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Journal of HumaNisTic cOuNsELiNG ◆ July 2016 ◆ Volume
55 99
© 2016 by the American Counseling Association. All rights
reserved.
Received 06/22/15
Revised 11/18/15
Accepted 11/23/15
DOI: 10.1002/johc.12027
Authenticity in
Ethical Decision Making:
Reflections for Professional Counselors
Christin M. Jungers and Jocelyn Gregoire
◆ ◆ ◆
Ethical competence, maturity, and autonomy are foundations of
good counseling; however,
ethical autonomy can be eroded by a risk-management approach
to ethics that tends to con-
strict counselors’ creative responses to dilemmas. This article
offers reflections on the notion
of authenticity as described by existentialist philosophers Søren
Kierkegaard and Martin
Heidegger, as a means by which to balance risk-management
and reductionist perspectives
on ethics and to foster ethical autonomy. Applications of
authenticity to counselors’ ap-
proach to ethics are suggested, as are limitations of this concept
as a stand-alone framework
for decision making.
Keywords: ethics, decision making, authenticity, autonomy
◆ ◆ ◆
Ethical maturity, ethical autonomy, and ethical competence are
bedrocks of
good counseling and enable professional helpers to act
benevolently toward
clients (Ivey, Ivey, & Zalaquett, 2014). The counseling
profession offers
clinicians a number of means by which to shape their
professional ethical
selves. Primary among these is the ACA Code of Ethics
(American Counseling
Association [ACA], 2014) and the codes of the parent
association’s divisions
and sister organizations, such as the American School
Counselor Association
and the American Association of Marriage and Family
Therapists. These
codes are an invaluable and foundational tool for ethical
decision making,
because they represent current thought about evolving issues
(Kaplan et al.,
2009). In addition to the codes, ethical principles such as
nonmaleficence,
beneficence, autonomy, fidelity, and justice are often a point of
reflection
when clinicians are trying to reason through a clinical dilemma
(Beauchamp
& Childress, 1979; Kitchener, 1984; Urofsky, Engles, &
Engebretson, 2008).
Pragmatism and experience likewise have inspired counselors to
generate
decision-making models that can be applied to ethical issues
(e.g., Corey,
Christin M. Jungers, Clinical Mental Health Counseling
Department, Franciscan University of Steu-
benville; Jocelyn Gregoire, Department of Counseling,
Psychology, and Special Education, Duquesne
University. Correspondence concerning this article should be
addressed to Christin M. Jungers, Clini-
cal Mental Health Counseling Department, Franciscan
University of Steubenville, 1235 University
Boulevard, Steubenville, OH 43952 (e-mail: [email protected]).
100 Journal of HumaNisTic cOuNsELiNG ◆July 2016 ◆
Volume 55
Corey, & Callanan, 2011; M. Hill, Glaser, & Harden, 1995;
Rest, 1984; Sileo
& Kopala, 1993; Steinman, Richardson, & McEnroe, 1998;
Tarvydas, 1998;
Tymchuk, 1986; Welfel, 2010). Decision-making models
provide clinicians
with steps for reflection and suggestions for consultative
actions before
they settle on a decision about an ethical dilemma. Finally,
professional
wisdom from those who have researched or resolved problems
in the field
is accessible in the counseling literature and can be reviewed
when one
is in need of counsel. For example, Pope and Keith-Spiegel
(2008) recom-
mended a set of helpful tips for addressing boundary dilemmas,
although
their insights easily can be applied to other ethical issues.
While acknowledging the value and necessity of the
aforementioned
resources for building ethical competence, we believe there is
room for
further conversation about how to foster ethical maturity and
autonomy in
the counseling field. The study of ethics in counselor education
programs
and the practice of working through ethical dilemmas,
especially early in
one’s career, sometimes can be experienced as an exercise in
learning one’s
ethical obligations and making sure one knows what not to do to
protect
one’s license or avoid a lawsuit. It is our opinion that the
understanding
and implementation of ethics in counseling has the distinct
possibility of
being limited by a reductive, risk-management approach to
decision making.
This is evidenced, in part, by literature that highlights the
liability aspect
of ethical decision making across the helping professions (e.g.,
Hermann
& Herlihy, 2006; Hoffman & Kress, 2010; Magnuson, Norem, &
Wilcoxon,
2000; Nolan & Moncure, 2012; Reamer, 2013; Sanders, 2006).
There are
problems with this approach to learning and practicing ethics.
First, it
tends neither to expand perspectives on what is good and right
or bad and
wrong, nor to fully appreciate the complexity of the human
condition and
the therapeutic relationship. Second, it does not encourage
professionals to
examine a range of possible behaviors that can be enacted with
the good
of the client in mind (Lazarus, 1994). Third, it can foster habits
by which
counselors relinquish their interested and passionate
involvement in the
process of making ethical decisions.
In an article that set out to define a humanities vision for the
counseling
field, Hansen (2012) proposed that the profession has been so
influenced by
a reductive, scientific ideology that counselors are trained to
oversimplify
the human experience and disregard a variety of perspectives on
clini-
cal issues in favor of the scientific view. Referring to the role
of scientific
ideology in the counseling profession, Lemberger (2012)
similarly noted
that, “[m]any counseling researchers and practitioners have
embraced a
system that compels these professionals to take a reductionistic
stance in
their scholarly and therapeutic work” (p. 166). The danger of
this trend is
that creativity, innovation, and the ability to be critical as a
professional
counselor can be lost (Hansen, 2012). We believe that what
Hansen (2006,
2012) observed generally about counseling’s emphasis toward
simplification
and quest for a single truth (as exemplified in evidence-based
treatment
Journal of HumaNisTic cOuNsELiNG ◆ July 2016 ◆ Volume
55 101
and best practice movements) is also at least partially true for
the approach
to and application of ethics. Notably, Cottone (2014) recently
questioned
whether counselors are even permitted to act autonomously in
light of an
ever more prescriptive ACA Code of Ethics (ACA, 2014). He
stated,
On the issue of constraint, the counseling profession has limited
the rights of counselors
to morally object to certain actions defined within the
counseling scope of practice,
thereby nullifying the autonomy of practicing professionals. For
example, if an ethics
code prevents a counselor from conscientious objection
regarding judgments about
which clients may be served, it challenges the counselor ’s right
to make decisions
free of the shackles of professional imposition. (p. 243)
The sword of Damocles metaphorically hangs over counselors’
heads
when they are faced with ethical quandaries, and the safest,
surest way
out from under this perilous spot is to consult and ultimately
abide by a
single truth: the ACA Code of Ethics (ACA, 2014). Our purpose
in critiquing
the reductive, risk-management approach to ethics and the
“single truth”
as embodied by the ACA Code of Ethics is not to suggest that
either this
approach to decision making or the ACA Code of Ethics itself
are not useful;
both, in fact, are necessary, as they represent and refer to the
social, profes-
sional, and even political worlds in which counselors operate.
Rather, we
are pondering what is lost when counselors abide.
In this article, we take to heart Hansen’s (2012) suggestion that
from a hu-
manities view of things, good counselors are akin to professors
of literature
or philosophy who explore important huma n questions,
appreciate meaning,
value subjectivity, and engage in dialogue and debate with
colleagues for the
purpose of expanding perspectives rather than constricting or
simplifying
them. Like other counselors in the humanistic tradition (e.g.,
Dollarhide &
Oliver, 2014; Scholl, McGowan, & Hansen, 2012), we are
invested in helping
professionals engage in their work, and ethical reasoning in a
way that is
not reductive or taken for granted, but rather that supports and
advances
human and professional potentials. To that end, we also hope
that this article
helps counselors think about the self-development or
intrapersonal aspects
of counselor ethics. The relevance of self-development to
counselor ethics is
confirmed by virtue ethicists who point out that qualities of an
individual’s
personhood, such as sensitivity to others’ needs, reflectivity,
openness, and
awareness of personal biases, are useful to ethical decision
making, as are
developed habits of ethical behavior (A. L. Hill, 2004; Punzo &
Meara, 1993;
Stewart-Sicking, 2008). Our goal, therefore, is to consider the
process and
outcomes of ethical decision making from a philosophical —
especially an
existentialist—perspective, with an emphasis on the concept of
authenticity.
By considering this particular philosophical notion, counselors
might think
about not just what they are required to do ethically, but how
they can (a)
imagine a variety of ethical responses to clinical quandaries, (b)
act in a way
that is professionally upstanding, and (c) strive toward an
autonomous ethical
self that makes use of the wisdom of the professional
counseling community
102 Journal of HumaNisTic cOuNsELiNG ◆July 2016 ◆
Volume 55
but also does not surrender free and informed thinking to keep
in lockstep
with the majority view.
HistoriCaL and PHiLosoPHiCaL sketCH
of autHentiCity
The notion of authenticity in the Western world developed in
the 17th and
18th centuries when society began viewing the person as a
unique and
valuable individual rather than as a cog in the system whose
worth and
purpose was related to the ability to fulfill one’s social role and
responsibili-
ties (Varga & Guignon, 2014). A sharp attention to the
individual during
these early and subsequent centuries opened the door for
philosophers to
challenge conformist social behavior, as well as critique some
long-held
virtues, such as honesty and sincerity, both of which esteemed
behavior that
aligned with the expectations of a person’s place in society.
According to
Varga and Guignon (2014), the virtue of sincerity eventually
was traded for
the virtue of authenticity, which generally holds that being true
to oneself
for its own sake is preferable to being sincere as a means to
uphold social
norms or act as a placeholder in society.
The popularization of authenticity as a virtue is attributable
largely to
existentialists such as Søren Kierkegaard (1813–1855), Martin
Heidegger
(1889–1976), and Jean-Paul Sartre (1905–1980). The meaning
of authenticity to
each of these philosophers is related to his broader work and
thought; how-
ever, the concept as they deal with it nevertheless tends to
involve a critique
of conformist attitudes and behavior and, simultaneously, an
encouragement
toward ownership of one’s own self and one’s place in the
world. These
qualities are what interest us insofar as they challenge
counselors not to see
ethics primarily in a risk-management light and not to come to
ethical deci-
sions in a fashion that focuses on the outcome (i.e., enacting the
code) to the
detriment of reflection, engagement, and personal commitment
and respon-
sibility to the decision. In addition, the notion of authenticity is
connected to
that of autonomy, which also is of interest to us here. Both
concepts suggest
that it is worthwhile for people to foster self-directed and self-
governing
qualities so that ethical decisions are made through one’s own
reasoning
and reflections about how to live life rather than necessarily in
accord with
an external set of standards or guidelines (Varga & Guignon,
2014). In the
rest of this section, we examine aspects of Kierkegaard’s and
Heidegger’s
philosophies as two means through which to expand our
understanding of
authenticity. We also consider how these philosophers’ sense of
this notion
might advance the development of counselors’ ethical
professional selves.
Kierkegaard on Authenticity
The beginning of the quest for authenticity is tied tightly by
many writers
to Kierkegaard’s (1996) yearning to find a truth that made sense
to him and
Journal of HumaNisTic cOuNsELiNG ◆ July 2016 ◆ Volume
55 103
for which he personally could commit both his life and death. A
central
concern in Kierkegaard’s philosophy was how one goes about
becoming a
Christian. A fierce critic of his age and especially of his own
Christian com-
munity, Kierkegaard believed that being a Christian had nothing
to do with
being born or raised in that faith community or even with
holding the tenets
of Christianity. In themselves, these features did not lead to an
authentic
Christian existence. Indeed, he accused his contemporaries of
being lulled
into a passionless complacency—a sort of spiritual sickness—
that led them
into living inauthentic existences and espousing nonidentities
(Welstead,
2014). The inauthentic existence was strongly associated for
Kierkegaard
with the crowd, which he saw not only as a source of untruth
but also as a
way of undermining people’s sense of responsibility, purpose,
and invest-
ment in their lives. Kierkegaard contended it was too easy to get
lost in a
crowd mentality and thereby relinquish one’s own self, never
committing
to an idea in which one truly believes.
As a way out of the complacent attitude toward life and faith he
observed
around him, Kierkegaard turned to subjectivity. Specifically, he
suggested
that being authentic involves cultivating inner passion to be
who one truly
is, such that one’s being becomes an issue for an individual —
not abstractly
but personally (Pattison, 2005). Moreover, the authentic person
is one who
fervently believes in and commits to something or someone and
then takes
a leap of faith into the unknown to participate fully in the
commitment. An
example of this kind of dedication and leap of faith can be seen
in marriage
insofar as it requires a person to jump into the unknown future
to live in the
relationship to which one has pledged himself or herself. In
Kierkegaard’s
case, the authentic existence ultimately was related to a strong
personal
dedication and leap of faith to God and Christianity.
Although Kierkegaard’s religious worldview and his conclusion
about
the normative human existence culminating in Christian
dedication might
not fit for all counselors, his philosophical reflections on
authenticity still
have much to offer clinicians who appreciate a humanities view
of their
profession and who are seeking to become ethically mature and
autonomous.
First, Kierkegaard reminds us that the way in which one
approaches and
participates in a moral framework, such as a code of ethics, is
meaning-
ful. Commenting on Kierkegaard’s work, Golomb (2013)
highlighted this
point, saying, “authentic life has less to do with a specific
content, a what,
and more to do with some particular existential walk of life,
with a how”
(p. 2). In other words, accepting a professional counseling
worldview,
including its moral framework as embodied in the code of
ethics, because
it is handed down from the community of helpers to which one
belongs
is not sufficient, nor does it make one a de facto authentic
helper. On the
other hand, if counselors take Kierkegaard’s understanding of
authenticity
to heart, they will ask themselves not only what the code of
ethics recom-
mends them to do in particular situations but also, more
importantly, how
they personally will become ethical and dedicated counselors.
Moving to
104 Journal of HumaNisTic cOuNsELiNG ◆July 2016 ◆
Volume 55
this subjective level entails deep, individual engagement with
the mission
of the counseling profession and the principles upon which it is
grounded.
The ACA Code of Ethics (ACA, 2014) outlines the profession’s
mission to
include such things as sensitivity to human development
processes, re-
spect for diversity, appreciation of clients’ autonomy and
human dignity,
engagement in social justice advocacy, and skillful and ethical
practice—all
in support of a client’s inalienable personal worth. This mission
is the foun-
dation from which ethical decisions are intended to flow.
Counselors act
with authenticity when they reflect on the mission to support
human worth
and dignity, personally choose to support that mission, and are
cautious
not to use professional group membership unthinkingly as a
justification
for their ethical decisions.
