Legal and Ethical Issues in Sport and Performance Psychology

Distinction Between Legal and Ethical Issues

  • In the field of psychology and the related domain of sport and performance psychology (SPP), research indicates that very few professionals ever deal with legal cases.

  • Research demonstrates that while the number of legal cases involving general psychologists has been increasing in recent years, there is no evidence indicating a similar increase for professionals in sport and performance psychology.

  • For practitioners operating in an applied capacity, confronting ethical issues is significantly more common than facing legal issues.

  • It is essential to distinguish between relevant legal issues and common ethical concerns in applied practice.

  • The majority of legal issues are directly tied to an individual's specific training and licensure status.

Professional Training and Educational Routes

  • Undergraduate Educational Backgrounds:

    • Professionals working in sport and performance psychology possess a wide range of undergraduate degree backgrounds, including:

      • Sport management/administration

      • Recreation management

      • Health and physical education

      • Health science

      • Psychology

      • Sociology

      • Social work

  • Graduate Educational Routes:

    • Professionals in SPP traditionally originate from two distinct graduate pathways:

      • The Sport Science Route

      • The Psychology Route

    • The specific route selected dictates the overall emphasis of professional training, as well as the types and levels of consulting services the practitioner can ethically and legally provide.

The Sport Science Route

  • Curriculum and Experience:

    • Follows a track composed of physical education/kinesiology-based coursework and practicum experiences.

    • Core components of study and practical experience include:

      • Sport psychology

      • Exercise physiology

      • Motor learning

      • Sport sociology

      • Direct contact with athletes in performance situations

    • Students following this route may complete some traditional psychology courses.

  • Licensure and Qualifications:

    • Graduates of the Sport Science Route are not qualified to become licensed psychologists.

    • They are qualified to conduct mental skills training with athletes across a broad array of performance psychology domains, including:

      • Goal setting

      • Motivation

      • Focus and concentration

      • Energy management

      • Confidence building

      • Life skills

  • Career Roles and Backgrounds:

    • Many individuals trained via the sport science route hold positions as professors of sport psychology.

    • Some practitioners have prior personal experience as competitive athletes and coaches.

    • Source designation: Association for Applied Sport Psychology (AASP).

The Psychology Route

  • Curriculum and Experience:

    • Includes standard psychology coursework and clinical practical experiences, such as:

      • Counseling

      • Psychological evaluation

      • Psychopathology

      • Therapy techniques

      • Clinical or counseling internship experiences

  • Licensure and Clinical Scope:

    • Graduates from this route most often become licensed psychologists.

    • Licensure requirements are established individually by each state; professionals must fulfill all state-specific requirements prior to practicing in that jurisdiction.

    • Licensed psychologists are trained and authorized to provide clinical or counseling assistance to individuals for various clinical and dysfunctional issues, including:

      • Depression

      • Grief or loss

      • Life management

      • Dysfunctional behaviors (e.g., alcoholism, drug abuse, anger management, eating disorders)

  • Career Roles and Practice:

    • Many clinical and counseling psychologists operate in private practice, serving a broad demographic of general clients as well as athletes.

  • Regulatory Licensing Structure:

    • The Association of State and Provincial Psychology Boards in the United States and Canada offers only general licenses in psychology.

    • There is no specialized legal licensure in "sport psychology" or any other subspecialty area.

    • Source designation: Association for Applied Sport Psychology (AASP).

Legal Consequences, Licensure, and Ethical Misconduct

  • Ethical vs. Legal Accountability:

    • Professionals from both the sport science route and the psychology route routinely encounter ethical issues.

    • In some scenarios, both groups deal with identical ethical issues, whereas in other scenarios, they face distinct issues based on their specific work settings and client populations.

    • Licensed professionals are subject to strict legal standards and can be found to have violated legal rules, exposing them to legal consequences.

    • Licensed practitioners are subject to disciplinary measures imposed by their regulatory body, including the potential revocation or removal of their professional license.

  • Specific Legal Charges:

    • Legal actions brought against licensed practitioners can include:

      • Malpractice

      • Breach of Standard of Care

      • Liability to Third Party

  • Licensure Distinction:

    • Removal of a license is a specific consequence that applies only to licensed psychologists.

    • Because practitioners trained via the sport science route cannot be licensed, license removal is not a applicable sanction for them.

AASP Ethics Committee Allegation Investigation Procedures

  • Overview:

    • When an allegation of ethical misconduct is filed against a member of the Association for Applied Sport Psychology (AASP), the Chair of the AASP Ethics Committee executes a standardized three-step protocol.

  • Step-by-Step Committee Protocol:

    • a. Initial Response and External Recommendations:

      • The Chair promptly responds to the complainant, stating that AASP will investigate allegations against members who may have violated the AASP Code of Ethics.

      • The Chair explicitly encourages the complainant to contact the relevant state licensing body (where applicable) and the regulatory body of the accused member's institution of employment, as appropriate.

    • b. Documentation and Confidential Storage:

      • The Chair advises the complainant that any written statement detailing the alleged misconduct submitted to AASP will be stored in a confidential file located at the AASP administrative office.

    • c. Member Notification, Due Process, and Restricted Access:

      • The Chair informs the complainant that a copy of their submitted written statement will be sent directly to the accused AASP member.

      • The accused member is provided the opportunity to submit a written response to the allegations, which is also placed into the confidential file at the AASP Administrative Office.

      • Access to this confidential file is strictly limited exclusively to two individuals: the AASP President and the Chair of the Ethics Committee.

Protection and Regulation of Title Usage

  • Legal Restrictions on Title Usage:

    • Although individuals following the sport science route are not subject to state licensure requirements, they remain obligated to practice in accordance with applicable legal standards.

    • A central, highly contested legal issue in the field concerns the usage of the professional title "psychologist."

    • The formal discipline of psychology maintains that legal recognition via state licensure exclusively grants licensed individuals the right to use the term "psychologist," and that the use of this title by unlicensed individuals is legally prohibited.

  • AASP Professional Designation:

    • To prevent legal conflicts and respect statutory definitions, the Association for Applied Sport Psychology (AASP) intentionally established the credential title "Certified Mental Performance Consultant" (CMPC).

    • The designation intentionally excludes the word "psychology" to clarify practitioner scope and avoid violating title-protection laws.