APPENDIX B: CONDUCT IN SOCIAL WORK FIELD EDUCATION Acknowledgement: Professor Lesley Cooper, Flinders University 1. 1.1 COMPETENCE AND PROFESSIONAL DEVELOPMENT Boundaries of Competence Principle: A competent professional is one who has acquired the necessary skills, abilities and knowledge in regard to the population and problems represented by the clientele with whom he or she works (Vasquez 1992:198). In general a trainee is held to the same standard of care as a qualified professional (Harrar, Vandercreek & Knapp 1990.39). The social worker should provide service, conduct research and supervise only within the boundaries of their competence, based on their education, training supervised experience or appropriate professional experience (APA 1990) Social workers who undertake student supervision have a responsibility to acquire competency in this complex and important area. Supervisors are expected to have received training in supervision or must in other ways demonstrate competence as supervisors before they can supervise others (Harrar et al 1 0:37). Supervisors should supervise only in areas in which they feel competent to provide service. Where this is not the case they should seek consultation for themselves or their students (Sherry 1991:573). A supervisor should not permit a student to engage in any practice which they cannot competently perform themselves (Harrar et al 1990:38). It is important for the supervisor to regularly assess and review his or her process and outcome effectiveness as a supervisor. At a minimum, supervisors should seek peer review and consultation as we11 as regular supervisee feedback regarding the adequacy of their supervision (Kurpius, Gibson, Lewis & Corbet 1991:55). The supervisor has both a professional and legal responsibility to be aware of the student's boundaries of competence, delegating, only those responsibilities and tasks that the student is capable of undertaking without jeopardising the welfare of the client (Harrar et al 1990:38). It is the students responsibility to be a of the limits of their competence. Where students are directed to undertake work that that they feel is beyond their competence and where supplementary assistance and direction does not reassure the student that the client is not at risk, the student has a duty to pursue the matter until satisfactorily resolved. Students must not take action with a client without the knowledge and permission of the supervisor to do so exposes the student to sole legal liability for negligence as students are covered by public liability insurance only if supervised. 1.2 Maintaining Expertise Principle: All social workers are expected to maintain a reasonable level of awareness of current professional information in their fields of activity and undertake ongoing efforts to maintain competence. 1 Supervisors are required to provide practical learning experiences appropriate to the levels of student needs. Supervisors are expected to be aware of their student's course content and to provide proper orientation, current and comprehensive knowledge of their agency's policies, procedures and practices for their students. Students are expected to be committed to the acquisition and maintenance of knowledge and expertise as a career long practice. 1.3 Accurate Representation Principle: The social worker must accurately represent their competence education training and experience to clients, the public, colleagues and students Students must fully inform their clients of their student status at first contact to enable legitimate consent for further contact. It is the supervisor's responsibility to ensure that the student is clearly and accurately representing him/herself (Stout 1987:93). Failure to do so may result in legal action alleging fraud, deceit, misrepresentation, invasion of privacy, breach of confidentiality and lack of informed consent (Oliver 1986:560). 1.4 Utilisation of Supervision in Placement Principle: Supervision is valued by the profession for its provision of support, its educative function and .for providing administrative accountability Both supervisor and student should maximise the utilisation of this opportunity by adequate preparation and by both taking an active role in the process. The supervisor is administratively and legally responsible for the actions of their supervisee -the two parties together constitute a corporate practitioner (Strein & Hershonson 1991:314-15). Supervisors have an all encompassing need to know of the actions of their student. It is essential that there be a full and free flow of information between supervisor and student Students thus have a duty to be honest and frank with their supervisor and to provide them ,with full and accurate information. Failure to keep the supervisor informed could have legal consequences for the student. There is no legal protection for the student if an error is made and the supervisor did not sanction the action. In order to be covered by public liability insurance the student must have acted within the defined scope of tasks permitted by the supervisor and the supervisor have had control over the students work (Harrar et al 1990:39). The supervisor can improve the accuracy of reporting in supervision by not relying on verbal accounts from the student. Verbal reports should be supplemented with information from a range of sources (Hassenfeld 1987:7576) 2 Prior to the beginning of Placement the supervisor must make the necessary arrangements with the agency and have clarified their decision making responsibility (Harrar et al 1990:39). 2. 2.1 INTEGRITY AND PROPRIETY Personal Values and Conduct Principle: Social workers must continually be aware of their personal values and how these values influence decision making. Where the AASW Code of Ethics cannot provide direction, one's personal and moral values provide the basis for ethical decision making. Scrutiny of the fit between personal, professional and societal ethical standards can strengthen professional competence and confidence in making ethical decisions. The social worker should maintain high standards of personal conduct in their capacity or identity as a social worker, acting with integrity and impartiality. The private conduct of a social worker is a personal matter to the same degree as any other person's except where that conduct compromises the fulfilment of professional responsibilities. Social workers must be fit and proper persons to carry out their professional duties. They should not participate in, condone or be associated with dishonesty, fraud, deceit, misrepresentation, abuse