Center for the Study of Ethics in the Professions at IIT

Home >> Codes of Ethics Online >> Other Professions >> American Association of Pastoral Counselors

(Amended April 28,1994)

As members of the American Association of Pastoral Counselors we are committed to accept the judgment of other members as to standards of professional ethics, subject to the procedures that follow. Refusal or failure to cooperate with an ethics investigation at any point may be considered grounds for Dismissal.

As members of AAPC we are bound by ethical standards to take action, according to the procedures outlined herein, when it appears that another member has violated the Code of Ethics. Whenever ethical questions arise and the answers do not appear to be clear, we consult with the Regional Ethics Committee for information and clarification.

A. General Procedures (For "Sexual Misconduct Cases" see "E")

I While all ethical violations are recognized as serious, if an alleged violation is not threatening to the well-being of the member or others, we are encouraged first to approach the member in question to see if the matter can be resolved through clarification or remonstrance.

If this fails, or if an alleged violation appears to be a serious threat to the well-being of the member or others, the matter is immediately referred to the Regional Ethics Committee. This constitutes a formal complaint and shall be made in writing to the Regional Ethics Committee which begins an investigation as soon as possible and in a deliberate and careful manner.

If members receive complaints of unethical conduct against them, they shall promptly report the complaints to the Regional Ethics Committee.

4. Regional Ethics Committees shall consult with the Association Chair or Committee immediately upon receipt of a complaint. The Executive Director of AAPC shall be notified by phone of the complaint.

5. A Regional Ethics Committee begins an investigation as soon as a complaint from a primary party has been received. A copy of the complaint (or a summary or a portion of it which indicates the nature of the complaint) is sent to the member against whom it is directed.

6. A Regional Ethics Committee may also begin an investigation based upon information obtained from other sources, including but not limited to:

a. Notification of Suspension or Dismissal from another professional organization or from the members endorsing faith group.

b. The media.

c. Knowledge that a member has been convicted of, or is engaged in conduct which could lead to the conviction of, a felony or of a misdemeanor related to the member's qualifications or functioning as a pastoral counselor.

d. Knowledge that a member has had a professional license or certificate suspended or revoked.

e. Knowledge that a member has shown a lack of competency to practice pastoral counseling due t impairment through physical or mental causes or the abuse of alcohol or other substances.

7. When a Regional Ethics Committee proceeds on its own initiative (in lieu of the receipt of a written complaint), it shall prepare a statement concerning the factual allegations against the member; a copy of this shall be sent to the member.

8Complaints may be brought by anyone. Complaints by members shall be brought promptly, with due regard for client confidentiality.

9Investigations usually include separate personal interviews by the Regional Ethics Committee with the person(s) who has made the complaint, with the member against whom the complaint has been made and with anyone else deemed necessary to obtain needed information. All parties involved are to be supported while at the same time not given unnecessary information or promises.

10. Notes are to be kept which include dates and brief summaries of all phone calls and meetings. These notes are to be kept confidential, including the use of initials instead of names whenever feasible. These notes should be clear enough to enable a reasonable person to conclude that the Regional Committee's investigation was adequate and its findings sufficient to sustain its determination(s).

11At the discretion of the Regional Ethics Chair, legal counsel may be obtained to ensure that these procedures are followed accurately. The member against whom a complaint has been made may also seek legal counsel, at his/her own expense, but under no circumstances shall legal counsel be present at any Ethics Committee meeting or investigative interview.

12. Any member of a Regional Ethics Committee who has or has had a close personal or collegial relationship with the member under investigation shall be excused from the investigation and deliberations of that case. If this includes the chairperson, a chair pro-temp shall be named. Regional Ethics Committees may recruit any member(s) of AAPC, from any region, for a specific investigation.

13. Confidentiality is crucial. However, when it is deemed to be in the best interest of protecting the public and the Association and its members, if a Regional or Association Ethics Committee is approached by a member of AAPC or of the public and is asked about allegations against a particular member, the committee member or chairperson may reveal to that person that a) an investigation of the alleged violation(s) is in process, or b) that the member is under discipline or either is or has been recommended for Dismissal. No other details are to be revealed.

14. Any member under investigation who moves to another region during the course of any disciplinary action shall notify in writing the Chairs of the Ethics Committees of both the former and new regions. A copy of each notification shall be sent to the other chairperson.

a. Investigations shall be conducted and completed by the Ethics Committee of the region in which the alleged violation occurred.

A copy of the complete file shall be sent to the Ethics Chair of the region into which the member relocates. That Chair shall be responsible for the management of the ongoing process until it is resolved in consultation with the original Ethics Chair.