Second, Kierkegaard’s appeal to passion is a challenge to the
compla-
cency for the profession that can overcome counselors when
they fall into
using a risk-management approach to ethics. Risk management,
with its
emphasis on legal culpability, extinguishes passion and replaces
it with
self-serving fear. In a sense, risk management turns counselors
inward,
but it is an inwardness not directed at identifying that which
one can live
and die for, as Kierkegaard sought. Instead, it is an inwardness
aimed at
self-preservation. Operating from this mindset, counselors in
the process
of making an ethical decision might ponder a question such as
“What must
I do to be safe rather than sorry?” It is easy to imagine that
when counsel-
ors rely on risk management as a way of resolving ethical
conflicts, they
have the potential to become part of the crowd that accepts the
ACA Code
of Ethics (ACA, 2014) as a statement of truth without fervently
engaging it
or the mission of the profession on which it is grounded. When
counselors
are interested in being authentic in a Kierkegaardian sense,
however, they
cultivate an inward passion that extends outward to the
profession and the
people they serve. Likewise, they are willing to take a leap of
faith into the
mission of the profession and its investment in honoring clients’
dignity
and worth (ACA, 2014), even if making that leap might not be
fully aligned,
at times, to best practice recommendations.
Heidegger on Authenticity
Turning now to Martin Heidegger, we see that the concept of
authenticity,
primarily as described in his work Being and Time (1927/1996),
is grounded
in his understanding of human existence and in the
responsibility that he
believed each person has to his or her own being. He used the
term Dasein,
or being-there (Macquarrie, 1968), to characterize the central
nature of that
existence, which is distinguished “by the fact that in its being,
this being
is concerned about its very being” (Heidegger, 1927/1996, p.
10). It is not
some set of objectively determined qualities or properties of
human persons
that characterize their nature; rather, human beings are
characterized by
the reality that their existence is an issue for them, and they
must decide
Journal of HumaNisTic cOuNsELiNG ◆ July 2016 ◆ Volume
55 105
about their being. Describing Dasein, Heidegger (1927/1996, p.
10) says,
“the essential essence of this being cannot be accomplished by
ascribing to
it a ‘what’ that specifies a material content, because its essence
lies rather in
the fact that it in each instance has to be its being as its own.”
This concern
for its own existence is a primary reason why human persons
stand out
from all other objects or creatures in the world (Macquarrie,
1968).
Looking more carefully at the meaning of human existence, we
see that
Heidegger conceptualized three main attributes of Dasein. First,
Dasein is
always in the process of becoming and is never complete in
itself. One can-
not say that there are fixed or determined properties of the
human person
because the person is constituted fundamentally by his or her
possibilities
(Macquarrie, 1968). This is in contrast to the way one might
describe the
properties of other objects in the world and trust that those
properties will
remain true and the same from day to day. Second, Dasein is
characterized
by a “unique mineness” (Macquarrie, 1968, p. 13). Heidegger
(1927/1996)
put it this way: “The being which this being is concerned about
in its be-
ing is always my own” (p. 40). He is conveying that the human
person
is unique unto himself or herself and is not to be replaced by
any other
person. Although one might exchange one object for another
similar object
and never notice the difference, the same is not true of the
human person,
who in her or his uniqueness cannot be replaced by any other
individual.
Finally, Heidegger (1927/1996) says that Dasein is possibility.
Possibility
is much more than a characteristic or property of the human
being; rather,
as Heidegger expresses, it is what is essential to its being.
In describing Dasein as possibility, Heidegger talked about
authenticity
and inauthenticity. Authentic existence involves the self-
possession of one’s
possibilities for being, whereas inauthenticity is characterized
by a turning
away from or relinquishing of one’s potential for becoming by
living a sort
of everyday mode of existence (Macquarrie, 1968). Heidegger
(1927/1996)
noted that it was fairly common for people to exist
inauthentically. The
everydayness or averageness of the world entices people to
blindly follow
mainstream views, rules, or ideas; to get subsumed in routines
and tasks
of life; and to live as part of the collective mass rather than as a
unique
individual. Additionally, in an everyday way of being in the
world, people
relate to their environment and the objects within it as
instruments; that is,
objects within the environment are “ready-to-hand” or
significant primar-
ily to the extent that they are tools available to address people’s
practical
concerns (Macquarrie, 1968).
Without denying that people exist in—and are always in
relationship to—a
world constituted by certain environmental realities that set
parameters
for how one lives and works, Heidegger (1927/1996) prompted
people to
pursue possibility within their social structures. To do this
involves a degree
of resoluteness, or an engagement in the world that fully
acknowledges
the structures of everyday life and situations and, concurrently,
does not
yield to them or the collective mass (Carman, 2003). From
Heidegger’s
106 Journal of HumaNisTic cOuNsELiNG ◆July 2016 ◆
Volume 55
perspective, people who act with authenticity do not use their
consciences
to rubber-stamp decisions that fit established moral frameworks
or cultural
ideals, but they resolutely make decisions that allow them to
become their
“own-most persons.” Perhaps the most powerful means by
which a person
embraces his or her own-most possibility and acts with
authenticity is in
recognizing the limited nature of existence. Heidegger
contended that the
process of living is best worked out when people strive to take
hold of their
potentials for being that always are out in front them; death puts
the life
project into perspective. Heidegger pointed out that death places
a limit
on life, sets a boundary around it in such a way that one cannot
help but
realize that being and existence belong completely to oneself,
and thus one
bears responsibility to the decisions to be made in this life.
Counselors who aim to develop their autonomous ethical selves,
and
who also value a humanities view of counseling, can garner a
number of
lessons from Heidegger’s (1927/1996) insights into authenticity.
First, in a
counseling profession that currently emphasizes scientific
ideology and
tends to constrict perspectives on good and helpful approaches
to counselor
education, research, and intervention (Hansen, 2012;
Lemberger, 2012),
Heidegger’s work presents the value of possibility in and of
itself. His
philosophy, which is rooted in an understanding of the human
person as
possibility and a conceptualization of authenticity that calls for
participation
in one’s possibilities, challenges the reductive movement in the
counseling
field. Hansen (2012) pointed to things such as symptom
checklists, identi-
fied learning competencies for students, diagnostic approaches
to care, and
specialized skills training to exemplify how the profession has
simplified
and technicalized counseling and education; we add to this list a
risk-
management, reductive approach to ethics in which the right
response to
ethical dilemmas is treated as if it is contained within and
mandated by the
code. This type of approach to ethics does not tend to encourage
counselors
to expand their imaginations about how best to respond to
ethical issues;
it simplifies the range of responses to those that will minimize
or prevent
liability. Some options for how to serve clients caringly and
with dignity
are likely left off the table. Heideggerian authenticity invites
counselors
to recognize and engage their personal and professional
possibilities as a
means to expand their own and the profession’s potentialities
through the
choices they make with regard to ethical dilemmas.
Second, the notion of authenticity challenges counselors to take
full own-
ership of their personal and professional possibilities, even
while operating
within the given structures of the counseling world. There is
perhaps no other
document that so specifically describes the parameters of the
counselor’s
role and world as the ACA Code of Ethics (ACA, 2014). It puts
boundar-
ies around such things as the roles and responsibilities of
counselors and
clients, treatment of information revealed in the therapeutic
environment,
use of technology, record keeping, appropriate and
inappropriate referral
practices, and so on. Heidegger (1927/1996) fully acknowledged
that people
Journal of HumaNisTic cOuNsELiNG ◆ July 2016 ◆ Volume
55 107
are thrown into a world constituted by a large number of givens
and social
or professional conventions, such as those outlined for
counselors in the
ACA Code of Ethics. Yet, his philosophy challenges people to
be resolute
while they are living in relationship to the world. Heidegger’s
concern was
that people too readily can become subsumed into the
everydayness of the
environment in which they exist. This happens when people
surrender to
conformist mentalities and routines to the extent that they lose
their distinc-
tive existence. Becoming an authentic and autonomous ethical
counselor,
therefore, involves guarding against a collectivistic mentality in
which one
unreflectively participates in the counseling world and accepts
enacting
ethical mandates as if disconnected from them. Furthermore, it
requires
counselors to be aware of, but also resolutely go beyond, the
parameters
of convention. In a sense, the ACA Code of Ethics both creates
structure in
the counseling world and is an instrument of that world that
counselors
use to address their practical concerns (i.e., ethical di lemmas).
As a tool
ready-to-hand, the ACA Code of Ethics can guide counselors
toward deci-
sions that indicate care for clients; conversely, it also can be
absorbed by
clinicians as a thing of convention that fails to inspire, and
instead becomes
a taken-for-granted backdrop of our professional engagements.
This tool
might even become a source of social pressure that dictates
what counsel-
ors can or cannot do in the name of “being ethical.” Authentic
existence is
meant to involve us in a dimension of the world that transcends
the mere
instrumental. Going beyond starts by acknowledging one’s
limitedness
(i.e., the reality of death) such that one’s being comes into
focus and one
cannot help but take responsibility for one’s own-most
possibilities and,
to a degree, for the world in which one lives. As counselors
contemplate
their own possibilities and those of the profession in an
authentic way,
they take pains not to consider ethical practices or actions only
outlined
in the ACA Code of Ethics. They seek to at least consider the
possibility that
caring for clients during ethical quandaries might entail creative
and in-
novative actions, similar to what is encouraged by a humanities
vision of
counseling. They ponder—and possibly enact—resolutions that
can shape
the counseling world in new ways. Ultimately, being authentic
means that
counseling professionals stand out in their professional world
by taking
full responsibility and ownership over their ethical decisions
even—and
especially—if they are not fully in compliance with current
practices.
LiMitations and ConCLusions about
usinG autHentiCity in etHiCaL reasoninG
The purpose of focusing on the notion of authenticity is to
challenge the
somewhat complacent or even disinterested attitude that can
settle in
when risk management becomes the usual means through which
to resolve
both weighty ethical dilemmas and more ordinary ethical
decisions. We
acknowledge that there are limits to using authenticity alone as
a moral
108 Journal of HumaNisTic cOuNsELiNG ◆July 2016 ◆
Volume 55
compass. Numerous writers (e.g., Golomb, 2013; Lodge, 2007;
Varga &
Guignon, 2014) have noted that overemphasizing one’s own
self-created
and self-imposed guidelines or one’s passions when resolving
moral issues
can lead to (a) a distorted sense of morality and (b) a failure to
apply com-
monly agreed upon ethical standards in decision making.
Golomb (2013)
asked, “if an authentic mode of living requires an individual’s
total and
passionate commitment and uncompromising rejection of
anything that is
alien or contradictory to it—could it be that a passionate Nazi
or religious
fanatic is to be regarded as an authentic subject deserving of our
highest
esteem?” (p. 4). His question cannot be ignored. Varga and
Guignon (2014)
noted that the concept of authenticity suggests a false
dichotomy between
the person and the community. With its extensive focus on the
individual
and the individual’s inner life and passions, the notion of
authenticity can
seem to suggest that the person fundamentally exists apart from
the com-
munity. These critiques of authenticity both are concerned that,
in striving
to be authentic, a person will become encapsulated in his or her
own world
and misperceive or devalue core principles and standards of
care worth
considering when making ethical decisions.
is one to abandon the notion of authenticity as useful to
counselors’
decision-making process in light of these limitations? We would
say no. at
the beginning of this article, we noted that a foundation of good
counseling
includes competence, maturity, and autonomy in the area of
ethical deci-
sion making. Competence refers to a counselor ’s minimum
knowledge base
and skill level to be able to do the work that a counselor does.
included
in this knowledge base and skill set are comprehension of and
ability to
enact professional ethical standards and an appreciation for
counselors’
positive view of the human person, such as is outlined in a
humanities
vision of the person as holistic and possessing inherent dignity,
worth,
and yearnings toward growth (scholl et al., 2012). Ethical
competence is
shaped when counselors maintain a connection with their
professional
world and use that world to inform ethical decision making
insofar as it
is grounded in an appreciation for the respect and dignity of all
persons
(aca, 2014). The counseling world can provide a “what”—that
is, a moral
framework necessary for ethical decision making. The ACA
Code of Ethics
(aca, 2014), in particular, acts as a balance to a counselor ’s
own self-
created guidelines and subjective sense of right and wrong. it
cannot and
should not be discarded in the pursuit of authenticity. However,
insofar as
counselors desire to develop ethical autonomy and not to accept
risk man-
agement and reductionism in their approach to doing ethics,
authenticity
is useful. The benefits of cultivating authenticity are that this
virtue can
help counselors (a) reorient their reflections on how to become
personally
invested and ethical professionals; (b) passionately and
personally engage
the mission of the profession upon which its moral framework
rests; (c)
fully acknowledge the variety of possibilities at hand for
resolving ethical
issues, not just those described in the ACA Code of Ethics; and
(d) resolutely
Journal of HumaNisTic cOuNsELiNG ◆ July 2016 ◆ Volume
55 109
own the ethical decisions they make. ultimately, being authentic
means
forging a professional self that is fully conscious, informed by
the profes-
sion’s mission, and freely able to engage one’s own and the
profession’s
possibilities for growth and development.
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VERGÉSCONTEXT IN ETHICAL DECISION MAKING
Integrating Contextual Issues
in Ethical Decision Making
Alvaro Vergés
Department of Psychological Sciences
University of Missouri-Columbia
Many issues in ethics arise in relation to the contexts in which
psychologists work. However, most
ethical decision-making models reproduce the way in which
psychologists tend to approach ethics by
focusing on ethical dilemmas and proposing a step-by-step
response to deal with them. Although
these models might be useful, their emphasis on reactive
approaches and their lack of contextualiza-
tion constitute significant limitations on their applicability. In
this article, an approach to ethical deci-
sion making that highlights the importance of the context in
developing proactive strategies to solve
ethical issues is proposed. This approach is further explained
through its application to medical and
rural settings. The implications of these suggestions to the
training in ethics are finally discussed.
Keywords: ethics, ethical decision making, ethical dilemmas,
training
Many conflicts in ethics arise in direct relation to the contexts
in which psychologists work. For
example, problems with boundaries in rural settings where
overlapping relations are common or
with confidentiality in medical settings where records of
patients are shared by different profes-
sionals, emerge before the psychologist has even started to
work. Clinical psychologists, as well
as other mental health professionals, tend to think about ethics
as a circumscribed problem related
to their specific work in the treatment room. However, their
responsibility goes beyond the time
and space of the therapeutic process, and their ethical concerns
should begin in the moment they
start to know the contexts in which they will work.
Most ethical decision-making models reproduce the way in
which psychologists tend to ap-
proach ethics. The major concerns of these models are the
ethical dilemmas and the sequence of
steps necessary to deal with them. Although these models are
useful, they emphasize reactive ap-
proaches to ethical issues and overlook preventive measures
that might help solving ethical prob-
lems before they arise. Moreover, ethical decision-making
models tend to be abstract statements
about how psychologist should behave and do not take into
account the different contexts in which
they might be applied.
Attempts have been made to modify existing ethical decision-
making models in a way that in-
corporates these issues. For example, ethical decision-making
models to be used in contexts as di-
verse as military operations (Stephenson & Staal, 2007) or the
work with AIDS patients
(Erickson, 1990) have been proposed. In this article, the
limitations of these kinds of models are
ETHICS & BEHAVIOR, 20(6), 497–507
Copyright © 2010 Taylor & Francis Group, LLC
ISSN: 1050-8422 print / 1532-7019 online
DOI: 10.1080/10508422.2010.521451
Correspondence should be addressed to Alvaro Vergés, 200
South Seventh Street, Department of Psychological Sci-
ences, University of Missouri-Columbia, Columbia, MO 65211.
