[acb-hsp] Transcultural Model of Ethical Decision-Making
Baracco, Andrew W
Andrew.Baracco at va.gov
Fri Jun 29 12:00:30 EDT 2012
Hi Jessie,
Thanks for this. I shared it with a few coworkers.
Andy
From: acb-hsp-bounces at acb.org [mailto:acb-hsp-bounces at acb.org] On Behalf
Of J.Rayl
Sent: Friday, June 29, 2012 4:03 AM
To: Discussion list for ACB human service professionals
Subject: [acb-hsp] Transcultural Model of Ethical Decision-Making
A transcultural integrative model for ethical decision making in
counseling.
by Jorge G. Garcia , Brenda Cartwright , Stacey M. Winston , Barbara
Borzuchowska
Studying the role of culture in counseling theory and practice became
the focus of
researchers and scholars about 30 years ago. A case can be made today
that this work
has resulted in significant changes in the assumptions underlying
counseling theory,
as well as an enrichment of traditional counseling approaches such as
psychodynamic,
humanistic, and cognitive-behavioral approaches (Ivey, Ivey, &
Simek-Morgan, 1997).
Some assumptions that have been challenged include the concept of
normality, the
focus on the individual, the goal of independence, the universality of
linear thinking,
and the reliance on verbal communications (Sue & Sue, 1999). Many
counseling researchers
now agree that what may be the norm for one group is not necessarily the
norm for
another group, that interdependence may be a desirable goal, that many
groups use
associative thinking, and that nonverbal communications are essential in
counseling
people from different cultures (Pedersen, 1994).
At the theoretical level, Bowlby (1988) and Ainsworth (1979), in their
development
and validation of attachment theory in a variety of cultural situations,
have advanced
psychodynamic theory by stressing the importance of context and
environment in child
development. Taub-Bynum (1984) also contributed to integrating culture
into psychodynamic
theory through the concept of the family and multicultural unconscious.
Humanistic
theory has undergone extensive developments to include culture
systematically. The
work of Bingswanger (1963) and Boss (1963) translated the existential
premise of
being-in-the-world into specific counseling and therapy strategies.
Miller (1991)
emphasized the concept of self-in-relation that focuses on the
individual in context.
In cognitive-behavioral theory, authors like Cheek (1976) and Kantrowics
and Ballou
(1992) have pioneered the inclusion of culturally relevant practices.
Cheek adapted
traditional assertiveness training for African American clients who view
rights differently.
Kantrowics and Ballou shifted their behavioral theory approach from an
individualistic
focus to one reflecting feministic reappraisals. A more recent
proposition by Sue,
Ivey, and Pedersen (1996) advocated for a culture-centered meta-theory
that would
preserve the integrity of different counseling approaches while
organizing their
theoretical and philosophical assumptions in one cultural framework.
The aforementioned theoretical shift illustrated has resulted in the
emergence and
continuous refinement of so-called multicultural counseling
competencies. These concepts
have been summarized in writings by Sue and Sue (1999), Ivey et al.
(1997), and Pedersen
(1994), among others. These competencies have evolved from basic
communication styles
and self-awareness techniques to more specific strategies addressing
particular cultural
characteristics of racial/ethnic (C. C. Lee, 1997), disability (W. M. L.
Lee, 1999;
Sue & Sue, 1999), family (Flores & Carey, 2000; Sciarra, 1999), gender
(Julia, 2000),
gay and lesbian (Fu & Stremmel, 1999; W. M. L. Lee, 1999), youth (Aponte
& Wohl,
2000), and older adult groups (W. M. L. Lee, 1999; Sue & Sue, 1999).
Ramirez (1999)
stated the need to train counselors to understand problems of
maladjustment as a
cognitive and cultural mismatch between individuals and their
environments. Axelson
(1999) added particular issues that counselors need to attend to in
social, educational,
work, and career development and in personal growth. In addition,
Reynolds (1995)
summarized different multicultural training modalities and suggested the
appropriateness
of using the multicultural change intervention matrix developed by Pope
(1993) that
focuses on competency changes at the individual, group, and
institutional level.
Responding to these theoretical advancements, professional associations
such as the
American Psychological Association (1993) have developed competence
guidelines for
its members. These guidelines stipulate the need to be cognizant of
relevant research
about the culture of the clients served, to establish the validity of
assessment
instruments, to consider the clients' cultural beliefs and values, to
respect religious
and spiritual values, and to determine the counselor's own biases or
racism.
ETHICS AND MULTICULTURAL COUNSELING
As the theoretical and professional foundations of multicultural
counseling have
progressed, a natural evolution has been the development of ethical
standards to
help regulate the practice of multicultural counseling. Ibrahim and
Arredondo (1986)
authored a proposal to develop specific ethical standards regarding
multicultural
counseling in the areas of education, research, assessment, and
practice. LaFromboise
and Foster (1989) extended this discussion by bringing attention to
other issues
related to ethics in multicultural counseling that involved participants
in research
and right to treatment.
