The Legal Exosystem: Risk Management in Addressing Student Competence Problems in Professional Psychology Training

This article provides a lawyer's perspective on the issues raised when a training program decides that a trainee is not doing competent work and action must be taken. It serves as a companion piece to Forrest, Elman, Miller (2008) and Wester, Fowell, Fouad, Santiago-Rivera (2008). Potential legal claims of disappointed trainees and best practices to reduce legal risk are reviewed. Risk management advice is generally congruent with other exosystems affecting training programs, such as the accreditation and ethics standards applicable to training in professional psychology, as well as model policies adopted by the Council of Chairs of Training Councils. These recommended practices serve to minimize legal risk, but also promote fairness and program integrity.