or exploitation in either their personal or lives (AP 1990; EARC 1992). It is the responsibility of the supervisor to ensure that the personal conduct of the student, both within and external to Placement, is not a threat to clients or the reputation of the agency. Where morally questionable behaviour is evident the supervisor should examine the nature and possible detrimental effects of this behaviour with the student in supervision and take appropriate action (Sherry 1991:575-76). A goal for supervisors should be to promote the personal development of students, to promote self-awareness and the ability to recognise personal issues that could negatively affect their work (Vasquez 1992:199). Students often model their ethical decision-making on the example provided by their supervisor. Field instructors, as mentors, thus carry a heavy responsibility to model ethical behaviour to students (Congress 1992:16 1) 2.2 Personal Problems and Conflicts Principle: The social worker should be alert to and resist the influences and pressures that interfere with the exercise of professional discretion and impartial judgement A professional may suffer personal problems serious enough as to impair that professional's functioning. Impairment is defined as: a) an inability or unwillingness to acquire and integrate professional standards into one's repertoire of professional behaviour 3 b) an inability to acquire professional skills and reach an accepted level of competency c) an inability to control personal stress, psychological, dysfunctional or emotional reactions that may affect professional functioning (Lamb et al, in Vasquez, 1992.200). A social worker suffering from impairment may not be in a position to effectively supervise a student. An impaired student may not be in a position where they can satisfactorily meet the professional standard of a pass grade. Where personal problems and conflicts do not constitute impairment but may impact on professional performance, both supervisors and students have a responsibility to seek assistance to minimise the impact of these problems on their work. It is suggested that students inform their supervisor of relevant factors which may impair their performance. Supervisors should regularly liaise with field staff where the student has significant personal difficulties. Assistance can be provided to students through the Health and Counselling Services at the university. Where a student feels that a supervisor is impaired they should discuss the problem with field staff as soon as it becomes an issue. 2.3 Dual Relationships and Boundary Violations Principle: In situations where there is a combining of a professional role with another role a dual relationship exists Professionals must strive to maintain clear boundaries between their professional relationships and other relationships with clients colleagues and students AL1 professionals are vulnerable to crossing these boundaries and thereby compromising the integrity and objectivity of the professional relationship. In theory. dual or multiple relationships should be avoided where possible as they represent a conflict of interest and are potentially exploitative of the less powerful member (Pope in Corey, Corey & Callanan 1988:214). In reality, however, dual relationships are almost impossible to eliminate. The ambiguity, contradiction and complexity of relationships cannot be oversimplified by a total prohibition. Some dual relationships warrant prohibition, however a total prohibition on all dual relationships would in some instances itself be unethical (Ryder & Hepworth 1990: 129. Serious violations of the professional relationship, could constitute grounds for malpractice where the client or student has suffered as a result. Dual relationships which have a high probability of leading to harm and therefore must be avoided are those that have: 1. 2. 3. 4. highly incompatible expectations highly divergent obligations disparities of power and prestige a high risk of harm (Kitchener, 1988 in Vasquez 1991:201). 4 As a general guide social workers should refrain from entering into, or promising another personal, professional, financial or other relationship if such a relationship: is likely to impair their objectivity might interfere with the effective performance of their professional functions might exploit the other party might compromise the reputation of the agency. Where a dual relationship is unavoidable it would be ethical to minimise the imbalance of power where possible (Ryder & Hepworth, 1990:130) and to clarify mutual expectations. When a professional relationship has been compromised by another relationship the professional relationship should be terminated. Some boundary violations and dual relationships relevant to field Placement are detailed below: Sexual relationships with clients Principle: Under no circumstances is it ethical to engage in either overt or covert sexual intimacies with current clients. It is also unethical to accept as a client, a person with whom the social worker has previously engaged in sexual intimacies . Post-termination sexual relationships are almost always unethical, regardless of the time that has elapsed - a subsequent equal relationship may be an impossibility (Quadrio 1992:359). Clients who have had sexual relationships with their professional helper experience profound mistrust. anger, problems with self identity and self esteem, and symptoms of post traumatic stress (Kagle & Giebelhausen 1994:213; Markowitz 1992.28). The dynamics and effects of such relationships are akin to those of incest and other forms of violence (Quadrio 1992:350). Covert sexual communication is just as serious, the boundary violation being as damaging as the sex itself (Markowitz 1992:30). A client cannot legitimately give consent a sexual encounter with a professional. Consent is simply not valid in such situations any more than it is in incest. There can be no consent that legitimises a clearly exploitative act (Pope, in Quadrio 1992:355). Consent is no legal defence either. Professionals may be liable for both criminal and civil actions in such situations (Wilson & Hume 1993:329). Where sexual advances are made by the client it is the responsibility of the professional to resist those advances. When this occurs, it is not sexual intimacy that the client wants, but connectedness and validation based on trust and safety. Sexual intimacy violates this trust (Markowitz 1992:30). Sexual relationships between students and supervisors Principle: The supervisor-student relationship has