© 1996-2003 American Student Achievement Institute
http://asai.indstate.edu • May be reproduced with proper citation for educational purposes.
American Student
Achievement Institute
Confidentiality / Privileged Communication
CONFIDENTIALITY
PRIVILEGED COMMUNICATION
 Ethical Concept
 Legal Concept
 What is said between two
people will remain secret
and will not be shared
without consent
 Protects from Forced
Disclosure

YES: School Counselors & School
Social Workers
 NO: School Nurses, School
Psychologists, Advisors, Mentors
EXCEPTIONS TO
CONFIDENTIALITY &
PRIVILEGED COMMUNICATION
 Child Abuse & Neglect
 Student has committed an illegal act
 Student intends to commit a crime
 Parent (or eligible student) waives right
 Potential harm to self or others
American Student
Achievement Institute
American Student
Achievement Institute
Title IX – Gender Equity
 Prohibits discrimination on the basis of
gender by any institution receiving federal
funds
 Prohibits discrimination on the basis of
gender in guidance or counseling
 All careers open to both genders
 All courses offered to both genders
 Test interpretations differ for genders (red
flag)
 Hiring practices – cannot be gender related
American Student
Achievement Institute
American Student
Achievement Institute
Child in Need of Services
IC 31-34-1-6
A CHILD IS IN NEED OF SERVICES IF BEFORE THE CHILD
BECOMES EIGHTEEN (18) YEARS OF AGE:
(1) The child substantially endangers the child’s own health or the
health of another individual; and
(2) The child needs care, treatment, or rehabilitation that the child
(A) is not receiving, and
(B) is unlikely to be provided or accepted with the coercive
intervention of the court.
American Student
Achievement Institute
Signs of Child in Need of Services
CHILD ABUSE
NEGLECT
•
Excessive bruises
•
Malnourished
•
Pattern of bruises
•
Ill-clad, dirty
•
Burns
•
Improper shelter
•
Burn patterns
•
•
Lacerations, welts,
abrasions
Inappropriate health
care
•
Excessive absences
•
Overworked
•
Lacking emotional
nurturance
•
Abandonment
•
Injuries inconsistent
with explanation
•
Sexual abuse
•
Emotional disturbance
American Student
Achievement Institute
Duty to Report Child Abuse
IC 33-31-5-1
“An individual who has reason to believe that a child is a victim of
child abuse or neglect shall make a report as required by this article.”
1)
Immediately notify the school principal who will cause a report to
be made to:
a) Local child protection service
b) Local law enforcement agency
IC 31-33-6
. . . a person, other than the person accused of child abuse or neglect
. . . is immune from any civil or criminal liability that might otherwise
be imposed because of such actions.
FAILURE TO REPORT - MISDEMEANER
American Student
Achievement Institute
How to Report
1.
Report suspected cases to principal immediately (or his or her
designee if the principal is out of the building)
2.
Determine who will report the abuse to Child Protective Services
3.
If not you, follow up to make sure the report was made
4.
If Child Protective Services wishes to talk to the student at
school
a. Verify that the person is really from Child Protective
Services
b. Find a private place for the meeting
b. Explain the situation to the student before they see the
caseworker
c. Assure him/her that the caseworker has the student’s best
interests in mind
d. Offer to be present during the interview
e. If present, just listen
f.
Check in with the student after the caseworker is gone and
the next day
American Student
Achievement Institute
American Student
Achievement Institute
MALPRACTICE
MALPRACTICE: Practices that are outside of a
professional’s training or ability that result in
damage to the recipient of those services
NEGLIGENCE: A a breach of legal duty to
perform acts that are part of the professional’s
obligation
ACTING IN GOOD FAITH: Using the ethical
standards of one’s profession as a criterion for
marking a legal determination.
American Student
Achievement Institute
The Difference Between
Counseling, Guidance, Active Listening
COUNSELING: Using knowledge of counseling
theory and counseling techniques to bring
about a change in student behaviors or
attitudes (should be practiced only by
credentialed professionals)
GUIDANCE: Sharing knowledge related to
career, academic, or personal-social
development
ACTIVE LISTENING: Listening in an friendly
and attentive manner
American Student
Achievement Institute
LIBEL / SLANDER / DEFAMATION
LIBEL: False statements that are published and
bring about hatred, disgrace, ridicule, or
contempt
SLANDER: Verbal statements that bring about
hatred, disgrace, ridicule, or contempt
DEFAMATION: In civil suits, an injured
reputation resulting from libel or slander
Advisor Risks:
Letters of recommendation
Comments in student records
American Student
Achievement Institute
American Student
Achievement Institute
Analysis / Evaluation / Survey
IC 20-10.1-4-15
Schools may not require students
to involuntarily participate in a
personal analysis, an evaluation or
survey that is not related to
academic instruction without
parent permission.
American Student
Achievement Institute
© 1996-2003 American Student Achievement Institute
http://asai.indstate.edu • May be reproduced with proper citation for educational purposes.
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