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The legality of ethical complaint adjudication was tested in court in the case of Marshall v. American Psychological Association (1987). The plaintiff in this case claimed that the APA had no legal right to expel him or to publicize his expulsion from the association following an investigation of ethical misconduct. The court upheld the authority of the APA to expel the plaintiff, noting that he agreed to be bound by the APA’s ethical principles when he joined the association, that the principles were repeatedly published, and that he had detailed hearing rights to respond to any and all charges.
Complaints to Ethics Committees
The APA’s ethics committee periodically publishes an analysis of its actions in the American Psychologist. In 2014 (the most recent report as of November 2020), the APA ethics committee received 68 complaints against members and 52 notices of action pending against a member from entities such as state licensing boards. Complaints were filed against fewer than 1 member per 1,000; notices were received regarding fewer than 1 member per 1,000. Ten new cases were opened in 2014. Based on categorization of the underlying behaviors (rather than the basis for processing the case), problem areas were sexual misconduct; nonsexual dual relationships; inappropriate professional practices (e.g., providing services outside of areas of competence); and false, fraudulent, or misleading public statements (APA, 2015).