Master's Theses

Department

Advanced Education Programs

Degree Name

Education Specialist (Ed.S)

Abstract

The problem of this study is the collation of facts and legal decisions essential to an understanding of the historical development of the concept of privileged communication and its implications for school counselors. For many years, lawyers, physicians, and clergyman have been, in most states, protected by "privileged communication" by the nature of their professional services. Privilege has been held to be a matter of statute, and the general rule is that there is no privilege in the absence of statute. It would seem that the nature of the counselor-counselee relationship requires, for the protection of the counselee, that legal protection be afforded it. Counselors must not and should not be required nor even permitted to reveal confidential information conveyed to them in their professional capacity except under conditions in which members of other professions such as theology, law, and medicine would be called upon to reveal such information. Furthermore, the counselor, it would seem, would have immunity, and communications relative to his activities should ipso facto be privileged. Without privileged communication, counselors will fail to establish rapport necessary for establishing effective counseling.

Keywords

Counselors, School employees, Confidential communications, Legal reform, Kansas, Education, Psychology, Protection

Advisor

Dr. Emerald Dechant

Date of Award

Summer 1964

Document Type

Thesis - campus only access

Rights

© The Author(s)

Comments

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