Ethical Dilemma—GLBT
Dilemma #2
Step
Identify the problem.
Apply the ACA,
ASCA, or Federal
Guidelines for
Special Ed.
Determine the nature
and dimensions of the
Information to be considered
Completed
You have a student who comes to you and tells you he is gay. He says some other students
are teasing him constantly and one has even pushed him around in the locker room. What are
your obligations? This could be an ethical problem if the counselor has trouble separating
his/her own views about homosexuals or has difficulty working with a homosexual student.
Legally, not acting on behalf of the student being harassed could result in the public school
official being sued for not protecting the student (42 U.S.C. 1983). Professionally, counselors
are directed under Competency 002 (Student Diversity) of the Texas Educator Certification as
follows: The school counselor understands human diversity and applies this knowledge to
ensure that the developmental guidance and counseling program is responsive to all students.
This could possibly become a clinical problem because I do believe I would need to counsel
the student on healthy ways to handle problems that may arise due to his sexual orientation.
As far as the students teasing him and pushing him around, I would need to discuss the
situation with the school principal, who will handle the discipline of the students causing this
young man distress.
 ASCA position—Professional school counselors recognize the need for all students
who attend school in a safe, orderly and caring environment. To promote this type of
environment, comprehensive school counseling programs include antibullying/harassment and violence-prevention programs along with comprehensive
conflict-resolution programs to foster a positive school climate.
 ASCA position—Professional school counselors promote equal opportunity and
respect for all individuals regardless of sexual orientation/gender identity.
Professional school counselors work to eliminate barriers that impede student
development and achievement and are committed to academic, personal/social and
career development of all students.
 14th Amendment to the United States Constitution--All persons born or naturalized in
the United States, and subject to the jurisdiction thereof, are citizens of the United
States and of the state wherein they reside. No state shall make or enforce any law
which shall abridge the privileges or immunities of citizens of the United States; nor
shall any state deprive any person of life, liberty, or property, without due process of
law; nor deny to any person within its jurisdiction the equal protection of the laws.
Autonomy does come in to play in this situation. The student is allowed and encouraged to
choose freely, make his own decisions, and act on his own values. The counselor is not to
problem.
Generate a potential
course of action.
impose his/her values on the student or to imply that what he is doing is morally or ethically
wrong, based on the counselor’s values. The concept of non-maleficence is also an important
part of this situation. The student does have a right to attend school without the fear of being
singled out for not conforming to the norm. The principle of do no harm applies to the
counselor not making the student feel guilty about his sexual orientation. Beneficence
reflects the counselor’s responsibility to be actively involved in the situation to do good, to
protect, and to prevent harm if possible. Since the student has been pushed around in a locker
room, something has to be done to keep him safe. I am not sure how justice is a part of this
equation. The student does not deserve special treatment because he is homosexual but does
not deserve to be treated differently because he is homosexual. Both the homosexual student
and the boys who are teasing and shoving him have expectations to attend school without
fear. Since I could possibly be counseling the homosexual student, he would expect me to
keep his confidences and place his interests as my priority. When counseling with him, I
should make him aware of the exceptions to confidentiality and encourage openness and
honesty. If he is under 18, I will communicate with him the possibility of bringing his parents
into the discussion to help him deal with his sexual orientation. They too may have a need to
discuss their son’s sexual orientation and how they can help him deal with his choice.
Mrs. Morrison, the Smyer counselor, advised me to work closely with the homosexual student
to help him better deal with the problem and suggest healthy ways to handle to the situation.
She also advised me that the actions by the boys were a discipline issue, not a counseling
issue. Mrs. Morrison said I should contact the principal and let him deal with that part of the
situation.
I believe the course of action is to work closely with the student who has offered up the fact
that he is homosexual. I believe he may need to talk about it and could possible need help in
confronting his parents if they are unaware. He will need to develop coping skills because
people may always judge him or treat him differently because of his sexual orientation. I am
not saying that his sexual orientation will always be a source of ridicule, but he will need
coping skills to deal with insensitive people. As a counselor, I need to provide opportunities
for all students to learn acceptable alternatives to treating others. It is not acceptable to tease
someone about their sexual orientation or push them because you do not approve of their
lifestyle, hair color, or clothes. Students need to be allowed to practice how to treat one
another in various situations. Respect for one another should be a goal for the student body to
learn as a whole.