Responsibility for the management of the case shall be transferred to the Ethics Committee in the new region at a time that is deemed appropriate by both Regional Ethics Chairs.

15. Investigations can be held and disciplinary actions can be taken only against those who were members at the time the alleged violation of the Code took place. Conversely, if a member resigns during or after such violation, or during the course of an investigation, ethics procedures shall proceed to completion.

B. Actions

When an investigation is complete, there are four courses of action that an Ethics Committee may take:

I . Advice that the complaint is unfounded.

2. Admonishment This action is meant to be educational when a member has been unaware of having violated the Code of Ethics.

3. Reprimand. This action is a serious reproof or rebuke of the member. It is based upon an assessment that the member has accepted responsibility for the violation and that the reprimand is adequate to ensure that it will not reoccur.

Actions 2 and 3 may be taken only in those cases in which the violation is deemed not to be threatening to the well being of the member or others. They are taken by the Regional Ethics Committees. The following is recommended by the Regional Ethics Committees for action by the Association Ethics Committee.

4. Dismissal. This action is taken when a violation of the Code is serious and demonstrates an essential lack of professional knowledge, procedures, and conduct, which are consistent with membership in AAPC.

When deemed appropriate, the Association Ethics Committee, or a Board of Review on behalf of the Ethics Committee, may offer the member a voluntary reduction of membership level to a membership category which is more in keeping with the members demonstrated level of pastoral functioning and need for supervision. The member is subsequently allowed to advance in membership categories through normal Membership Committee procedures; i.e., retain required number of hours of supervision for advancement, reappear before Membership Committee, etc.

When dismissed, and at the conclusion of possible appeals, the member shall submit membership certificate to the Executive Director. When a voluntary reduction of membership category has been accepted, the member shall submit existing membership certificate and may request a certificate for the new membership category at own expense.

The action of dismissal may be taken in any case but is mandated when a member has been found guilty in a court of law of a felony, or of a misdemeanor which is related to the member's functioning as a pastoral counselor.

C. Appeals Process and Records

With each of the four actions above, the action is communicated to the complainant and to the member by certified mail, return receipt requested, with notification that the decision may be appealed.

I Actions 2 and 3 may be appealed to the Association Ethics Committee, at which point the Regional Ethics Chair forwards the complete file along with a summary of the case to the Association Ethics Chair.

a. The Association Ethics Chair decides upon and organizes any additional investigation that may be necessary.

b. When this is accomplished, the Association Ethics Committee reviews the case and meets either in person or by conference call to discuss the appeal and to reach a decision.

If no appeal is received within 30 days of this receipt, a chronological summary (without names) of the case is sealed in an envelope with only the member's name on the outside. It is then sent to the Executive Director of AAPC for safe keeping.

d. The summary is to be kept by the Executive Director of AAPC for a period of twenty years, or longer if another investigation is begun. In the event another investigation of that member begins, the summary may be sent upon request to a Regional or Association Ethics Committee.

Action 4 may be appealed to an Appeal Board through notification of the Association Chair. The Appeal Board shall be made up of the Chair of the Association Ethics Committee, the Vice President of AAPC, and a member-at-large in AAPC, chosen by the Association Ethics Chair. 'Me Religious Endorsing Body (REB) representative shall be invited to participate as an observing (non-voting) member of the Appeal Board. The REB representative shall be informed of the details of a case only should they choose to participate on the Board. The Appeal Board may also include a representative of the AAPC Executive Director as a nonvoting, observing member.

a. The Association Ethics Chair, in consultation with legal counsel, decides upon and organizes any additional investigation that may be necessary.

b. When this is accomplished, the Appeal Board shall review the case and meet either in person or by conference call to discuss the appeal. It then reaches a final decision about the appeal.

c. If no appeal is received within 30 days of the above mentioned receipt, the procedure is the same as in 1, C.

d. The file, with summary, shall be kept by the Executive Director of AAPC indefinitely and shall be destroyed one year after the Association learns of the member's death. A Regional or Association Ethics Committee may request this file if another complaint is received or investigation is begun regarding the member. In addition, in the case of Dismissal, the file shall also be sent upon request to a Regional or Association Membership Committee if the person reapplies for membership.

e.If a member appeals a decision for Dismissal, the member shall cease all functioning as a pastoral counselor during the appeal.

