Article

Professor-student communications: Why they should be privileged communications

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Abstract

Relationships between professors and students are well-known to be important aspects of the university experience. A successful professor-student relationship is founded on open and honest communication, which may not be possible if the content of conversations between the parties is not guaranteed to be confidential. In this article the authors argue for consideration of professor-student communications as privileged communications and consider the legal and ethical issues involved. Based on a review of the rationale, scope and exceptions to existing forms of privileged communications, the importance of such for professor-student communications is proposed.

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Thesis
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Teaching computer programming skills within the university context has proven to be a difficult and challenging task. The cognitive load placed upon students is heavy, and it is unclear if traditional instructional practices are optimal within this area. Traditionally, student attrition levels have been high, and ways to address such problems need to be considered. This thesis is concerned with ways to improve university course materials and instructional provisions, specifically within the context of teaching advanced programming skills to undergraduate students at the National University of Samoa. Over a three-year period, an instructional program was developed, and referred to as CABLE (Cognitive Apprenticeship Based Learning Environment). This approach was informed through considerations of recent cognitive learning theories such as collaborative learning, information processing, and cognitive apprenticeship. Recent research on learning theory has indicated that a learning environment should be managed so that students are encouraged to set personal goals, actively gather meaningful information, monitor and evaluate their own learning and reflect personal learning experiences in different authentic environments and social contexts (Brown & Campione, 1996; Wilson, 1996). Pedagogical approaches have been developed, where the aim has been to modify the learning environment so as to facilitate the development of students' higher order thinking skills, and to support the shared construction of knowledge. The pedagogical model, CABLE, was created based on the construct of cognitive apprenticeship, enhanced by elements of collaborative learning, implemented both in face-to-face mode and online. The CABLE model was evaluated in a series of field trials (Projects 1, 2, and 3). In Project 1 and Project 2, the CABLE approach was evaluated by contrasting it with the traditional approach to university instruction. The main aim of Project 3 was to evaluate the effectiveness of the learning environment, based on self reporting by students on their levels of engagement. Students in both the CABLE and traditional groups were given the same set of instructional materials in their JAVA training, and participated in similar lectures and practicum classes. The main differences between the two approaches were: (a) the use of structured and individualised feedback in CABLE by means of an email help desk; (b) the provision of a rich metacognitive experience through articulation and the use of "think alouds", ii feedback from the lecturers, careful scaffolding in terms of questions posed throughout the study materials; and (c) structured collaboration in class projects and activities. In Project 1 and Project 2, the effectiveness of the CABLE approach was evaluated using a post-test on computer programming skills and problem-solving skills. Student attitudes towards the CABLE approach were evaluated using a post-study questionnaire, test scores, student interviews, and weekly feedback from the online helpdesk. In Project 3, levels of student engagement were evaluated by self-reporting measures. From these field trials, it was evident that (a) CABLE provided a viable instructional model which could be introduced into the normal conduct of university programming courses without apparent detrimental consequences; (b) students exposed to CABLE evidenced increased achievement on Java programming scores relative to those taught in the traditional (non-CABLE) mode; (c) there were no differences in student attitudes towards the learning environment, between students taught with CABLE, and those taught in the traditional university mode; and (d) students taught under CABLE reported higher levels of mental engagement when compared to students taught via traditional mode. Students taught programming in CABLE showed positive attitudes towards the collaborative elements and also towards the online learning elements of CABLE. In the light of these findings, it was concluded that CABLE, as an instructional program derived from considerations of social learning and contemporary constructivist psychology, constitutes a viable instructional approach which can be introduced into the normal conduct and administration of university courses in computer programming. iii
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Determining the status of privileged communications between psychologists and clients is a complex task. There is considerable variation across states with respect to the scope of psychologist–client privilege, and several sections of state codes directly and indirectly influence its status. An analysis of state laws related to privileged communication in the psychologist–client relationship is presented and prevalent legal exceptions and trends related to client privilege are discussed. Implications for practice to assist psychologists in balancing their ethical and legal obligations also are discussed. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
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The recent Supreme Court decision Jaffee v. Redmond (1996) recognized a psychotherapist–patient privilege in federal court. The background of privileged communication laws in general, the federal privileged communications rules in particular, the facts behind Jaffee v. Redmond, and the final court ruling are reviewed. The impact of the decision and possible future directions for the psychotherapist–patient privilege in federal and state courts also are discussed. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
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A framework for examining the ethical responsibilities of faculty and students in graduate school is presented and illustrated. Based on five principles (autonomy, non-maleficence, beneficence, justice, and fidelity), this framework is intended to encourage discussion of the mutual responsibilities of graduate education and professional development.