Responding to this need, in the 1995 revision of the ethical standards,
the American
Counseling Association (ACA) included specific excerpts requiring
counselors to respect
diversity, avoid discrimination, and demonstrate cultural sensitivity
when engaging
in direct client services, research, education, testing, computer
applications, public
communications, and relationships with employers and employees (ACA,
1995). Moreover,
within the section on professional competence, it requires them to show
a commitment
to gain knowledge, awareness, and skills related to serving a diverse
clientele.
Diversity is defined in the ACA Code in terms of age, culture,
disability, ethnic
group, gender, race, religion, sexual orientation, marital status, and
socioeconomic
status.
Furthermore, researchers have stated the need to prepare professionals
to become
more skillful in dealing with ethical dilemmas, particularly those
involving multicultural
issues in the area of rehabilitation (Falvo & Parker, 2000), mental
health services
(Remy, 1998), and gender (Steiner, 1997). Baruth and Manning (1999)
alluded to this
need by saying that the ethical dilemmas faced by counselors are complex
and become
even more complex when working with persons who have different
worldviews. As stated
by LaFromboise and Foster (1989), the challenge then becomes the
development of ethical
decision-making models that reflect a convergence of our current
knowledge about
multicultural counseling theory and ethical reasoning.
In examining the available ethical decision-making models published in
the field,
we found minimal reference to culture or how to integrate culture into
ethical decision-making
process systematically. The purpose of this article is to review the
current models
and offer a model that can be used by counseling practitioners facing
ethical dilemmas
involving clients from diverse backgrounds. Adapted primarily from the
original Integrative
Model developed by Tarvydas (1998), also drawing from the Social
Constructivist Model
(Cottone, 2001) and the Collaborative Model (Davis, 1997), this proposed
model is
titled the Transcultural Integrative Ethical Decision-Making Model
(hereafter referred
to as the Transcultural Integrative Model). In terms of ethical theory,
this proposed
model is founded in both principle (or rational) ethics (Kitchener,
1984) and virtue
ethics (Freeman, 2000; Jordan & Meara, 1995). These models and theories
are discussed
in the following section.
REVIEW OF AVAILABLE ETHICAL DECISION-MAKING MODELS FROM A CULTURAL
PERSPECTIVE
As mentioned earlier, Baruth and Manning (1999) stated that ethical
decision making
can be difficult, but it is necessary, particularly when counselors face
complex
situations or work with clients who have differing worldviews. Moreover,
Remley and
Herlihy (2001) pointed out that ethical decisions seldom involve a
simple answer
and usually are the result of a complex process. In addition, it is
difficult to
guarantee that actions will have the desired outcome. Remley and Herlihy
also stated
legal reasons for the need to have models of ethical decision making.
For example,
counselors may be required to appear as witnesses in litigation hearings
or, what
would be the greater concern, may be charged with malpractice, if the
counselor is
accused of unethical action. They argue that the latter is somewhat
avoidable if
counselors practice ethical decision making.
Researchers, educators, and practitioners seem to have understood this
necessity
and, thus, over the years have proposed a variety of models to aid
counselors in
ethical decision making. A traditional model is one disseminated by ACA
(Forester-Miller
& Davis, 1995), which can be categorized as a rational model based on an
analysis
of the ethical principles involved in a dilemma. Some models offered by
ethics scholars
include Jordan and Meara's (1995) Virtue Ethics Model, Cottone's (2001)
Social Constructivism
Model, Davis's (1997) Collaborative Model, and Tarvydas's (1998)
Integrative Model.
A brief review of whether or not these models contain a specific
analysis of cultural
aspects that may play a role in ethical dilemma resolution is provided.
Rational Model
This type of model is based primarily on principle ethics (Kitchener,
1984). Once
the principles in conflict have been identified, the professional
chooses the best
course of action. This choice is based on a rational evaluation of the
advantages
and disadvantages of choosing one course of action over another. In
following this
model, a professional must use rational justification to choose which of
the conflicting
ethical principles should prevail (Bersoff, 1996). The essentials of
this model have
been described by Forester-Miller and Davis (1995) in these seven steps:
(a) identify
the problem, (b) refer to the code of ethics and professional
guidelines, (c) determine
the nature and dimensions of the dilemma, (d) generate potential courses
of action,
(e) consider the potential consequences of all options and then choose a
course of
action, (f) evaluate the course of action, and (g) implement the course
of action.
An examination of the narrative under each of the steps just listed
yields the conclusion
that with this model no cultural variables are included in the analysis
of a dilemma.
The assumption may be that one set of values applies to all cultures, as
stated by
Pedersen (1997).
Welfel (2002) offered a similar extended, nine-step model of rational
ethical decision
making. This model serves its purpose as a general model, but for
specific dilemmas
involving clients from diverse cultures, professionals would have to
fill in the
gaps or perhaps adapt the model to suit her or his cultural
perspectives, because
a cultural analysis is not provided.
