Code of conduct for employees

Rationale: Staff have the responsibility to respect the client and the professional boundaries of the counseling/helping relationship. VR staff should understand the inherent power imbalance that can exist in a counseling/helping relationship and the potential harm that can affect the relationship by crossing boundaries with clients.

1.) Gifting*

Giving gifts

VR staff members understand the challenges of their client's financial and emotional vulnerabilities. Well meaning staff may wish to lend clients money and/or offer other assistance in a time of need. However, staff must refrain from extending personal loans, financial assistance, or any type of gifts to their clients.  The most valuable service that VR staff can provide to a client is appropriate career planning leading to the development of an Individualized Plan of Employment (IPE) wherein the client’s needs are addressed.  Doing so enhances client autonomy and dignity without violating boundaries. Therefore, any type of gifting (whether in the form of money or service) by staff is prohibited.

Example: During the course of the employment discussion the client shares there is does not have enough money to pay for rent, groceries, and car insurance next month.  The client is worried about becoming homeless.  It is appropriate for VR staff to give the client several referrals for community resources.  It is not acceptable to offer to pay for the client’s rent with the staff member’s own money whether as a gift or loan or to provide any assistance from VR that the client is not eligible for under VR program laws, regulations, rules or directives/procedures.

Example: A VR staff member gets a phone call from a client that is currently hospitalized, client wants the VR staff member to go to the client’s home and make sure that everything is “off” and the house is locked.  Staff member explains this is not something the staff member can do.  Asks client to call friends, family, or talk to the hospital social worker for other options.

Example: A staff member is meeting with a client in the afternoon and the client needs work boots for a job that starts the following morning. It is appropriate to request a high priority authorization be completed that day. It would not be appropriate for the staff member to pay for any VR services with their own money.

Receiving gifts

VR staff should understand the issues surrounding accepting gifts from clients. If a staff member accepts a gift “of value” from a client it must be accepted on behalf of the office and shared with or placed in the office.  There cannot be any personal gain and the gift must be of minimal monetary value.

Example: A client brings in a platter of cookies for the VR staff member.  The staff member chooses to accept the cookies on behalf of the office and puts them in the break room for everyone to enjoy.

Example: A client brings in a small potted plant in gratitude for a VR staff member’s work on finding employment.  The VR staff member says, “Thank you, I’ll put this in the reception area for everyone to enjoy.”

Example: A VR staff member helped a client to start a home repair business.  The client expresses appreciation of the VR staff member’s hard work.  The client offers to give the staff member several home repairs at a “greatly reduced cost” to show how appreciation of the staff member.   The staff member recognizesthis is not appropriate, as this would be personally gaining from the situation.  The staff member politely refuses stating this is not necessary.

VR staff need to be aware that accepting personal gifts from clients for providing VR services can be cause for discipline under the NDE Personnel Rules and NDE-NAPE/AFSCME Agreement.  Accepting gifts in exchange for provision of VR services or doing something “extra” for a client can also be a Misdemeanor crime and subject the counselor to fines and penalties under state statute if it were to be determined that there was an agreement by the VR employee in that regard.

2.) Roles and relationships with clients and vendors

VR staff members will aspire to foster meaningful and respectful professional relationships and to maintain appropriate boundaries in face-to-face, written, and electronic communication with clients and vendors.

Prohibition of client relationships that may cause a conflict of interest

VR Staff are not allowed to provide direct services/support services to individuals with whom they have a personal relationship (i.e. immediate family, in-laws, prior or current romantic relationship, close friend, etc.), as this may cause a conflict of interest.  Any personal relationship with a client that may be viewed as a conflict of interest needs to be brought to the supervisor’s immediate attention for a determination of next action.  Another staff person may be assigned the case and QE2 access blocked from the personally involved staff member.

The development of personal and/or romantic relationships with a VR staff member's assigned client(s) is a serious violation of professional boundaries and is prohibited, as outlined in the Commission on Rehabilitation Counselor Certification. (2009). Code of professional ethics for rehabilitation counselors. Schaumberg, IL: Author

Example: In reviewing upcoming Orientation appointments of the week, a VR Staff recognizes the name of a past boyfriend on the calendar.  Appropriate action is to immediately contact VR Office Director and inform of the situation, client should be scheduled with a different counselor.

