Week 29 - APC - Influence of Law and Ethics on Professional Practice

Personal & Professional Ethics

Definition: 

The basic concepts and fundamental principles of decent human conduct.

Having an ethical stance on things you passionately believe in can at times clash with those with different views. The key is coming to some common grounds or agreeing to disagree amicably. 

So what are my personal ethics or moral foundation that makes me who I am, how I lead and how I conduct myself? 

The code of ethic's for certificated teachers has four fundamental principles:

• Autonomy to treat people with rights that are to be honoured and defended
• Justice to share power and prevent the abuse of power
• Responsible care to do good and minimise harm to others
• Truth to be honest with others and self

These four principles are similar to how I try to live my life:

• Treat others how you wish to be treated
• Be teachable just as a little child
• Take responsibility of my actions and own up to mistakes
• Trust is the best policy

My foundations of ethical and moral beliefs, are ever-evolving. The older I get my beliefs change, new ones are formed by the informed choices I make as my knowledge increases within my personal and professional life.

Is their a difference between personal and professional ethics? Does my personal ethics differ from my professional ethics? These are the questions that have me reflecting on my ethical practice. I really believe that my personal ethics are what motivates me to make the decisions right for me and my family, the choices I make and the way in which I conduct myself both as a mother, a sister, a wife, a friend, a Principal and the list goes on. It is about my actions within each of these interest groups and the role I play as a provider, carer, leader, or companion. My professional ethics are one in the same, together they make me, the whole person. I can not be one without the other. I choose to be an educator, a Principal and that my life would be on display for everyone to see. My conduct both in and out of school is and can be scrutinised, the associations I keep and the social platforms I belong to.

Ethical Decisions

Ethical decision-making is challenging because teachers are often required to resolve tensions when their professional Code of Ethics is applied. 

It is important to ensure that any ethical decision made, the child's safety and wellbeing is always at the forefront. Cultural backgrounds of families also need to be considered.

BALANCING THE PRINCIPLES

The four guiding principles are interconnected and cannot or should exist in isolation. They are key to ensuring the rights of the stakeholders or interest groups are adhered to.

The ethical principles underlying the Education Council Code of Ethics do not stand in isolation. The four principles exist in a continuing relationship of tension as illustrated in the following diagram:

Balancing autonomy, justice, responsible care and truth 

Competing Interest Groups

Tensions may also exist between the claims of the four groups to whom teachers have commitments:

Interest groups are students, parents / guardians & family / whanau, the profession and society

RESOLVING TENSIONS

Resolving the competing claims of different ethical principles and different interest groups is usually best achieved through reflective professional discussion where the interests of learners are regarded as being of prime concern.

The process of making ethical decisions requires practice and is worthy of inclusion in both the pre-service education of teachers and their continuing professional development. (Education Council - Ethical Decisions)

Ethical Dilemma

Hall (2001) suggests a set of questions to guide the ethical process when dealing with a dilemma including:
 “Which stakeholder should be given priority? Why?
What restrictions are there to your actions?
Which courses of action are possible?
How should the course of action be implemented?“ (p.5)

Questions to guide ethical decision-making 
Participants are asked to use the following questions to help them consider all things before deciding what they ought to do when confronted with an ethical problem, and how they will do it. 

1. What is the problem? 
Reduce the problem to basics by stating it in terms of values or principles such as those underpinning the code of ethics, e.g. Is it acceptable for a teacher to lie to a parent about a child’s behaviour because she believes that the parent will physically assault the child if she tells the truth? 

2. Who are the main stakeholders with interests in the problem, and what are their interests? 
Do not identify too many. Frequently the interested parties may be grouped. For example, in many cases the school is an interested party that includes the board of trustees, the principal and the staff. Its interests may lie in preserving a good reputation and avoiding litigation. 

3. Which stakeholder should be given priority? Why? 
Frequently the primary client is the child or children involved, because of his or her vulnerability. However, this is more difficult when a decision must be made about the competing interests of different groups of children. 

4. What restrictions are there to your actions? 
Consider any relevant law, regulation, code of ethics, ethical principle, or school policy. Sometimes, these may pose competing demands. For example, codes of ethics usually say that teachers have obligations to students, their families and professional colleagues. However, some problems are about conflicts of interests between two of these parties. 

5. Which courses of action are possible? 
Brainstorm possibilities and list them as you go. Try to avoid making any judgements until the list is complete. Before doing anything else, look for and eliminate any duplication that may occur where essentially the same action is suggested in different words. 

6. Can you identify precedent cases that are similar to this one? 
Consider similarities and differences in the circumstances of the precedent cases and identify what they suggest should be done in the present case. 

7. Which courses of action are least acceptable? Why? 
Review your list of possible actions taking account of restrictions already noted (Question 4) and whose interests should be accorded priority (Question 3). In the process, take account of the probable consequences of each possible course of action. Cross out each course of action that is rejected and write beside it why you rejected it. 

