(a) Nondiscrimination.

1. (1) Counselors do not discriminate against clients, students, or supervisees in a manner that has a negative impact:

   1. (A) Based on their:

(i) Age;

1. (ii) Color;

   1. (iii) Culture;

      1. (iv) Disability;
      2. (v) Ethnic group;
      3. (vi) Gender;
      4. (vii) Race;
      5. (viii) Religion;
      6. (ix) Sexual orientation; or
      7. (x) Socioeconomic status; or
   2. (B) For any other reason.
2. (2) See 17 CAR § 390-102(a).

(b) Sexual harassment.

1. (1) Counselors do not engage in sexual harassment.

2. (2) Sexual harassment is defined as sexual solicitation, physical advances, or verbal or nonverbal conduct that:

   1. (A) Is sexual in nature;
   2. (B) Occurs in connection with professional activities or roles; and

   3. (C) Either is:

      1. (i) Unwelcome, is offensive, or creates a hostile workplace environment, and counselors know or are told this; or
      2. (ii) Sufficiently severe or intense to be perceived as harassment to a reasonable person in the context.

3. (3) Sexual harassment can consist of a single intense or severe act or multiple persistent or pervasive acts.

   1. (c) Reports to third parties.

4. (1) Counselors are accurate, honest, and unbiased in reporting their professional activities and judgments to appropriate third parties, including:

   1. (A) Courts;
   2. (B) Health insurance companies;
   3. (C) Those who are the recipients of evaluation reports; and
   4. (D) Others.

5. (2) See 17 CAR § 390-201(g).

   1. (d) Media presentations.

6. (1) When counselors provide advice or comment by means of public lectures, demonstrations, radio or television programs, prerecorded tapes, printed articles, mailed material, or other media, they take reasonable precautions to ensure that the:

   1. (A) Statements are based on appropriate professional counseling literature and practice;
   2. (B) Statements are otherwise consistent with this part and Standards of Practice, 17 CAR pt. 391; and
   3. (C) Recipients of the information are not encouraged to infer that a professional counseling relationship has been established.
7. (2) See 17 CAR § 390-306(b).

(e) Unjustified gains.

1. (1) Counselors do not use their professional positions to seek or receive:

   1. (A) Unjustified personal gains;
   2. (B) Sexual favors;
   3. (C) Unfair advantage; or
   4. (D) Unearned goods or services.
2. (2) See 17 CAR § 390-303(d).