E-mail: [email protected]
addressed, together with the suggestion that a different
approach should be implemented to inte-
grate the context into ethical decision making. Examples of the
application of this approach to
medical and rural settings are provided. Finally, the
implications of these suggestions to training
in ethics are discussed.
ETHICAL DECISION-MAKING MODELS
Ethical decision-making models originally emerged as a
response to the limitations of mandatory
ethics, centered in the creation of universal principles and
standards that guide the ethical behav-
ior of psychologists in the most diverse situations (Tymchuk,
1982). As stated by Stephen Behnke
(Barnett, Behnke, Rosenthal, & Koocher, 2007), the idea that
the correct answer to an ethical di-
lemma comes from external prescriptions was considered both
impossible and undesirable. It was
impossible because the complexity of situations in which
psychologists are involved make it im-
practicable to create a standard for every single ethical problem.
It was also undesirable because it
implied the idea of psychologists as passive appliers of ethical
prescriptions. In contrast, ethical
decision-making models promoted an active processing of
ethical principles and standards in or-
der to generate a creative response to a particular ethical
problem (Seitz & O’Neill, 1996). More-
over, ethical decision-making models analyze ethical behavior
in the light of the process through
which a course of action is selected, instead of just considering
the final action. This implies that a
“right action” is discerned not only by its consequences but also
by reviewing the steps that led to
it (Garfat & Ricks, 1995).
In a review of the ethical decision-making models proposed
between 1984 and 1998, Cottone
and Claus (2000) analyzed theoretically and empirically based
models. Among the models in-
cluded in their review, there are some that consider contextual
issues in the process. For example,
the feminist model of Hill, Glaser, and Harden (1998) considers
the social context in which the
ethical dilemma arises. Similarly, Betan (1997) developed a
model based on hermeneutics, incor-
porating the context in which the therapeutic relationship occurs
into the narrating process that
characterizes ethical decision making according this author.
Furthermore, Cottone’s (2001) social
constructivist approach states that the process of solving an
ethical dilemma takes place in the in-
teraction among people and not in the individual mind of the
psychotherapist. However, none of
these models provide explicit guidelines on how the context
should be incorporated in the process.
Moreover, with the exception of Welfel’s (2006) model, which
includes a first step of developing
ethical sensitivity, most models reviewed by Cottone and Claus
start with the identification of rel-
evant aspects of the problem, that is, they consider the ethical
dilemma as the starting point for
ethical deliberation and do not mention preventive steps to
impede the occurrence of the ethical
dilemma.
One of the models reviewed by Cottone and Claus is the one
proposed by Garfat and Ricks
(1995) for clinical work in child and youth care, which deserves
special attention here. In this
model, the activity of the self is the core of ethical behavior.
The self processes the influences of
contextual values, codes of ethics, and standards through a
critical and reflective analysis that gen-
erates a decision given a context of ethical practice. Once the
action is taken, its consequences are
evaluated and integrated as feedback to the process and the self.
Thus, the whole process is said to
be driven by the self, implying a more personalized
interpretation and application of general stan-
dards that takes into account the context in which the decision
must be made. However, in this
498 VERGÉS
model the context is still considered after the dilemma has
arisen, so that contextual issues are not
incorporated in a proactive analysis. Like other models of
ethical decision making, Garfat and
Ricks’s model seems to describe the self as being activated by
the ethical problem, rather than be-
ing active before the problem.
In recent years, new models of ethical decision making have
emerged, most of them focusing
in one area, setting, or ethical dilemma, so that the new
tendency seems to be the development of
an ethical decision model for every specialty in clinical
psychology (e.g., Gottlieb, 1993; Knapp
& VandeCreek, 2007; Stephenson & Staal, 2007). However, this
line of work, although useful in
guiding the application of general principles to specific
contexts, does not teach how to do the ap-
plication by oneself. Do we have to wait until a new ethical
decision-making model for a specific
setting is published before we start to work in that setting? With
the rapid changes that we witness
every day in psychology and the reasonable expectation for the
emergence of new areas of devel-
opment in the near future, it seems more wise to develop skills
in the thoughtful examination of
new settings to identify as soon as possible the ethical
challenges and dilemmas that we are likely
to encounter. To identify those skills, it might be useful to
consider the influences that affect ethi-
cal decision making.
INFLUENCES IN ETHICAL DECISION-MAKING
PROCESSES
One of the first studies that highlighted the role of contextual
factors in ethical decision making
was conducted by Kurtines (1986). Sixty-four undergraduate
students were asked to report their
course of action in six different scenarios, categorized as
behavioral (involve the analysis of possi-
ble consequences) and distributive (don’t involve analysis of
consequences) decision-making sit-
uations. Individual differences in the use of justice,
benevolence, and pragmatism as moral princi-
ples and situational factors were included as predictors in
regression equations in which the
ethical decision was the dependent variable. The results indicate
that, although both individual
and situational factors significantly predicted ethical decision
making, the situational factors
tended to be better predictors (i.e., accounted for more
variance).
In a study involving 258 students of 59 clinical psychology
programs, Betan and Stanton
(1999) examined the discrepancy between the ability to identify
a proper response to an ethical di-
lemma and the willingness to act in accordance to that
identification. Their results show that only
37% of participants who identified the appropriate response
according to the American Psycho-
logical Association (APA) Ethics Code (APA, 2002), said that
they would actually do what they
believed they should do. Furthermore, Betan and Stanton
identified emotional and contextual pre-
dictors of this discrepancy. They found that participants who
stated their willingness to act as they
should reported less anxiety and more compassion in relation to
the ethical dilemma. Also, these
participants reported that their decision was more influenced by
ethical and professional concerns,
ethics code and education, and clinic-related concerns and less
influenced by personal and
friend-related concerns. The authors concluded that
“psychologists are making inadequate deci-
sions about ethical dilemmas in part because they are not well
attuned to the influential role of
emotions, values, and contextual concerns in ethical discourse”
(p. 299). That is, although psy-
chologists may know the principles and standards that regulate
the profession, their implementa-
tion of those principles and standards can be interfered by
emotional and contextual issues, espe-
cially when they are not aware of those factors. For this reason,
“any ethical model used in training
CONTEXT IN ETHICAL DECISION MAKING 499
must incorporate these contextual factors in order to awaken
therapists’ sensibilities” (p. 299).
However, Betan and Stanton’s proposal focuses mainly in the
interpersonal context and doesn’t
take into account the specific features of the setting in which
the ethical problem arises.
In a review of the literature on ethical decision making in
business environments, O’Fallon and
Butterfield (2005) found good empirical support for individual
and contextual factors affecting
the process of ethical decision making. Among the contextual
factors, O’Fallon and Butterfield
reported that the existence of a code of ethics tends to be
associated with positive measures of ethi-
cal decision making. Also, the creation of an ethical climate or
culture in an organization fosters
the ethical decisions of individuals. Finally, the existence of
rewards and sanctions that are consis-
tent with ethical behaviors is positively related to ethical
decision making. Another contextual
factor that according to O’Fallon and Butterfield requires more
investigation is the influence of
peers.
Although these findings apply to the field of business, there is
some research suggesting their
generalizability to other situations. For example, Mumford et al.
(2007) examined the responses
of 102 graduate students in programs in biological, health, and
social sciences to different scenar-
ios reflecting conflictive ethical situations in research. Their
results show that some dimensions of
both environmental experiences and perceptions of climate in
the workplace are associated with
ethical decision making.
In summary, the accumulated evidence shows that there are
contextual factors that systemati-
cally influence the processes and results of ethical decision
making. If we take these results seri-
ously, we should consider taking these factors into account
whenever we are confronted by ethical
dilemmas and engage in a deliberative decision making process.
That implies the use of an ethical
decision-making model in combination with an awareness of all
the factors that might influence
the steps prescribed by the model. However, if this is the case,
ethical decision-making models be-
gin to appear more overwhelming than useful. A different
approach might involve trying to iden-
tify and, if possible, modify the contextual factors that
influence ethical decisions before the
model is applied, that is, applying the model when there is no
ethical dilemma to focus on. The
next section provides some ideas on how contextual issues
might be incorporated into formal ethi-
cal decision making.
INTEGRATING CONTEXT TO ETHICAL DECISION-
MAKING MODELS
Traditional ethical decision-making models are useful to avoid
impulsive responses to an ethical
dilemma. However, this statement can be slightly reframed
saying that these models are useful
only if they avoid impulsive responses, because once an
impulsive response has occurred, there is
little more to take from the model. This problem is solved in
part if psychologists take a time prior
to any ethical conflict to apply a model to their distinctive
context and think of alternative solu-
tions to problems that have not yet occurred. Thus, if the worse
scenario happened and the psy-
chologist could not avoid an impulsive response, at least that
response would more likely be one
that has been considered before, in a better state of mind.1
500 VERGÉS
1A reasonable reader could think at this point that this is what
most (or at least some) people already do. That is true.
However, the same can be said about most ethical decision-
making models. One of the most important goals of an ethical
decision-making model is to systematize the best practices in
dealing with ethical issues.
A more formal exposure of such a process is presented by
Kitchener (1984) in a very influential
article. She developed a hierarchy of justification for ethical
judgments composed of two levels:
an immediate, intuitive level and a critical, evaluative level.
The intuitive level corresponds to the
set of personal beliefs and knowledge (including knowledge
about ethics codes) that are applied in
most situations when we need to make a moral judgment that
does not involve a conflict between
different principles. However, when such a conflict arises, or
when we need to evaluate or justify
decisions made on the basis of intuitive judgment, a more
elaborated process for ethical judgment
is needed. Here is when the evaluative level is required. This
level is, in turn, composed of three
tiers of moral justification, namely, ethical rules (including
professional codes and laws), ethical
principles, and ethical theory. These tiers are also hierarchic ally
organized, so that we move to a
more abstract tier when a given situation cannot be solved
through the application of a previous
tier (Kitchener, 1984).
The importance of this model for the present discussion resides
in two aspects that appear to be
overlooked in most of the subsequent models of ethical decision
making. First is the inclusion of
an immediate, intuitive level of justification that is conformed
by personal values and general
knowledge but is also influenced by formal training in ethics
and personal reflection about every-
day practice. This level of justification is not a primitive or
secondary aspect of ethical behavior
that can be dismissed from further analysis. On the contrary, it
must be a central matter in our ethi-
cal concerns, and we should take responsibility for the
development of a good moral intuition.
This involves developing moral awareness and sensitivity,
increasing the familiarity with ethics
codes and laws and, as we insist here, being aware of the
relevant features of the contexts of work
in order to develop a set of strategies to address potential
conflicts before they emerge.
The second aspect of Kitchener’s model to be highlighted here
is that the constant application
of the critical, evaluative level of moral judgment is assumed to
improve our moral intuitions.
Moreover, this application does not need an ethical dilemma to
be exercised. As Kitchener (1984)
stated,
Hopefully, by doing the best critical thinking possible when we
are not pressed by the immediacy of a
situation, we can build up an improved set of ethical rules and
principles which will ultimately become
part of our redefined intuitive sense. (p. 45)
The suggestion made in this article is that “the best critical
thinking possible” involves the ap-
plication of ethical rules, ethical principles, and ethical theory
to the particular context in which
professionals work.
There are several reasons for including the context in this
process of critical thinking. First, the
power of the context in influencing the decision-making
process, which has been already exam-
ined, requires psychologists to pay attention to those sources of
interference. Also, although
codes, laws, and principles are stated as universally applicable,
the demands of an ethical dilemma
occur in a very specific situation that sometimes makes the
general norms inapplicable. Between
the universality of the general norms and the specificity of the
particular situation we can identify
the context as the relatively stable place where some ethical
problems are more or less likely to oc-
cur. That is, the context is the natural field where proactive
ethical judgment should be applied. If
professionals are able to identify the features of their context of
work that make the application of
general norms more difficult, and use that identification as a
starting point to think of potential sit-
uations of ethical conflicts, the moment in which those conflicts
emerge will not be a moment of
CONTEXT IN ETHICAL DECISION MAKING 501
despair and improvisation. Although it is unlikely that this
proactive thinking will prevent ethical
dilemmas from occurring, the possibility of anticipating some
(or most) of the ethical dilemmas in
a given context makes the process of ethical decision making a
more straightforward and less
stressful one. Furthermore, the analysis of the context can also
be helpful to identify unethical
contexts (e.g., a context where torture is applied) in which there
is no possible ethical behavior ex-
cept for resigning and denouncing (Lira, 2008). Finally, the
integration of contextual consider-
ations to ethical decision making has the potential to change the
way we think about ethical issues.
As we learn to consider the particular aspects of our context of
work before we encounter any ethi-
cal problem, we will develop a greater awareness of ethical
issues, which in turn will help us to
make better decisions.
Because the absence of specific guidelines to analyze contexts
might still discourage some
psychologists from considering these suggestions, it may be
helpful to present concrete examples
of how contextual issues have been identified in the literature
and have been used to modify the
clinical practice.
EXAMPLES
The following examples are presented to give an idea of the
incorporation of context in ethical de-
cision making. It should be noted that these examples are still
too general, comprising very differ-
ent situations. However, they provide an idea of how the
analysis of more particular contexts
should be addressed. It should also be mentioned that the
analysis of these contexts does not imply
that there is something unethical about them, but that they are
different from the usual context of
psychological practice in relation to which most of the literature
on ethics has been developed.
Finally, although the context is understood in these examples as
the setting in which psychologists
work, there are other dimensions that could also be considered
as “contextual,” such as the activi-
ties in which clients are involved (e.g., sport psychology), the
way in which psychologist and cli-
ent communicate (e.g., Internet-based psychotherapy), the
financial context in which services are
provided (e.g., managed care), or the legal dispositions that
regulate psychological practice (i.e.,
differences in laws among states).
Ethical Issues in Medical Settings
Practicing psychology in medical settings involves several
ethical issues that emerge due to the
specific features of this context. For instance, the patients who
are most likely to receive services
in medical settings are different from patients seen in mental
health settings. Patients in medical
settings tend to have more limited knowledge about the process
of psychotherapy or the role of
psychologists, are usually referred by other professi onals
without a good explanation of the rea-
sons for the referral, might be referred as a “last option” when
more traditional treatments have
failed, and might present limitations in movement (which
implies the need for services in their
hospital room) or in their ability to make decisions (Belar &
Deardorff, 2009; Cooper-Patrick,
Crum & Ford, 1994; Pope, 1990).
Some characteristics of the organizational culture are also
particular in medical settings, where
different professionals with a diversity of theoretical
frameworks, ways to understand disease,
and ways to approach team work can be found, which can lead
to difficult situations. Also, the
502 VERGÉS
presence of differences in professional codes of ethics might be
problematic, as well as the exis-
tence of different ways to cope with emotional distress among
professionals (Belar & Deardorff,
2009). An environment that behaves in a way that is so different
from how psychologists usually
behave might affect their ethical decisions unless they
anticipate the problems that are likely to
emerge (Pope, 1990). To avoid this, psychologists working in
medical settings should ask them-
selves, for example, What would I do if I have to meet with a
patient who cannot move and needs
to be seen in a multiple bed room? (issues with confidentiality)
or what would I do if there is a con-
flict between my patient and the treatment team with regard to
the most appropriate treatment?
