LEGAL LIABILITY ISSUES FOR COUNSELORS IN ALABAMA

Transcription

1 A Branch of the American Counseling Association LEGAL LIABILITY ISSUES FOR COUNSELORS IN ALABAMA Edited by Charles L. Guest, Jr., Ph.D. & Ervin L.(Chip) Wood, Ed. D. Printed by the Alabama Counseling Association as a service to its members Sixth Printing, Summer, 2006

2 0BAbout The Editors Charles L. Guest, Ph.D. Charlie Guest is the chair of the Department of Professional Studies at the University of South Alabama in Mobile. Dr. Guest is licensed in the states of Alabama and Mississippi as a Professional Counselor and is a National Certified Counselor (National Board for Certified Counselors) and a Clinically Certified Domestic Violence Counselor (American College of Certified Forensic Counselors). Ervin L. (Chip) Wood, Ed.D. Ervin L.(Chip) Wood has been Executive Director of the Alabama Counseling Association since In addition to his work with ALCA, Wood had a 30+ year career as a college administrator serving long tenures as a Dean and Vice President for Student Affairs. His experiences are broad. He has particularly focused on the legal aspects of higher education administration. Wood is also involved with a number of business ventures with his wife and sons including a motel, rental property and cattle and tree farming. Published by the Alabama Counseling Association Printed by UWA Printing, Livingston, AL All Rights Reserved. No part of this book may be reproduced or transmitted in any form or by any means without the written permission of the publisher.

3 Page TABLE OF CONTENTS 8 The Law for Beginners, by Ervin L. (Chip) Wood 12 Understanding Malpractice: A Primer for Alabama Counselors, by Charles L. Guest, Jr. 19 Legal Areas for Counselors in Alabama, by Albert S. Miles and J. Vernon Blackburn 28 School and College Counselor - Client Confidentiality and Legal Privilege, by A.S. Miles and J.V. Blackburn 32 The Alabama Parental Consent for Abortion Law and the Victim Counselor Confidentiality Act, by A.S. Miles and J.V. Blackburn 35 Complete Privilege, Except..., by Nathan G. Watkins, Jr. JD 37 Teacher s Rights: The American Experience, by Albert S. Miles and Xin Fu 45 After Tarasoff in Alabama: Is there a need for an Alabama Statute to Define the Counselor s Duty to Warn?, by A.S. Miles and J.V. Blackburn 49 The Due Process Rights of Students in Public School or College Disciplinary Hearings, by Albert S. Miles 54 Due Process Handbook For Alabama Public School Principals, by Howard Bishop and Albert S. Miles 70 School Counselor Confidentiality Issues: Balancing Student and Parent/Guardian Rights, by Charles L. Guest, Jr. 83 No Coercion From Counselors to Clients: Reflections on Arnold v. Board of Education of Escambia County, Alabama, by A.S. Miles and J.V. Blackburn 86 Suggested Outline of Student Code of Conduct, by Albert S. Miles 99 The Reasonable Accommodations Provisions of the Americans with Disabilities Act, by Albert S. Miles, Charles J. Russo, and William M. Gordon 107 The Counselor as a Witness, by Charles L. Guest, Jr.

4 115 The Family and Medical Leave Act of 1993: An Overview and Implications for schools, by Albert S. Miles, Charles J. Russo, and Augus W. Steinhelber 129 HIV Infection: Legal Implications for Education, by William M. Gordon, Charles J. Russo, Albert Miles and Terrence Leas 139 Reporting Child Abuse, by Al Miles, S. Allen Wilcoxon, and Karen Salem 145 Corporal Punishment in Alabama: A Choice of Consequences, by S. Allen Wilcoxon and Albert Miles 151 Gender Issues and Equality in Athletic Management, by Albert S. Miles, Michael T. Miller and Richard E. Newman 157 Legal Issues on Functional Behavior Assessment, Transition Planning and the Disciplining of IDEA 1997 Amendment, and Section 504 Students, by Albert S. Miles 169 Anti-Harassment Issues for School and College Faculty, Counselors, Administrators and Students, by Albert S. Miles, J.D.,Ph.D. 182 Commentary: University Student-Athlete Conduct Codes After Davis v. Monroe County Board of Education, by Albert S. Miles, Ph.D., J.D.; David L. Dagley,Ph.D., J.D.; and Charles J. Russo, Ed.D. 197 Current Home Schooling Issues in Alabama for Consideration by Counselors, by John A. Freeman, Albert Miles, and Anna Kozlowski 206 From Civility to Harassment and the Great Space in Between by Albert Miles, J.D., Ph.D., David Dagley, J.D., Ph.D., and Christina Yau, M.A. 222 Legalese Tips for Compliance with HIPAA Privacy Rules by Albert S. Miles, J.D., Ph.D. 229 Possible Tort Liability for School Guidance Counselors in Academic Advising, by Albert Miles, J.D., Ph.D. 230 The Practice of Restructuring Civil Rights Laws in Education, by Albert Miles, J.D., Ph.D., Christina Yau, M.L.I.S., Peijun Zheng, M.A. 238 Education Issues Regarding Computers, by Albert S. Miles, J.D., Ph.D. and Lawrence Lee Oldaker, Ed.D.

5 DISCLAIMER: Because these articles are not considered legal advice, all readers are urged to consult an attorney to apply specific facts and laws to each situation. EDITORS NOTE: This book is not legal advice and is not intended as such. Since legal conclusions depend on the specific circumstances involved, an attorney should be consulted concerning questions in the areas that are covered herein. This book is intended only to expose counselors to the type issues they might face in their work. [Sixth Printing, Summer, 2006] Note: The publication Legal Issues for Alabama Counselors is available in printed form from the ALCA office. Simply send your check(or credit card info) for $25 made payable and request for the book to: ALCA 217 Daryle Street Livingston, AL Allow 1-2 weeks for delivery.

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