Running head: EVALUATING CRIMINAL HISTORY OF COUNSELING GRAD STUDENTS 1
Evaluating the Criminal History of Graduate Students in Counselor Education Programs
Jameson C. Lontz, Paul Hastings, Jennifer Cataldi, and Nicholle Johnston
Gonzaga University
Eric Eidens
Overlake Hospital, Bellevue Washington
Jameson C. Lontz, Department of Counselor Education, Gonzaga University; Paul
Hastings, Department of Counselor Education, Gonzaga University; Jennifer Cataldi,
Department of Counselor Education, Gonzaga University; Nicholle Johnston, Department of
Counselor Education, Gonzaga University; Eric Eidens, Overlake Hospital, Bellevue, WA.
The authors wish to acknowledge a long list of individuals who assisted in the data
collection process.
Please send correspondence to Jameson C. Lontz, Ph.D., Assistant Professor, Department
of Counselor Education, Master of Counselling (Canada) Program Director: Gonzaga University,
502 E. Boone Ave., AD Box 25, Spokane, WA 99258; Phone: (509) 313-3846; Fax: (509) 313-
5964; Email: [email protected].
EVALUATING CRIMINAL HISTORY OF COUNSELING GRAD STUDENTS 2
Abstract
Given occasional revelations regarding legal history of prospective students in counselor
education (CE) programs, and a dearth of literature on this topic, the authors explored two issues:
1) whether there is a difference in number of legal charges between prospective students by type
of CE program, and 2) whether there are any trends by year. With an absence of suggestions in
the literature as to how programs are to conduct criminal background checks of prospective
students in CE programs, application screening personnel, faculty, and other stakeholders are
hard pressed to adopt consistent means of gathering criminal background history for those
students. Such lack of data makes gatekeeping for the profession even more arduous.
Keywords: counselor education, forensic, policy, trends, service
EVALUATING CRIMINAL HISTORY OF COUNSELING GRAD STUDENTS 3
Evaluating the Criminal History of Graduate Students in Counselor Education Programs
This project aimed to illuminate criminal history data from applicants to a Counselor
Education (CE) program and to answer: 1) whether there is a difference in the number of legal
charges between prospective students by type of CE program, and 2) whether there are any
trends by year. Such information can be used to improve screening practices aimed at
determining those prospective students who are most likely to become effective professional
service providers.
Statement of the Problem
There is an absence of literature describing the processes for conducting criminal
background checks of prospective students in CE programs. Matriculated students may have a
history of serious legal encumbrances that go unnoticed. In fact, the history of the program that
was analyzed for this study revealed how personnel at one time realized an oversight allowing
those with legal encumbrances to go unnoticed. This had occurred due to interoffice
miscommunication regarding consistency between the electronic and hardcopy application
processes. Program personnel ultimately resolved the communication barriers and aligned the
two types of applications. Our researchers also consulted university legal counsel who asserted
that faculty have a right and need to know, and that they have a responsibility to know about
such criminal history to protect and effectively represent the public, profession, and university.
Without consistent means of gathering criminal background history for prospective students
across CE programs, gatekeeping for the profession is an arduous endeavor. Although any
program practices will have imperfections, faculty and other stakeholders must consider how
criminal history affects a burgeoning counselor’s ability to provide services across settings. In
fact, practicum placement, sitting for the National Counselor Examination (NCE), and state
EVALUATING CRIMINAL HISTORY OF COUNSELING GRAD STUDENTS 4
licensure processes each have catch points that could delay the burgeoning counselor from
proceeding. The researchers believe it is within purview of faculty and similar stakeholders to be
aware of Counselor Education students’ criminal background in order to: 1) protect the field and
its consumers, and 2) protect students before they invest their resources into a Counselor
Education program.
Review of Literature
The purpose of this project is to illuminate criminal history data from CE program
applicants so as to inform screening practices aimed at determining those prospective students
who are most likely to become effective professional service providers.