(conflicts of interest).
Does this mean that an ethical decision-making model for
psychologists in medical settings is
necessary? Maybe. But the rapid changes in medical practices
and law, as well as the new devel-
opments in health psychology (Rozensky, 2006), would
probably make such a model obsolete in a
few years. A better solution would be to provide training to
psychologists who work in medical
settings to assist them to analyze their context and anticipate
possible ethical conflicts.
Ethical Issues in Rural Settings
The literature on ethical issues in rural settings constitutes an
excellent example of how the analy-
sis of contextual issues can lead to a particular and coherent set
of ethical guidelines for practice.
The features of rural contexts have been described by a number
of authors (e.g., Helbok, 2003;
Roberts, Battaglia, & Epstein, 1999; Stockman, 1990). Roberts
et al. (1999) stated than in com-
parison to urban population, rural residents have higher rates of
alcohol-related accidents, sui-
cides, chronic illnesses, and environmental hazards.
Furthermore, they are less likely to seek pro-
fessional help and tend to distrust outsiders from the community
(Stockman, 1990). On the other
hand, rural psychotherapists are more likely to provide care
without necessary support or re-
sources, address clinical issues outside their competence, and
make difficult decisions without
consultation or support from specialists. Moreover, therapeutic
relationships tend to be compli-
cated by the fact that overlapping relations are almost inevitable
in rural settings. This implies that
psychotherapists have to deal with a constant balancing between
their personal life and their duty
to their patients, or even the balancing between being accepted
in the community and avoiding
multiple relationships (Helbok, 2003). In a national survey of
447 psychologists in urban and rural
areas, Helbok, Marinelli, and Walls (2006) found that rural
psychologists encounter more issues
with multiple relationships, have more problems related to their
visibility in the community, and
are less likely to discuss their work with other professionals.
However, the existence of these problems does not mean that
psychologists should dismiss
their commitment with ethical codes. As Helbok (2003) stated,
Even though some ethical considerations may be different in
rural areas than urban areas, it does not
mean the ethical codes should be abandoned or loosely
interpreted. On the contrary, it is because of
the fact that multiple relationships are inevitable, or anonymity
impossible, that the psychologist
needs to be even more diligent in working within the ethical
codes and principles. (p. 370)
As we have noted, this is not a simple task, and several
guidelines have been proposed to help
deal with these issues. For example, Stockman (1990) applied
Kitchener’s (1988) guidelines to
multiple relationships to the context of practice in rural
settings. She made a number of useful sug-
CONTEXT IN ETHICAL DECISION MAKING 503
gestions, among which we find addressing with patients their
expectations regarding their relation
with the psychotherapist, discussing in advance potential role
conflicts, meeting with other pro-
fessionals in the community to explain issues related to
confidentiality, and considering consulta-
tion with community members to learn more about the
community. Roberts et al. (1999) sug-
gested educating patients about ethical standards and involving
them in the process of identifying
potential conflicts and solutions related to boundary violations.
They also encouraged profession-
als to work together in order to translate ethical standards to the
reality in rural contexts. Coyle
(1999) proposed providing documents explaining conflictive
issues and reviewing them with the
patient to facilitate informed consent. During this process,
patient and psychotherapist could even
anticipate problematic situations that are likely to occur and
think together about possible ways to
deal with them. Turchik, Karpenko, Hammers, and McNamara
(2007) provided suggestions for
how to deal with difficulties in assessment in rural settings.
They presented some criteria to select
and apply useful assessment tools and emphasized working with
test developers, test publishing
corporations, third-party payers, the profession of psychology,
and legislators to prevent difficul-
ties derived from lack of accessibility to quality assessment in
rural areas.
It is interesting to note how these suggestions share a
preventive perspective that is more re-
lated to proactive measures than to reactive steps to follow after
a problem has been identified. Al-
though some useful models for ethical decision making in rural
contexts have been proposed (e.g.,
Gottlieb, 1993), it is clear that most efficient measures involve
working with the context to pre-
vent ethical dilemmas in a proactive way.
In summary, a psychologist taking a job in a new context (even
if the context is supposed to be
“traditional” as opposed to “emergent”) should be able to
examine the main features of that con-
text, including—but not limited to—characteristics of the
potential clients (including cultural is-
sues, developmental issues, and psychopathology),
characteristics of other professionals and ser-
vices in the context (including knowledge of psychology and
differences in ethics codes),
characteristics of the general community (broadly defined to
include professionals and public in-
stitutions), and characteristics of the job (does it—or should
it—involve assessment, coordination
with other professionals, interventions at different levels, etc.?)
to determine the potential ethical
issues that might arise. This analysis should be done with the
assistance of experts in the context
(i.e., other professionals or members of the community) in a
dialogue that involves an explanation
of psychological services and ethical issues in psychology.
Furthermore, the examination of the
context should take into account the fact that a single job might
involve different contextual di-
mensions at the same time (e.g., working with adolescents from
a rural community through the
Internet).
The ability to engage in this examination of ethical issues in a
given context certainly requires
appropriate training. The implications that the approach to
ethical decision making presented in
this article has for training in ethics are presented in the next
section.
IMPLICATIONS FOR TRAINING IN ETHICS
In an article titled “Beyond Ethical Decision Making,” Newman,
Gray, and Fuqua (1996) com-
pared two different models of ethical judgment. The first,
“ethical and moral judgment,” is related
to mandatory ethics in that the focus is centered on the ethical
dilemma or question, and the
step-by-step process of reaction to the dilemma. The second
model, “ethical and moral inquiry,” is
504 VERGÉS
more related to virtue ethics, so the emphasis is on a proactive
attitude that is directed toward the
achievement of the best possible ethical practice instead of the
avoidance of ethical violations.
The ethical and moral inquiry is thus a long-term process of
growth in which the professional at-
tempts to answer the question “who shall I be” as opposed to
the more reactive question “what
shall I do” that is characteristic of decision making as
understood by traditional models. The in-
corporation of this aspirational model of ethical judgment
associated with virtue ethics has been
repeatedly proposed by many authors (Jordan & Meara, 1990;
Knapp & VandeCreek, 2007). Al-
though the focus of this article is not intended to address these
issues, it should be noted that an in-
corporation of the context in the ethical decision-making
process could contribute to the integra-
tion of these two models of ethical judgment, as the ethical and
moral judgment starts to be more
proactive and involved in the search for the best practices.
However this goal might require differ-
ent models of training in ethics.
The recommendations that can be derived from the previous
sections for teaching ethics are
straightforward. Learning about models of ethical decision
making and their application to differ-
ent ethical dilemmas should still be a central part of the
training. However, the analysis of contex-
tual issues and the application of ethical decision-making
models to those issues should definitely
be encouraged to foster a proactive attitude toward the
resolution of ethical problems.
With coming changes in health care, it is likely that the whole
model of mental health service
delivery that we have learned and practiced will change
dramatically. The context in which we
learned the ethics of our profession will be different than the
context in which we will have to ap-
ply them.
These changes will require a new set of skills that allow for a
flexible but rigorous application
of the APA Ethics Code (APA, 2002) to situations that have not
been even considered by those
who wrote it. In this situation, a reactive ethical decision-
making approach is likely to be insuffi-
cient, so that students should be trained to be constantly aware
of changes in their context of work
in order to anticipate future problems. As Koocher (2003)
stated, planning is the key to effectively
address changes in professional practice. However, planning
without paying attention to the
changes in context might be as ineffective as not planning at all.
A similar approach to what is proposed here was taken by
Mumford et al. (2008) in providing
research integrity training to graduate students. Their results
showed that an application of general
principles to the particular context of research involving case
examples and practical strategies
was effective and that results were maintained after 6 months.
Although the effectiveness of a
training model for ethics in clinical practice based on contextual
analyses is still to be tested, there
are reasons to be optimistic about its potential results.
ACKNOWLEDGMENTS
Gratitude is expressed to Jeffrey Barnett, PsyD, and Nan
Presser, PhD, for their comments on ear-
lier versions of this article.
REFERENCES
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of psychologists and code of conduct. American Psychol -
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CONTEXT IN ETHICAL DECISION MAKING 505
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(2007). In case of ethical dilemma, break glass: Commen-
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Betan, E. J. (1997). Toward a hermeneutic model of ethical
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Coyle, B. R. (1999). Practical tools for rural psychiatric
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Erickson, S. H. (1990). Counseling the irresponsible AIDS
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506 VERGÉS
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(2007). Practical and ethical assessment issues in rural,
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CONTEXT IN ETHICAL DECISION MAKING 507
Copyright of Ethics & Behavior is the property of Taylor &
Francis Ltd and its content may not be copied or
emailed to multiple sites or posted to a listserv without the
copyright holder's express written permission.
However, users may print, download, or email articles for
individual use.
Week 1 - Assignment
Ethical Decision-Making
Your review of the literature and professional ethics codes
addresses the importance of resolving ethical dilemmas
systematically and following established decision-making steps
to resolve dilemmas effectively. As ethical codes do not provide
specific solutions for ethical dilemmas, applying established
ethical decision-making steps along with an understanding of
established ethical codes is essential. Taking a systematic
approach to ethical decision-making contributes to effective
professional practice and ethical resolutions consistent with
clients’ best interests.
In a 1,050- to 1,400-word (or 3- to 4-page) paper (excluding
references and title page), based on the scenario below, discuss
how you would apply systematic steps toward a resolution of
the dilemma as a consultant hired by Wells Fargo. Discuss the
specific steps of the decision-making model you would take in
making an ethical decision. How might you include the client in
making your decisions? In what way or ways is accounting for
the ethics code important for decision-making? To support your
responses, in addition to the required readings, cite at least two
scholarly references.
Scenario
Wells Fargo was the darling of the banking industry, with some
of the highest returns on equity in the sector and a soaring stock
price. Top management touted the company’s lead in “cross-
selling”: the sale of additional products to existing customers.
“Eight is great,” as in eight Wells Fargo products for every
customer, was CEO John Stumpf’s mantra.
In September 2016, Wells Fargo announced that it was paying
$185 million in fines for the creation of over 2 million
unauthorized customer accounts. It soon came to light that the
pressure on employees to hit sales quotas was immense: hourly
tracking, pressure from supervisors to engage in unethical
behavior, and a compensation system based heavily on bonuses.
Wells Fargo also confirmed that it had fired over 5,300
employees over the past few years related to shady sales
practices. CEO John Stumpf claimed that the scandal was the
result of a few bad apples who did not honor the company’s
values and that there were no incentives to commit unethical
behavior. The board initially stood behind the CEO, but soon
after received his resignation and “clawed back” millions of
dollars in his compensation.
Further reporting found more troubling information. Many
employees had quit under the immense pressure to engage in
unethical sales practices, and some were even fired for
reporting misconduct through the company’s ethics hotline.
Senior leadership was aware of these aggressive sales practices
as far back as 2004, with incidents as far back as 2002
identified.
The Board of Directors commissioned an independent
investigation that identified cultural, structural, and leadership
issues as root causes of the improper sales practices. The report
cites the wayward sales culture and performance management
system; the decentralized corporate structure that gave too much
autonomy to the division’s leaders; and the unwillingness of
leadership to evaluate the sales model, given its longtime
success for the company.
Resources
Required References
American Psychological Association. (2017). Ethical Principles
of Psychologists and Code of Conduct, Including 2010 and 2016
Amendments [Web page]. Retrieved
from http://www.apa.org/ethics/code/ (Links to an external
site.)
Jungers, C. M., & Gregoire, J. (2016, July 1). Authenticity in
ethical decision making: Reflections for professional
counselors. The Journal of Humanistic Counseling, 55(2), 99-
110. doi:10.1002/johc.12027
Verges, A. (2010). Integrating contextual issues in ethical
decision making. Ethics & Behavior, 20(6), 497-507.
doi:10.1080/10508422.2010.521451
JUNGERS, C. M., & GREGOIRE, J. (2016). Authenticity in
Ethical Decision Making: Reflections for Professional
Counselors. Journal of Humanistic Counseling, 55(2), 99–110.
