● Organizational conflicts ● Unwarranted complaints
● Unfair discrimination against complainants and respondents ● Cooperation with ethics committees
The ACA Policies and Procedures for Processing Complaints of Ethical Violations The ACA Governing Council approved these policies and procedures in 2005, and they were revised July 31, 2020. The ACA’s directives for processing complaints of alleged violations, and resolving an ethical complaint, is detailed and extensive. This course includes a summary as follows, and the complete ACA policies and procedures should be downloaded and reviewed at https://www.counseling.org/ docs/default-source/center-resources/p_and_p_complaints_ of_ethical_violations.pdf?sfvrsn=fe0c292c_2. General 1. The American Counseling Association, hereafter referred to as the “Association” or “ACA,” is dedicated to
deadlines upon request by a Complainant or Charged Member. 7. The Co-Chairs have the latitude to adjust procedures for good cause as they deem necessary to protect any party, participant, or subject of a complaint. 8. Adjudication of the complaint shall correspond with the version of the ACA Code of Ethics in effect at the time of the alleged violation. Nature of Communication 1. Communications and complaints must be legibly printed or typed. 2. Correspondence related to ethical complaints may be provided by hard copy via certified means or electronic means, but complaints and Committee decisions must be signed. 3. Correspondence related to ethical complaints are to be addressed to the ACA Staff Liaison at the ACA Headquarters and marked “confidential,” if provided by certified mail. Intake and Finalizing of Submitted Complaints 1. Complainants are required to contact the ACA Staff Liaison prior to filing a formal complaint. 2. Complainants must identify who the complaint is about so that the ACA Staff Liaison can determine whether the person is subject to the jurisdiction of the ACA Ethics Code. 3. Complainants are sent a copy of these Policies and Procedures, the ACA Ethics Complaint Form, and a copy of the ACA Code. They are told that they will have to provide authorization for the release of information to and from the Charged Member about the complaint, in order for the complaint filing to proceed (as this is not an anonymous process). 4. If there is jurisdiction, the Complainant describes the reason for the complaint to the ACA Staff Liaison, who sends a formal Ethics Complaint form for the Complainant to identify: (a) the name and last known address of the Complainant, the Charged Member, and anyone who has knowledge of the facts involved; and (b) an explanation of how the code was violated. 5. The Complainant then works with the ACA Staff Liaison in order to accurately identify the ACA Ethics Code sections that apply, as necessary, to identify any evidence and witnesses the Complainant wants to offer. To then finalize the complaint, steps will be taken in setting forth into separate charges according to the sections of the ACA Ethics Code that were allegedly violated. 6. The Complainant maintains the right to approve or make any or none of the suggested changes made by the ACA Staff Liaison. 7. Once the Complainant is satisfied with the contents of the completed formal complaint, Complainants must sign the complaint to begin the formal adjudication process. 8. If the ACA Staff Liaison is unable to obtain a response from potential complainants for 45 business days after repeated attempts, those are treated as incomplete cases and are reported to the Co-Chairs and subsequently to the Committee as administratively dismissed but can be refiled by the Complainant in accordance with this policy.
promoting the professional development of counselors, advocating for the profession, and ensuring ethical, culturally inclusive practices that protect those using counseling services. 2. The Association, in furthering its objectives, administers the ACA Code of Ethics, hereafter referred to as the “ACA Code,” which has been approved by the ACA Governing Council. 3. This ACA Policies and Procedures for Processing Complaints of Ethical Violations (the “Procedures”) document provides guidance and procedures for handling and resolving ethics complaints brought against Charged Members under the ACA Code. It specifies the procedures for processing complaints and for the work of the ACA Ethics Committee (“Committee”). It sets forth: the standards and options for judging the ethical conduct of members, and as appropriate, imposing sanctions, and identifies appeals procedures. Jurisdiction 1. To be accepted, an ethics complaint must pertain to a “Charged Member,” meaning an individual who: a. Is a current member of the American Counseling Association; or b. Was an ACA member when the alleged violations occurred. Eligibility to File Complaints 1. The following individuals may file complaints (i.e., serve as “Complainants”): Any individual(s) who have reason to believe that an ACA member has violated the ACA Code. 2. The Co-Chair(s) of the Committee on behalf of the ACA membership when the Co-Chair has reason to believe through information received by or otherwise available to the Committee that an ACA member may have violated the ACA Code. Ethics Committee Members 1. The Ethics Committee is a standing committee of the Association with nine (9) appointed members, which includes two (2) Co-Chairs. 2. Generally, three Committee members are appointed each year by the President-Elect for three (3) year terms, subject to confirmation by the ACA Governing Council. 3. Timelines 4. The timelines set forth in these standards are guidelines only and have been established to provide a reasonable time framework for processing complaints. 5. The Committee may consider complaints received less than five years after the alleged conduct either occurred or was discovered by the complainant. 6. The Co-Chairs have the authority, in their discretion when justified by circumstances, to grant extensions of
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