Ideal Characteristics of Counselor Education Students
As applicants are reviewed for admission to Counselor Education programs, especially
those accredited by the Council for Accreditation of Counseling and Related Educational
Programs (CACREP), many academic characteristics are examined. However, both
contemporary and historical literature identifies non-academic characteristics as equally
important to counselor success. For example, Rogers (1951) named the three necessary
conditions for client change: unconditional positive regard, empathy, and congruence.
Prospective students have since been evaluated for personal characteristics in addition to those
academic predictors of counselor effectiveness.
In a 2010 meta-study by Duba, Paez, and Kindsvatter, key characteristics for both
counselors and counselor trainees were highlighted: “Emotional security, sincerity, extroversion,
positive self-concept, patience” (Bemak, Epp, & Keys, as cited in Duba et al., 2010, p. 155),
“…goodwill, a recognition and acceptance of one’s personal power, a willingness to be open,
having self-respect, a growth orientation, approachability, trustworthiness, and a sense of humor”
EVALUATING CRIMINAL HISTORY OF COUNSELING GRAD STUDENTS 5
(Atkinson & Wampold, as cited in Duba et al., 2010, p. 155) were all found to be essential
characteristics for counselor trainees. In addition, one of the most important characteristics
found in a study by Bradley and Post (1991) was openness to professional self-development.
Our authors furthermore believe the ideal CE student to be caring and with empathic concern, as
well as emotional intelligence (Goleman, 1995) around the needs of mental health consumers.
Verifying the Absence of Serious Legal Encumbrances
Whereas examining criminal records is becoming popular in undergraduate admissions,
use of criminal background checks in several professional programs prior to admission is not
standard practice (Boccella; Center for Community Alternatives & National HIRE Network;
Crabbe; Marklein; Pappano; as cited in Pierce & Runyan, 2010). Some undergraduate programs
conduct criminal background checks on applicants and ask those applicants to report their
criminal background (Pierce & Runyan, 2010). Erwin and Toomey (2005) found that
background checks are used for admission to some counselor training programs as well as before
and during practical experience and certification or licensure. In fact, only five out of 37
programs participating in Erwin and Toomey’s (2005) survey reported using criminal
background checks. Moreover, only some of those programs actually receive and review the
results of such background checks. Internship sites do, however, examine the background check
results. It is clear that established criteria for declining applicants based on criminal background
checks are lacking. In Erwin and Toomey’s (2005) survey, only two programs reported having
such established criteria. Two other programs reported being in the process of developing such
criteria. No programs described the criteria they have in place.
Similar to CE programs, there is a low percentage of nursing and social work programs
requiring criminal background checks among applicants (Farnsworth & Springer, 2006; Zellmer
EVALUATING CRIMINAL HISTORY OF COUNSELING GRAD STUDENTS 6
& Knothe, 2011). Only a minority of programs in nursing and social work, as well as pharmacy
and medicine, have established criteria for how to appropriately screen applicants based on
criminal conviction history (Ahmed; Alley, Marrs, & Schreiner; Burns, Frank-Stromborg, Yan
Teytelman, & Herren; Dickerson, 2008, 2010; Forde; Schermerhorn; Tate & Moody; as cited in
Zellmer & Knothe, 2011).
CE programs at the university from which we took our sample, a private university in the
Northwest United States, do not conduct background checks on applicants prior to admissions.
Background checks are only carried out prior to practicum placement. The university’s
application requires applicants to indicate whether they have ever been convicted of a crime or if
they have a pending case against them. If an applicant’s answer is yes, they are required to
elaborate in detail. The Graduate Admissions Program Coordinator for the School of Education
from which our sample was chosen receives application materials and flags applications with
criminal backgrounds for the admissions committee. However, criminal background checks are
not standard in the admissions process, there are no criteria for how to parcel out “serious”
offenders, and background checks are used more often for the purpose of practicum and
internship placement.
