VICTIM ASSISTANCE ETHICAL STANDARDS
PREAMBLE
Society values the rights of crime victims as they face the effects of their victimization which can include obtaining services from a wide array of community providers, navigating the court systems (state and federal as well as criminal and civil court systems), accessing the medical system, and dealing with governmental agencies such as the Department of Corrections, Law Enforcement Departments, Department of Social and Rehabilitation Services. The field of victim assistance arose from the need to provide victims with support, justice, advocacy, risk reduction, and access to services in a respectful manner. Although victim assistance providers come from a wide range of providers encompassing both state agencies and non-profit organizations, they share a common goal towards the victim and are united in their efforts for the victim.
The primary purpose of victim assistance providers is to support crime victims so that the victims can deal with the effects and impact of victimization. Particular attention is paid to enabling victims to navigate the systems, to know their rights, and to become self-empowered and survivors.
Professional ethics are at the core of victim assistance. Through the Ethical Standards, victim assistance providers articulate their aspirations. In particular, the Ethical Standards serve the following functions:
Ø Articulate core values such as honesty, responsibility, integrity, respect for victim’s rights and dignity, justice, doing no harm, and safeguarding a victim’s welfare and rights.
Ø Provide guidance for victim assistance providers when ethical questions or conflicts arise.
Ø Provide a training tool and guidance for new victim assistance providers.
Ø Provide accountability to the victim, other victim assistance providers, and the community.
The Ethical Standards guide victim assistance providers when ethical issues arise; they do not tell victim assistance providers how to act in all circumstances. In addition to the Ethical Standards, there are other guides that can provide information about ethical decision-making including the Codes of Ethics of other organizations to which the victim assistance provider may belong and their own personal values. In addition, victim assistance providers need to take into account context when applying these principles.
The Ethical Standards are to be used by individuals, agencies, organizations and groups that chose to adopt them or use them as a frame of reference. Violation of the Ethical Standards does not automatically imply civil liability or violation of the law.
The Ethical Standards are part of the victim assistance provider’s commitment to act ethically and uphold the profession’s values. By making the Ethical Standards public, they will assist victim assistance providers in making ethical decisions in a more consistent manner and will reinforce accountability between the victim assistance provider and the victim, fellow professionals, and society.
SECTION I: SCOPE OF SERVICES
Ethical Standard 1.1: The victim assistance provider understands his or her legal responsibilities, limitations, and the implications of his/her actions within the service delivery setting and performs duties in accord with laws, regulations, policies, and legislated rights of persons served.
Ethical Standard 1.2: The victim assistance provider accurately represents her or his professional title, qualifications, and/or credentials in relationships with persons served and in public advertising.
Commentary: The victim assistance provider has an obligation to inform the victim of the nature of services, the purposes, the goals, procedures, and limitations that may affect the professional relationship.
The victim assistance provider’s job title and/or professional credentials are to be disclosed to all persons served and in written communications to avoid misunderstandings and misconceptions about the victim assistance provider’s credentials, role, and responsibilities. The victim assistance provider will not use credentials that are unrelated to the job or role being performed (e.g. a counseling degree when employed in a position that does not include counseling).
The victim assistance provider’s title is to be included if the victim assistance provider’s name appears on business cards, letterhead, brochures, directories, and advertisements. In advertisements, the victim assistance provider may describe fees, professional qualifications, contact information, and services provided. The victim assistance provider is discouraged from advertising services with regard to quality or uniqueness and from using victim testimonials. Advertisements are to be factual and avoid misleading promise of cures. Advertisements and brochures should include whether the victim assistance provider is part of nonprofit, for profit, or governmental entity. If the victim assistance provider is part of a larger organization, that information should be disclosed in advertisements or brochures.
The victim assistance provider is to abstain from fraudulent use of letterhead, business cards, or other promotional materials, or of any record, diploma, or certificate. Fraudulent use includes conditions in which materials have been illegally or fraudulently obtained or issued, or which is misrepresentative in any way.
Ethical Standard 1.3: The victim assistance provider maintains a high standard of professional conduct.
