TPC Journal-Vol 10- Issue 1

The Professional Counselor | Volume 10, Issue 1 107 programs contain some online elements in their instructional pedagogy. Thus, the opportunities to teach and learn counseling in an online format are present regardless of whether the program is considered an online program. For the purposes of this article, an online counselor educator is a person who provides some or all of their teaching via a distance education format (Stanford University Teaching Commons, n.d.). Most universities offer some form of training to assist the educator in moving to online education (Dimeo, 2017), but that training is not specific to the content of counselor education. With this in mind, some of the inherent opportunities and challenges in online teaching, specifically as they relate to legal and ethical concerns, including vicarious liability and supervision in online education settings, will be discussed. Vicarious Liability as a Counselor Educator The counselor education literature is replete with research related to vicarious liability in supervision (Mikkelson et al., 2013; Pearson, 2000; Sheperis et al., 2016). Essentially, vicarious liability refers to a situation in which one person is held responsible for the actions or inactions of another person (Bell, 2013). In counseling, we see this term most commonly used in relation to a clinical supervisor having some responsibility for the care of the clients of a supervisee. This definition of vicarious liability does not make concessions for the manner in which clinical oversight is provided. In other words, online or not, clinical supervisors continue to carry vicarious liability for the clinicians they supervise. By extension, counselor educators serving as practicum and internship supervisors would also be held responsible for the services provided by students under the terms of vicarious liability. According to one popular provider of malpractice insurance for counselors, CPH & Associates (2019), liability insurance covers the holder for incidences of negligence, misrepresentation, violation of good faith, and inaccurate advice. The key term to consider is inaccurate advice , as that is how supervision could be characterized in a lawsuit. The Counselor Educator as Supervisor and Gatekeeper Slovenko (1980), in his seminal article on the topic of supervisor responsibility to the client, stated “litigation against supervisors may be called the ‘suit of the future’” (p. 468). Over the years, we have not seen that prophecy come to fruition in counselor education, but the caution remains that counselor educators who serve as supervisors must be mindful of their potential vicarious liability. With regard to the provision of online counselor education, the opportunities to supervise students who are seeing clients that are in different cities, states, or countries exist. Although this is an exciting development in terms of working with a variety of students, it is daunting to consider the legal implications. Counselor educators may assume that only teaching didactic classes online and not supervising practicum and internship students will reduce their overall liability. But the reality is that all counselor educators have a responsibility to gatekeeping that extends to protecting potential future clients of the students we train. To that end, we must maintain an approach to our work that keeps the concept of vicarious liability in mind. For example, in fully online programs, there is often a residency model. The residency is a period of time in which students gather for in-person training and observation, often of clinical skills (Holstun, 2018). Walden University, which trains counselors in a fully online format, describes residency as a time to “conceptualize and develop research that contributes to positive social change; establish networks of professionals who support and practice scholarly endeavors; [and] develop and refine practice skills essential to your profession” (2019, Mission and Vision section). That may occur at the university campus