In contrast, some professional programs in the United Kingdom (U.K.) are more
thorough than those U.S. programs reviewed in verifying criminal convictions among applicants.
For instance, Imperial College London runs Criminal Records Bureau checks on all their
applicants (Shepherd, 2008). If an applicant has a conviction, a fitness to practice interview is
conducted to learn more about the crime and circumstances in order to determine whether the
applicant is fit to train as a doctor. Once admitted, U.K. medical schools such as Imperial
College London also require students to complete an enhanced Criminal Records Bureau check,
EVALUATING CRIMINAL HISTORY OF COUNSELING GRAD STUDENTS 7
which discloses any prior convictions. During one’s final year of courses, the General Medical
Counsel requires all candidates to complete a declaration of fitness before they may practice as a
doctor in the U.K. In a related vein, the Central Council for Education and Training in Social
Work (CCETSW) mandated in 1989 that prior to admissions applicants disclose any criminal
convictions by signing a declaration (Perry, 2004). If criminal conviction history is present,
judgments are made as to their influence on the applicant’s suitability for professional social
work. Such judgments are made in reference to the 1974 Rehabilitation of Offenders Act (Perry,
2004). Local authorities are also permitted to check with police about the nature of convictions
against applicants. However, there is no record about how such judgments of suitability are
made. It is known that a program’s agency partners are permitted to assess the suitability of
applicants based on conviction history. Whereas programs in the U.K. may be more formally
mandated to verify criminal convictions, there is still no clear delineation of what constitutes
serious offenses among applicants or how admissions judgments are made.
Law Schools and the American Bar Association
Law schools rarely conduct pre-matriculation background checks (Dickerson, 2010). The
American Bar Association, which accredits law schools, does not require background checks for
law school admissions. Instead of background checks, law schools rely on self-disclosure during
the admission process. Law schools also rely on honor code provisions for background
clearance. Law schools typically warn applicants that it is a requirement of the bar to conduct a
thorough character and fitness examination before one is authorized to practice and will compare
bar application answers with law school application answers. According to Shaw (2008),
information gathered on the character fitness exam provides much of the same information as a
background check. Law schools also warn applicants that felony convictions or patterns of
EVALUATING CRIMINAL HISTORY OF COUNSELING GRAD STUDENTS 8
criminal activity could make bar admissions difficult, if not impossible. However, despite these
clear warnings, some law applicants do not honestly disclose their criminal backgrounds and are
discovered only after graduation when seeking bar admissions. Many states will actually include
a disclaimer on their character and fitness exam informing applicants that their social security
number may be used to obtain background information regarding the applicant's involvement
with law enforcement, credit, or other agencies or entities. Shaw (2008) continues, “…the top
four areas of concern for most bar examiners are existence of a criminal record, untreated mental
illness and substance abuse, lack of candor, and financial irresponsibility” (p. 12). However, law
schools still have not implemented background checks as a requirement in the admissions
process.
Dzienkowski (2003) examined applications from the top 20 schools cited by U.S. News
and World Report in March of 2003. Dzienkowski found that all schools asked applicants to
disclose criminal backgrounds; however, there was variation in what was requested. Namely,
75% of schools only asked for convictions, 15% asked about arrests, and two of the schools
asked about criminal charges. Like CE, medical, and other professional programs, law schools
do not have a universal format to filter legal encumbrances in the application process. Chinaris
(2012) encourages law schools to align their admissions processes and decisions with that of bar
admissions.
Legal Encumbrances Revealed
The types of legal encumbrances revealed on college applicant background checks are
diverse. Erwin and Toomey (2005) define criminal background checks as a process of gathering
information about an individual, including any offenses against them, whether it is at a local,
state, or national level. The types of offenses noted while gathering history about social-work
EVALUATING CRIMINAL HISTORY OF COUNSELING GRAD STUDENTS 9
students include: theft, traffic, fraud, excise, breach of peace, drunkenness, violence or assault,
criminal damage, possession of drugs, breaking and entering, and sexual offenses (Perry, 2004).