Commentary. The victim assistance provider is to avoid impropriety and the appearance of impropriety and should not engage in any conduct that would adversely affect his/her fitness to provide services. When analyzing whether conduct is improper or appears improper, the victim assistance provider should consider how her/his conduct is viewed by the victim. Such conduct may include, but is not limited to: violence, dishonesty, interference with the administration of justice, and/or abuse of a professional position or public office.
The victim assistance provider is to be respectful of the rules, procedure, and decorum before a court or other adjudicatory body or when interacting with any other agency or organization on the victim’s behalf (e.g. law enforcement, Department of Corrections, SANE nurses).
The victim assistance provider is not to use his or her official position to secure gifts, monetary rewards, or special privileges or advantages.
The victim assistance provider is to clearly distinguish her or his personal views from positions adopted by organizations for which she or he works or is a member, and is not to communicate personal views on organizational letterhead or any other organizational communication tools (e.g. e-mail).
Ethical Standard 1.4: The victim assistance provider achieves and maintains a high level of professional competence.
Commentary. The victim assistance provider is to take all necessary and reasonable steps to maintain continuing competence in service provision, including knowledge of relevant scientific and professional information related to the services he/she renders. The victim assistance provider will recognize the need for ongoing professional development and make appropriate use of professional, technical, and administrative resources.
The victim assistance provider is to limit services to those permitted within the program position, and service will be confined to tasks within the victim assistance provider’s range of knowledge and skill. The victim assistance provider is to obtain supervision or engage in consultation when necessary to serve the best interests of the victim. The victim assistance provider is to make a referral to other professionals when the services required are beyond the victim assistance provider’s competence.
When acting as a supervisor, the victim assistance provider refrains from assigning a task to another individual when the victim assistance provider knows that the other individual is not licensed to perform the task or has not developed the competence to perform such a task. When acting as a supervisor, the victim assistance provider creates a welcoming, open door atmosphere for the supervisee so the supervisee can feel free to seek support and advice. The supervisor provides regular contact with the supervisee including regular and constructive feedback, and development of a plan for professional development. Victim assistance providers will ensure that volunteers have access to the training, supervision, resources, and support required to competently provide quality services.
Victim assistance providers shall not allow their personal problems, psychosocial distress, legal problems, substance abuse, or mental health difficulties to interfere with their professional judgment and performance or to jeopardize the best interest of people for whom they have a professional responsibility.
Ethical Standard 1.5: The victim assistance provider who provides a service for a fee informs a person served about the fee at the initial session or meeting.
Commentary. For any billed services, the person served shall be informed if there is a fee for an initial consultation or meeting and payment for subsequent services must be arranged at the beginning of the professional relationship. Discussion is to include the use of insurance reimbursement and how it will be handled; charges for missed or cancelled appointments, vacations, and any other financial issues. The payment arrangement must be provided in writing to a person served. The victim assistance provider is to provide, upon request from a person served, their legal guardian, or other authorized representative, a written explanation of the charges for any services rendered.
The victim assistance provider may accept goods or services from the person served or a third party in exchange for a victim assistance provider’s services (e.g. bartering). This arrangement must be provided in writing to the person served and shall include how the goods or services are being valued. The victim assistance provider shall use the community rate of return for goods and services (e.g. the hourly rate for snow removal). If there are any questions that acceptance of services or goods from the person served or a third party would create a conflict of interest, the victim assistance provider shall seek consultation or supervision regarding perceived conflicts of interest. The written agreement will include provisions for renegotiation or cancellation.
The victim assistance provider neither accepts nor gives a commission, rebate, fee split, or other form of remuneration for the referral of a person served.
SECTION II: COORDINATING WITHIN THE COMMUNITY
Ethical Standard 2.1: The victim assistance provider conducts relationships with colleagues and other professionals in such a way as to promote mutual respect, public confidence, and improvement of service.