similarities to the professional-client relationship. The marked power imbalance and the compromise of the supervisor's objectivity in assessment of the student makes any sexualisation of this relationship whether overt or covert, unethical. Due to their vulnerability and lesser awareness of 5 ethical conduct students are not in a position to legitimately consent to sexual contact with their supervisor (Sherry 1991:581; Vasquez 1991.201). The supervisor has a greater responsibility than the student to ensure that sexual feelings and behaviour do not contaminate the supervisory relationship. The student also has some responsibility to ensure sexual relationships do not contaminate the validity of their assessment. Where feelings of sexual attraction develop both student and supervisor have individual responsibility to analyse whether these feelings are impacting on their professional position, to consider whether these feelings should be declared and to terminate the supervisory relationship when it is not possible to eliminate this conflict of interest. Contaminating supervision with therapy Principle: Therapy and supervision are incompatible relationships, the former requiring a warm, empathic and supportive relationship, the latter a critical evaluation of the student's performance. It is unethical to combine the two. The nature of the supervisory relationship creates potential for role confusion. Its goals of learning and development exist in a context of multiple roles and a differential of power. There is always the danger of inadvertently shifting from educational to therapeutic goals. When personal problems and conflicts arise during the performance of a student's work they should be explored and clarified in supervision but should be limited to this level of exploration. To proceed to analysing what caused these problems, identifying goals for change and developing methods to achieve these goals constitutes a therapeutic process and is a conflictual dual relationship with supervision. Where it is deemed necessary for the student to undertake therapy for satisfactory professional development, a referral should be undertaken vMh a suitable professional (Kurpius et al 199L.49-52; Whiston & Emerson 1989: 320-22; Burns & Holloway 1989:47-49). 2.4 Barter and Gifts Principle: Social workers should in general refrain from accepting goods services and monetary remuneration in addition to the financial cost of service because such arrangements can create inherent potential for conflicts of interest, exploitation and distortion of the professional relationship. This applies to relationships with clients, colleagues, supervisors and students. The giving and receiving of gifts has cultural and therapeutic significance in any helping relationship, being a powerful means of adding warmth to an impersonal and formal relationship, of 'cancelling the debt' and thereby restoring the power balance between helper and helpee. However the practice can also compromise the objectivity of the professional relationship, impairing or appearing to impair, professional judgment, thereby allowing the 6 gift giver to obtain, or expect to obtain, a special advantage from the professional (Eastmond & Jones 1993.45). The giving or receiving of gifts or barter for services may also compromise the reputation of the agency. Acceptance of a gift is permissible only if. the gift is of token value there is no explicit or implicit expectation by the gift giver of a resultant advantage acceptance of the gift is not exploitative of the less powerful party to refuse would offend or disempower the client receipt of the gift would not compromise, or be seen to compromise, the agency in any way Students must in every instance inform their supervisors of offers of gifts. Where the gift is of greater than token value it should be sensitively refused or the agency's management informed for response. 2.5 Documentation of Work Recording Principle: Social workers must appropriately and accurately document their work in order to facilitate the provision of subsequent services by professionals, to ensure accountability and to meet requirements of the law and the employing organisation (APA 1990). Records should be written as if they may be seen by the client or become public. Facts should be clearly differentiated from opinion, an assessment and any advice given must be clearly documented with a stated rationale. Confidentiality of records must be maintained in accordance with the law and agency policy in the creation, storage, access, transference and disposal of client and agency information. Credit for authorship and plagiarism Principle: Social workers will take responsibility and credit only for work they have actually performed or to which they have contributed It is unethical to present substantial portions of another's work as one's own, even if the other worker is cited occasionally (APA 1990). Students on Placement should be given credit for major or minor authorship of work. 7 3. 3.1 RESPECT AND CONCERN FOR THE DIGNITY, RIGHTS AND WELFARE OF OTHERS Respecting Others Principle: Social workers demonstrate by their conduct respect for the rights of individuals to autonomy self-determination, justice privacy and confidentiality. Social workers are mindful of cultural, individual, role and status differences including those due to age gender race ethnicity religion, sexual orientation, disability language and socio-economic status Social workers are committed to being vigilant in self-awareness of their own biases and endeavour to eliminate the effects of bias based on the above factors upon their work. Social workers always seek to contribute to the welfare of those with whom they interact professionally respecting the autonomy of clients and endeavouring in their intervention to maximise client empowerment. Practices of paternalism, manipulation and coercion are acknowledged as disempowering and are used only when other options are unavailable to assist the client Students, as adult learners should be treated as autonomous agents, possessing the right of self determination and freedom of choice in learning. This autonomy is not absolute, being balanced with the need for the supervisor to ensure that no harm comes to the client as a result of the student's experimentation. Students can decide what is good for them to learn; they must also be directly involved in the learning process. Authoritarian and paternalistic attitudes by supervisors do not demonstrate respect for learners (Connelly & Light 1991:236-37). 3. 