https://doi.org/10.1002/johc.12027
Journal of HumaNisTic cOuNsELiNG ◆ July 2016 ◆ Volume 55 99

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Journal of HumaNisTic cOuNsELiNG ◆ July 2016 ◆ Volume 55 99

  • 1. Journal of HumaNisTic cOuNsELiNG ◆ July 2016 ◆ Volume 55 99 © 2016 by the American Counseling Association. All rights reserved. Received 06/22/15 Revised 11/18/15 Accepted 11/23/15 DOI: 10.1002/johc.12027 Authenticity in Ethical Decision Making: Reflections for Professional Counselors Christin M. Jungers and Jocelyn Gregoire ◆ ◆ ◆ Ethical competence, maturity, and autonomy are foundations of good counseling; however, ethical autonomy can be eroded by a risk-management approach to ethics that tends to con- strict counselors’ creative responses to dilemmas. This article offers reflections on the notion of authenticity as described by existentialist philosophers Søren Kierkegaard and Martin Heidegger, as a means by which to balance risk-management and reductionist perspectives on ethics and to foster ethical autonomy. Applications of
  • 2. authenticity to counselors’ ap- proach to ethics are suggested, as are limitations of this concept as a stand-alone framework for decision making. Keywords: ethics, decision making, authenticity, autonomy ◆ ◆ ◆ Ethical maturity, ethical autonomy, and ethical competence are bedrocks of good counseling and enable professional helpers to act benevolently toward clients (Ivey, Ivey, & Zalaquett, 2014). The counseling profession offers clinicians a number of means by which to shape their professional ethical selves. Primary among these is the ACA Code of Ethics (American Counseling Association [ACA], 2014) and the codes of the parent association’s divisions and sister organizations, such as the American School Counselor Association and the American Association of Marriage and Family Therapists. These codes are an invaluable and foundational tool for ethical decision making, because they represent current thought about evolving issues (Kaplan et al., 2009). In addition to the codes, ethical principles such as nonmaleficence, beneficence, autonomy, fidelity, and justice are often a point of reflection when clinicians are trying to reason through a clinical dilemma (Beauchamp & Childress, 1979; Kitchener, 1984; Urofsky, Engles, &
  • 3. Engebretson, 2008). Pragmatism and experience likewise have inspired counselors to generate decision-making models that can be applied to ethical issues (e.g., Corey, Christin M. Jungers, Clinical Mental Health Counseling Department, Franciscan University of Steu- benville; Jocelyn Gregoire, Department of Counseling, Psychology, and Special Education, Duquesne University. Correspondence concerning this article should be addressed to Christin M. Jungers, Clini- cal Mental Health Counseling Department, Franciscan University of Steubenville, 1235 University Boulevard, Steubenville, OH 43952 (e-mail: [email protected]). 100 Journal of HumaNisTic cOuNsELiNG ◆July 2016 ◆ Volume 55 Corey, & Callanan, 2011; M. Hill, Glaser, & Harden, 1995; Rest, 1984; Sileo & Kopala, 1993; Steinman, Richardson, & McEnroe, 1998; Tarvydas, 1998; Tymchuk, 1986; Welfel, 2010). Decision-making models provide clinicians with steps for reflection and suggestions for consultative actions before they settle on a decision about an ethical dilemma. Finally, professional wisdom from those who have researched or resolved problems in the field is accessible in the counseling literature and can be reviewed when one is in need of counsel. For example, Pope and Keith-Spiegel
  • 4. (2008) recom- mended a set of helpful tips for addressing boundary dilemmas, although their insights easily can be applied to other ethical issues. While acknowledging the value and necessity of the aforementioned resources for building ethical competence, we believe there is room for further conversation about how to foster ethical maturity and autonomy in the counseling field. The study of ethics in counselor education programs and the practice of working through ethical dilemmas, especially early in one’s career, sometimes can be experienced as an exercise in learning one’s ethical obligations and making sure one knows what not to do to protect one’s license or avoid a lawsuit. It is our opinion that the understanding and implementation of ethics in counseling has the distinct possibility of being limited by a reductive, risk-management approach to decision making. This is evidenced, in part, by literature that highlights the liability aspect of ethical decision making across the helping professions (e.g., Hermann & Herlihy, 2006; Hoffman & Kress, 2010; Magnuson, Norem, & Wilcoxon, 2000; Nolan & Moncure, 2012; Reamer, 2013; Sanders, 2006). There are problems with this approach to learning and practicing ethics. First, it tends neither to expand perspectives on what is good and right
  • 5. or bad and wrong, nor to fully appreciate the complexity of the human condition and the therapeutic relationship. Second, it does not encourage professionals to examine a range of possible behaviors that can be enacted with the good of the client in mind (Lazarus, 1994). Third, it can foster habits by which counselors relinquish their interested and passionate involvement in the process of making ethical decisions. In an article that set out to define a humanities vision for the counseling field, Hansen (2012) proposed that the profession has been so influenced by a reductive, scientific ideology that counselors are trained to oversimplify the human experience and disregard a variety of perspectives on clini- cal issues in favor of the scientific view. Referring to the role of scientific ideology in the counseling profession, Lemberger (2012) similarly noted that, “[m]any counseling researchers and practitioners have embraced a system that compels these professionals to take a reductionistic stance in their scholarly and therapeutic work” (p. 166). The danger of this trend is that creativity, innovation, and the ability to be critical as a professional counselor can be lost (Hansen, 2012). We believe that what Hansen (2006, 2012) observed generally about counseling’s emphasis toward
  • 6. simplification and quest for a single truth (as exemplified in evidence-based treatment Journal of HumaNisTic cOuNsELiNG ◆ July 2016 ◆ Volume 55 101 and best practice movements) is also at least partially true for the approach to and application of ethics. Notably, Cottone (2014) recently questioned whether counselors are even permitted to act autonomously in light of an ever more prescriptive ACA Code of Ethics (ACA, 2014). He stated, On the issue of constraint, the counseling profession has limited the rights of counselors to morally object to certain actions defined within the counseling scope of practice, thereby nullifying the autonomy of practicing professionals. For example, if an ethics code prevents a counselor from conscientious objection regarding judgments about which clients may be served, it challenges the counselor ’s right to make decisions free of the shackles of professional imposition. (p. 243) The sword of Damocles metaphorically hangs over counselors’ heads when they are faced with ethical quandaries, and the safest, surest way out from under this perilous spot is to consult and ultimately abide by a
  • 7. single truth: the ACA Code of Ethics (ACA, 2014). Our purpose in critiquing the reductive, risk-management approach to ethics and the “single truth” as embodied by the ACA Code of Ethics is not to suggest that either this approach to decision making or the ACA Code of Ethics itself are not useful; both, in fact, are necessary, as they represent and refer to the social, profes- sional, and even political worlds in which counselors operate. Rather, we are pondering what is lost when counselors abide. In this article, we take to heart Hansen’s (2012) suggestion that from a hu- manities view of things, good counselors are akin to professors of literature or philosophy who explore important huma n questions, appreciate meaning, value subjectivity, and engage in dialogue and debate with colleagues for the purpose of expanding perspectives rather than constricting or simplifying them. Like other counselors in the humanistic tradition (e.g., Dollarhide & Oliver, 2014; Scholl, McGowan, & Hansen, 2012), we are invested in helping professionals engage in their work, and ethical reasoning in a way that is not reductive or taken for granted, but rather that supports and advances human and professional potentials. To that end, we also hope that this article helps counselors think about the self-development or intrapersonal aspects
  • 8. of counselor ethics. The relevance of self-development to counselor ethics is confirmed by virtue ethicists who point out that qualities of an individual’s personhood, such as sensitivity to others’ needs, reflectivity, openness, and awareness of personal biases, are useful to ethical decision making, as are developed habits of ethical behavior (A. L. Hill, 2004; Punzo & Meara, 1993; Stewart-Sicking, 2008). Our goal, therefore, is to consider the process and outcomes of ethical decision making from a philosophical — especially an existentialist—perspective, with an emphasis on the concept of authenticity. By considering this particular philosophical notion, counselors might think about not just what they are required to do ethically, but how they can (a) imagine a variety of ethical responses to clinical quandaries, (b) act in a way that is professionally upstanding, and (c) strive toward an autonomous ethical self that makes use of the wisdom of the professional counseling community 102 Journal of HumaNisTic cOuNsELiNG ◆July 2016 ◆ Volume 55 but also does not surrender free and informed thinking to keep in lockstep with the majority view.
  • 9. HistoriCaL and PHiLosoPHiCaL sketCH of autHentiCity The notion of authenticity in the Western world developed in the 17th and 18th centuries when society began viewing the person as a unique and valuable individual rather than as a cog in the system whose worth and purpose was related to the ability to fulfill one’s social role and responsibili- ties (Varga & Guignon, 2014). A sharp attention to the individual during these early and subsequent centuries opened the door for philosophers to challenge conformist social behavior, as well as critique some long-held virtues, such as honesty and sincerity, both of which esteemed behavior that aligned with the expectations of a person’s place in society. According to Varga and Guignon (2014), the virtue of sincerity eventually was traded for the virtue of authenticity, which generally holds that being true to oneself for its own sake is preferable to being sincere as a means to uphold social norms or act as a placeholder in society. The popularization of authenticity as a virtue is attributable largely to existentialists such as Søren Kierkegaard (1813–1855), Martin Heidegger (1889–1976), and Jean-Paul Sartre (1905–1980). The meaning of authenticity to each of these philosophers is related to his broader work and
  • 10. thought; how- ever, the concept as they deal with it nevertheless tends to involve a critique of conformist attitudes and behavior and, simultaneously, an encouragement toward ownership of one’s own self and one’s place in the world. These qualities are what interest us insofar as they challenge counselors not to see ethics primarily in a risk-management light and not to come to ethical deci- sions in a fashion that focuses on the outcome (i.e., enacting the code) to the detriment of reflection, engagement, and personal commitment and respon- sibility to the decision. In addition, the notion of authenticity is connected to that of autonomy, which also is of interest to us here. Both concepts suggest that it is worthwhile for people to foster self-directed and self- governing qualities so that ethical decisions are made through one’s own reasoning and reflections about how to live life rather than necessarily in accord with an external set of standards or guidelines (Varga & Guignon, 2014). In the rest of this section, we examine aspects of Kierkegaard’s and Heidegger’s philosophies as two means through which to expand our understanding of authenticity. We also consider how these philosophers’ sense of this notion might advance the development of counselors’ ethical professional selves.
  • 11. Kierkegaard on Authenticity The beginning of the quest for authenticity is tied tightly by many writers to Kierkegaard’s (1996) yearning to find a truth that made sense to him and Journal of HumaNisTic cOuNsELiNG ◆ July 2016 ◆ Volume 55 103 for which he personally could commit both his life and death. A central concern in Kierkegaard’s philosophy was how one goes about becoming a Christian. A fierce critic of his age and especially of his own Christian com- munity, Kierkegaard believed that being a Christian had nothing to do with being born or raised in that faith community or even with holding the tenets of Christianity. In themselves, these features did not lead to an authentic Christian existence. Indeed, he accused his contemporaries of being lulled into a passionless complacency—a sort of spiritual sickness— that led them into living inauthentic existences and espousing nonidentities (Welstead, 2014). The inauthentic existence was strongly associated for Kierkegaard with the crowd, which he saw not only as a source of untruth but also as a way of undermining people’s sense of responsibility, purpose, and invest-
  • 12. ment in their lives. Kierkegaard contended it was too easy to get lost in a crowd mentality and thereby relinquish one’s own self, never committing to an idea in which one truly believes. As a way out of the complacent attitude toward life and faith he observed around him, Kierkegaard turned to subjectivity. Specifically, he suggested that being authentic involves cultivating inner passion to be who one truly is, such that one’s being becomes an issue for an individual — not abstractly but personally (Pattison, 2005). Moreover, the authentic person is one who fervently believes in and commits to something or someone and then takes a leap of faith into the unknown to participate fully in the commitment. An example of this kind of dedication and leap of faith can be seen in marriage insofar as it requires a person to jump into the unknown future to live in the relationship to which one has pledged himself or herself. In Kierkegaard’s case, the authentic existence ultimately was related to a strong personal dedication and leap of faith to God and Christianity. Although Kierkegaard’s religious worldview and his conclusion about the normative human existence culminating in Christian dedication might not fit for all counselors, his philosophical reflections on authenticity still
  • 13. have much to offer clinicians who appreciate a humanities view of their profession and who are seeking to become ethically mature and autonomous. First, Kierkegaard reminds us that the way in which one approaches and participates in a moral framework, such as a code of ethics, is meaning- ful. Commenting on Kierkegaard’s work, Golomb (2013) highlighted this point, saying, “authentic life has less to do with a specific content, a what, and more to do with some particular existential walk of life, with a how” (p. 2). In other words, accepting a professional counseling worldview, including its moral framework as embodied in the code of ethics, because it is handed down from the community of helpers to which one belongs is not sufficient, nor does it make one a de facto authentic helper. On the other hand, if counselors take Kierkegaard’s understanding of authenticity to heart, they will ask themselves not only what the code of ethics recom- mends them to do in particular situations but also, more importantly, how they personally will become ethical and dedicated counselors. Moving to 104 Journal of HumaNisTic cOuNsELiNG ◆July 2016 ◆ Volume 55
  • 14. this subjective level entails deep, individual engagement with the mission of the counseling profession and the principles upon which it is grounded. The ACA Code of Ethics (ACA, 2014) outlines the profession’s mission to include such things as sensitivity to human development processes, re- spect for diversity, appreciation of clients’ autonomy and human dignity, engagement in social justice advocacy, and skillful and ethical practice—all in support of a client’s inalienable personal worth. This mission is the foun- dation from which ethical decisions are intended to flow. Counselors act with authenticity when they reflect on the mission to support human worth and dignity, personally choose to support that mission, and are cautious not to use professional group membership unthinkingly as a justification for their ethical decisions. Second, Kierkegaard’s appeal to passion is a challenge to the compla- cency for the profession that can overcome counselors when they fall into using a risk-management approach to ethics. Risk management, with its emphasis on legal culpability, extinguishes passion and replaces it with self-serving fear. In a sense, risk management turns counselors inward, but it is an inwardness not directed at identifying that which one can live
  • 15. and die for, as Kierkegaard sought. Instead, it is an inwardness aimed at self-preservation. Operating from this mindset, counselors in the process of making an ethical decision might ponder a question such as “What must I do to be safe rather than sorry?” It is easy to imagine that when counsel- ors rely on risk management as a way of resolving ethical conflicts, they have the potential to become part of the crowd that accepts the ACA Code of Ethics (ACA, 2014) as a statement of truth without fervently engaging it or the mission of the profession on which it is grounded. When counselors are interested in being authentic in a Kierkegaardian sense, however, they cultivate an inward passion that extends outward to the profession and the people they serve. Likewise, they are willing to take a leap of faith into the mission of the profession and its investment in honoring clients’ dignity and worth (ACA, 2014), even if making that leap might not be fully aligned, at times, to best practice recommendations. Heidegger on Authenticity Turning now to Martin Heidegger, we see that the concept of authenticity, primarily as described in his work Being and Time (1927/1996), is grounded in his understanding of human existence and in the responsibility that he
  • 16. believed each person has to his or her own being. He used the term Dasein, or being-there (Macquarrie, 1968), to characterize the central nature of that existence, which is distinguished “by the fact that in its being, this being is concerned about its very being” (Heidegger, 1927/1996, p. 10). It is not some set of objectively determined qualities or properties of human persons that characterize their nature; rather, human beings are characterized by the reality that their existence is an issue for them, and they must decide Journal of HumaNisTic cOuNsELiNG ◆ July 2016 ◆ Volume 55 105 about their being. Describing Dasein, Heidegger (1927/1996, p. 10) says, “the essential essence of this being cannot be accomplished by ascribing to it a ‘what’ that specifies a material content, because its essence lies rather in the fact that it in each instance has to be its being as its own.” This concern for its own existence is a primary reason why human persons stand out from all other objects or creatures in the world (Macquarrie, 1968). Looking more carefully at the meaning of human existence, we see that Heidegger conceptualized three main attributes of Dasein. First,