8. Which course of action will you follow? Why? 
This should leave you with a preferred course of action. Sometimes, it may be possible to combine two or more actions, possibly as short-term and long-term initiatives. 

9. How should the course of action be implemented? 
It is one thing to know what you ought to do. It is another to decide precisely how you will do it. At least, rehearse the words in your mind. There is nothing worse than doing the right thing, but badly. Remember that how the action should be carried out needs to take account 6 of your status. You will have to live with the consequences! Ideally, you might role -play the solution if you are working in a group. 

10. What does this incident teach about ethical decision-making? 
Review the process. What have you learned that helps you to make sense of your experience and will help you make better decisions in the future? What does it show about you as a teacher?

I attached Hall (2001) questions to help reflect on the actions that should be taken if and when an ethical procedure is required. It shows a clear ethical process that allows for a positive outcome for the stakeholders involved. As new teachers, leaders or Principal's, it is important to know these questions are available to help conduct a clear and transparent process.

Dilemma 

Many years ago while working at an area school and before becoming a Principal, I was chosen to coach the Northland area schools basketball team that attended the national area school sports in Nelson. From our school 50 Yr 11-13 students were selected in their various sporting codes and although I was attending as a NASSA (Northland Area Schools Sports Associate) coach, I was also responsible for the safety and wellbeing of our students who attended. Three other teachers and three parent helpers from our school attended and supported with the care of our students who attended. The teacher in charge from our school gave the briefing, our roles and responsibilities. We were set and began our journey. The tournament was long, draining but really rewarding for our students many whom had never been on a plane before let alone down the south island. Anyway our last night away, the whole squad went out for dinner, then those from other schools went their separate ways sight-seeing etc.. Our school group visited a few places then returned to our accommodation. Our debrief was to pack our things, get an early night as we were heading out early the next day for home. Low and behold, throughout the night some of our students sneaked out of their rooms with students from other schools and got their hands on some alcohol. On our check in throughout the night we caught students in a dorm room drinking. Halls (2001) Question 1: What is the problem? We quickly got the alcohol away from the Question 2: students, got them to clean up the place and shower. Question 3: They were in no state to be spoken to so we sent them to bed with their doors opened and us leaders outside their doorways. Question 4: Because other school students were involved we had to work with their school leaders and decide on a process we would take and how to minimise the harm and ensure students wellbeing was paramount. Question 5: There was so much ideas about how to handle the situation, Question 7: involve police because they were underage drinkers, ring all the schools Principal's, ring the parents and so on. Little did we know, photos and videos were taken that night and plastered on social media. Before we knew it parents were contacting students asking them what was going on. This did not look good for our group. Question 8: We spoke with the students who uploaded the photos and video's and demanded they be taken down. Each lead teacher made contact with our schools Principals and informed them of the incident. The students involved were dropped from the next stage of the tournament which was to represent NZASSA (New Zealand Area Schools Sports Association) in their respective sports code. When we arrived back at school our students involved (4) were meet by their parents and a hui was held with the Principal, lead teacher and myself. It was hard to reach a collective agreement as some of the parents allow their students to drink (Yr 13) Question 9: however, our NASSA contract clearly states that all representatives will abide by their code of conduct, and it clearly highlights that students will not partake in any substance, tobacco, alcohol, other.....Other parents did not allow their child to drink and we could see that this was producing further stress for the students and parents involved. Parents needed to understand that the punishment had already been taken which was out of our control and was a NZASSA decision and that I felt the students had suffered enough for their mistakes and been made to take responsibility for their actions. No media issues had arisen which was good on the schools point of view, but that the incident had occurred was a huge let down.
More conversations were had and after a lengthy debate an agreement was finally reached where all stakeholders accepted the final decision. Question 10: From this process I learnt that decisions can not be made in haste and that flexibility needs to be available as all students circumstances and cultural backgrounds are different and needs to be taken into consideration.
My personal and professional ethics were really tested during that incident. I am not a drinker and was disappointed in our students choice. Was it because they drank alcohol and wasting their full potential, or the fact that they broke their professional agreement and got dropped from their teams? I tried not to judge their actions and tried to be understanding, but they still needed to understand that their choices made us all vulnerable and unsafe. I shared with them how they also jepodised our integrity and possibly jobs.

As a Principal, I use these questions to support my ethical judgements and to ensure all parties rights are adhered to and everyone is safe and respected.

Reference List

Education Council. (nd). Code of Ethics for Certificated Teachers. Retrieved from https://educationcouncil.org.nz/content/code-of-ethics-certificated-teachers-0

Hall, A. (2001). What ought I to do, all things considered? An approach to the exploration of ethical problems by teachers. Paper presented at the IIPE Conference, Brisbane. Retrieved from http://www.educationalleaders.govt.nz/Culture/Developing-leaders/What-Ought-I-to-Do-All-Things-Considered-An-Approach-to-the-Exploration-of-Ethical-Problems-by-Teachers