Virtue Ethics Model
Advocates for a virtue ethics model, Jordan and Meara (1995) relied on
the personal
characteristics and wisdom of the professionals making an ethical
decision, instead
of the ethical principles involved. Proponents of this model claim that
it is very
difficult to reach an agreement on which principle should prevail over
another in
a particular situation. Instead, they state that the primary factor in
arriving at
a decision is the professionals' moral or personal beliefs. Central
virtues mentioned
under this model include integrity, prudence, discretion, perseverance,
courage,
benevolence, humility, and hope. This approach has not been formulated
into a format
with specific steps, and, again, cultural analyses or implications have
not been
included in this model.
Freeman (2000) defined virtue ethics as addressing "who one is, what one
ought to
become, and what form of action will bring one from the present to the
future" (p.
90). The virtue of self-understanding based on honesty, openness, and
willingness
to take responsibility for one's life would allow counselors to conclude
who they
are in terms of character. Self-understanding, symbolization, and
imagination would
allow counselors to determine who they ought to become in terms of a
conceptualization
of change. Finally, Freeman stated that prudent judgment would allow
counselors to
change or become the person they ought to be. Thus, virtue ethics
represents a shift
from appraisal of the act to the appraisal of the one acting. This would
mean that
an action is right when it reflects what a counselor with virtuous
character would
do in a particular situation. Freeman said that it is necessary to
define what humans
perceive as being "good" and what human traits are considered "virtuous"
before a
determination can be made regarding the "right" thing to do in a given
set of circumstances.
It does not seem possible to determine a definite number of virtue
traits that counselors
need to have because it seems to depend on specific situations. For
example, Tarvydas
(1998) determined that reflection, balance, collaboration, and attention
to context
were counselor-essential virtues working within the framework of the
Integrative
Model. Freeman (2000) emphasized other virtues, such as
self-understanding, openness,
honesty, and prudent judgment. Because none of these authors who
discussed virtue
ethics addressed specific counseling dilemmas involving differing
cultural worldviews,
the virtues they mentioned do not necessarily reflect specific virtues
that might
be needed for cases of that nature. It is to address this omission that
the transcultural
model we propose in this article includes the virtue of tolerance, which
involves
accepting diverse worldviews, perspectives, and philosophies (Welfel,
2002).
Social Constructivism Model
Cottone (2001) proposed a social constructivism model that crosses both
the psychological
and systemic-relational paradigms of mental health services. It is based
on Maturana's
(1970/1980) biology of cognition theory, which states that what is real
evolves through
personal interaction and agreement as to what is fact. The core
structure of this
model entails the notion that decisions are externally influenced.
Basically, decisions
are made with interactions involving one or more individuals, which
means that decisions
are not compelled internally but socially. Central decision-making
strategies used
under this model include negotiating, consensus seeking, and
arbitrating.
With the understanding that this model is social in nature, the role of
culture would
intertwine nicely in this theory. Unfortunately, culture is only vaguely
mentioned,
and apparently no attempt has been made to deal with this variable more
thoroughly
in this model.
Collaborative Model
Davis (1997) criticized the existent rational model by asserting that in
the current
professional world, a model based on a group perspective would be
superior to one
founded on an individual perspective. Davis deemed his decision-making
strategy a
collaborative ethics model based on values of cooperation and inclusion.
This relational
approach uses a sequence of four steps: (a) identifying the parties who
would be
involved in the dilemma; (b) defining the various viewpoints of the
parties involved;
(c) developing a solution that is mutually satisfactory to all the
parties, based
on group work focusing on expectations and goals; and (d) identifying
and implementing
the individual contributions that are part of the solution. However,
cultural components
are not elaborated systematically in this model, other than reflecting a
theoretical
compatibility with the collectivist values underlying multicultural
counseling.
Integrative Model
A fourth type of model used in resolving ethical dilemmas is an
integrative model
that incorporates elements of both principle ethics and virtue ethics
(Tarvydas,
1998). Tarvydas described a four-stage integrative decision-making model
that combines
an analysis of the morals, beliefs, and experiences of the individuals
involved,
along with a rational analysis of the ethical principles underlying the
competing
courses of action. This model requires professionals to use reflection,
balance,
attention to the context, and collaboration in making decisions
involving ethical
dilemmas.
Stage I (Interpreting the Situation Through Awareness and Fact Finding)
implies that
counselors closely examine the situation and be aware of what types of
situations
constitute an ethical dilemma. If the counselor is not aware of the
latest information
in his or her field of expertise, it is his or her responsibility to
gather the relevant
information. This stage calls for an increase in sensitivity and
awareness in the
counselor's field of specialization. The fact-finding process assists
the counselor
to label a situation as an ethical dilemma and to determine the
individuals directly
affected by these types of situations. If a dilemma occurs, the
counselor is not
only aware of the situation but also recognizes the parties affected and
their ethical
stance in the situation.
Stage II (Formulating an Ethical Decision) is no different from the
typical rational
decision-making model described earlier (Forester-Miller & Davis, 1995).