  • 17. Dasein is always in the process of becoming and is never complete in itself. One can- not say that there are fixed or determined properties of the human person because the person is constituted fundamentally by his or her possibilities (Macquarrie, 1968). This is in contrast to the way one might describe the properties of other objects in the world and trust that those properties will remain true and the same from day to day. Second, Dasein is characterized by a “unique mineness” (Macquarrie, 1968, p. 13). Heidegger (1927/1996) put it this way: “The being which this being is concerned about in its be- ing is always my own” (p. 40). He is conveying that the human person is unique unto himself or herself and is not to be replaced by any other person. Although one might exchange one object for another similar object and never notice the difference, the same is not true of the human person, who in her or his uniqueness cannot be replaced by any other individual. Finally, Heidegger (1927/1996) says that Dasein is possibility. Possibility is much more than a characteristic or property of the human being; rather, as Heidegger expresses, it is what is essential to its being. In describing Dasein as possibility, Heidegger talked about authenticity and inauthenticity. Authentic existence involves the self-
  • 18. possession of one’s possibilities for being, whereas inauthenticity is characterized by a turning away from or relinquishing of one’s potential for becoming by living a sort of everyday mode of existence (Macquarrie, 1968). Heidegger (1927/1996) noted that it was fairly common for people to exist inauthentically. The everydayness or averageness of the world entices people to blindly follow mainstream views, rules, or ideas; to get subsumed in routines and tasks of life; and to live as part of the collective mass rather than as a unique individual. Additionally, in an everyday way of being in the world, people relate to their environment and the objects within it as instruments; that is, objects within the environment are “ready-to-hand” or significant primar- ily to the extent that they are tools available to address people’s practical concerns (Macquarrie, 1968). Without denying that people exist in—and are always in relationship to—a world constituted by certain environmental realities that set parameters for how one lives and works, Heidegger (1927/1996) prompted people to pursue possibility within their social structures. To do this involves a degree of resoluteness, or an engagement in the world that fully acknowledges the structures of everyday life and situations and, concurrently,
  • 19. does not yield to them or the collective mass (Carman, 2003). From Heidegger’s 106 Journal of HumaNisTic cOuNsELiNG ◆July 2016 ◆ Volume 55 perspective, people who act with authenticity do not use their consciences to rubber-stamp decisions that fit established moral frameworks or cultural ideals, but they resolutely make decisions that allow them to become their “own-most persons.” Perhaps the most powerful means by which a person embraces his or her own-most possibility and acts with authenticity is in recognizing the limited nature of existence. Heidegger contended that the process of living is best worked out when people strive to take hold of their potentials for being that always are out in front them; death puts the life project into perspective. Heidegger pointed out that death places a limit on life, sets a boundary around it in such a way that one cannot help but realize that being and existence belong completely to oneself, and thus one bears responsibility to the decisions to be made in this life. Counselors who aim to develop their autonomous ethical selves, and who also value a humanities view of counseling, can garner a
  • 20. number of lessons from Heidegger’s (1927/1996) insights into authenticity. First, in a counseling profession that currently emphasizes scientific ideology and tends to constrict perspectives on good and helpful approaches to counselor education, research, and intervention (Hansen, 2012; Lemberger, 2012), Heidegger’s work presents the value of possibility in and of itself. His philosophy, which is rooted in an understanding of the human person as possibility and a conceptualization of authenticity that calls for participation in one’s possibilities, challenges the reductive movement in the counseling field. Hansen (2012) pointed to things such as symptom checklists, identi- fied learning competencies for students, diagnostic approaches to care, and specialized skills training to exemplify how the profession has simplified and technicalized counseling and education; we add to this list a risk- management, reductive approach to ethics in which the right response to ethical dilemmas is treated as if it is contained within and mandated by the code. This type of approach to ethics does not tend to encourage counselors to expand their imaginations about how best to respond to ethical issues; it simplifies the range of responses to those that will minimize or prevent liability. Some options for how to serve clients caringly and
  • 21. with dignity are likely left off the table. Heideggerian authenticity invites counselors to recognize and engage their personal and professional possibilities as a means to expand their own and the profession’s potentialities through the choices they make with regard to ethical dilemmas. Second, the notion of authenticity challenges counselors to take full own- ership of their personal and professional possibilities, even while operating within the given structures of the counseling world. There is perhaps no other document that so specifically describes the parameters of the counselor’s role and world as the ACA Code of Ethics (ACA, 2014). It puts boundar- ies around such things as the roles and responsibilities of counselors and clients, treatment of information revealed in the therapeutic environment, use of technology, record keeping, appropriate and inappropriate referral practices, and so on. Heidegger (1927/1996) fully acknowledged that people Journal of HumaNisTic cOuNsELiNG ◆ July 2016 ◆ Volume 55 107 are thrown into a world constituted by a large number of givens and social or professional conventions, such as those outlined for
  • 22. counselors in the ACA Code of Ethics. Yet, his philosophy challenges people to be resolute while they are living in relationship to the world. Heidegger’s concern was that people too readily can become subsumed into the everydayness of the environment in which they exist. This happens when people surrender to conformist mentalities and routines to the extent that they lose their distinc- tive existence. Becoming an authentic and autonomous ethical counselor, therefore, involves guarding against a collectivistic mentality in which one unreflectively participates in the counseling world and accepts enacting ethical mandates as if disconnected from them. Furthermore, it requires counselors to be aware of, but also resolutely go beyond, the parameters of convention. In a sense, the ACA Code of Ethics both creates structure in the counseling world and is an instrument of that world that counselors use to address their practical concerns (i.e., ethical di lemmas). As a tool ready-to-hand, the ACA Code of Ethics can guide counselors toward deci- sions that indicate care for clients; conversely, it also can be absorbed by clinicians as a thing of convention that fails to inspire, and instead becomes a taken-for-granted backdrop of our professional engagements. This tool might even become a source of social pressure that dictates
  • 23. what counsel- ors can or cannot do in the name of “being ethical.” Authentic existence is meant to involve us in a dimension of the world that transcends the mere instrumental. Going beyond starts by acknowledging one’s limitedness (i.e., the reality of death) such that one’s being comes into focus and one cannot help but take responsibility for one’s own-most possibilities and, to a degree, for the world in which one lives. As counselors contemplate their own possibilities and those of the profession in an authentic way, they take pains not to consider ethical practices or actions only outlined in the ACA Code of Ethics. They seek to at least consider the possibility that caring for clients during ethical quandaries might entail creative and in- novative actions, similar to what is encouraged by a humanities vision of counseling. They ponder—and possibly enact—resolutions that can shape the counseling world in new ways. Ultimately, being authentic means that counseling professionals stand out in their professional world by taking full responsibility and ownership over their ethical decisions even—and especially—if they are not fully in compliance with current practices. LiMitations and ConCLusions about usinG autHentiCity in etHiCaL reasoninG
  • 24. The purpose of focusing on the notion of authenticity is to challenge the somewhat complacent or even disinterested attitude that can settle in when risk management becomes the usual means through which to resolve both weighty ethical dilemmas and more ordinary ethical decisions. We acknowledge that there are limits to using authenticity alone as a moral 108 Journal of HumaNisTic cOuNsELiNG ◆July 2016 ◆ Volume 55 compass. Numerous writers (e.g., Golomb, 2013; Lodge, 2007; Varga & Guignon, 2014) have noted that overemphasizing one’s own self-created and self-imposed guidelines or one’s passions when resolving moral issues can lead to (a) a distorted sense of morality and (b) a failure to apply com- monly agreed upon ethical standards in decision making. Golomb (2013) asked, “if an authentic mode of living requires an individual’s total and passionate commitment and uncompromising rejection of anything that is alien or contradictory to it—could it be that a passionate Nazi or religious fanatic is to be regarded as an authentic subject deserving of our highest esteem?” (p. 4). His question cannot be ignored. Varga and
  • 25. Guignon (2014) noted that the concept of authenticity suggests a false dichotomy between the person and the community. With its extensive focus on the individual and the individual’s inner life and passions, the notion of authenticity can seem to suggest that the person fundamentally exists apart from the com- munity. These critiques of authenticity both are concerned that, in striving to be authentic, a person will become encapsulated in his or her own world and misperceive or devalue core principles and standards of care worth considering when making ethical decisions. is one to abandon the notion of authenticity as useful to counselors’ decision-making process in light of these limitations? We would say no. at the beginning of this article, we noted that a foundation of good counseling includes competence, maturity, and autonomy in the area of ethical deci- sion making. Competence refers to a counselor ’s minimum knowledge base and skill level to be able to do the work that a counselor does. included in this knowledge base and skill set are comprehension of and ability to enact professional ethical standards and an appreciation for counselors’ positive view of the human person, such as is outlined in a humanities vision of the person as holistic and possessing inherent dignity,
  • 26. worth, and yearnings toward growth (scholl et al., 2012). Ethical competence is shaped when counselors maintain a connection with their professional world and use that world to inform ethical decision making insofar as it is grounded in an appreciation for the respect and dignity of all persons (aca, 2014). The counseling world can provide a “what”—that is, a moral framework necessary for ethical decision making. The ACA Code of Ethics (aca, 2014), in particular, acts as a balance to a counselor ’s own self- created guidelines and subjective sense of right and wrong. it cannot and should not be discarded in the pursuit of authenticity. However, insofar as counselors desire to develop ethical autonomy and not to accept risk man- agement and reductionism in their approach to doing ethics, authenticity is useful. The benefits of cultivating authenticity are that this virtue can help counselors (a) reorient their reflections on how to become personally invested and ethical professionals; (b) passionately and personally engage the mission of the profession upon which its moral framework rests; (c) fully acknowledge the variety of possibilities at hand for resolving ethical issues, not just those described in the ACA Code of Ethics; and (d) resolutely
  • 27. Journal of HumaNisTic cOuNsELiNG ◆ July 2016 ◆ Volume 55 109 own the ethical decisions they make. ultimately, being authentic means forging a professional self that is fully conscious, informed by the profes- sion’s mission, and freely able to engage one’s own and the profession’s possibilities for growth and development. referenCes american counseling association (2014). ACA code of ethics. alexandria, Va: author. Beauchamp, T. L., & childress, J. F. (1979). Principles of bio- medical ethics. Oxford, uK: Oxford university Press. carman, T. (2003). Heidegger’s analytic: Interpretation, discourse, and authenticity in being and time. cambridge, uK: cambridge university Press. corey, G., corey, m. s., & callanan, P. (2011). Issues and ethics in the helping professions. Pacific Grove, ca: Brooks/cole. cottone, R. R. (2014). On replacing the ethical principle of autonomy with an ethical principle of accordance. Counseling and Values, 59, 238–248. doi:10.1002/j.2161-007X.2014.00054 Dollarhide, c. T., & Oliver, K. (2014). Humanist professional identity: The transtheoretical tie that
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  • 29. J. Rave & c. c. Larsen (Eds.), Ethical decision making in therapy: Feminist perspectives (pp. 18–37). New York, NY: Guilford. Hoffman, R. m., & Kress, V. E. (2010). adolescent non-suicidal self-injury: minimizing client and counselor risk and enhancing client care. Journal of Mental Health Counseling, 32, 342–347. ivey, a. E., ivey, m. B., & Zalaquett, c. P. (2014). Intentional interviewing and counseling: Facili- tating client development in a multicultural society. Belmont, ca: Brooks/cole. Kaplan, D. m., Kocet, m. m., cottone, R. R., Glosoff, H. L., miranti, J. G., moll, E. c., . . . Tarvydas, V. m. (2009). New mandates and imperatives in the revised ACA Code of Ethics. Journal of Counseling & Development, 87, 241–256. Kierkegaard, s. (1996). Papers and journals: A selection. (a. Hannay, Trans.). London, uK: Penguin Books. Kitchener, K. (1984). intuition, critical evaluation and ethical principles: The foundation for ethical decisions in counseling psychology. The Counseling Psychologist, 12, 43–55. Lazarus, a. a. (1994). How certain boundaries and ethics diminish therapeutic effectiveness. Ethics & Behavior, 4, 255–261. Lemberger, m. E. (2012). a return to the human in humanism: a response to Hansen’s hu- manistic vision. The Journal of Humanistic Counseling, 51,
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  • 32. 155). upper saddle River, NJ: Prentice Hall. Tymchuk, a. J. (1986). Guidelines for ethical decision making. Canadian Psychology, 27, 36–43. urofsky, R. i., Engels, D. W., & Engebretson, K. (2008). Kitchener ’s principle ethics: implica- tions for counseling practice and research. Counseling and Values, 53, 67–78. Varga, s., & Guignon, c. (2014). authenticity. in E. Zalta (Ed.), The Stanford Encyclopedia of Phi- losophy. Retrieved from http://plato.stanford.edu/archives/fall2014/entries/authenticity Welfel, E. R. (2010). Ethic in counseling and psychotherapy: Standards, research, and emerging issues (4th ed.). Pacific Grove, ca: Brooks/cole. Welstead, a. (2014). Kierkegaard’s movement inward: subjectivity as the remedy for the malaise of the contemporary age. The Heythorp Journal, 55, 809–816. ◆ ◆ ◆ Copyright of Journal of Humanistic Counseling is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use.
  • 33. VERGÉSCONTEXT IN ETHICAL DECISION MAKING Integrating Contextual Issues in Ethical Decision Making Alvaro Vergés Department of Psychological Sciences University of Missouri-Columbia Many issues in ethics arise in relation to the contexts in which psychologists work. However, most ethical decision-making models reproduce the way in which psychologists tend to approach ethics by focusing on ethical dilemmas and proposing a step-by-step response to deal with them. Although these models might be useful, their emphasis on reactive approaches and their lack of contextualiza- tion constitute significant limitations on their applicability. In this article, an approach to ethical deci- sion making that highlights the importance of the context in developing proactive strategies to solve ethical issues is proposed. This approach is further explained through its application to medical and rural settings. The implications of these suggestions to the training in ethics are finally discussed. Keywords: ethics, ethical decision making, ethical dilemmas, training Many conflicts in ethics arise in direct relation to the contexts in which psychologists work. For
  • 34. example, problems with boundaries in rural settings where overlapping relations are common or with confidentiality in medical settings where records of patients are shared by different profes- sionals, emerge before the psychologist has even started to work. Clinical psychologists, as well as other mental health professionals, tend to think about ethics as a circumscribed problem related to their specific work in the treatment room. However, their responsibility goes beyond the time and space of the therapeutic process, and their ethical concerns should begin in the moment they start to know the contexts in which they will work. Most ethical decision-making models reproduce the way in which psychologists tend to ap- proach ethics. The major concerns of these models are the ethical dilemmas and the sequence of steps necessary to deal with them. Although these models are useful, they emphasize reactive ap- proaches to ethical issues and overlook preventive measures that might help solving ethical prob- lems before they arise. Moreover, ethical decision-making models tend to be abstract statements about how psychologist should behave and do not take into account the different contexts in which they might be applied. Attempts have been made to modify existing ethical decision- making models in a way that in- corporates these issues. For example, ethical decision-making models to be used in contexts as di- verse as military operations (Stephenson & Staal, 2007) or the work with AIDS patients (Erickson, 1990) have been proposed. In this article, the limitations of these kinds of models are
  • 35. ETHICS & BEHAVIOR, 20(6), 497–507 Copyright © 2010 Taylor & Francis Group, LLC ISSN: 1050-8422 print / 1532-7019 online DOI: 10.1080/10508422.2010.521451 Correspondence should be addressed to Alvaro Vergés, 200 South Seventh Street, Department of Psychological Sci- ences, University of Missouri-Columbia, Columbia, MO 65211. E-mail: [email protected] addressed, together with the suggestion that a different approach should be implemented to inte- grate the context into ethical decision making. Examples of the application of this approach to medical and rural settings are provided. Finally, the implications of these suggestions to training in ethics are discussed. ETHICAL DECISION-MAKING MODELS Ethical decision-making models originally emerged as a response to the limitations of mandatory ethics, centered in the creation of universal principles and standards that guide the ethical behav- ior of psychologists in the most diverse situations (Tymchuk, 1982). As stated by Stephen Behnke (Barnett, Behnke, Rosenthal, & Koocher, 2007), the idea that the correct answer to an ethical di- lemma comes from external prescriptions was considered both impossible and undesirable. It was impossible because the complexity of situations in which psychologists are involved make it im- practicable to create a standard for every single ethical problem.
