Empaneling the “Ethic Jury” to Review Mock Case Studies

The study of morality in professional decision-making is essential to pre- and in-service training of music teachers. Our goal should be to reinforce recommendations for the avoidance of inappropriate behavior (or even the appearance of impropriety), and defining and modeling the “best practices” of a “fiduciary” by promoting trust, fostering a safe environment for learning, acting in the best interests of our students, and upholding the overall integrity of the profession.

Full discussions and samples of “the codes” (ethics and conduct), professional aspirations, and government policies/statutes – a proverbial “curriculum” exploring ethics for music educators – have been posted at this blog-site. You should peruse these first before proceeding further:

• Ethics for Music Educators – Part I (Back to Basics)
• Ethics for Music Educators – Part II (The Nitty Gritty)
• Ethics for Music Educators – Part III (Case Studies)
• Ethics Follow-up – Part IV (Loose Ends)
• Ethical Conundrums Revisited – Part I
• Ethical Conundrums Revisited – Part II

In addition, articles cautioning educators’ use of social media are offered:

• Social Media – Boon or Nemesis?
• Collegiates – Clean Up Your Social Media

All of these should be “required” reading. Few of us have ever received a full-blown class or induction program on ethics. Now is the time to study this topic, and as ethics expert Dr. Troy Hutchings would say, to view it through multiple perspectives – “the lens of…”

• “Ethos of care”
• “Educator risks”
• “Consequences”

The purpose of this blog is to provide supplemental materials for personal reflection, possibly inspiring thought-provoking group dialogue during methods classes, professional development workshops, or music staff meetings.

 

The Rubric

It is more important to know why something is wrong, rather than simply labeling the degree of misconduct or likely discipline action. However, for the purpose of introspection during this exercise, we will first recognize “the problem” presented in each re-enactment. We will use these “color-coded” criteria, and allow “snap judgments” in the simulated evaluation by a “jury of our peers.” Put on your thinking caps! You may be surprised with the incongruities of your first impressions once the likely outcomes of these stories are revealed!

Use this tool to judge the severity of the upcoming case studies.

DEGREES OF MISCONDUCT (from bad to worst)

• GREEN (not illustrated)  = not a misconduct
• BLUE (not illustrated) = inappropriate, unwise, or “bad for appearances” – but no consequences
• PURPLE = “Unprofessional” – unlikely to result in serious consequences except possible damage to one’s professional reputation
• GOLD = “Immoral” – no guarantee of consequences except may result in lowering the year-end teacher evaluation score, earning a “warning” or “write-up” by the principal/supervisor, or consideration for a job re-assignment
• ORANGE = “Unethical” – which will result in discipline action and possible loss or suspension of certificate
• RED = “Illegal” – which may add criminal penalties, fines, jail time, etc. All it takes is a felony or misdemeanor conviction to lose your job… and your certificate… even if it is unrelated to your employment or taking place at school.

 

Essential Ethical Questions

It is important to analyze your response to these reflections during your assessment of each ethical dispute:

1. What possible issues/concerns might this scenario raise?
2. How could this situation become a violation of the law, the “Code” or other school/district policies?
3. In this situation, what are some potential negative consequences for the teacher, students, parents, and/or school staff?
4. How would this episode affect a teacher’s efficacy in his/her classroom, demean the employing school entity, or damage her position as a moral exemplar in the community?

 

Mock Scenarios

CASE #1

Melissa S. was a 23-year-old high school music teacher who also supervised the production of the school musical. After months of practices, Miss S. became very close to several seniors including David, the male lead in the musical.  She and David began sharing emails and texts with one another.  Most of the communications were playfully flirtatious but not overtly sexual.  Immediately after graduation, however, Miss S. and David began dating and became sexually intimate. After discovering the relationship, David’s parents filed a complaint against Miss S. with the district superintendent.

CASE #2

My drum major was suspended because she smoked pot and was caught. I needed her to run the half time show we had been practicing for months and so I attempted to convince administration that she had to participate because it was part of my curriculum and part of her grade. I decided the other kids shouldn’t be punished because of her idiocy so I worked hard to keep her in the show.

This assumes the principal will make the ethical decision in allowing or prohibiting the student leader to participate.

Let’s put this choice squarely on your shoulders (where it usually sits). What would you do if you were the one that discovered your soloist, lead, accompanist, or drum major was drinking on a school music trip? What if he or she was the one performer you counted on for an outstanding adjudication?

You walk into the Disney World cafeteria, see your student has a wine cooler on his/her tray sitting at the tables. Since no one else sees you standing there, you walk out as if nothing has happened.

CASE #3

You are taking your high school music department to Orlando. Because of the size of the trip, you have to put it out on bid. One company offers a generous “under the table” deal: “If you choose our travel agency for the Florida trip, we will throw-in the gift of a new conductor’s podium and set of two dozen music stands.” You decide to go with them.

CASE #4

James C. is a middle school music teacher who was arrested for drunk driving. After several months, the teacher goes to court and is convicted of the offense. When the district moves to have Mr. C fired for his conviction, he argues that this offense has no influence over his ability to instruct his students. Also, the episode happened during the weekend on his private time.

