posted 02-10-2008 10:32 AM            

Little advice needed here..I tested a wife yesterday and her husband arranged and paid for the exam. She showed significant reactions to extra-marital sexual relations. Both were verbally informed of the results and she denied the affair.

The husband wants a written report on my findings. He also wants the audiotape of the examination. I'm debating giving him the audio portion of the actual exam, not the pre-test or post test audio. Virginia standards state the "examinee may request an audio recording of the polygraph exam being administered. The examiner may charge the examinee a fee not to exceed $25 only if the examinee requestes and receives a copy of an examination audio recording.

The examinee shall be entitled to a copy of all portions of any written report pertaining to the exam which is prepared by the examiner and provided to any person or organization.(Va. standards) I'm also inclined to just list the findings in the report on the relevant questions.

The wife also signed a release prior to the exam agreeing that the results and any information discussed during the entire examination process will be given to her husband.

Thoughts on how I should handle? If a written report is done, the examinee is entitled to it by a request in writing to the examiner. Thanks in advance...
Alan

[This message has been edited by AD (edited 02-10-2008).]

[This message has been edited by AD (edited 02-10-2008).]

posted 02-10-2008 03:37 PM            

If your standards state that you give the video on request, then to do otherwise is unethical.

This is ambiguous to me...

quote:

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I'm debating giving him the audio portion of the actual exam, not the pre-test or post test audio.

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I could read that to mean your considering giving him the intest video, but not the pretest or posttest video. Or, I could read that as meaning you are unsure whether you will provide the in-test video, but will provide the pretest and posttest video.

Is the video not all one continuous recording, rom the start of the pretest to the end of the posttest?

You'll have to argue the ethics of redacting the in-test portion, whether its one continuous recording or three segments. Even if there is no challenge, its probably worth articulating here, because that will give us insight into the argument.

How is it that your standards state...

quote:

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The examinee shall be entitled to a copy of all portions of any written report pertaining to the exam which is prepared by the examiner and provided to any person or organization.(Va. standards)

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Yet you are not required to produce a report? Some might suggest that no report would seem like bad faith compliance with the intent of the standards.

If its OK to produce no report, then you might also have to forgo video/audio recording, because without a written report more emphasis will be placed on the content of recordings, if they are made. Now, if you don't record video/audio, there will be more emphasis on your question list, so you probably also don't want to write down your questions. Doing so would be a form of written documentation or report, and you might as well also make a written notation of the results. Also, don't print the computer algorithm result, don't write down your handscores, and don't take written notes.

Giving results verbally to both married parties kind of puts you in the marital counseling bid'ness. This may be an example of an unstandardized and unregulated professional activity, crossing over into a realm of regulated professional activity (counseling).

I'd be careful there, unless you're quite sure everyone will be happy and you won't be censured by your local therapist licensing board or subject to civil liability for counseling without a license (assuming you have counseling licensure, or some regulation of unlicensed counselors).

The solution, of course, is to just give a simple Thumbs-Up or Thumbs-Down - have her husband sit behind her during the pretest and intest, that way you don't get into posttest counseling, and don't have to worry about completeness of reporting, verbal translation (telephone tag) errors in the absence of written documentation or video/audio.

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OK, seriously now.

I don't think the answer to this dilemma is to make ourselves into less accountable professionals. That is if we believe the polygraph is a valid test, and that we can offer a valuable professional service.

The answer is to improve our ethical regulations, and put into place a set of reasonable standards of practice for these types of exams. Those standards would ensure the rights and well-being of the subject through professional conduct and reasonable oversight, while reducing unmanaged or unnecessary exposure or liability for the examiner and the polygraph profession.

.02

r

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"Gentlemen, you can't fight in here. This is the war room."
--(Stanley Kubrick/Peter Sellers - Dr. Strangelove, 1964)

posted 02-10-2008 04:08 PM            

[This message has been edited by AD (edited 02-10-2008).]

[This message has been edited by AD (edited 02-10-2008).]

posted 02-10-2008 04:53 PM            

I couldn't resist.

I know most of us would never intentionally get into a counseling position with a couple. However, assisting couples in relationship crisis is by definition counseling (if we are a professional).

If your subject fails a question about some heinous issue, or makes some heinous admission (e.g., infidelity), what do they do with that information? They need help.

Why do you think we don't have over the counter HIV tests?

Some more questions.