2 Recognition of Difference Principle: Social workers must not engage in practices that discriminate against others based on age, gender race. ethnicity, religion. sexual orientation, disability, socio-economic or other status Social workers must be aware of their own biases when working with members of oppressed groups (Vasquez 1992:198) and cognisant of the dynamics of power in relationships. Multi-source, multi-level and multi-method approaches should be used to assess the capabilities, potentials and limitations of clients (Ibrahim & Arredondo 1986.250). Social workers respect diversity within the profession, recognising the many ways that expertise can be gained, not just through the channels of formal education (Connelly & Light 1991:237). Both students and supervisors need to be tolerant of the different backgrounds, perspectives and points of view of the other. A competent supervisor demonstrates knowledge of difference and understands the importance of these characteristics in supervisory relationships. They are aware of the way that subtle and unconscious beliefs may intrude on the supervisory relationship. Supervisors should take responsibility for safeguarding pluralistic attitudes, modelling respect for differences in values, perspectives and experiences. Supervision should provide an atmosphere in which the development of empathy for the experience of oppression can be promoted (Kurpius et al 1991:53-54). At the 8 outset, supervision norms should be set for the examination of the impact of the above factors on the supervisory process (Sherry 1991:574). Students should examine how the above factors in their own lives influence their professional philosophies and challenge themselves during Placement to recognise the personal limits these factors impose on their practice (Ibrahim Arredondo 1986:350). 3.3 Exploitation Principle: Social workers must not exploit relationships with clients, colleagues or students primarily for their own gain or to get their own needs met at the expense of others. 7he imbalance of power in relationships between professional and client and between supervisor and student makes these relationships vulnerable to exploitation by the more powerful party. Sexual relationships between supervisors and students are exploitative because the student is in a position of diminished consent (see Dual Relationships). Role reversal in the supervisory relationship is exploitative of the student and harmful to the student's professional development, robbing the student of the freedom to learn and the right to guidance (Kaiser 1992:290). Creation of dependency in the student in order to meet the emotional needs of the supervisor is exploitative of the student's reliance on the supervisor. It is the supervisor's responsibility to assist the student towards professional competence and independence. Students should extend their level of competence in Placement. Requiring or expecting students to perform tasks that they am already competent to do without compensation for their time and effort is exploitative (Sherry 1991:580) 3.4 Sexual and Other Harassment Principle: Social workers must not knowingly engage in behaviour that is harassing or demeaning to persons with whom they interact in their work. Social workers must not engage in sexual or other harassment of clients, colleagues or students. Harassment is sexual solicitation, physical advances or verbal or non-verbal conduct that is: • unwelcome, offensive or creates a hostile work environment, or • is sufficiently severe or intense to be abusive to a reasonable person. 9 Sexual harassment may constitute grounds for criminal assault as well as be a breach of the disciplinary code of the organisation (see also Exploitation, Dual Relationships and Non-discrimination). The vulnerability of complainants in subordinate positions to the offender must be recognised. Where students suffer sexual or other harassment they should discuss the matter immediately with their field education coordinator. Students will be protected from sexual and other harassment by field education staff. Every effort will be made to ensure that students are placed in a safe environment. 3.5 Avoiding Harm Principle: Social workers must take due care and act in good faith m the exercise of their duties. Social workers must take reasonable steps to avoid harming their clients, students and others with whom they work and to minimise harm where it is foreseeable and unavoidable. A practitioner is required to perform in a manner consistent with the way an ordinary, reasonable and prudent professional would act under the same or similar circumstances (Reamer 1989:445). Failure to do so may result in legal liability for a civil claim should the client suffer harm that was reasonably foreseeable. Clients have a right to expect the same standard of care from a student as from an experienced professional (Zakutansky & Sirles 1993:339). With the trainee professional role comes the responsibility to uphold the same legal, professional and ethical standards as other practicing social workers. Students must be aware of the limits of their knowledge and competence, exercise due care at all times, act only under direction and always seek help when needed. Supervisors assume responsibility for ensuring the competent practice of their students and the protection of the client from harm. The legal doctrine of 'respondeat superior' or 'vicarious liability'. places responsibility for the actions of supervisees conducted during the course of their Placement with the supervisor (Reamer 1989:445). This doctrine does not release students from liability but spreads the responsibility to the supervisor, provided the student was acting under the control of the supervisor and the student was engaged in serving the client (Zakutansky & Sirles 1993:340). Where a client suffers harm as a result of the actions or inactions of a professional, the civil or criminal legal liability which may result for both supervisor and student may include: the improper death of a client or other person failure to exercise reasonable care in cases of client suicide failure to warn and protect others from a violent client abandonment of a client striking or physically assaulting a client sexual involvement with a client illegal search failure to respect the client's dignity and privacy 10 failure to obtain client consent failure to keep adequate records breach of contract exertion of unnecessary treatment influence on a client improper diagnosis and utilisation of assessment techniques provision of poor advice failure to determine that a