First, counselors
review the problem specifically to determine what ethical codes,
standards, principles,
and institutional policies are pertinent to this type of situation.
Second, after
a careful review and consideration of these regulations, they generate a
list of
potential courses of action along with the positive and negative
consequences for
following each course of action. Third, counselors are urged to consult
with supervisors
or other knowledgeable professionals to determine the most ethical
course of action.
Finally, the best ethical course of action is selected based on a
rational analysis
of the principles involved. This entails making a rational decision as
to which ethical
principle should supersede the other competing ethical principles in
this case.
Stage III (Selecting an Action by Weighing Competing Nonmoral Values)
implies analyzing
the course of action from the perspective of personal competing values
and contextual
values (e.g., institutional, team, collegial, and societal/cultural).
The assumption
here is that counselors and others involved in the situation may
encounter "personal
blind spots" or levels of prejudice that need to be addressed before
affirming the
final course of action.
In Stage IV (Planning and Executing the Selected Course of Action), the
counselors
determine the concrete actions that need to be taken, with consideration
given to
the potential obstacles to taking that course of action. It is key under
this stage
to anticipate personal and contextual barriers to the effective
implementation of
the course of action.
Because of its analysis of contextual variables, competing personal
values, and involvement
of stakeholders, this model seems compatible with traditional elements
of multicultural
theory and practice. This model also uses virtue ethics and an emphasis
on behavioral
strategies, which is consistent with a multicultural approach as well.
Some counselor
virtues that would seem particularly useful when counselors face
cultural ethical
dilemmas are tolerance, sensitivity, openness, and collaboration.
Although the integrative
model contains several advantages as described earlier, it is still
limited in its
analysis of cultural variables that might play a role in the process of
ethical decision
making. There are specific cultural variables and strategies that can
fit under each
one of the stages of the integrative model that have not been
considered. See Table
1 for a summary of the characteristics of the different models discussed
in this
article, across four categories: conceptual origins, structure,
strengths, and weaknesses.
THE PROPOSED TRANSCULTURAL INTEGRATIVE ETHICAL DECISION-MAKING MODEL
The Integrative Transcultural Model is based primarily on Tarvydas's
(1998) Integrative
Model in that it comprises the four basic stages identified under this
model. However,
it adds to the original Integrative Model by incorporating elements of
the Social
Constructivism and Collaborative Models, by including the strategies of
negotiating,
arbitrating and consensus seeking, and using a relational approach. The
characteristics
of the model are outlined in the form of steps and tasks under each step
(see Table
2). To preserve the basic elements of Tarvydas's model while at the same
time illustrate
the added multicultural elements, the steps have been divided into
general (those
pertaining to the original model) and transcultural (the multicultural
addition to
the general or original step).
As a preamble to Table 2, counselors need certain attitudes (or virtues)
that will
provide a framework for engaging in ethical decision making under the
proposed model.
These include reflection, attention to context, balance, collaboration,
and tolerance
(Tarvydas, 1998). Reflection concerns counselors' awareness of their own
feelings,
values, and skills, as well as understanding those of the other
stakeholders involved
in the situation. Attention to context involves being attentive to the
factors that
may play a role in the situation, namely the team, institutional policy,
society,
and culture. Counselors maintain balance by weighing each of the issues
and perspectives
presented by all individuals involved. Collaboration means that
counselors must maintain
the attitude of inviting all parties to participate in the decision to
whatever extent
possible. Counselors display tolerance by being accepting of the diverse
worldviews,
perspectives, and philosophies of the different stakeholders (Welfel,
2002).
Description of the Transcultural Integrative Model
Step 1 depicted in the model is awareness and fact finding, which under
the original
model meant the following: enhancing sensitivity and awareness about the
potential
dilemma, reflecting on whether there is actually a dilemma, determining
the parties
or stakeholders involved, and engaging in a thorough process of fact
finding. Step
1 is particularly relevant in the practice of multicultural counseling.
Enhancing
sensitivity and awareness means not only being aware of the ethical
component of
a dilemma but also how a dilemma may affect the different stakeholders
involved who
may have different or even opposing worldviews. Various stakeholders may
give different
meanings to a situation involving a dilemma, and it is the
responsibility of the
counselor to understand those different meanings during this awareness
and fact-finding
step.
Counselors' awareness about their own cultural identity, acculturation,
and role
socialization may affect their view of the dilemma and the extent to
which they perceive
a situation as a dilemma. For example, a counselor with strong
affiliation to family
interdependence values can perceive the situation of a client with HIV
who recently
immigrated to this country and who is seeking vocational services as one
that requires
advising the client to return to his original country, where he would
find family
support. For this counselor, there would not be a dilemma. However, for
another counselor,
this situation may pose a conflict in which the client's freedom of
choice (autonomy)
could be in opposition to what the counselor believes would be best for
the client.
In the latter case, the counselor contemplates both conflicting courses
of action,
which constitutes the dilemma.