3. Decisions by the Appeal Board regarding appeals are final.

D. Notifications

1. When issued a Reprimand the member shall report this status in writing to a present or prospective employer, including supervisors and consultants, and copies shall be sent to the Regional Ethics Chair. Notifications of a Reprimand shall be sent by the Association Ethics Chair to the member's endorsing faith group, relevant state regulatory agencies and any and all other professional organizations to which the member belongs.

2. Determinations of Reprimand or Dismissal, once the appeal time or procedures are over, are publicized to the membership in the next AAPC Newsletter. The announcement is limited to the member's full name and highest earned degree, geographical location, the fact and date of Reprimand or Dismissal and the specific Principle(s) of the Code violated. If a member is dismissed for violation of Principle VIII, first paragraph (refusal or failure to cooperate with an ethics investigation at any point), all other Principles alleged to have been violated shall also be listed.

3. In the case of Dismissal, the Association Ethics Chair, once the appeal time or procedures are over, shall notify the member's endorsing faith group, relevant state regulatory agencies, and any and all other professional organizations to which the member belongs. The specific information communicated is the same as above.

E. Sexual Misconduct Cases

When a complaint is received alleging sexual misconduct or violative harassment of Principle 111, G and H, the following procedures shall pertain:

I Upon receipt of a complaint, or information of a potential complaint, the Regional Ethics Chair shall immediately contact the AAPC Executive Director and the Association Ethics Chair to advise them of all initial information received, forwarding to the Executive Director a completed Regional Ethics Committee special report form on the matter. An investigatory process shall commence under the direct guidance of the Association's legal counsel, utilizing regional ethics committee members and resources as needed.

The Association Ethics Chair shall appoint a three member subcommittee of Association Committee members to receive the results of the investigation and act as a Board of Review for the case. The Regional Ethics Chair of the region from which the complaint arose shall be a member of the sub-committee, barring conflicts, and will not act as chair. Only members of the Association Ethics Committee may serve on the Board of Review. However, as a matter of discretion, the Association Ethics Chair may appoint to review boards a qualified fourth member in order to attain gender, racial, cultural, faith group, or sexual orientation balance and fairness. This person may be from the membership of AAPC, or, as deemed necessary, from the general public.

3. When acting as a Board of Review, the subcommittee shall act on behalf of the Association Ethics Committee, review results of the investigations, make provision as necessary for further fact finding and reach a decision on a disposition of the matter in accordance with Procedures, B, 1-4. The deliberations of the Board of Review are held in executive session and upon invitation open to the member, the complainant, and their respective counsel. Investigations, deliberation of facts, conclusions, and any disciplinary actions are not intended to replicate a court of law or legal process. Reasonableness and fairness shall be the standard for the Ethics Committee process rather than strict adherence to legal rules of evidence used in court.

4. The decision of the Board of Review may be appealed by the member only when the decision involves Reprimand or Dismissal. Appeals are made to an Appeal Board, as outlined in Section C.2. (above), which has final jurisdiction. Appeals must be made within 30 days of notification of the Board of Review's findings. If litigation is pending, the Board of Review may defer its decision to the outcome of such litigation, and on an interim basis impose nonappealable terms or conditions of discipline. If new and material facts are discovered within 30 days of the decision of the Board of Review, the member or complainant may ask the Board of Review for a re-hearing, provided that no appeal has been previously taken. A re-hearing is at the sole discretion of the Board of Review.

F. Board of Emergency Review

I To protect the public welfare, the rights of AAPC members, and the interests of the Association, a Board of Emergency Review is established. This board consists of the President (ex-officio), the Vice President, the Secretary, the Executive Director, the Deputy Executive Director, and at least one AAPC Committee Chair of a relevant committee or his/her designee. The Board of Emergency Review shall have legal counsel present whenever action is to be taken.

2. Upon notification that a member's conduct and actions appear to be so egregious that waiting for action and decision through the normal committee process presents an unacceptable level of risk to the public, the member, or the Association, the Board of Emergency Review has the authority to meet, to consider the facts, and to temporarily withdraw membership credentials pending full investigation of the case.

3. Notification shall be made to the member in writing. Further, notification shall be made to the committee investigating the case. The committee shall be notified that the Board of Emergency Review's decision to temporarily withdraw the member's credentials does not constitute a finding of guilt on the charges under investigation and does not absolve the committee of its responsibility to fully investigate the charges, render a decision, and make ultimate disposition of the case.

Notification shall be made to outside authorities, i.e., endorsing bodies, licensing boards, and other professional organizations to which the member belongs. These bodies will be notified in writing and told that the decision of the Board of Emergency Review does not constitute a finding of guilt on any charges but was taken only to protect the interests of the public, the member and/or the AAPC.