specialist is required / failure to consult / failure to refer when a clients needs are beyond the worker's level of competence misrepresentation of professional training and skills failure to exercise adequate supervision, failure to provide adequate information necessary for supervisees to obtain client consent, failure to review and approve the supervisee's actions, failure to detect and stop a negligent treatment plan, failure to meet regularly with the supervisee, failure to provide adequate coverage in the supervisee's absence (Reamer 1989:44-46; Corey 1988:231). Supervisors also have responsibility for ensuring that Placement is a physically and emotionally safe experience for students and that students are protected from harm. Students are protected by Occupational Health and Safety legislation whilst on Placement. They must never be placed in situations of risk to their physical or emotional well-being. A responsible supervisor will ensure that these standards are met as a minimum and that extra consideration of risk to the student be made due to their reduced capacity for self protection. 4. PROFESSIONAL RESPONSIBILITIES Principle: The welfare of clients, the public, students and the integrity of the profession shall, in general take precedence over social workers' self interest and over the interests of the social worker's employer and colleagues (APS 1986). 4.1 Responsibilities to Clients Primacy of client interests Principle: The social worker's primary responsibility is to the client. Social workers should serve clients with loyalty devotion determination and the maximum application of professional skill and competence (NASW 1986). In all aspects of the social work process, including allocation, assessment, intervention and termination, clients interests shal1 be the primary consideration. Where a social worker has multiple clients they must endeavour to ensure that improvement in the status of one client does not occur at the expense of another (Margolin 1982:789). The professional relationship is fiduciary in nature - trust is placed in the professional to act in the best interests of the client, using professional knowledge and expertise. The recognition of the superior knowledge of the professional imposes special obligations upon the professional (Zakutansky 1993:339). Supervisors have a legal duty to thoroughly investigate any suggestions of harm to a client. Students must take action to protect a client if at any time they feel that a client is not receiving adequate care (Harrar et al 1990:40). 11 Professional involvement will be terminated when no longer needed by the client. A professional relationship will not be maintained solely for the purpose of student learning (Minnes 1987:288). Informed consent Principle: Clients have a basic right to make choices regarding their lives and a right to be provided with sufficient information to enable a legitimate choice. Social workers must be open, transparent and truthful in their interactions with clients. Social workers make every attempt to foster the maximum autonomy of clients. Wherever possible clients should be empowered to make their own decisions. Deprivation of liberty and choice, coercion, manipulation paternalism are practices avoided by the ethical social worker and will be exercised only when the client requires protection and this cannot be achieved by other means. Social workers should provide clients with accurate and complete information regarding the extent and nature of services available to them at, or before, the time that a professional relationship is entered into. Clients should be given an explanation of: the role of the professional and their qualifications the purposes, goals, techniques and rules of procedure the negotiables and non-negotiables discomforts or risks to be expected respective obligations and responsibilities benefits to be expected from intervention or treatment limitations of, and alternatives, to service/treatment/intervention the right to ask questions at any time the right to withdraw consent and discontinue participation at any time (Margolin 1982:794). For consent to be valid six standards must be met: 1. 2. 3. 4. 5. 6. an absence of coercion and undue influence the client is capable of providing consent clients must consent to specific procedures the forms of consent must be valid the client has the right to refuse, or to withdraw consent at any time client decisions are based upon adequate information (Reamer 1987.426). Informed consent is legally required before a professional can proceed with intervention or treatment. Failure to adequately obtain consent may be legal grounds for assault and battery. Exceptions to the rule are under emergency circumstances, with children and those who are not competent to make an informed decision. In such circumstances it is advisable to consult with others who can advocate for the interests of the disempowered client (Bray, Shepherd & Hays 1985:54-56). Privacy and confidentiality Principle: 12 The right to privacy is the right of individuals to choose what others may know about them and under what circumstances. Confidentiality is the right to privacy in the context of professional relationships. Social Workers have a strong legal and moral duty to respect the client's right to control the collection of personal information and access to it. Confidentiality is not an absolute concept. The protective privilege of the principle of confidentiality ends where the public peril begins (Kopels & Kagle 1993:103). Dilemmas we created when other duties impinge on the protection of client confidentiality. Conditions for the release of confidential information are: •when the unit of the information consents to its release, either explicitly or implicitly •when it is believed on reasonable grounds that release is necessary to prevent or lessen a serious and imminent threat to the life or health of the unit or of some other person •when required by, or under law (SA Government Privacy Principles Instruction 1992). Clients must be informed of both the importance of confidentiality and its limits. In the field Placement situation clients must also be made aware of the non-dyadic nature of the relationship between the student and the client, being informed of the existence and role of the supervisor (Hassenfeld 1987:77). Confidentiality in the work environment must be fostered. Confidential matters should not be discussed where others may overhear. Breaches of confidence must be directly confronted by colleagues. Students will exercise due care in safeguarding the confidentiality of agency and case information as it is transferred from agency setting to practice classroom or integrative field seminar (Alperin 1989:99). 