According to Zellmer (2011), “Application to a social work program from a student with a
felony conviction for child sexual assault or prior drug dealing would also create a dilemma were
there no admission policies related to criminal background” (p. 19). Given the diverse range of
offenses applicants have been found to commit, the need for clear criteria on how to screen
applicants based on criminal backgrounds is vital. In sum, there is no standard for collecting
criminal background data despite its importance to gatekeeping. Ideal characteristics of CE
program applicants have been identified, but something is amiss if matriculated students possess
relevant but unnoticed criminal backgrounds.
CE applicants may have a history of serious legal encumbrances that go unnoticed. In
order to protect students, the field, and consumers, faculty are responsible for having early on
knowledge of such encumbrances. The current descriptive analysis of criminal history data,
which is collected as part of the usual application process, sought to illuminate trends in legal
encumbrances for applicants to a CE program. The goal of this analysis was to inform screening
practices aimed at determining those prospective students who are most likely to become
effective professional service providers.
Method
Participants
All applicants to the program from which data was gathered were asked to disclose their
criminal history. Potential participants consisted of applicants aged 21 and older to a Counselor
Education (CE) department at a private university in the Northwest US. The department confers
Master’s degrees for students in programs for Clinical Mental Health Counseling (CMHC;
EVALUATING CRIMINAL HISTORY OF COUNSELING GRAD STUDENTS 10
formerly Community Counseling, as per CACREP standards) and School Counseling, as well as
a new Marriage and Family Counseling program. Of 351 applicants over the five-year period
(2008-12) that was studied, 11 (3.1%) disclosed some history of legal encumbrance and were
included as participants in this descriptive study. No statistical analyses were performed for the
current study.
Materials/Design
Anonymity of participants was assured. No personally identifiable information was
disclosed to the Primary Investigator, other college faculty or staff, or any other person. Prior to
data collection, legal encumbrances were separated into two categories, misdemeanor and felony,
and then divided into five types: 1) alcohol-only related charges, 2) drug-only charges, 3)
charges related to driving while intoxicated by alcohol or other drugs, 4) charges for assault,
battery, and the like, and 5) other charges. Descriptive data is reported in Table 1.
Results
As can be seen in Table 1, only two felony charges were revealed: The outcome of one
charge included a guilty plea for aggravated battery, which was ultimately vacated with
prejudice. The other was a charge for felony vehicle theft, and information regarding its
outcome was not available. A charge for aggravated child abuse, a misdemeanor, was also
revealed for a School Counseling student. No alcohol-only charges were revealed. Five drug-
only misdemeanors were noted: One for a student entering the CMHC program in 2012, two for
a student entering the School program in 2009, and two for a student who entered an unspecified
program in 2011. Of the 24 charges revealed, four of them (17%) belonged to students from the
CMHC program and were related to driving while intoxicated by alcohol or other drugs. Of the
12 “other” charges included: seven (58%) related to driving (e.g., recklessness; negligence;
EVALUATING CRIMINAL HISTORY OF COUNSELING GRAD STUDENTS 11
failure to notify of an accident); three (25%) related to theft; and, one was related to vandalism.
A charge of “insane” was in one student’s record, but no additional information was available.
One felony charge was noted for a student in the School Counseling program, while the program
for the other student charged with felony was not specified. Thirteen (54%) of 24 charges were
for students in the CHMC program. Students in the School program were indicated in four
(17%) of the 24 charges revealed.
Discussion
The authors explored whether there is a difference in the number of legal charges
between prospective students by type of CE program, and whether there are any trends by year.
Twenty-four charges, two of which were felonies, were noted over the five-year period in this
descriptive analysis. No alcohol-only charges were revealed. Four charges (17%) were related
to driving while intoxicated by alcohol or other drugs. Additional charges included those related
to driving such as recklessness, negligence, and failure to notify of an accident (29% overall).