• Do we, as a polygraph profession, think that couples in marital or relationship crisis are prepared to address the complications associated with a passed or failed polygraph test result without assistance? (couples seeking a polygraph exam are arguably in crisis).
  
• Do we, as a polygraph profession, believe in and support the value of counseling for couples in crisis over issues of trust or infidelity?
  
• Do we, as polygraph professionals, endorse the general idea that counseling for couples in crisis becomes necessary only if the subject fails the test?
  
• Do we, as a profession, endorse the general assumption that couples in crisis will will be able to resolve their relationship/trust deficits themselves if the subject passes?
  
• Do we, as a polygraph profession, want the counseling profession to consider the potential value of polygraph testing as an adjunct to the resolution of relationship difficulties through counseling?
  
• Do we as a profession recommend( or better yet require) counseling?
  
• If we do not require counseling, as a professional standard of our own, for couples who seek polygraph testing as a means of resolving a relationship crisis involving trust or infidelity, by what standard of assessment to we judge which couples seeking polygraph exams do and which do not "need" counseling?
  
• Are we, as a polygraph profession, equipped to make the the judgement that some couples do and couples do not require counseling when they are experiencing a relationship crisis involving trust or infidelity?
  
• Would we, as a polygraph profession, do this type of test if we knew the couple were attending counseling, but we had not contact, involvement, or referral with the counselor?
  

.02

r

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"Gentlemen, you can't fight in here. This is the war room."
--(Stanley Kubrick/Peter Sellers - Dr. Strangelove, 1964)

posted 02-10-2008 05:20 PM            

I'm not trying to pretend that I have an actual answer to this dilemma - just being a PITA, and pointing out the complications and implications.

I would suggest adhering to the ethical standards as written.

I have no problem with a verbal result to the examinee, if possible, at the time of the examination.

There is probably no real problem with a verbal result to the referrer, but I do have a problem with self-referrals. Spouse referral (non-professional) is a self-referral. So, I don't know the answer in this situation.

I would be opposed to a meeting with the couple together, following the completion of the posttest, as the examination is over, and such a meeting is form of consultation, and that's a slippery version of "counseling," and that starts with "c" and that rhymes with "t" and that stands for ... you know the rest.

I also do not like the practice of examinees calling later for their test results over the telephone. When the posttest is done, I'm done with the examinee. We are basically in the bid'ness of lay'in bad news on people: either someone did something bad or someone's concern/allegation/accusation is wrong. Either way its bad news for someone. The telephone is not the correct way to communicate that. Doctors should not telephone patients to tell them they have aids. They schedule a follow up appointment, in advance. We cannot do that, due to our expectation for an objective investigative/testing role.

Colorado PCSOT standards explicitly state:

quote:

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6.164 Communication with the examiner after testing

Following the completion of the examination and post-test review, examiners shall not discuss polygraph results with the offender, or the offender's family members, unless done in the context of a formal case staffing.

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The correct way to communicate bad news to a couple experiencing a crisis involving trust or infidelity is to communicate the test results to a competent counselor who can pace and modulate their difficult process through whatever are the real issues of difficulty.

Some relationships are viable, and some are not. That is a judgement that is not ours to make.

If we agree that polygraph testing can sometimes help a couple, then we have an obligation to provide a professional service that will actually assist the couple either way, without creating any increase in communication or trust difficulties for that couple. We also have an obligation to be thoughtful about the types of circumstances which are likely to result in increased difficulties, along with the types of circumstances for which we can reasonably anticipate the polygraph may not be of assistance. Otherwise, we're just selling tests because we can. That's what the anti-poly folks want to accuse us of.

I'd rather put the effort into better defining the roles and boundaries of our professional conduct. That will better assure the long term viability of the polygraph profession, along with favorable attitudes and experiences among both couples and other professionals who are able to make use of polygraph test results when faced with serious questions about the viability of a relationship.

r

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"Gentlemen, you can't fight in here. This is the war room."
--(Stanley Kubrick/Peter Sellers - Dr. Strangelove, 1964)

posted 02-14-2008 09:45 AM            

Follow your state's regulations.

Ask them if they have one of the following: a religious leader, attorney or marriage counselor. If so, then provide the results to that third party. If not, recommend they speak to one of the third parties listed and if the couple still believe they need a polygaph examination, then conduct the exam.

I do not or would not have the other party in the room, or even in office, when conducting this type of exam for safety reasons.

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