4.2 Responsibilities to Society Taking action against the unethical conduct of colleagues Principle: Social workers have a duty to act in the public interest and to protect the public from foreseeable harm. This entails where necessary taking action against the wrong-doings of colleagues. To overlook or justify the unethical behaviour of colleagues is to breach public trust and confidence that the profession will, in exchange for the granting of professional status, regulate the conduct of its members. It is a professional responsibility of each individual to confront incompetence, unprofessional conduct and unethical activities by colleagues (Reamer 1992:168). Professionals, including social workers, have demonstrated reluctance to report incompetent, impaired or unethical colleagues. Impaired professionals also have a low incidence of help seeking behaviour (Reamer 1992:167). Studies have suggested that the prevalence of unethical conduct by professionals does not appear to have altered over the past 20 years (Wilson & Hume 1993:329) and that neither improved training, licensing, personal therapy or supervision guarantee against such conduct (Quadrio 1992:349). 13 Unethical conduct may include impair negligent or exploitative behaviour against a client, employer, colleague or student, or by agency against certain groups in the community (Loewenberg 1987). There are several possible strategies for confronting incompetent or unethical conduct, including discussion with the colleague concerned, reporting the matter to a superior of the organisation or to the professional body or, as an avenue of last resort, 'whistleblowing'. All options have some risk of serious and unjustified repercussions on both the complainant and the accused. Students on Placement, whilst being in a position to witness or become aware of unethical practices are in a highly vulnerable position should they confront such practice. (Reamer 1992 in Gambrill: ). They must discuss their concerns in the first instance with Field Education staff. Gatekeeping unsuitable students from entering the profession Principle: The social work profession has a responsibility to maintain high standards of competence of its members and to ensure that only those suited to the profession are accepted into it. Social work educators and field supervisors are the first line gatekeepers to the profession and are held responsible for graduating professionals who are academically, behaviourally and ethically suited to practice as social workers (Cole & Lewis 1993:150). This gatekeeping process is an ongoing one, beginning with effective screening, providing responsible education and guarding entry to the profession by not passing students who do not meet minimum standards. Social work. faculty staff have a responsibility to assess prior to Placement whether students are ready for field education. Where students are immature, have personal issues to resolve. have not. adequately internalised what social work is, or cannot articulate goals or skills to be developed field Placement should be postponed. Field education staff can then allow additional time for the student to develop maturity and skills by developing specific goals with the student (Moore & Urwin 1991:13). It may not be possible to detect difficulties prior to the Placement, as they may not become evident until the student undertakes the field practicum (Peterman & Blake 1986:3 1). Students that at the end of Placement: demonstrate values inconsonant with the profession display inappropriate motives for entering the profession have an inadequate understanding of the complexities of the knowledge base have demonstrated an inability to relate to clients, or have demonstrated behaviours that can be detrimental to clients should not be given a pass grade. These deficiencies can be recognised through poor grades, incongruent affect, poor communication skills and poor field performance (Moore & Urwin 1991:13; Peterman & Blake 1986:30). 14 4.3 Responsibilities to Colleagues Principle: Social workers should treat colleagues with respect, courtesy, fairness and good faith This respect should extend to colleagues in other agencies and professions. Social workers will behave with honesty, impartiality and efficiency in their dealings with colleagues. A social worker should respect the views and performance of colleagues and we appropriate channels to express judgements on such matters. Social workers will cooperate with colleagues to promote professional interests and concerns. It is unethical to exploit a dispute between a colleague and employer to advance one's own interest. Student social workers will ensure that they respect the privacy of colleagues and keep confidentiality in matters of a personal nature. Students who take over work from a colleague should act with consideration for the interest, character and reputation of that colleague (NASW Code of Ethics) 4.4 Responsibilities to Students Principle: Student supervision should be imbued with the values of the profession, providing a model of the helping relationship. Supervision is not a technical enterprise requiring action based solely on the best course of action but on the right one. Fairness and concern for the student's welfare should take priority over considerations of practicality, efficiency and system maintenance (Levy in Cohen 1987:194). Supervisors are required to balance the student's need for adequate learning applications with the welfare of the clients who are essential to the learning process (Hassenfeld 1987:73). The supervisor has an ethical obligation to structure, and maintain a relationship that demonstrates ethically appropriate behaviour, to refrain from taking advantage of the difference in power and to implement the functions of supervision conscientiously and responsibly (Kadushin 1992:498; Upchurch 1985). Matching Principle: Student and supervisor should, wherever possible, be matched for skill and learning needs by field education staff. Both student and supervisor should have opportunity prior to the making of an agreement to make a judgement as to whether a productive relationship can be formed. Either party should be able to declare the relationship unsuccessful if necessary, without punitive consequences (Cohen 1987:194; Sherry 1991:570). 