Similarly, if the client was a woman, a feminist counselor and a
nonfeminist counselor
may view the dilemma differently, depending on the extent to which they
consider
the client's gender role socialization. The client's culture may elicit
particular
emotional reactions in the counselor, depending on how much the client's
values or
behaviors contradict those of the counselor. Again, this emotional
reaction may affect
the perception of a particular situation.
Sensitivity to intragroup differences is another important
consideration. Counselors
need to ascertain the extent to which a client is actually
representative of the
cultural patterns of the referent group (Sciarra, 1999). Sciarra
described a process
whereby individuals can change their referent group during an
interaction based on
age, socioeconomic class, religion, gender, national origin, or
disability. In fact,
the concept of cultural identity formation applies not only to race but
also to gender,
sexual orientation, or disability (Julia, 2000; W. M. L. Lee, 1999; Sue
& Sue, 1999).
A simple example is the following: A counselor responds to the principle
of beneficence
by helping the client obtain a job at a grocery store against the
client's wish to
stay at home (supported by the principle of autonomy), ignoring the
upper socioeconomic
status of the client. Class-bound values (Sue & Sue, 1999) may explain
the preference
expressed by the client. Finally, the theoretical orientation of the
counselor may
affect the perception of a dilemma as well. For example, a counselor
working under
a family system approach would be more likely to define the dilemma as
one affecting
others and not only the individual client.
Step 2 involves the formulation of an ethical decision. This is
primarily a rational
process, similar to the rational model outlined by Forester-Miller and
Davis (1995).
However, the integrated Transcultural Integrative Model incorporates
specific cultural
elements under each one of the strategies to complete this step. This
means that
counselors need to (a) review all cultural information gathered in Step
1, (b) review
potential discriminatory laws or institutional regulations, (c) make
sure that the
potential courses of action reflect the different worldviews involved,
(d) consider
the positive and negative consequences of opposing courses of action
from the perspective
of the parties involved, (e) consult with cultural experts if necessary,
and (f)
select a course of action that best represents an agreement of the
parties involved.
In the case presented previously that involves a client living with HIV,
laws that
apply to immigrants who have this diagnosis are particularly relevant
because they
may be discriminatory and present the counselors with a conflict between
the law
and the ethical standards of the profession.
Considering that agreement among all parties is not always attainable,
Cottone (2001)
offered a three-step interpersonal process that included negotiating,
consensualizing,
and arbitrating. Negotiating means the discussion and debate of an issue
about which
two or more individuals disagree. Consensualizing describes a process of
agreement
and coordination between two or more individuals on a specific issue.
This is an
ongoing verbal and nonverbal interactive process rather than a final
outcome. The
parties involved may seek arbitration if the disagreement persists;
Cottone suggested
seeking a negotiator, a consensually accepted arbitrator, who then can
make the final
judgment. Consensualizing is the primary means of preventing
disagreement because
consensualizing implies the process of "socially constructing a reality
[i.e., between
counselors and clients]" (p. 42).
The use of relational methods (Davis, 1997) and social constructivism
techniques
(Cottone, 2001), as described earlier in this article, is a key element
of the Transcultural
Integrative Model because these are particularly applicable to
situations that require
reaching an agreement among parties who may hold potentially conflicting
cultural
worldviews. Step 3 in Table 2 refers to weighing potentially competing,
nonmoral
values that may interfere with the execution of the course of action
selected. Cultural
values are particularly relevant here; again, the counselors' cultural
identity,
acculturation level, and gender role socialization may be crucial in
uncovering these
values. For example, the execution of a particular course of action may
imply a level
of client competence in dealing with the health care system that is not
consistent
with his or her acculturation level, or the course of action selected
may contradict
the female client's learned gender role.
Another task under this step is to identify contextual influences that
may constitute
a barrier for the implementation of the course of action selected. The
original integrative
model includes collegial, professional, institutional, and societal
levels. The Transcultural
Integrative Model adds a specific cultural level. Again, this is
critical in dilemmas
found in multicultural counseling because the counselors' values may
contradict the
clients' values or the contextual values. For example, in the case of
the client
with HIV depicted in this section, counselors need to be aware of
potential prejudice
against persons with HIV/AIDS as well as against immigrants from
particular ethnic
groups. In recommending a course of action that involves a vocational
goal, counselors
should consider the client's disposition to face such attitudes as well
as anticipate
possible reactions from employers and even vocational service providers.
Last, Step 4, is to carry out that plan, document, and carefully
evaluate the consequences
of the ethical decision. From a cultural standpoint, this involves
securing resources
that are culturally relevant for the client and involves developing
countermeasures
for the potential contextual barriers identified earlier. For example,
in the case
of the client with HIV, it could mean securing future employers and
service providers
who match the client's cultural identity, level of acculturation, and
gender role
socialization, among other factors. In addition, the counselor should
consider preparing
the client and other stakeholders to deal with potential biases,
discrimination,
stereotypes, and prejudices. Because this step involves the development
and implementation
of a plan involving different stakeholders, the counselor should be
familiar with
the relational and social constructivism methods cited earlier in this
article because
these strategies can facilitate the achievement of common goals.