  • 36. It was also undesirable because it implied the idea of psychologists as passive appliers of ethical prescriptions. In contrast, ethical decision-making models promoted an active processing of ethical principles and standards in or- der to generate a creative response to a particular ethical problem (Seitz & O’Neill, 1996). More- over, ethical decision-making models analyze ethical behavior in the light of the process through which a course of action is selected, instead of just considering the final action. This implies that a “right action” is discerned not only by its consequences but also by reviewing the steps that led to it (Garfat & Ricks, 1995). In a review of the ethical decision-making models proposed between 1984 and 1998, Cottone and Claus (2000) analyzed theoretically and empirically based models. Among the models in- cluded in their review, there are some that consider contextual issues in the process. For example, the feminist model of Hill, Glaser, and Harden (1998) considers the social context in which the ethical dilemma arises. Similarly, Betan (1997) developed a model based on hermeneutics, incor- porating the context in which the therapeutic relationship occurs into the narrating process that characterizes ethical decision making according this author. Furthermore, Cottone’s (2001) social constructivist approach states that the process of solving an ethical dilemma takes place in the in- teraction among people and not in the individual mind of the psychotherapist. However, none of these models provide explicit guidelines on how the context should be incorporated in the process. Moreover, with the exception of Welfel’s (2006) model, which
  • 37. includes a first step of developing ethical sensitivity, most models reviewed by Cottone and Claus start with the identification of rel- evant aspects of the problem, that is, they consider the ethical dilemma as the starting point for ethical deliberation and do not mention preventive steps to impede the occurrence of the ethical dilemma. One of the models reviewed by Cottone and Claus is the one proposed by Garfat and Ricks (1995) for clinical work in child and youth care, which deserves special attention here. In this model, the activity of the self is the core of ethical behavior. The self processes the influences of contextual values, codes of ethics, and standards through a critical and reflective analysis that gen- erates a decision given a context of ethical practice. Once the action is taken, its consequences are evaluated and integrated as feedback to the process and the self. Thus, the whole process is said to be driven by the self, implying a more personalized interpretation and application of general stan- dards that takes into account the context in which the decision must be made. However, in this 498 VERGÉS model the context is still considered after the dilemma has arisen, so that contextual issues are not incorporated in a proactive analysis. Like other models of ethical decision making, Garfat and Ricks’s model seems to describe the self as being activated by the ethical problem, rather than be-
  • 38. ing active before the problem. In recent years, new models of ethical decision making have emerged, most of them focusing in one area, setting, or ethical dilemma, so that the new tendency seems to be the development of an ethical decision model for every specialty in clinical psychology (e.g., Gottlieb, 1993; Knapp & VandeCreek, 2007; Stephenson & Staal, 2007). However, this line of work, although useful in guiding the application of general principles to specific contexts, does not teach how to do the ap- plication by oneself. Do we have to wait until a new ethical decision-making model for a specific setting is published before we start to work in that setting? With the rapid changes that we witness every day in psychology and the reasonable expectation for the emergence of new areas of devel- opment in the near future, it seems more wise to develop skills in the thoughtful examination of new settings to identify as soon as possible the ethical challenges and dilemmas that we are likely to encounter. To identify those skills, it might be useful to consider the influences that affect ethi- cal decision making. INFLUENCES IN ETHICAL DECISION-MAKING PROCESSES One of the first studies that highlighted the role of contextual factors in ethical decision making was conducted by Kurtines (1986). Sixty-four undergraduate students were asked to report their course of action in six different scenarios, categorized as behavioral (involve the analysis of possi- ble consequences) and distributive (don’t involve analysis of
  • 39. consequences) decision-making sit- uations. Individual differences in the use of justice, benevolence, and pragmatism as moral princi- ples and situational factors were included as predictors in regression equations in which the ethical decision was the dependent variable. The results indicate that, although both individual and situational factors significantly predicted ethical decision making, the situational factors tended to be better predictors (i.e., accounted for more variance). In a study involving 258 students of 59 clinical psychology programs, Betan and Stanton (1999) examined the discrepancy between the ability to identify a proper response to an ethical di- lemma and the willingness to act in accordance to that identification. Their results show that only 37% of participants who identified the appropriate response according to the American Psycho- logical Association (APA) Ethics Code (APA, 2002), said that they would actually do what they believed they should do. Furthermore, Betan and Stanton identified emotional and contextual pre- dictors of this discrepancy. They found that participants who stated their willingness to act as they should reported less anxiety and more compassion in relation to the ethical dilemma. Also, these participants reported that their decision was more influenced by ethical and professional concerns, ethics code and education, and clinic-related concerns and less influenced by personal and friend-related concerns. The authors concluded that “psychologists are making inadequate deci- sions about ethical dilemmas in part because they are not well attuned to the influential role of
  • 40. emotions, values, and contextual concerns in ethical discourse” (p. 299). That is, although psy- chologists may know the principles and standards that regulate the profession, their implementa- tion of those principles and standards can be interfered by emotional and contextual issues, espe- cially when they are not aware of those factors. For this reason, “any ethical model used in training CONTEXT IN ETHICAL DECISION MAKING 499 must incorporate these contextual factors in order to awaken therapists’ sensibilities” (p. 299). However, Betan and Stanton’s proposal focuses mainly in the interpersonal context and doesn’t take into account the specific features of the setting in which the ethical problem arises. In a review of the literature on ethical decision making in business environments, O’Fallon and Butterfield (2005) found good empirical support for individual and contextual factors affecting the process of ethical decision making. Among the contextual factors, O’Fallon and Butterfield reported that the existence of a code of ethics tends to be associated with positive measures of ethi- cal decision making. Also, the creation of an ethical climate or culture in an organization fosters the ethical decisions of individuals. Finally, the existence of rewards and sanctions that are consis- tent with ethical behaviors is positively related to ethical decision making. Another contextual factor that according to O’Fallon and Butterfield requires more investigation is the influence of
  • 41. peers. Although these findings apply to the field of business, there is some research suggesting their generalizability to other situations. For example, Mumford et al. (2007) examined the responses of 102 graduate students in programs in biological, health, and social sciences to different scenar- ios reflecting conflictive ethical situations in research. Their results show that some dimensions of both environmental experiences and perceptions of climate in the workplace are associated with ethical decision making. In summary, the accumulated evidence shows that there are contextual factors that systemati- cally influence the processes and results of ethical decision making. If we take these results seri- ously, we should consider taking these factors into account whenever we are confronted by ethical dilemmas and engage in a deliberative decision making process. That implies the use of an ethical decision-making model in combination with an awareness of all the factors that might influence the steps prescribed by the model. However, if this is the case, ethical decision-making models be- gin to appear more overwhelming than useful. A different approach might involve trying to iden- tify and, if possible, modify the contextual factors that influence ethical decisions before the model is applied, that is, applying the model when there is no ethical dilemma to focus on. The next section provides some ideas on how contextual issues might be incorporated into formal ethi- cal decision making.
  • 42. INTEGRATING CONTEXT TO ETHICAL DECISION- MAKING MODELS Traditional ethical decision-making models are useful to avoid impulsive responses to an ethical dilemma. However, this statement can be slightly reframed saying that these models are useful only if they avoid impulsive responses, because once an impulsive response has occurred, there is little more to take from the model. This problem is solved in part if psychologists take a time prior to any ethical conflict to apply a model to their distinctive context and think of alternative solu- tions to problems that have not yet occurred. Thus, if the worse scenario happened and the psy- chologist could not avoid an impulsive response, at least that response would more likely be one that has been considered before, in a better state of mind.1 500 VERGÉS 1A reasonable reader could think at this point that this is what most (or at least some) people already do. That is true. However, the same can be said about most ethical decision- making models. One of the most important goals of an ethical decision-making model is to systematize the best practices in dealing with ethical issues. A more formal exposure of such a process is presented by Kitchener (1984) in a very influential article. She developed a hierarchy of justification for ethical judgments composed of two levels: an immediate, intuitive level and a critical, evaluative level. The intuitive level corresponds to the
  • 43. set of personal beliefs and knowledge (including knowledge about ethics codes) that are applied in most situations when we need to make a moral judgment that does not involve a conflict between different principles. However, when such a conflict arises, or when we need to evaluate or justify decisions made on the basis of intuitive judgment, a more elaborated process for ethical judgment is needed. Here is when the evaluative level is required. This level is, in turn, composed of three tiers of moral justification, namely, ethical rules (including professional codes and laws), ethical principles, and ethical theory. These tiers are also hierarchic ally organized, so that we move to a more abstract tier when a given situation cannot be solved through the application of a previous tier (Kitchener, 1984). The importance of this model for the present discussion resides in two aspects that appear to be overlooked in most of the subsequent models of ethical decision making. First is the inclusion of an immediate, intuitive level of justification that is conformed by personal values and general knowledge but is also influenced by formal training in ethics and personal reflection about every- day practice. This level of justification is not a primitive or secondary aspect of ethical behavior that can be dismissed from further analysis. On the contrary, it must be a central matter in our ethi- cal concerns, and we should take responsibility for the development of a good moral intuition. This involves developing moral awareness and sensitivity, increasing the familiarity with ethics codes and laws and, as we insist here, being aware of the relevant features of the contexts of work
  • 44. in order to develop a set of strategies to address potential conflicts before they emerge. The second aspect of Kitchener’s model to be highlighted here is that the constant application of the critical, evaluative level of moral judgment is assumed to improve our moral intuitions. Moreover, this application does not need an ethical dilemma to be exercised. As Kitchener (1984) stated, Hopefully, by doing the best critical thinking possible when we are not pressed by the immediacy of a situation, we can build up an improved set of ethical rules and principles which will ultimately become part of our redefined intuitive sense. (p. 45) The suggestion made in this article is that “the best critical thinking possible” involves the ap- plication of ethical rules, ethical principles, and ethical theory to the particular context in which professionals work. There are several reasons for including the context in this process of critical thinking. First, the power of the context in influencing the decision-making process, which has been already exam- ined, requires psychologists to pay attention to those sources of interference. Also, although codes, laws, and principles are stated as universally applicable, the demands of an ethical dilemma occur in a very specific situation that sometimes makes the general norms inapplicable. Between the universality of the general norms and the specificity of the particular situation we can identify the context as the relatively stable place where some ethical
  • 45. problems are more or less likely to oc- cur. That is, the context is the natural field where proactive ethical judgment should be applied. If professionals are able to identify the features of their context of work that make the application of general norms more difficult, and use that identification as a starting point to think of potential sit- uations of ethical conflicts, the moment in which those conflicts emerge will not be a moment of CONTEXT IN ETHICAL DECISION MAKING 501 despair and improvisation. Although it is unlikely that this proactive thinking will prevent ethical dilemmas from occurring, the possibility of anticipating some (or most) of the ethical dilemmas in a given context makes the process of ethical decision making a more straightforward and less stressful one. Furthermore, the analysis of the context can also be helpful to identify unethical contexts (e.g., a context where torture is applied) in which there is no possible ethical behavior ex- cept for resigning and denouncing (Lira, 2008). Finally, the integration of contextual consider- ations to ethical decision making has the potential to change the way we think about ethical issues. As we learn to consider the particular aspects of our context of work before we encounter any ethi- cal problem, we will develop a greater awareness of ethical issues, which in turn will help us to make better decisions. Because the absence of specific guidelines to analyze contexts might still discourage some
  • 46. psychologists from considering these suggestions, it may be helpful to present concrete examples of how contextual issues have been identified in the literature and have been used to modify the clinical practice. EXAMPLES The following examples are presented to give an idea of the incorporation of context in ethical de- cision making. It should be noted that these examples are still too general, comprising very differ- ent situations. However, they provide an idea of how the analysis of more particular contexts should be addressed. It should also be mentioned that the analysis of these contexts does not imply that there is something unethical about them, but that they are different from the usual context of psychological practice in relation to which most of the literature on ethics has been developed. Finally, although the context is understood in these examples as the setting in which psychologists work, there are other dimensions that could also be considered as “contextual,” such as the activi- ties in which clients are involved (e.g., sport psychology), the way in which psychologist and cli- ent communicate (e.g., Internet-based psychotherapy), the financial context in which services are provided (e.g., managed care), or the legal dispositions that regulate psychological practice (i.e., differences in laws among states). Ethical Issues in Medical Settings Practicing psychology in medical settings involves several ethical issues that emerge due to the
  • 47. specific features of this context. For instance, the patients who are most likely to receive services in medical settings are different from patients seen in mental health settings. Patients in medical settings tend to have more limited knowledge about the process of psychotherapy or the role of psychologists, are usually referred by other professi onals without a good explanation of the rea- sons for the referral, might be referred as a “last option” when more traditional treatments have failed, and might present limitations in movement (which implies the need for services in their hospital room) or in their ability to make decisions (Belar & Deardorff, 2009; Cooper-Patrick, Crum & Ford, 1994; Pope, 1990). Some characteristics of the organizational culture are also particular in medical settings, where different professionals with a diversity of theoretical frameworks, ways to understand disease, and ways to approach team work can be found, which can lead to difficult situations. Also, the 502 VERGÉS presence of differences in professional codes of ethics might be problematic, as well as the exis- tence of different ways to cope with emotional distress among professionals (Belar & Deardorff, 2009). An environment that behaves in a way that is so different from how psychologists usually behave might affect their ethical decisions unless they anticipate the problems that are likely to emerge (Pope, 1990). To avoid this, psychologists working in
  • 48. medical settings should ask them- selves, for example, What would I do if I have to meet with a patient who cannot move and needs to be seen in a multiple bed room? (issues with confidentiality) or what would I do if there is a con- flict between my patient and the treatment team with regard to the most appropriate treatment? (conflicts of interest). Does this mean that an ethical decision-making model for psychologists in medical settings is necessary? Maybe. But the rapid changes in medical practices and law, as well as the new devel- opments in health psychology (Rozensky, 2006), would probably make such a model obsolete in a few years. A better solution would be to provide training to psychologists who work in medical settings to assist them to analyze their context and anticipate possible ethical conflicts. Ethical Issues in Rural Settings The literature on ethical issues in rural settings constitutes an excellent example of how the analy- sis of contextual issues can lead to a particular and coherent set of ethical guidelines for practice. The features of rural contexts have been described by a number of authors (e.g., Helbok, 2003; Roberts, Battaglia, & Epstein, 1999; Stockman, 1990). Roberts et al. (1999) stated than in com- parison to urban population, rural residents have higher rates of alcohol-related accidents, sui- cides, chronic illnesses, and environmental hazards. Furthermore, they are less likely to seek pro- fessional help and tend to distrust outsiders from the community (Stockman, 1990). On the other