15 Contracting Principle: The development of the fieldwork agreement should be a mutual process between the supervisor and the student, with input where necessary by the field education coordinator. The particular needs, rights, responsibilities and expectations of each party must be recognised and acknowledged in the agreement (Gelman; & Wardell 1990. 72). Both processes and expected outcomes of Placement must be clearly documented. Mechanisms for periodic review, consequences for failure to fulfil the terms of the agreement and means of resolving disagreement should be clearly specified (Cohen 1987.195; Sherry 1991:572). A major function of the learning contract: is to protect the rights of the student as the less powerful party. Expectations and arrangements for working together must be made explicit from the outset. When expectations and learning criteria are not specified at the beginning of the relationship, the student is left unprotected (Sherry 1991:572, Cohen 1987:195). Supervision: structure and process Principle: The quality of the supervisory relationship is of critical importance, as what transpires in this relationship may be replicated between the student and the client. The relationship itself should receive the same amount of attention as other aspects of the supervisory experience (Kaiser 1992:284). Both supervisor and student should be mindful of the dynamics of an unequal power relationship. It is the supervisor's responsibility to structure and maintain a relationship of respect, fairness and safety and to maintain safe boundaries (Kaiser 1992:285-86). Clear and open communication is vitally important. The opportunity to grapple actively with ideas and concepts in a supervisory climate which permits the airing of differences is essential for both student practice and 1earning. The generation of genuine feedback from supervisees requires both an environment which encourages it and a formal procedure which structures it (Cohen 1987:195). Non-empathic responses by supervisors to student expression of differences is associated with negative effects on student practice and learning (Raphael and Rosenblum 1989:110, 115). Difficulties due to the situation or context should not be ascribed inappropriately to deficiencies in the students personality (Jacobs 1991:132). Feelings generated within the supervisory relationship should be explored. Transference and counter-transference reactions which can interfere with, the effectiveness of supervision should be acknowledged and examined (Jacobs 1991:3I). Students should monitor their own feelings in reaction to the supervisory experience. When feelings of discomfort, confusion, of being blamed, exploited or abused emerge, the student should discuss their concerns initially with their field education coordinator. Students are unlikely to be able to protest to their supervisor in such a situation due to their power disadvantage (Jacobs 1991:130-34). Supervisors must assure the optimal fit between a job assignment and a student's abilities, provide the necessary information and resources to get the job done, attend to the fit between aspirations and opportunities and clarify expectations and criteria for evaluation (Levy in Cohen 1987:194). Students 16 should not be used primarily to provide a service (Hassenfield 1987:75). Assigned workloads should be lighter than that of an employed social worker. Supervisors should supervise within a pluralistic and non-intrusive value base modelling respect for both their own and their student's and experience. Supervisors should present varied theoretical positions so that students are able to make comparisons and have the opportunity to select a position. The supervisor should provide useful theory-based conceptual frameworks, teach practical skills and encourage students to experiment with novel strategies (Kurpius et al 1991: 54). Evaluation of performance Principle: Assessment of a student's performance is both a process and an outcome. Students should receive regular and timely feedback that is specific, constructive and corrective in nature (Ellison 1994). As adult learners students should have input into assessment processes (Connelly & Light 1991:236). Supervisors should use multiple sources of evidence in assessment of student performance, not being solely reliant on the student's account. Evaluation criteria should be specified at the beginning of the supervisory relationship (Sherry 1991:572). Supervisors demonstrate in their evaluation their commitment to a fair, though not necessarily popular, outcome (Cohen 1987:195). 4.5 Responsibilities to the Employing Organisation Principle: The social worker must, when acting as an agent of their employer, devote themselves to the effective and efficient achievement of the agency's goals and objectives, act in accordance with agency policy and procedure and comply with all lawful and reasonable directions given by those in authority. Students, as volunteer members of the agency in which they are placed are fully bound by these requirements. Social workers must at all times behave in a manner that maintains or enhances the reputation of the agency. In all dealings with the public or fellow employees the social worker should exercise courtesy, consideration and sensitivity and act in a fair and equitable manner. The social worker, whilst being, responsible in adherence to this commitment, should also work to improve the agency's policies and procedures and the effectiveness and efficiency of its services. Students are on Placement to perform a service as well as to learn. Agencies can expect to gain productive work time from students to compensate for time lost to the student's supervision. Social workers should conform to the standards of dress and personal presentation expected by the agency. Students should take the lead from the general standards of personal presentation of their agency colleagues in this regard, or consult their supervisor if in doubt. 17 Students will use the resources of the agency with scrupulous regard and only for the purpose for which they are intended. Waste and extravagance will be avoided at all times. Work time and use of leave provisions and agency equipment will be stated honestly and accurately. Students should not consume alcohol or non-medicinal drugs when on duty. Students must ensure that in their private activities they avoid any conduct or action which is likely to bring the agency into disrepute. Personal relationships both inside and outside of the work setting must not be allowed to adversely affect work performance of the student or that of other agency employees. Where a personal issue may compromise their performance, students must inform their supervisor so a resolution can be sought. Students are in a valuable position as informed newcomers to the agency to contribute to the improvement of agency policies and procedures. The supervisor has a responsibility to have in place in their agency clear policies for student Placement, detailing administrative accountability of both student and supervisor (Oliver 1986). 