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What are the possible legal issues in this situation?

August 27, 2021
Christopher R. Teeple

Case Study: Jamaal
Jamaal, a 19-year-old college student and Division 1 athlete, scheduled an appointment with a counselor in the College Counseling Center. His intake form reveals that he grew up in a single-family home in an inner-city environment. He describes himself as multiracial. He begins the session by reporting that he is experiencing some anxiety. He describes that he has had a really successful football season thus far, and that his coach has stated that professional football team scouts are expected to be attending some of his upcoming games. Jamaal indicates that he is really excited about the prospect of playing for a professional football team, as that has always been his dream. His excitement, however, is diminished by fears of not performing well enough to be drafted by a professional football team. He tells the counselor that he has been working out for additional hours each day and is watching his diet carefully, but is concerned that his actions are still not sufficiently preparing him for impressing the team scouts. As he becomes more comfortable with his counselor, he states “on the down-low” that his coach has been supplying him with “something to enhance his performance.” Jamaal indicates that he is concerned that if he does not use the “performance enhancers” that he will not be at the top of his game. On the other hand, he is concerned that if he is caught using the performance enhancers, his professional sports career will be over before it even begins. He further explains that he feels pressured by the coach to use performance enhancement drugs. He does not want to let the coach down and states that the coach probably knows what is in Jamaal’s best interest. At times Jamaal wonders if the coach is really looking out for him, or if he is looking to gain team wins to improve his coaching status. After sharing his concerns, Jamaal indicates that his thoughts are consumed with these worries and that he just wants to learn how to not worry. As the counselor probes Jamaal further, Jamaal reveals that if he does not take the provided performance-enhancing drugs, his coach has suggested that Jamaal will not be “fit enough” to be a starter for all of the games. Jamaal is concerned that if he does not get sufficient field time, he will not be able to impress the scouts. He reports feeling stuck between knowing that it is unacceptable to use performance-enhancing drugs in collegiate and professional football, and being able to perform at the top of his game, and wanting to keep his coach satisfied. He has considered telling someone “in power” that he feels coerced by the coach to use performance-enhancing drugs, but is terrified that he will lose his opportunity for a professional football career. He does not want to lose field time, and does not want his drug use to be revealed. He is also concerned that if he reported the coach, it would be his word against the coach’s word, and that he would have to admit to using performance-enhancing drugs. Furthermore, he believes that his teammates would never forgive him and would consider him a snitch. Finally, he is concerned that he would lose his athletic scholarship and that he would need to drop out of college and return home, to a place where he feels that he has a bleak future.
1) What are the possible legal issues in this situation?
2) What are the possible ethical issues in this situation?
3) What impact does CFR 42 have on the counselor’s obligations to the client?
4) What are the personal implications that the counselor may face in this situation?

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