’t represent them or their students. For instance, in many cases, counselors will rely on representations by prosecutors regarding their obligations when the law might just as well be construed in favor of confidentiality. This might be because the law is vague, or because the prosecutor is trying to get additional evidence without having to go into court for it. Most therapists don’t like going into court and risking their freedom, especially when their employer is on the same side as the person trying to compel the production of information.
Larry, at 4:29 pm EST on December 2, 2005
MIT was found not to be responsible. However, wherever there is an ambulance to be chased (or a hearse to be followed) there the Trial lawyers will be. There is still money to be made, so a variety of people barely connected to the issue at all are being accused of failing some responsibility that only the family and their lawyers acknowlage.
Kevin, Undergraduate, at 4:29 pm EST on December 2, 2005
Kevin, If someone a lawsuit does not state a claim upon which relief could be granted it will be dismissed. Lawsuits are quite expensive, and if the suit lacks merit it likely would not be brought. But, unless you know exactly what the claims are against the administrators, I think that you might be repeating stuff you heard on TV.
Larry, at 6:27 pm EST on December 2, 2005
Larry said: ” Many careers and licensing bodies look down upon people with mental problems: for good reason – they must serve others without fail and if they are going to rely on counseling, they won’t be able to provide as high a level of service.” I wish this were true. I have been a licensed psychologist for more than 30 years, and if a strict standard of mental health were followed there would be a drastic shortage in the health field and in law enforcement. Not going to a therapist is no guarantee of mental health. There are some people in the above mentioned fields who could benefit from therapy or should not be in their profession.
DrBob, at 8:55 pm EST on December 4, 2005
I have to agree with DrBob there. If I had my personal say about who was “healthy” enough to be working in many sensitive careers, there would be a *ton* fewer people on the job! (And I would be more likely to recommend someone for work who *was* attending treatment, in many cases.)
Liz, at 10:24 am EST on December 5, 2005
It often comes down to what is best for the student and if the team that is there for student support (both within counseling and outside of counseling, i.e. faculty, residence life, Dean of Students) has a need to know what is going on to support the student’s success. Therefore it becomes a case by case basis. Is it legal? Is it ethical? Only you can know what is best for your campus.
Peter, at 1:42 pm EST on December 6, 2005
In reading GWU’s proposal of signing a waiver if receiving counseling, I felt sickened at the thought. This shows no regard to the students, or their welfare or their education or their future or in any way wanting to help. If you are in the field of education, isn’t the student your top priority? It seems to me that GWU is in the business of making money and protecting their assets – the student is just a means to getting there. They want to make sure that if a student (or employee) could possibly have a mental problem, that their hands are clean and get that person out of there (as they have done). It certainly makes clear GWU’s level of compassion and interest in young people. I also don’t think they could make a stronger statement against seeking treatment, which seems to me, they are contributing to making the problem worse. Maybe that’s what bothers them.When it comes to choosing where you will spend four years and $100,000 — $200,000 dollars you better check that list twice.
Chris, 30 year educator, at 4:27 pm EST on December 11, 2005
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students should know better
They wouldn’t be the first school to do this, though maybe they are the first school to attempt to do some in a legal manner. But, quite frankly, any student that goes to counseling is: 1) naïve to think that what he says will stay secret; and 2) probably shouldn’t have come to school in the first place.
Whatever the case, many students potential careers have been nixed because they thought that a counselor would keep something secret. Therefore, all students, everywhere should be aware, that the schools do not want to help them, but, at best, want to limit their liability.
Larry, at 7:09 am EST on December 2, 2005