  • 49. hand, rural psychotherapists are more likely to provide care without necessary support or re- sources, address clinical issues outside their competence, and make difficult decisions without consultation or support from specialists. Moreover, therapeutic relationships tend to be compli- cated by the fact that overlapping relations are almost inevitable in rural settings. This implies that psychotherapists have to deal with a constant balancing between their personal life and their duty to their patients, or even the balancing between being accepted in the community and avoiding multiple relationships (Helbok, 2003). In a national survey of 447 psychologists in urban and rural areas, Helbok, Marinelli, and Walls (2006) found that rural psychologists encounter more issues with multiple relationships, have more problems related to their visibility in the community, and are less likely to discuss their work with other professionals. However, the existence of these problems does not mean that psychologists should dismiss their commitment with ethical codes. As Helbok (2003) stated, Even though some ethical considerations may be different in rural areas than urban areas, it does not mean the ethical codes should be abandoned or loosely interpreted. On the contrary, it is because of the fact that multiple relationships are inevitable, or anonymity impossible, that the psychologist needs to be even more diligent in working within the ethical codes and principles. (p. 370) As we have noted, this is not a simple task, and several guidelines have been proposed to help deal with these issues. For example, Stockman (1990) applied
  • 50. Kitchener’s (1988) guidelines to multiple relationships to the context of practice in rural settings. She made a number of useful sug- CONTEXT IN ETHICAL DECISION MAKING 503 gestions, among which we find addressing with patients their expectations regarding their relation with the psychotherapist, discussing in advance potential role conflicts, meeting with other pro- fessionals in the community to explain issues related to confidentiality, and considering consulta- tion with community members to learn more about the community. Roberts et al. (1999) sug- gested educating patients about ethical standards and involving them in the process of identifying potential conflicts and solutions related to boundary violations. They also encouraged profession- als to work together in order to translate ethical standards to the reality in rural contexts. Coyle (1999) proposed providing documents explaining conflictive issues and reviewing them with the patient to facilitate informed consent. During this process, patient and psychotherapist could even anticipate problematic situations that are likely to occur and think together about possible ways to deal with them. Turchik, Karpenko, Hammers, and McNamara (2007) provided suggestions for how to deal with difficulties in assessment in rural settings. They presented some criteria to select and apply useful assessment tools and emphasized working with test developers, test publishing corporations, third-party payers, the profession of psychology, and legislators to prevent difficul-
  • 51. ties derived from lack of accessibility to quality assessment in rural areas. It is interesting to note how these suggestions share a preventive perspective that is more re- lated to proactive measures than to reactive steps to follow after a problem has been identified. Al- though some useful models for ethical decision making in rural contexts have been proposed (e.g., Gottlieb, 1993), it is clear that most efficient measures involve working with the context to pre- vent ethical dilemmas in a proactive way. In summary, a psychologist taking a job in a new context (even if the context is supposed to be “traditional” as opposed to “emergent”) should be able to examine the main features of that con- text, including—but not limited to—characteristics of the potential clients (including cultural is- sues, developmental issues, and psychopathology), characteristics of other professionals and ser- vices in the context (including knowledge of psychology and differences in ethics codes), characteristics of the general community (broadly defined to include professionals and public in- stitutions), and characteristics of the job (does it—or should it—involve assessment, coordination with other professionals, interventions at different levels, etc.?) to determine the potential ethical issues that might arise. This analysis should be done with the assistance of experts in the context (i.e., other professionals or members of the community) in a dialogue that involves an explanation of psychological services and ethical issues in psychology. Furthermore, the examination of the context should take into account the fact that a single job might
  • 52. involve different contextual di- mensions at the same time (e.g., working with adolescents from a rural community through the Internet). The ability to engage in this examination of ethical issues in a given context certainly requires appropriate training. The implications that the approach to ethical decision making presented in this article has for training in ethics are presented in the next section. IMPLICATIONS FOR TRAINING IN ETHICS In an article titled “Beyond Ethical Decision Making,” Newman, Gray, and Fuqua (1996) com- pared two different models of ethical judgment. The first, “ethical and moral judgment,” is related to mandatory ethics in that the focus is centered on the ethical dilemma or question, and the step-by-step process of reaction to the dilemma. The second model, “ethical and moral inquiry,” is 504 VERGÉS more related to virtue ethics, so the emphasis is on a proactive attitude that is directed toward the achievement of the best possible ethical practice instead of the avoidance of ethical violations. The ethical and moral inquiry is thus a long-term process of growth in which the professional at- tempts to answer the question “who shall I be” as opposed to the more reactive question “what shall I do” that is characteristic of decision making as
  • 53. understood by traditional models. The in- corporation of this aspirational model of ethical judgment associated with virtue ethics has been repeatedly proposed by many authors (Jordan & Meara, 1990; Knapp & VandeCreek, 2007). Al- though the focus of this article is not intended to address these issues, it should be noted that an in- corporation of the context in the ethical decision-making process could contribute to the integra- tion of these two models of ethical judgment, as the ethical and moral judgment starts to be more proactive and involved in the search for the best practices. However this goal might require differ- ent models of training in ethics. The recommendations that can be derived from the previous sections for teaching ethics are straightforward. Learning about models of ethical decision making and their application to differ- ent ethical dilemmas should still be a central part of the training. However, the analysis of contex- tual issues and the application of ethical decision-making models to those issues should definitely be encouraged to foster a proactive attitude toward the resolution of ethical problems. With coming changes in health care, it is likely that the whole model of mental health service delivery that we have learned and practiced will change dramatically. The context in which we learned the ethics of our profession will be different than the context in which we will have to ap- ply them. These changes will require a new set of skills that allow for a flexible but rigorous application
  • 54. of the APA Ethics Code (APA, 2002) to situations that have not been even considered by those who wrote it. In this situation, a reactive ethical decision- making approach is likely to be insuffi- cient, so that students should be trained to be constantly aware of changes in their context of work in order to anticipate future problems. As Koocher (2003) stated, planning is the key to effectively address changes in professional practice. However, planning without paying attention to the changes in context might be as ineffective as not planning at all. A similar approach to what is proposed here was taken by Mumford et al. (2008) in providing research integrity training to graduate students. Their results showed that an application of general principles to the particular context of research involving case examples and practical strategies was effective and that results were maintained after 6 months. Although the effectiveness of a training model for ethics in clinical practice based on contextual analyses is still to be tested, there are reasons to be optimistic about its potential results. ACKNOWLEDGMENTS Gratitude is expressed to Jeffrey Barnett, PsyD, and Nan Presser, PhD, for their comments on ear- lier versions of this article. REFERENCES American Psychological Association. (2002). Ethical principles of psychologists and code of conduct. American Psychol - ogist, 57, 1060–1073.
  • 55. CONTEXT IN ETHICAL DECISION MAKING 505 Barnett, J. E., Behnke, S. H., Rosenthal, S. L., & Koocher, G. P. (2007). In case of ethical dilemma, break glass: Commen- tary on ethical decision making in practice. Professional Psychology: Research and Practice, 38, 7–12. Belar, C. D., & Deardorff, W. W. (2009). Ethical issues in the practice of clinical health psychology. In Clinical health psychology in medical settings: A practitioner’s guidebook (2nd ed., pp. 147–190). Washington, DC: American Psy- chological Association. Betan, E. J. (1997). Toward a hermeneutic model of ethical decision making in clinical practice. Ethics & Behavior, 7, 347–365. Betan, E. J., & Stanton, A. L. (1999). Fostering ethical willingness: Integrating emotional and contextual awareness with rational analysis. Professional Psychology: Research and Practice, 30, 295–301. Cooper-Patrick, L., Crum, R. M., & Ford, D. E. (1994). Characteristics of patients with major depression who received care in general medical and specialty mental health settings. Medical Care, 32, 15–24. Cottone, R. (2001). A social constructivism model of ethical decision making in counseling. Journal of Counseling & De- velopment, 79, 39–45. Cottone, R., & Claus, R. E. (2000). Ethical decision-making models: A review of the literature. Journal of Counseling &
  • 56. Development, 78, 275–283. Coyle, B. R. (1999). Practical tools for rural psychiatric practice. Bulletin of the Menninger Clinic, 63, 202–222. Erickson, S. H. (1990). Counseling the irresponsible AIDS client: Guidelines for decision making. Journal of Counseling & Development, 68, 454–455. Garfat, T., & Ricks, F. (1995). Self-driven ethical decision- making: A model for child and youth care. Child & Youth Care Forum, 24, 393–404. Gottlieb, M. C. (1993). Avoiding exploitive dual relationships: A decision-making model. Psychotherapy: Theory, Re- search, Practice, Training, 30, 41–48. Helbok, C. M. (2003). The practice of psychology in rural communities: Potential ethical dilemmas. Ethics & Behavior, 13, 367–384. Helbok, C. M., Marinelli, R. P., & Walls, R. T. (2006). National survey of ethical practices across rural and urban commu- nities. Professional Psychology: Research and Practice, 37, 36– 44. Hill, M., Glaser, K., & Harden, J. (1998). A feminist model for ethical decision making. Women & Therapy, 21, 101–121. Jordan, A. E., & Meara, N. M. (1990). Ethics and the professional practice of psychologists: The role of virtues and princi- ples. Professional Psychology: Research and Practice, 21, 115– 129. Kitchener, K. S. (1984). Intuition, critical evaluation and ethical principles: The foundation for ethical decisions in coun-
  • 57. seling psychology. The Counseling Psychologist, 12, 43–55. Kitchener, K. S. (1988). Dual role relationships: What makes them so problematic? Journal of Counseling and Develop- ment, 67, 217–221. Knapp, S., & VandeCreek, L. (2007). When values of different cultures conflict: Ethical decision making in a multicul- tural context. Professional Psychology: Research and Practice, 38, 660–666. Koocher, G. P. (2003). Ethical and legal issues in professional practice transitions. Professional Psychology: Research and Practice, 34, 383–387. Kurtines, W. M. (1986). Moral behavior as rule governed behavior: Person and situation effects on moral decision making. Journal of Personality and Social Psychology, 50, 784–791. Lira, E. (2008). Psicología, ética y seguridad nacional: El rol de los psicólogos. Psykhe, 17, 5–16. Mumford, M. D., Connelly, S., Brown, R. P., Murphy, S. T., Hill, J. H., Antes, A. L., et al. (2008). A sensemaking ap- proach to ethics training for scientists: Preliminary evidence of training effectiveness. Ethics & Behavior, 18, 315–339. Mumford, M. D., Murphy, S. T., Connelly, S., Hill, J. H., Antes, A. L., Brown, R. P., et al. (2007). Environmental influ- ences on ethical decision making: Climate and environmental predictors of research integrity. Ethics & Behavior, 17, 337–366. Newman, J. L., Gray, E. A., & Fuqua, D. R. (1996). Beyond ethical decision making. Consulting Psychology Journal: Practice and Research, 48, 230–236.
  • 58. O’Fallon, M. J., & Butterfield, K. D. (2005). A review of the empirical ethical decision-making literature: 1996–2003. Journal of Business Ethics, 59, 375–413. Pope, K. S. (1990). Ethical and malpractice issues in hospital practice. American Psychologist, 45, 1066–1070. Roberts, L. W., Battaglia, J., & Epstein, R. S. (1999). Frontier ethics: Mental health care needs and ethical dilemmas in ru- ral communities. Psychiatric Services, 50, 497–503. Rozensky, R. H. (2006). Clinical psychology in medical settings: Celebrating our past, enjoying the present, building our future. Journal of Clinical Psychology in Medical Settings, 13, 343–352. 506 VERGÉS Seitz, J., & O’Neill, P. (1996). Ethical decision-making and the code of ethics of the Canadian Psychological Association. Canadian Psychology/Psychologie canadienne, 37, 23–30. Stephenson, J. A., & Staal, M. A. (2007). An ethical decision- making model for operational psychology. Ethics & Behav- ior, 17, 61–82. Stockman, A. F. (1990). Dual relationships in rural mental health practice: An ethical dilemma. Journal of Rural Commu- nity Psychology, 11, 31–45. Turchik, J. A., Karpenko, V., Hammers, D., & McNamara, J. R. (2007). Practical and ethical assessment issues in rural,
  • 59. impoverished, and managed care settings. Professional Psychology: Research and Practice, 38, 158–168. Tymchuk, A. J. (1982). Strategies for resolving value dilemmas. The American Behavioral Scientist, 26, 159–175. Welfel, E. R. (2006). Ethics in counseling and psychotherapy: Standards, research, and emerging issues (3rd ed.). Belmont, CA: Thomson Brooks/Cole. CONTEXT IN ETHICAL DECISION MAKING 507 Copyright of Ethics & Behavior is the property of Taylor & Francis Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. Week 1 - Assignment Ethical Decision-Making Your review of the literature and professional ethics codes addresses the importance of resolving ethical dilemmas systematically and following established decision-making steps to resolve dilemmas effectively. As ethical codes do not provide specific solutions for ethical dilemmas, applying established ethical decision-making steps along with an understanding of established ethical codes is essential. Taking a systematic approach to ethical decision-making contributes to effective professional practice and ethical resolutions consistent with clients’ best interests.
  • 60. In a 1,050- to 1,400-word (or 3- to 4-page) paper (excluding references and title page), based on the scenario below, discuss how you would apply systematic steps toward a resolution of the dilemma as a consultant hired by Wells Fargo. Discuss the specific steps of the decision-making model you would take in making an ethical decision. How might you include the client in making your decisions? In what way or ways is accounting for the ethics code important for decision-making? To support your responses, in addition to the required readings, cite at least two scholarly references. Scenario Wells Fargo was the darling of the banking industry, with some of the highest returns on equity in the sector and a soaring stock price. Top management touted the company’s lead in “cross- selling”: the sale of additional products to existing customers. “Eight is great,” as in eight Wells Fargo products for every customer, was CEO John Stumpf’s mantra. In September 2016, Wells Fargo announced that it was paying $185 million in fines for the creation of over 2 million unauthorized customer accounts. It soon came to light that the pressure on employees to hit sales quotas was immense: hourly tracking, pressure from supervisors to engage in unethical behavior, and a compensation system based heavily on bonuses. Wells Fargo also confirmed that it had fired over 5,300 employees over the past few years related to shady sales practices. CEO John Stumpf claimed that the scandal was the result of a few bad apples who did not honor the company’s values and that there were no incentives to commit unethical behavior. The board initially stood behind the CEO, but soon after received his resignation and “clawed back” millions of dollars in his compensation. Further reporting found more troubling information. Many employees had quit under the immense pressure to engage in unethical sales practices, and some were even fired for reporting misconduct through the company’s ethics hotline. Senior leadership was aware of these aggressive sales practices
  • 61. as far back as 2004, with incidents as far back as 2002 identified. The Board of Directors commissioned an independent investigation that identified cultural, structural, and leadership issues as root causes of the improper sales practices. The report cites the wayward sales culture and performance management system; the decentralized corporate structure that gave too much autonomy to the division’s leaders; and the unwillingness of leadership to evaluate the sales model, given its longtime success for the company. Resources Required References American Psychological Association. (2017). Ethical Principles of Psychologists and Code of Conduct, Including 2010 and 2016 Amendments [Web page]. Retrieved from http://www.apa.org/ethics/code/ (Links to an external site.) Jungers, C. M., & Gregoire, J. (2016, July 1). Authenticity in ethical decision making: Reflections for professional counselors. The Journal of Humanistic Counseling, 55(2), 99- 110. doi:10.1002/johc.12027 Verges, A. (2010). Integrating contextual issues in ethical decision making. Ethics & Behavior, 20(6), 497-507. doi:10.1080/10508422.2010.521451 JUNGERS, C. M., & GREGOIRE, J. (2016). Authenticity in Ethical Decision Making: Reflections for Professional Counselors. Journal of Humanistic Counseling, 55(2), 99–110. https://doi.org/10.1002/johc.12027