It must be reiterated that Tarvydas's (1998) Integrative Model is
inclusive of a
virtue-ethics approach as well. Tarvydas recommended that counselors
adhere to the
virtues of reflection, attention to context, balance, and collaboration.
Under our
proposed Transcultural Integrative Model, this list of virtues or
personal characteristics
of counselors should be extended to include tolerance, sensitivity, and
openness
as suggested earlier in this article. These virtues are essential for
implementing
the steps we outlined within this model that require understanding and
listening
to people from cultures that differ from that of the counselor.
Potential Applications
Providing an extensive case illustration of the use of the Transcultural
Integrative
Model exceeds the scope, of this article. However, a point can be made
about its
potential applicability in a variety of settings. Garcia et al. (1999)
conducted
a confirmatory factor analysis study that showed the complexity of
ethical dilemmas
faced by counselors working with HIV/AIDS populations. They found that
counselor
ratings of the dilemmas loaded onto eight categories, namely,
disclosure, family/social,
legal, health, death, vocational, sexual, and counselor/client
relationship issues.
This study also examined demographic characteristics of counselors that
could predict
their ratings of the extent to which they face those dilemmas. Three
predictors were
found to be significant: previous training in HIV/AIDS, age, and sexual
orientation.
An argument can be made that the latter two variables involve culture as
a source
of variability. The authors of this study concluded that counselors
addressing dilemmas
encountered in their work with this population need to be competent in
dealing with
the cultural aspects involved.
Moreover, Garcia, Forrester, and Jacob (1998) wrote an extensive article
on why an
integrative model of ethical decision making was best suited for
counselors working
in this setting, and they suggested that cultural modifications of the
Integrative
Model (Tarvydas, 1998) were necessary. The transcultural model was a
response to
that statement and seems particularly suited to use in HIV/AIDS
counseling settings.
Herlihy and Corey (1995) examined a broader set of possible dilemmas
that included
issues related to informed consent, competence, multicultural
counseling, multiple
clients, working with minors, dual relationships, suicidal clients,
counselor training
and supervision, and the interface between law and ethics. They
presented a series
of case studies illustrating the nature of the dilemma and a potential
solution based
on an analysis of the code of ethics. An argument can be made that the
transcultural
ethical dilemma resolution presented here could add specific tools to
deal with those
issues, particularly those related to multicultural counseling,
competence, dual
relationships, counselor training and supervision, and serving multiple
clients.
Other authors have presented case examples that involve cultural factors
in counseling
women, women in prisons, and individuals with disabilities. Pitman
(1999) provided
cases involving lesbian clients who faced rigid societal values and
prejudices concerning
their sexual desire, sexual behavior, and physical appearance. Bruns and
Lesko (1999)
analyzed the complexities of working with women in prisons, where
counselors face
dilemmas related to working in an oppressive, racist, and patriarchal
institution.
Olkin (1999) described dilemmas encountered by professionals working
with people
with disabilities. Central dimensions associated with those dilemmas
include value
and quality of life, morality, normality and deviance, justice,
interdependence,
and mortality. Again, most of these aspects imply differing cultural
values and worldviews,
which is the focus of a transcultural ethical model.
The aforementioned studies examined provide a nonexclusive sample of
settings in
which the model proposed in this article could be of benefit. Surely,
other studies
will appear in the future when other researchers begin to focus more
closely on this
subject.
SUMMARY AND CONCLUSION
The focus of this article was to propose a transcultural integrative
model of ethical
dilemma resolution for counselors facing ethical dilemmas in which
cultural factors
may play an important and perhaps definitive role. To undertake this
task, we first
reviewed the current multicultural counseling literature to evaluate how
the main
counseling theories and approaches have integrated cultural variables
into their
conceptual framework. Different authors (Ivey et al., 1997; Sue & Sue,
1999) summarized
these advances in psychodynamic theory (Ainsworth, 1979; Bowlby, 1988;
Taub-Bynum,
1984), cognitive-behavioral theory (Cheek, 1976; Kantrowics & Ballou,
1992), existential
theory (Bingswanger, 1963; Boss, 1963; Miller, 1991), and a
culture-centered meta-theory
(Sue et al., 1996). Second, we studied relevant ethical decision-making
models available
for counselors today. These included the rational (Forester-Miller &
Davis, 1995),
Virtue Ethics (Jordan & Meara, 1995), Social Constructivist (Cottone,
2001), Collaborative
(Davis, 1997), and Integrative (Tarvydas, 1998) models. This review
showed that despite
the extensive advances in adding a cultural perspective to counseling
theory, these
conceptualizations have not necessarily been taken into account in the
development
of ethical decision-making models.
