Formal Notice from the Ethics Committee
The National Executive has formally received from the Ethics Committee the outcome of case 381, after a hearing conducted in Wellington.
In its decision of 25th November 2014 the Panel found that the Respondent, Mr Bill Logan, was guilty of professional misconduct and/or conduct unbecoming a member of NZAC in the following particulars:
- Allowing Mr X, a beginning counselling student, to see clients despite Mr X not having contractual arrangements in place with his education provider; and
- Being involved in inappropriate intimate behaviour with Mr X, an employee;
- Accepting Mr Y as a client for counselling after Mr Logan had had a relationship of a sexual nature with him;
- Engaging in counselling with Mr Y without establishing the purpose of counselling or negotiating a clear counselling contract;
- Continuing to see Mr Y for counselling without proper consultation with him, when a referral to another counsellor would have been preferable;
- Maintaining a counselling relationship with Mr Y and, in particular, providing him with advice on immigration matters, such advice being not within the scope of Mr Logan’s competence.
In its decision as to sanctions dated 17th February 2015 the Panel decided:
- To reprimand Mr Logan for accepting Mr Y for counselling after he had had a relationship of a sexual nature with him;
- To reprimand Mr Logan for advising Mr Y to consider engaging in illegal activity, namely immigration fraud;
- To require Mr Logan to cease and desist from the following behaviours which the Panel considers inappropriate and unethical:
- The placement of counselling students in counselling roles without such placement being the subject of contractual arrangements between the students and their education provider;
- Engaging in social activities with clients, supervisees, people whom Mr Logan mentors, student counsellors or other individuals where there is an imbalance of power and age, in intimate behaviours such as flirting and nude spa parties;
- To require Mr Logan to undertake a programme of education and supervision under the direction of the Ethics Committee as specified below.
Specified Programme of Education
- The supervisor is to be a person approved by the Chair of the Hearing Panel.
- The supervision is to be at Mr Logan’s cost.
- Supervision is to proceed on a fortnightly basis for a period of 12 months from the date of this decision.
- The supervisor is to be provided by Mr Logan with a copy of both the Hearing Panel’s decision and the sanctions it then imposed.
- The supervision and education programme shall include, but not be limited to, the following topics:
- A study and reflection on the Panel’s decision of 25 November 2014;
- An analysis and reflection on power issues in interpersonal relationships and, in particular, in the relationships where Mr Logan holds a position as manager, supervisor, trainer and others are in the role of employee, supervisee, student and/or trainee;
- An analysis and reflection on the dynamics and interpersonal relationship issues between Mr Logan and those of different age, power, ability and status, particularly with regard to those identifying with gay communities, as these are the primary contexts of his work and relationships;
- A study and reflection on those provisions of the Code of Ethics, which the Panel has determined were breached by Mr Logan, and how he might change his practice to reduce the risk of further such breaches of the Code of Ethics.
- Mr Logan and his supervisor are each to provide two reports to the Chair of the Hearing Panel, the first no later than 28 August 2015, the second no later than 28 February 2016, and such reports are to contain detailed accounts as to the progress made in addressing the topics identified in paragraph 5 above.
On the Ethics Committee’s recommendation, National Executive has ruled that the outcome of the Panel’s hearing and the Respondent’s name be published on the NZAC website.
Sue Webb, Ethics Convenor