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Ethics Case #3

For this case, please read the case history below. In this scenario you are a forensic expert on violence risk assessment in adults. You often testify in courts about future risk of violence and are deemed by the courts as an “expert witness.” You have been asked to consult with the school related to this case and future dangerousness. As you read the case below, consider what ethical concerns you may have, particularly related to the specialty guidelines for forensic psychology and competence, and how you might resolve these issues.

Name: Michael Jones

DOB: 12/14/01

Relevant Background information:

Michael Jones is a 13-year-old adolescent who currently resides in Washington. He is a 7th grader in the SOAR classroom at the Middle School. SOAR is a special education classroom that provides both individual and group instruction to students with disabilities. He spends his time at school between two classrooms in which he receives individual and group instruction. In addition, he attends specials, lunch, and recess within the building with the rest of the student body. Michael currently receives these services due to a primary diagnosis of Intellectual Impairment and a secondary diagnosis of Communication Impairment. In the past, he was also diagnosed with Autistic Spectrum Disorder, but records and reports from his mother indicate that he no longer meets criteria for the disorder.

Michael received a neuropsychological evaluation in September 2012 which noted him to have delays in cognitive, language, academic, visual–spatial, and adaptive skills, placing him in the mild end of intellectual disability. Michael was also noted to have difficulties with working memory, cognitive flexibility, and impulse control. He was diagnosed with Intellectual Disability and Attention Deficit/Hyperactivity Disorder.

Michael’s IEP notes a communication impairment in addition to his intellectual disability, which affects his academic functioning. He is noted to require significant individual support when he is in classes outside of the SOAR program. There is also a noted concern related to difficulty making appropriate choices in relation to friends, and being easily manipulated into making the wrong decisions. He is noted to have difficulty understanding concepts related to relationships and dangerous social situations.

According to the school, Michael has had several incidents which have caused concern related to sexually inappropriate behavior. The first incident occurred in approximately June 2014 when Michael grabbed the buttocks of a peer-mentor. According to the school, this occurred on a school bus in which Michael was trying to touch a female mentor despite her telling him it was inappropriate. He was eventually able to do so when the peer sat down, and Michael placed his hand under her buttocks.

A second, more serious incident occurred in approximately November 2014. In this incident, while in the classroom, Michael and a male peer, who is more limited than Michael, went behind a partition. When teachers noticed they could not be seen and went to check on them, it was observed that the peer had his pants down. The peer later told school personnel that Michael had asked him to pull his pants down, saying “Do it! Do it!” and that he had told the peer that is was a “secret game.” Directly following this incident Michael also grabbed the buttocks of a female student in the hallway outside his classroom and was talking about this behavior.

In another incident in February 2015, Michael reportedly brushed up against a female peer who was using a water fountain. Staff report that he brushed up against her once and when there appeared to be no issue with it, he again brushed up against her in a sexual manner.

In addition to these specific incidents, the school reported that he has made multiple questionable sexual comments. It is indicated that he often takes conversation to a sexual level and will say things such as, “It feels really good when I have my pants down”; “It’s much better when you have your pants off”; or “Do you sex girls?” It is also reported that he is fascinated with a particular girl and has told others that he has sex with that student every night.

Michael is also reported to stare for inappropriately long intervals at females, particularly at their chest area, on a regular basis such that it makes students and teachers uncomfortable. The school reported that all behavioral incidents have occurred when there has been less supervision or when he is in a transitional time such as walking to specials or to the bathroom. They indicate that the acts, at times, appear impulsive when an opportunity presents itself. Also, he has also targeted individuals who might be more easily victimized. Overall, the school reports significant concern about these behaviors.

The school reported that currently he has staff watching him 1:1 throughout the day, though this is often difficult as he does not have an aide directly assigned to him. Staff reported concern over the inconsistency with using different aides, as some are less familiar with him, and Michael has been described as “sneaky.” They reported that he appears to be fully aware that these behaviors are not acceptable and knows the rules, though he has little understanding for how these behaviors might impact others. The school has given him direct feedback related to all of these behaviors, both in the moment and more extendedly after the incidents. Monitoring sexually inappropriate behavior is part of his daily plan at the school, via a behavioral chart that Michael has signed by his teachers. Specifically, it is a checklist that Michael carries with him that gives him reminders to not have physical contact with others and to not stare inappropriately at female peers or teachers. Staff also indicate that Michael has a difficult time talking about these things. They report that he often “shuts down” and does not have the cognitive ability to report anything useful regarding the reasons for his behaviors. Michael sees the adjustment counselor at school to assist in working on these issues.

In regard to peer relationships, the school reported that he has relatively poor social skills. They reported that he likes to tell jokes and clearly seeks friendships, but that he has difficulty developing relationships. They reported that he has one friend in his classroom who appears to be higher functioning and is nice to Michael, but often appears uncomfortable with Michael’s social level. The school also reported concerns that he does not understand what is real from what is not real as a result of his spending a large amount of time playing violent video games in the past. They report that they recommended that he play different games at home. The school also noted decreased empathy and some possible impulse-control problems, though they also indicated that he is able to delay gratification. They noted no mood or behavioral outbursts at school.

Michael’s school reported some concerns related to sexual abuse and sexual perpetration outside of school in Michael’s history. The school indicated that Michael’s younger cousin (age 3), who also lives within the school district boundaries, made allegations in early 2015 that Michael had touched her “private parts and put his penis inside of her private parts.” These claims resulted in charges being filed and DCF involvement after the school district filed a 51A report. According to the school, the charges against Michael were ultimately dropped. Specifically it was indicated that although he admitted to this behavior to his parents, he would not discuss it with officials. Further inquiry into the matter by the school resulted in them learning that Michael had been sexually abused by his aunt (niece’s mother) in the past. He reported to the school that his aunt had touched his private parts and made him undress, that this occurred many times, and that she had told him it was a secret. According to the school, this sexual abuse occurred when Michael was in 2nd and 3rd grade. The school indicated that Michael’s mother, Michelle, was aware of the sexual abuse by his aunt and that this occurred while Michael and his mother were living with her parents and the aunt due to a marital separation. According to the school, Michelle’s parents threatened to kick her and Michael out of the house if she reported the sexual abuse against Michael, which is why it was never reported.