Commentary. Although, victim assistance providers recognize that individual victim assistance providers may have different roles and legal constraints, victim assistance providers affirm that they share a common goal towards the victim and are part of a greater community united for the benefit of the victim. To maintain the credibility and effectiveness of the profession, victim assistance providers need to hold each other accountable but need to do so in a way that is respectful and constructive.
Ethical Standard 2.2: The victim assistance provider shares knowledge and encourages proficiency in victim assistance among colleagues and other professionals.
Commentary. The victim assistance provider possesses a willingness to transmit her or his knowledge and skills to others, including paid and volunteer victim assistance providers. This includes ensuring that volunteers have access to the training, supervision, resources, and support required in their efforts to assist persons served.
The victim assistance provider is to view his/her role and responsibilities as part of an overall team of justice and service personnel, with knowledge sharing directed toward delivery of quality victim services. The victim assistance provider is to interact effectively and sensitively with all members of the team. Each victim assistance provider will treat with respect the findings, views and actions of colleagues and use appropriate channels to express concern on these matters. This includes use of group skills, such as cooperation, leadership, and listening; respect for cultural and religious differences of team members; management of conflict in the work place through consideration of others’ points of view; and respect for the philosophies and practices of varied disciplines.
When acting as a supervisor, the victim assistance provider helps colleagues plan for professional development, helps colleagues identify and obtain resources for professional development, and documents these efforts.
Ethical Standard 2.3: The victim assistance provider serves the public interest by contributing to the improvement of systems that impact victims of crime through individual efforts or working collaboratively with agencies, organizations, and the public.
Commentary. The victim assistance provider is expected to participate in professional activities and to undertake community responsibilities when these are essential to the attainment of program goals. The victim assistance provider is to be sensitive to service needs of the public and to promote the development and implementation of programs that address such needs. As allowed by agency policy and/or funding source, the victim assistance provider is encouraged to participate in community efforts directed toward prevention of victimization, improvement of the justice/services systems, or improving access to these systems. The victim assistance provider is further encouraged to work toward change in policies, laws, and system that are unjust, discriminatory, outdated, or ineffective.
SECTION III: Direct Services
ETHICAL STANDARD 3.1: The victim assistance provider respects and attempts to protect the victim’s civil rights.
Commentary: In addition to basic civil rights, a number of other rights have been prescribed for victims in statutes, state standards, legislative proposals, and other sources. The victim assistance provider is encouraged to attend to the following guidelines for victim rights:
· The victim retains all basic civil rights in the professional relationship.
· The victim retains the right not to be discriminated against in the provision of services on the basis of race/ethnicity, language, sex/gender, age, sexual orientation, (dis)ability, social class, economic status, education, marital status, religious affiliation, residency, HIV status or any other medical or mental status.
· The victim retains the right to release his/her confidential information and records and have that right protected.
· The victim retains the right to know any and all exceptions to the confidentiality privilege, including the victim assistance provider’s mandates to report (as applicable by state/federal law) child abuse and abuse to vulnerable adults. (Vulnerable adult is defined in 33 V.S.A. §6902(14).)
ETHICAL STANDARDS 3.2: The victim assistance provider recognizes the interests of the person served as a primary responsibility.
Commentary: Although service provision is dictated by the limits of ethics, program policy, and state and federal laws, the victim assistance provider is to provide the victim with information regarding the victim’s options and potential consequences of different decisions so that the victim can make an informed decision about her/his best interests. The victim assistance provider should then advocate for what the victim desires (see Ethical Standard 3.4). We recognize that conflicts may arise between the victim’s interests and the interests of the victim assistance provider or program. If conflicts arise between the victim’s interests and those of the victim assistance provider or program, the victim assistance provider is to offer verbal disclosure to the victim and should first try to resolve the conflict with the victim; doing so may include seeking help from an appropriate person such as a supervisor or a peer. If they are unable to resolve the conflict, the victim assistance provider should give the victim a referral for an alternate provider, or seek professional consultation regarding appropriate resolution of the conflict. If the victim believes there is a conflict between her/his desires, the victim assistance provider should have a written policy in place for the victim to seek resolution of the conflict.