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Partial table of contents: GENERAL CONSIDERATIONS. Ethical Issues in Professional Practice with Families (D. Marsh). Multicultural Competence in Family Practice (B. Goodwin). PROFESSIONAL PRACTICE WITH SPECIFIC POPULATIONS. Ethical Issues in Couple Therapy: Therapist Competence and Values (R. Magee). Ethical and Legal Issues in Lesbian, Gay, and Bisexual Family Therapy (R. Scrivner). CURRENT TOPICS IN PROFESSIONAL PRACTICE. Ethical Issues in Child Maltreatment (P. Berman). Serious Mental Illness: Ethical Issues in Working with Families (D. Marsh). PROFESSIONAL ISSUES. An Ethics Policy for Family Practice Management (M. Gottlieb). Professional Training in Ethics (L. Knauss). Indexes.
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In 1996, the U.S. Supreme Court held that communications between licensed psychotherapists and their patients are privileged under the Federal Rules of Evidence. The nature of privileged communication, the history of this Supreme Court decision, and implications of the decision for counselors are discussed.
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Analyzes ethical/legal aspects of confidentiality and privileged communication as they relate to school counselors. Makes suggestions for establishing confidentiality in school setting while taking into account scope of practice issues and obligations of informed consent. Presents guidelines for when and how to break confidentiality in situations where duty to ward or testify may outweigh duty to withhold information. (NB)
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Examines relevant case law regarding confidentiality in educational research. Argues that the benefits to society of educational research and the notion of academic freedom provide a rationale for extension of limited legal privilege of confidentiality to educational researchers. Proposes a code defining the nature and extent of research confidentiality. (SV)
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Discusses privileged communication, confidentiality, and employer policy as related to client–counselor privacy. The nature of helping means that those involved in counseling relationships are privy to a great deal of very private and often threatening information. This knowledge can lead to conflict between counselor's responsibility to safeguard the client's trust and the demands of violating this trust for law, ethics, and employer policy. Specific recommendations are made to assist counselors in avoiding conflict arising from moral, legal, or ethical transgressions. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
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"School Law for Counselors, Psychologists, and Social Workers, Second Edition," presents up-to-date information on legal issues relevant to practitioners who work in institutions and in private practice. Topics include confidentiality, privileged communication, the duty to warn, educational records and privacy, behavioral control and discipline in schools, and the whole range of constitutional rights of practitioners and students. Summaries of the latest authoritative court cases are presented in straightforward form and all concepts are explained in ordinary language. Features of this practical text include the popular question-and-answer format applauded by users of the first edition and an easy-to-use topical organization. The book is written in clear, nontechnical language specifically for nonlawyers. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
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Presents information regarding the extent to which psychologists, social workers, marriage and family therapists or counselors, school counselors, and licensed professional counselors have succeeded in establishing that their clients' communications with them are entitled to legal privilege, the scope of the privilege extended, and specified exceptions to privilege. Data on existing privileged communication (PC) statutes and rules of evidence in 50 states and the District of Columbia were collected. It is argued that the combination of multiple and sometimes conflicting considerations—PC law, ethical confidentiality, and societal values—leaves practicing counselors with no easy answers. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
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Examines the counseling profession's ethical guidelines and accreditation standards to identify the degree of emphasis given to student empowerment and student–faculty interaction. The Council for Accreditation of Counseling and Related Educational Programs standards require faculty to hold a doctorate in counselor education, have relevant professional experience, belong to professional organizations, and provide service and conduct research. The ethical standards of the Association for Counseling and Development also touch upon student–faculty relationship responsibilities. The literature in this area identifies professor–student interaction, intellectual stimulation of instruction, and student participation in school policy-making as 3 factors related to student satisfaction. Student satisfaction also appears to be related to academic achievement, faculty actions, and the nature of the supervisor–counselor-in-training relationship. (PsycINFO Database Record (c) 2012 APA, all rights reserved)
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Thesis (Ed. D.)--University of Arkansas, Fayetteville, 1985. Includes bibliographical references (leaves [143]-149).
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The authors discuss the general outlines of the Tarasoff duty of psychotherapists to protect potential victims of their violent patients. They describe the flexible range of clinical responses that therapists have utilized, as well as their professional concerns about preserving patient confidentiality (or at least strictly circumscribing the scope of disclosure when confidentiality must be breached). A recent case is reported that illustrates a striking new extension of Tarasoff, involving a police search and seizure of a psychotherapist's confidential treatment records and tapes, in response to a third-party complaint that the records contained evidence of his patients' violent acts and propensities. The implications of this case are that the therapist's discretion in the assessment of his duty to protect, the selection of a proper course of action, and the implementation of specific responses may be taken out of his hands, for all intents and purposes, and expropriated by law and order officials. Moreover, regardless of whatever clinical approach he adopts and whether or not he issues a warning, his attempts to preserve patient confidentiality are bound to prove unsuccessful in any future legal proceedings. Patient communications are likely to lose their confidential status on the grounds that they caused or triggered the Tarasoff warning (or that they should have triggered it). If the patient directed serious threats against the therapist himself, the court may find that, as a consequence, a "genuine therapeutic relationship" ceased to exist and thereafter all patient disclosures were no longer confidential on that basis.(ABSTRACT TRUNCATED AT 250 WORDS)
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