However, these ethical models offered a number of conceptual and
procedural strengths
that could make them compatible with a multicultural perspective in
ethical dilemma
resolution. The Rational Model involves a seven-step linear method that
gives counselors
specific critical-evaluative tools for ethical reasoning; the Virtue
Ethics Model
implies a focus on the moral qualities or virtues of counselors who can
then transform
these qualities into actions that help solve a dilemma; the Social
Constructivist
Model is a nonlinear model that allows counselors to engage in an
ongoing social
interaction conducive to discrepancy reduction; the Collaborative Model
includes
a four-step linear sequence that aims at establishing collaboration
between the parties
in conflict; and the Integrative Model combines both principle and
virtue ethics
philosophies as well as an analysis of the institutional and societal
context that
affects the ethical dilemma and the stakeholders involved.
We combined the strengths of each of these models and the main cultural
tenets of
counseling theories into a four-step transcultural model aimed at
providing counselors
with a reference model to address issues or dilemmas faced in their
interaction with
clients from differing cultural backgrounds. Primarily the model uses an
adaptation
of the four-stage Integrative Model by adding a transcultural dimension
under each
of those stages. In addition, the model incorporates elements of the
collaborative
and social constructivist approaches under Steps 2 and 4 that consider
collaboration
to reach an agreement and implementation of the final resolution.
Principle and virtue
ethic philosophies are reflected primarily in Steps 1 and 2, which
involve counselor
sensitivity and awareness and using a rationale for reaching a final
course of action.
At this stage, we consider the proposed Transcultural Integrative
Ethical Decision-Making
Model as preliminary. Further research is needed to validate its
components and applicability
with counselors working with diverse populations. We are pursuing an
empirical validation
strategy that uses a sample of counselors working in agencies that serve
diverse
clients (e.g., counselors working in public rehabilitation agencies).
These counselors
receive training on specific ethical decision-making models (e.g.,
rational, integrative,
transcultural) in a modality that best fits their learning needs (e.g.,
online, face-to-face).
Pre-post data are collected on a measure of competence to solve an
ethical dilemma
with cultural characteristics (evaluated by national experts who are
blind to the
purpose of the research), and postdata are collected through a rating
scale that
involves asking the participant to rate each model regarding format,
theory, self-efficacy,
and applicability aspects of each model. Under this strategy it is also
possible
for researchers to use an experimental group design, because some
participants may
be randomly assigned to an experimental group receiving training on the
transcultural
model and other participants may be randomly assigned to one or more
control groups.
We hope that this line of research will yield a model that counselors
can use as
a reference when encountering dilemmas that cannot readily be solved
with the current
models available.
TABLE 1
Comparison Chart of Selected Ethical Decision-Making Models
Variable Rational Virtue Ethics
Conceptual Based primarily on Theory of virtue and the
foundations principle ethics virtues of the one
acting (e.g.,
counselor)
Structure Seven-step linear Nonlinear, three-level
progression appraisal of the one
acting
Strengths It involves a systematic, It involves self-
critical-evaluative level understanding and
of analysis of the judgment about who
dilemma based on one is and ought to
specific ethical become in dealing with
principles, standards, a particular dilemma,
and laws.
Weaknesses An analysis of cultural Virtues that would be
elements of the most applicable to
dilemma is not dilemmas involving
articulated in any of individuals with
the seven formulated differing worldviews
steps. are not specifically
defined.
Social
Variable Constructivism Collaborative
Conceptual Biology of cognition Relational approach
foundations theory based on group
perspective
Structure Nonlinear social Four-step linear
interaction progression
Strengths Because it is based on Because it is based on
an ongoing social collaboration, the
interaction, the opportunity to reach
potential for counselor/ a mutually satisfac-
client discrepancy is tory solution is
diminished while enhanced.
consensus is
emphasized.
Weaknesses The process of Even though it is
dilemma resolution is based on a group
vague as it relates to perspective, authors
the cultural aspects of of this model did not
the social interaction elaborate on the
and structure. cultural variables of a
relational approach.
Variable Integrative
Conceptual Blending of rational and
foundations virtue ethics
Structure Four-stage linear
progression
Strengths Because it combines
rational and virtue
ethics, users of this
model focus on both
the dilemma and the
character of the
counselor while
considering contex-
tual factors.
Weaknesses Although it considers
counselor character-
istics and contextual
factors, it does not
include specific
cultural variables.
TABLE 2
Transcultural Integrative Model of Ethical Dilemma Resolution in
Counseling
Step 1: Interpreting the Situation Through Awareness and Fact Finding
A. Enhancement of sensitivity and awareness
General: Emotional, cognitive sensitivity and awareness of needs and
welfare of the people involved
Transcultural: Counselor attitudes and emotional reactions toward
cultural groups; counselor knowledge of client's culture; counselor
awareness of own and the client's cultural identity, acculturation,
and role socialization; counselor awareness of own multicultural
counseling competence skills.
B. Reflection to analyze whether a dilemma is involved
General: A dilemma occurs when counselors have opposing options.
Transcultural: Determining whether the identification of the courses
of action involved in the dilemma reflects the counselor's worldview,
the client's, or both
C. Determination of major stakeholders
General: Identification of the parties who are affected and their
ethical and legal relationships to the client.