Charges of theft comprised 13% of those revealed by this analysis.
While it would be bold to make conclusions from these findings since no statistical
analyses were performed, all members of the research team still agreed on the necessity for clear
guidelines to collect legal history in the application process. More specifically, it might be useful
to employ an honor system in the Counselor Education application process, much like what is
used in law schools (Shaw, 2008), which explicitly asks prospective students to disclose criminal
history on their application. A declaration of fitness to pass legal background checks, much like
that which is employed by the United Kingdom’s General Medical Counsel and the Central
Council for Education and Training in Social Work (Perry, 2004), could be used to protect
prospective students from being discovered later on. Prospective students could be informed of
EVALUATING CRIMINAL HISTORY OF COUNSELING GRAD STUDENTS 12
the consequences should they choose not to disclose. Program personnel who screen applicants
before faculty see them could assist this process by assuring that admissions requirements align
with the requirements of licensing and credentialing bodies. However, better screening practices
may introduce additional challenges, e.g., how faculty can overcome personal biases and best
support a burgeoning mental health provider once learning of the student’s criminal history.
Given an absence of guidance in the literature for screening practices, we hope to facilitate more
research on this topic with the goal of improving identification of students who are most likely to
become effective professional service providers.
Limitations
Obtaining archived records obviously resulted in data that cannot be broadly applied.
Current findings are intended to inform future research that assists personnel practices for
screening pre-matriculated students. Readers are furthermore encouraged to interpret our data
with caution, as most of the 11 cases examined did not reveal the outcome of legal
encumbrances, i.e., whether the alleged were convicted and/or sentenced. Time between charges
and entrance into one’s graduate program would also be important to consider in future studies.
For example, those applicants with a tendency for legal trouble as children and adolescents will
not necessarily have such problems in their adult life. Moreover, implying statistically
significant difference between CE programs or trends by year based on this limited data must be
avoided. Of 351 applicants over the period that was analyzed, only 11 disclosed legal
encumbrances.
Implications of Results
This project has revealed a need for more in-depth research that can be used to inform
Counselor Education (CE) program personnel who admit students. As gatekeepers of the
EVALUATING CRIMINAL HISTORY OF COUNSELING GRAD STUDENTS 13
profession, CE faculty members rely on screening practices to help decide who is most likely to
become an effective professional service provider. Without assuming guilt, and acknowledging
that many people are capable of improving their lives after legal charges, it is vital that such
encumbrances are noted early in the process.
Directions for Future Research
Should data be available, meta-analyses that examine longitudinal trends in the legal
encumbrances of applicants to CE programs might provide results with stronger external
validity. Analysis of time between charges and entrance into one’s graduate program might also
help determine utility of research in this area. Partnering across disciplines (e.g., CE programs
working with law and medical schools) is also encouraged as no field seems to have clear and
consistent policies and procedures for parceling out individuals with a history of serious legal
offenses.
Future research also needs to examine what it means if a counselor has a history of minor
offenses, as this might affect their ability to forge effective therapeutic relationships. For
example, clients involved with the legal system may believe themselves to be better understood
by a professional counselor who has succeeded despite their own criminal history. A counselor’s
self-disclosure of personal transformation and growth from criminal activity might instill a sense
of hope for clients struggling with such issues. In the substance abuse field, for example, it is
common for counselors to have themselves recovered from chemical dependence (Ham,
LeMasson, & Hayes, 2013). Sweeney (1996) found that substance abuse counselors’ self-
disclosure of recovery status could decrease clients’ level of fear, help counselors connect with
clients, and normalize the recovery process. Counselors’ self-disclosure of substance abuse
EVALUATING CRIMINAL HISTORY OF COUNSELING GRAD STUDENTS 14
recovery may also help build rapport and a strong working relationship with clients, as well as
help clients problem solve and have hope (Ham et al., 2013).