CASE #5

Mrs. K is a high school choral director whose husband recently divorced her. During a lesson one day, she breaks down in front of her class. In an attempt to calm the students, she explains her emotional state and discusses the end of her marriage. After school that day, a male student visits Mrs. K to see if she has recovered. The student explains that his parents are also divorcing and he understands her feelings. The student begins stopping in to see Mrs. K more frequently and the pair begins spending more time outside of class supporting each other. Mrs. K’s colleagues start to become suspicious of her relationship with the student and report the teacher’s actions to their principal.

 

 

Food for Thought – Suggestive Answers

Please keep in mind my disclaimer, “I am not an attorney, a member of a human resource staff, nor a research scholar or expert on school ethics.” However, although retired, I continue to teach (part-time) and face day-to-day decision-making… now for more than 40 years.  These are my responses to the above cases. I welcome your comments, and any input from highly respected leaders in the field of educator ethics like Dr. Troy Hutchings (Chair of Education, University of Phoenix) and Dr. Oliver Dreon (Associate Professor, Millersville State University of Pennsylvania).

RESPONSE TO CASE #

1. ETHICS VIOLATION: In my opinion, this would likely result in loss of employment and revocation of her certificate. The debate in some areas of the world supports that it may be permissible to have an intimate relationship with a former student as long as it did not start while the student was at school. We have learned that the American Psychological Association has an ethical guideline of non-fraternization for at least two years post-treatment, while the National Association of Social Workers has a one year moratorium for sexual involvement with a client. However, frankly, in the teaching profession, due to the inherent power imbalance that can influence inappropriate relationships between teachers and students or former students – even after graduation: Are either of these models relevant?
2. ETHICS VIOLATION: Most would say this was a serious noncompliance with the school district’s drug and alcohol policy, violation of the local laws governing underage consumption, and likely breach of your fiduciary responsibility. No decision is a decision… walking away means you condone the behavior. What if the drinker becomes sick or has an accident and gets hurt “on your watch?”
3. ETHICS VIOLATION: Better check your state’s code of ethics. From the Pennsylvania Code of Professional Practices and Conduct, “No educator is permitted to accept personal or financial gain or advantage (other than their contractual compensation package) through their work in a school system.” Interpretations may disagree on a “true-life” experience: At a music conference, I was invited to a special dinner celebrating the “best clients” by a vendor representative who insisted on picking up the tab. Minimal infraction?  Would you change your misconduct rating if the party took place at Hooters? How about at a strip club?
4. ETHICS VIOLATION: The convicted drunk driver did not win his argument. He probably would lose his job and faced criminal penalties! Although he may still hold his teaching certificate, it is unlikely he will ever be considered for employment as a teacher in any state.
5. ETHICS VIOLATION: Did you initially interpret this as the choral director being misguided, emotionally immature, and only exhibiting unprofessional conduct by allowing the sharing their mutual feelings and experiences? According to the author of this scenario, after investigation, she was asked to resign from her position, and she complied. She did not lose her certificate… but could have depending on state or district regulations and the extent of her off-school behavior.

 

More ethical dilemmas and case studies for discussion are available here, the second page of a handout distributed at one of my teacher ethics workshops.

Of course, ETHICAL ISSUES are not always black and white… no one will ever agree on one definitive set of moral standards. My purpose here was only to inspire thinking and a fresh perspective on this topic… probably succeeding in creating more questions than answers in your mind.

 

Definitions and Revisiting MCEE

To summarize, lets review the well-stated foundations of “right or wrong” making up our “ethical equilibrium,” and these concepts that represent the compass of decision-making in education:

• Personal Morality: “Personal values and beliefs derived from one’s life experiences… subjective and may or may not align with community mores.”
• Regulations of Law: “Policies, statues, and judicial activity that articulate conduct absolutes.”
• Professional Ethics: “Professional ethical standards that assist practitioners within situation and systemic contexts in choosing the best course-of-action.”
• Professional Dispositions: “Agreed upon professional attitudes, values and beliefs to be held by educational practitioners.”

 

Finally, at this juncture, it would be most appropriate for you to recap your thoughts and correlate your “judgments” of the above scenarios with the National Association of State Directors of Teacher Education and Certification Model Code of Ethics for Educators. If you have not read this comprehensive document, “do it now!” You should also review your own state’s code of ethics.

This is all about BALANCE and exercising extreme care and sensitivity in meeting the needs of our students. Keep “fighting the good fight” and your commitment to ETHICS and the highest standards of what E.A. Wynn refers to as “moral professionalism” in his research article, “The Moral Dimension of Teaching.”

PKF

Special Thanks to These Sources of Mock Scenarios

• Pennsylvania Educator Ethics and Conduct Toolkit by Dr. Oliver Dreon, Sandi Sheppeard, and the Professional Standards  and Practices Commission
• Nebraska Professional Practices Commission
• Connecticut Teacher Education & Mentoring Program

 

Featured photo credit from FreeImages.com:

“Ethics” by Olivier Le Moal

 

Remaining photo credits in order from pixabay.com:

“ethics-right-wrong-ethical-moral” by Tumisu

“mobile-phone-smartphone-keyboard” by Gerd Altmann

“question-mark-pile-question-mark” by Arek Socha/qimono

“choice-arrow-question-mark-path” by Eric Leroy/Kingrise

“business”-idea-style-concept-goals” by Mary Pahlke

“wooden-train-toys-train-first-class” by Couleur.

© 2019 Paul K. Fox