Remediation and Dismissal Policies in Counselor Education: Lessons Learned from a Challenge in Federal Court

Counselor educators today are faced with a difficult dilemma. They are mandated to dismiss students they judged to be unfit and irremediable, yet they risk legal action whenever executing a student dismissal decision. Their duty to protect the public must be weighed against the liabilities of costly litigation to institutions, programs, and themselves. This article describes 1 counselor education program's decision to dismiss a student and endure a lengthy, although unsuccessful, lawsuit and jury trial in federal court. The strengths and weaknesses of the program's remediation and dismissal protocol are examined as they emerged under court scrutiny.