To report or not to report, that is the question: What should we do when we witness unethical behavior in others?

Sadly, no matter how well we embrace, value, and endorse our ethical principles that are well-articulated in our American Psychological Association’s Ethical Principles of Psychologists and Code of Conduct (hereafter referred to as our Code of Ethics) (2017), we inevitably will interact and work with colleagues and organizations who behave in ways contrary to these important principles. What should we do when this happens? Should we approach our colleagues and organizations to offer them corrective feedback about potential ethical violations in their work? What should we do if these violations are especially egregious, perhaps involving, for example, exploitive dual relationships, gross incompetence, financial exploitation or embezzlement, illegal activities, confidentiality breaches, or other serious ethical violations? Should we look the other way, being mindful that whistleblowers often get victimized when they report or confront those engaging in unethical and unprofessional behaviors?

Recently our ABPP Ethics Consultation Committee offered a three-hour continuing education workshop on this topic and we experienced record breaking attendance with over 1,000 people tuning in for our live presentation. We seem to have hit a nerve, suggesting that this problem is a common dilemma and one that our ABPP specialists want help with negotiating as thoughtfully (and ethically) as possible. While there are often serious and unique considerations with each situation, there are some general principles that we all might consider in trying to problem solve situations where we are confronted with unethical behavior in our colleagues or institutions.

The APA Ethical Principles of Psychologists and Code of Conduct is meant to guide psychologists towards the highest ideal of ethical practice of psychology (APA, 2017). The Code does not apply to non-psychologist colleagues as each professional discipline typically has their own code of aspirational and guiding ethical principles.  The ethics codes for social workers, marriage and family therapy, psychiatry, and other health professions, however, tend to be very similar to those of psychologists and thus ethical principles for these professionals significantly overlap with ours. Additionally, most state licensing boards expect and demand professional and ethical behavior that is typically closely aligned with our APA Code of Ethics.

When confronted with perceived unethical behavior in colleagues and institutions, our first step might be to review the relevant sections of the Code of Ethics to see exactly what is and what is not expected in terms of professional ethical behavior. It is important to mention that the Code of Ethics is based on an educative model suggestion that we try to resolve ethical challenges by offering corrective feedback to our colleagues and work towards an informal and collegial resolution. However, if the problematic unethical behavior is especially egregious or perhaps even illegal, then we may have reporting obligations to licensing boards, professional ethics committees, or even to law enforcement.

The APA Code of Ethics (APA, 2017) offers specific strategies for resolving ethical dilemmas. They include: 

Section 1: Resolving Ethical Issues

1.04 Informal Resolution of Ethical Violations
When psychologists believe that there may have been an ethical violation by another psychologist, they attempt to resolve the issue by bringing it to the attention of that individual, if an informal resolution appears appropriate and the intervention does not violate any confidentiality rights that may be involved. 

1.05 Reporting Ethical Violations
If an apparent ethical violation has substantially harmed or is likely to substantially harm a person or organization and is not appropriate for informal resolution under Standard 1.04, Informal Resolution of Ethical Violations, or is not resolved properly in that fashion, psychologists take further action appropriate to the situation. Such action might include referral to state or national committees on professional ethics, to state licensing boards, or to the appropriate institutional authorities. This standard does not apply when an intervention would violate confidentiality rights or when psychologists have been retained to review the work of another psychologist whose professional conduct is in question. 

Once it is determined that an ethical problem or conflict exists and that you decide that some intervention is needed, you should consider several factors before moving forward. These include (1) the severity of the unethical behaviors of concern, (2) the quality of evidence that you have available, (3) the personal impact on you and others if you bring these issues to the attention of the person committing the offenses or to others, (4) your own personal motivations for getting involved, and (5) the viability of reasonable alternatives to confrontation or to reporting. Additionally, you may wish to have a third-party present if you do not believe that the person or persons who you will be confronting would be open to corrective feedback or if the violations are especially serious. 

There are a number of situations that can arise that pose unique considerations, such as unethical behavior by a non-psychologist provider/co-worker, unethical behavior by directors, leaders, or supervisors, or unethical policies or organizational initiatives. These situations require special considerations and are often a particularly nuanced ethical conundrum. In these situations, consultation is a wise initial step. There are also a number of structured decision-making tools available within our profession designed to to guide psychologists in a systematic and standardized manner, providing a framework for ethical decision making.

It should be noted that many states have legal requirements regarding reporting unlawful and unethical conduct by health care providers. Since different states have different laws and obligations, psychologists should be familiar with the rules and laws and what your legal responsibilities might be for reporting problematic unethical behavior among your colleagues and institutions in your particular jurisdiction. Most states also offer legal protections for those in whistleblower roles as well. Be sure to check with your particular state requirements to be fully informed about the obligations, responsibilities, and expectations in your location.

Dealing with and confronting colleagues and organizations about unethical and problematic professional behavior is never easy and we may experience confusion and mixed emotions regarding if and how to proceed. We also may be fearful for our own well-being and may be concerned that we will be victimized if we bring our concerns up to others. We might wish to just look the other way and hope to stay out of trouble ourselves. However, we have all decided to become psychologists who embrace and value our ethical principles acting with respect, responsibility, integrity, competence, and compassion for others. Psychologists are natural leaders in shaping organizational culture and we need and should do the right thing even when it might be stressful to do so. Our ABPP Ethics Consultation Committee is available to help and welcome requests for consultations through our web portal. See here for details: https://abpp.org/specialists/ethics-education-consultation/ethics-consultation-process/. Don’t be shy as we are here for you and happy to help you, our colleagues, to think through ethical challenges. With support we can hopefully do the right thing for ourselves, our profession, and most importantly, those we are asked to serve.