Transcultural: Determining the meaningful parties involved based on
the cultural values of the client.
D. Engagement in the fact-finding process
General: Reviewing and understanding current information as well as
seeking new information.
Transcultural: Gathering relevant cultural information such as
immigration (history, reasons, and patterns), family values, and
community relationships
Step 2: Formulating an Ethical Decision
A. Review the dilemma.
General: Determine whether the dilemma has changed or not in light of
the new information gathered in Step 1.
Transcultural: Ensure that the cultural information gathered in Step 1
was considered when reviewing the dilemma.
B. Determine relevant ethical codes, laws, ethical principles,
institution policies, and procedures.
General: Determine the ethics laws and practice applicable to the
situation.
Transcultural: Examine whether the ethics code of your profession
contains diversity standards; examine potential discriminatory laws,
institutional policies and procedures; estimate potential conflict
between laws and ethics resulting from a cultural perspective.
C. Generate courses of action.
General: List all possible and probable courses of action.
Transcultural: Make sure courses of action selected reflect the
cultural worldview of the parties involved. Use relational method and
social constructivism techniques (negotiating, consensualizing, and
arbitrating) as appropriate to reach agreement on potential courses of
action. (a)
D. Consider potential positive and negative consequences for each
course of action.
General: List both positive and negative consequences under each of
the courses of action selected above.
Transcultural: Consider the positive and negative consequences of each
course of action from within the cultural worldview of each of the
parties involved. Again, consider using a relational method and social
constructivism techniques to reach agreement on analyzing consequences.
E. Consultation
General: Consult with supervisors and other knowledgeable professionals.
Transcultural: Consult with supervisors and professionals who have
pertinent multicultural expertise.
F. Select the best ethical course of action.
General: Based on a rational analysis of the consequences and ethical
principles underlying the competing courses of action, determine the
best course of action.
Transcultural: Based on a relational method and a cultural analysis of
the consequences of each selected course of action, choose the course
of action that best represents an agreement between the cultural
worldview of the client and that of the other parties involved. Use
social constructivism techniques to choose a course of action mutually
satisfying to key parties.
Step 3: Weighing Competing, Nonmoral Values and Affirming the Course
of Action
A. Engage in reflective recognition and analysis of personal blind
spots.
General: Identify counselors' nonmoral values that may interfere with
the implementation of the course of action selected.
Transcultural: Identify how the counselors' nonmoral values may be
reflecting a culture different from the clients' culture.
B. Consider contextual influences on values selection.
General: Consider contextual influences on values selection at the
collegial, professional team, institutional, and societal levels.
Transcultural: In addition to the levels mentioned above, counselors
consider values selection at the cultural level.
Step 4: Planning and Executing the Selected Course of Action
A. Develop a reasonable sequence of concrete actions.
General: Divide that course of action into simple sequential actions.
Transcultural: Identify culturally relevant resources and strategies
for the implementation of the plan.
B. Anticipate personal and contextual barriers and counter measures.
General: Anticipate and confront personal and contextual barriers to
successful implementation of the plan of action and counter measures.
Transcultural: Anticipate cultural barriers such as biases,
discrimination, stereotypes, and prejudices. Develop effective and
relevant culture-specific counter measures, for instance, culturally
sensitive conflict resolution and support.
C. Implementation, documentation, and evaluation of the course of
action
General: Execute course of action as planned. Document and gather
valid and reliable information and evaluate accuracy of the course of
action.
Transcultural: Use a relational method and social constructivism
techniques to identify measures and data sources that include both
universal and culture-specific variables.
Note. Adapted from Table 6-1 in Ethical and Professional Issues in
Counseling (p. 147), by R. R. Cottone and V. M. Tarvydas, 1998, Upper
Saddle River, NJ: Prentice Hall. Copyright 1998 by Pearson Education,
Inc. Adapted with permission.
(a) Relational Model as described in Davis (1997), and Social
Constructivism Model as described by Cottone (2001).
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Jorge G. Garcia, Stacey M. Winston, and Barbara Borzuchowska, Department
of Counseling,
Human and Organizational Studies, The George Washington University;
Brenda Cartwright,
Department of Counselor Education, University of Hawaii. Correspondence
concerning
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Counseling, Human
and Organizational Studies, The George Washington University, 2134 G
Street Washington,
DC 20052 (e-mail: Garcia at gwu.edu).
-1-
Questia, a part of Gale, Cengage Learning. www.questia.com
Publication Information:
Article Title: A Transcultural Integrative Model for Ethical Decision
Making in Counseling.
Contributors: Jorge G. Garcia - author, Brenda Cartwright - author,
Stacey M. Winston
- author, Barbara Borzuchowska - author. Journal Title: Journal of
Counseling and
Development. Volume: 81. Issue: 3. Publication Year: 2003. Page Number:
268+. COPYRIGHT
2003 American Counseling Association; COPYRIGHT 2003 Gale Group
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