Example: VR Staff has a child who experiences a disability and will be seeing another VR Staff for services starting in the upcoming school year.  Appropriate action is for the VR Staff person to notify the VR Office Director of the conflict of interest and access to the case is subsequently restricted from their view in QE2.  

Example: During the provision of services a VR staff person begins to receive texts and emails from their assigned current client, which indicate a concern with boundaries.  Examples of the communication: "Would you like to meet for coffee this weekend?" "I really feel that we have a connection, will you wait for me?" "Thank you for all that you have done for me, I don't know where I would be without you.  Can I thank you by taking you out to dinner?" "My heart beats so fast when I see you." Appropriate action is for the VR staff to approach their supervisor to inform them of the situation and decide on the next steps based on individual circumstances.  In most cases, it is appropriate to reassign the client to work with another VR staff.  This removes the assigned VR staff from working with a client who has developed personal/romantic feelings for them. In less concerning scenarios, a conversation with the client about the professional role of VR staff and required boundaries is necessary. The case can continue with the same VR Staff, but needs to be monitored.  Ultimately, the level of comfort of the VR staff should also be taken into account.  It is, however, NEVER appropriate or acceptable for the VR staff to engage in or permit the development of a personal and/or romantic relationships with their assigned client(s).  

Sexual or romantic relationships with former clients 

VR staff are prohibited from having a sexual or romantic relationship with a former client they have provided direct services/support services to for a period of 5 years following the last professional contact. This also includes prohibition of relationships with the former client’s romantic partners, or immediate family.

The rationale for this rule is to ensure client’s cases are not closed prematurely to avoid a romantic or sexual relationship from being discovered and to allow enough time to pass for VR staff to be able to provide clients with professional services, void of romantic feeling.

Prohibition of vendor/employer relationships that may cause a conflict of interest

VR Staff are not allowed to provide direct services and/ or authorizations to vendors/employers with whom they have a personal relationship (i.e. immediate family, in-laws, prior or current romantic relationship, close friend, etc.) as this may be construed as a conflict of interest. A conflict of interest exists when financial or other personal considerations may compromise, or have the appearance of compromising the staff’s professional judgment. 

Example: Assisting or encouraging clients in an endeavor that directly benefits the vendor/employer, the vendor’s/employer’s family or business with which the staff is associated is not allowed.

Any relationship between the VR employee and a vendor /employer that may be viewed as a conflict of interest needs to be brought to the supervisor’s immediate attention for a determination of next action. 

Off duty VR staff behavior

VR Staff will behave in a manner that does not bring discredit to their agencies or themselves. VR Staff's character and conduct while off duty must always be exemplary, thus maintaining a position of respect in the community in which they live and serve. VR Staff's personal behavior must be beyond reproach.

The NDE Personnel Rules “Code of Ethics” chapter also addresses some of these and other similar situations. Violation of these rules is a basis for disciplinary actions.

The NDE-NAPE/AFSCME Agreement provides that violation of or failure to comply with the State Constitution, any statute, an executive order, published rules and regulations of the Agency; policies or procedures including work rules, the Agreement; or administrative memoranda is a cause for disciplinary action against the employee engaging in some types of relationships that can be a conflict of interest fall under this.

The supervisor has the discretion to determine unique circumstance exceptions and their appropriateness.  It is best practice for the supervisor to also include a neutral party with similar responsibilities (Director, Program Director, etc.) into the discussion for consultation.

Caveat:  This code of conduct for VR staff members has been developed not as an all-exhaustive list of the ethical and moral challenges that VR staff may encounter, but rather as a brief reference and guide for practice.  Please refer to the entire “Code of Professional Ethics for Rehabilitation Counselors” for a complete listing.

*For the purposes of this code of conduct, the policy on gifting is in effect while the client is considered to be a “client” of VR from Referral to Post-Employment Monitoring.

*The term “VR Staff member(s)” includes all staff that work with clients and/or employers (Associates, Specialists, Office Directors, Program Directors, Business Account Managers, grant and contract positions, etc.).

References: Commission on Rehabilitation Counselor Certification. (2009). Code of professional ethics for rehabilitation counselors. Schaumberg, IL: Author.

 

 

 

 

 

 

Supervisors need to review this policy with their assigned staff and keep the signed agreement acknowledging the staff's understanding of this policy in the staff's personnel file. 

Code of Conduct