I am inquiring into the process of reporting sexual misconduct by another psychologist. It was my understanding that we are to report and essentially break confidentiality when we are informed of sexual misconduct by another psychologist. However, when I read the guidelines, I was not able to find anything about mandatory reporting. The guidelines offer suggestions in terms of encouraging and supporting clients in the process should they report (see below). My client has requested that I do not report and has expressed concerns that it may fall back on them and impact their family etc. I am the primary psychologist for this client; however, the clinician in question was facilitating a program and responsible for their care while in this program. As you can imagine, I don’t want to break trust etc. of my adult client, but this is also a very serious matter and needs to be handled appropriately.

“The Board has established the following as an appropriate standard of practice to be followed when a psychologist is informed by a complainant of an allegation of sexual misconduct by another psychologist: (i) Inform the complainant that sexual contact between a client of psychological services and a psychologist is unethical and strictly prohibited by the professions. (ii) Assist the client in a decision-making process that involves a review of all options available to him or her and includes a review of the likely benefits and risks of each option as well as the likely consequences of inaction. (iii) Inform the client of the procedures to be followed in the event he/she wishes to pursue a complaint. (iv) Assist the client in pursing the complaint where appropriate either by providing support directly or by referring the client to other existing services.”I would appreciate any suggestions or clarification surrounding this manner. I am also consulting with another psychologist.

I have consulted on your question. As you are no doubt aware, the Code of Ethics states the following:7. Bring concerns about possible unethical actions of a more serious nature (e.g., actions that havencaused or could cause serious harm; actions that are considered misconduct in the jurisdiction) tonthe person(s) or body(ies) best suited to investigating the situation and to stopping or offsetting thenharm.

Additionally, if necessary, confidentiality could be breached, in circumstances such as those outlined below.

II.43 Act to stop or offset the consequences of seriously harmful activities being carried out by another psychologistnor member of another discipline, when there is objective information about the activities and the harm. This mayninclude reporting to the appropriate regulatory body, authority, or committee for action, depending on thenpsychologist’s judgment about the person(s) or body(ies) best suited to stop or offset the harm, and would benconsistent with the privacy and confidentiality rights and limitations of the individuals and groups involved.

(See Standards I.45 and IV.17.)

The information you referred to and steps you are taking appear appropriate. There is no legislative requirement in the Regulated Health Professions Act and the Psychology Regulations to breach confidentiality in this instance and report to NSRP, unless the matter engaged a particular piece of legislation applying to a specific population (e.g., Children and Family Services Act, etc.) or the Section of Code of Ethics referred to. Breaching confidentiality may be necessary under II.43 of the Code of Ethics for Psychologists if one were attempting to stop or offset harm, but it sounds like this is a historical matter, so generally the client’s wishes would be a primary consideration. If there are any procedural questions about the NSRP complaint process that you would like to relay to the client, please let us know.