4.6 Responsibilities to Self Awareness of professional hazards Principle: Social workers must continually work to recognise their own limits and the limits and hazards of their work role, their agency setting and their profession taking action to avoid or ameliorate these hazards where possible. Social work as a profession carries the burden of often impossible expectations and unrealistic goals. The occupational hazards of the social work profession and its role expectations result in stress for its members. If ignored these hazards will impair performance and can lead to burnout. The ethical practitioner strives for a clear awareness of self and takes responsibility for recognising when stressors are impacting negatively on their personal and professional lives. The self aware professional is mindful of the knowledge that self blame is a hallmark of any victimisation experience and a major obstacle to the self identification and disclosure of abusive situations (Jacobs 1991:133). Students need to self-monitor their feelings in reaction to all aspects of the supervision experience (Jacobs 1991:134). The best prevention for unethical practice is an emotionally and physically healthy professional with consistent personal and professional values and supportive work environments that maximise the productivity of staff. Taking action to care for self Principle: Awareness of the hazards of the profession alone is insufficient social work practitioners must take responsibility for developing and adhering to a personal care plan for the duration of their careers. 18 Both personal and workplace strategies are necessary to deal with occupational stress. Students should establish this practice in Placement Students need to develop the ability to self-monitor their responses and functioning, take care of their own needs for nurturing, sustenance and recognition and ensure that their personal and professional lives are in balance (Corey et al 1988:60). Social workers must be able to differentiate individual from systemic, organisational, and political issues and take action accordingly. 5. 5.1 RESOLVING ETHICAL ISSUES Familiarity with Legal and Moral Codes of Behaviour Principle: Social workers have a duty to be familiar with the requirements of the law and relevant Codes of Ethics and Conduct applicable to their work. Lack of awareness or misunderstanding of a legal or ethical standard is not a defence to unethical conduct 5.2 Confronting Ethical Issues Principle: When faced with an ethical conflict social workers must clarify the nature of the conflict, make known their commitment to an ethical resolution of the issue and seek to resolve the conflict in a way that permits the fullest commitment to the law and the values of the profession. When faced with an ethical dilemma in a situation or course of action and uncertain how to proceed social workers should consult with a supervisor in the first instance to enable an informed and considered response. Colleagues or other appropriate persons may also provide valuable guidance and advice. 5-3 Resolving Ethical Dilemmas Principle: Social workers will, when faced with an ethical dilemma, seek to resolve the dilemma with due care and consideration for the potential harm that may be caused to others in the process. Supervisors have a responsibility to assist students in the resolution of ethical problems. Supervisors must provide experiences for students that will promote increased understanding of the rationale for decisions rather than simple rule following (Vasquez 1992:197). A Tool to Assist Ethical Decision Making The following framework is suggested as a guide to reaching maximally ethical decisions and outcomes in circumstances where the above standards do not give guidance: Assessment What are the aims and goals? Clarify the problem: collect the facts, consider all factors. What are the crucial facts? What is the organisational context? What are the main features of the present situation? Identify rules and principles. Identify any rules or governing principles that exist. Review entire range of applicable principles, identify which moral principles are at issue, identify to whom they are applicable. 19 What are the rules? Who makes the rules? With whom does the 'buck stop'? Who is responsible and accountable to whom? Who are relatively more and less powerful? What is the client's view? What are the views of colleagues? What is your role? Who has the power? Is the client primary? Examine both (or all) sides, articulate differences and similarities, identify areas of agreement, disagreement and irrelevancy. Generate possible and probable courses of action. Consider various hypothetical outcomes on both a thinking and feeling level. Assess risks and consequences of each course of action (immediate, short, medium and long term). Who is likely to benefit or suffer? Order priorities. What considerations and values are sufficiently compelling to supersede others? Give higher priority to interventions with maximum ethical and practical relevance. Explore your personal motivation for action. Planning What ends or objectives are desirable? What is possible? What contingencies must be taken into account? What are ethically appropriate means to reach the goal? Elect the best (or least detrimental) course of action. Implementation Commit to decisive, responsible action. Act: begin, continue and finish the process. Have strength of conviction; obtain support if required. Assess costs and benefits of action What provisions and precautions are required to cope with the consequences of action? Monitor success and failure in the process. Evaluation Evaluate process. Review pros and cons for action taken. Have you used the 'right' means? Justify actual outcomes. Is there a reasonable ethical justification for action taken? Is the end a 'good' one? Accept and assume responsibility for the consequences of the chosen action Learn. De-brief, solicit feedback, review learning. 20 REFERENCES Australian Association of Social Workers (1994) Code of Ethics, AASW, Canberra. Australian Psychological Society (1986) Code of Professional Conduct. Alperin, D.E. 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