Conclusion
Charges related to driving while intoxicated by alcohol or other drugs and other charges
related to driving comprised 17% and 29% of encumbrances respectively. Charges of theft,
including one felony, comprised 17% of encumbrances revealed. Transparency at the outset
between prospective students and those personnel who screen them is especially important:
prospective students need to have the information necessary for informed decisions during the
application process, and faculty need students who will ultimately contribute to the field. This
transparency can be achieved by having screening personnel assure that application requirements
align with the requirements of licensing and credentialing bodies. Furthermore, personnel and
faculty in charge of screening applicants can strive to maintain good communication so that
superordinate goals are attained.
To be explicit, we do not suggest individuals who have legal charges or convictions are
unfit for the profession. We do suggest students be forthcoming and educate themselves about
potential barriers related to their legal issues so they may address these barriers before heavily
investing in a CE program. To that end, an honor system is suggested, much like the one noted
earlier in law school applications (Shaw, 2008). No evidence of such an honor system currently
exists in counselor education literature. Such an honor system would explicitly ask prospective
students to disclose arrest history by year, the charges that were filed, whether they were
convicted, and any sentencing (e.g., fines, jail time, community service, probation). Students
would also ideally be informed at the outset of possible consequences related to violating the
honor system. These practices could assist gatekeepers wishing to improve strategies for
EVALUATING CRIMINAL HISTORY OF COUNSELING GRAD STUDENTS 15
determining the extent to which prospective students are qualified and suited to become
professional counselors.
EVALUATING CRIMINAL HISTORY OF COUNSELING GRAD STUDENTS 16
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EVALUATING CRIMINAL HISTORY OF COUNSELING GRAD STUDENTS 21
Table 1
Charges articulated as reported by the data source Year Entered Program
Identified Gender
*Program Date of Infraction
Charge(s) Explanation (if available)
2012 Female Clinical 6/2010 Reckless driving Fail to give immediate notice of accident Drug paraphernalia use or possess with intent
2012 Female Clinical 10/2009 Driving a motor vehicle under the influence of alcohol or drugs
2011 Female Clinical 7/2008 Negligent driving of the 2nd degree
Not under the influence, under arrest for being under 21 and operating a motor vehicle after consuming alcohol
2011 Male Clinical 11/1996 Aggravated child abuse
Civil case adjudication 3/1998; Protective services supervision 10/1998; Case closed unsupervised visitation 8/1999
EVALUATING CRIMINAL HISTORY OF COUNSELING GRAD STUDENTS 22
Year Entered Program
Identified Gender
*Program Date of Infraction
Charge(s) Explanation (if available)
2009 Female Clinical 4/2008 7/2009
DUI Negligent Driving 1st Degree Inattentive Driving Charge
2009 Male Clinical 6/2007 5/2008 4/2004
Reckless Driving Fail to appear in DUI report Theft II Misdemeanor
Under the Influence; Unlicensed Driver
2009 Female Clinical 5/2005 DUI Dismissed without prejudice
2012 Female School 1/2012 Theft Dismissed with Prejudice
2009 Male School 10/2003 Aggravated Battery (Felony)
Order Withdrawing Guilty Plea, Vacating Conviction and Dismissal with Prejudice
2009 Female School 11/2007 Possession of Marijuana Less than Forty Grams Possession of Drug Paraphernalia
Stipulation of Facts and Order of Continuance for Dismissal for Twelve Months
EVALUATING CRIMINAL HISTORY OF COUNSELING GRAD STUDENTS 23
Year Entered Program
Identified Gender
*Program Date of Infraction
Charge(s) Explanation (if available)
2011 Female Not specified
1995 1996 1999 1999 1999 1999 2001
Vandalism Possession Controlled Substance Possession Controlled Substance Petty Theft Reckless Driving Felony Vehicle Theft Insane
*No legal encumbrances were revealed for students in the Marriage and Family Counseling program during the timeframe for this analysis.