As far as the boys in question, the principal should handle the discipline and hand out
punishment appropriate for their actions. They should be made aware of the fact that what
they are doing could be construed as harassment, and the consequences could have legal
implications.
 Wisconsin, 1996: Jamie Nabozny was awarded $962,000 for injuries he suffered
while at Ashland Middle School and Ashland High School. This was the first time a
federal jury found school officials responsible for anti-gay harassment committed by
students. In addition to verbally abusing him, Nabozny said other students kicked
him, urinated on him, and in one incident, pretended to rape him. One attack left him
in need of surgery.
 Illinois, 1996: the Riverside-Brookfield School District settled a lawsuit filed by the
family of a gay student who alleged that school officials did not act on his complaints
of abuse from other students.
 Washington, D.C., 1997: The U.S. Department of Education issued guidelines
spelling out that gay and lesbian students are covered by federal prohibitions against
sexual harassment.
 Arkansas, 1998: Following a complaint from a gay student who said he endured two
years of abuse from other students, the Fayetteville School District signed an
agreement with the U.S. Department of Education to hold sexual harassment
workshops for teachers and students, take disciplinary action against any student
“reported and confirmed to have engaged in sexually harassing behavior.”
Doing nothing is not an option. As a school official, I could be sued for failing to protect the
student under the theories of negligence, gross negligence, strict liability, or failure to
supervise.
 Ingraham v. Wright (1977), the U.S. Supreme Court held that students’ right to their
bodily integrity is a liberty interest that is protected by the Constitution.
Consider the potential If I work with the student on ways to deal with his choice of lifestyle, I believe I can better
consequences of all
help him deal with insensitive people that he will encounter for the rest of his life. If I do
options and determine nothing to help him, then I will have failed in my obligations as a counselor. If I ignore the
a course of action.
boys who have been teasing and shoving him, then I could be prosecuted for not protecting
him. I must hand that part of the situation over to the principal. As the counselor, I need to
provide all students opportunities to learn how to approach situations in which they feel
threatened. If I do not address that problem with the students as a whole, the situation could
possibly get worse, and someone could be seriously injured. All students need to be given
opportunities to respect one another, regardless of ones differences.
Evaluate the selected After considering the pros and cons of the situation, I feel I must offer my services to the
course of action.
student who is being bullied. I must also take steps to work with the students as a whole on
ways to treat those who are different than us. Teasing and physical contact are not acceptable
ways to react to someone we view as different or unacceptable. The world is made up of a
diverse population and so is the school setting. Learning to accept those differences without
prejudice is something we all can benefit from. I would make the principal aware of the boys
that have been picking on the student and let him assign an appropriate punishment for their
behavior. I believe I would treat any other student with the same respect and try to remedy
the situation. Every student is entitled to attend school without the threat of fear or bodily
harm. If the incident were reported to the newspaper, I would have no problem defending my
position. A person’s sexual orientation does not give another person the right to pick on
them, tease them, or do bodily harm. As a counselor and an educator, I have a duty to protect
the students in my charge. I would take the same steps again under the exact same
circumstances, offer to counsel with the young man who has come forth with the confession
of homosexuality, and turn the boys in who were mistreating him to the principal.
Implement the Course Meet with the student who presented the problem and begin counseling sessions if he is
of Action.
willing. I will give the principal an opportunity to handle the discipline of the boys
responsible for inappropriate behavior. I will implement opportunities for the student body to
grow and accept people from diverse backgrounds.
References
Dunklee, D, & Shoop, R. (2006). The principal's quick-reference guide to school law: reducing liability, litigation, and other
potential legal tangles. Thousand Oaks, California: Corwin Pr.
Stone, C. (n.d.). Case studies legal and ethical issues in working with minors in schools. Unpublished manuscript, College of
Education and Human Services, University of North Florida, Jacksonville, Florida. Retrieved from
http://www.unf.edu/coehs/lscsm/counseling/SOAR_Resources.aspx
United States government, (n.d.). The constitution of the united states, Washington, DC:
Government Printing Office. Retrieved from http://usconstitution.net/const.html