Working Towards a Model Code of Educator Ethics NASDTEC May 14, 2014

Working Towards a Model Code of Educator Ethics NASDTEC May 14, 2014 Troy R. Hutchings, Ed.D. Research Chair - Education University of Phoenix

Today’s Discussion A common understanding Other professions’ codes of ethics Process of constructing a code of ethics Current research surrounding educator ethics Perhaps it’s not just a document

Why have Professional Ethical Standards? “No profession can really exist without a code of ethics to guide the conduct of its members. Doctors, lawyers, and clergymen have their ethical codes, but teachers can scarcely be said to have such a code. Until they have developed a professional spirit which is characterized by loyalty to the recognized standards, they cannot rank with the learned professions” (Ontario Minster of Education, 1915). Campbell, E. (2000). Professional ethics in teaching: towards the development of a code of practice. Cambridge Journal of Education, Vol. 30, No. 2

Why have Professional Ethical Standards? Clarify to current and future teachers, and to those they serve, the nature of the ethical responsibilities held in common by all educators Establish principles that define ethical behavior and ethical best practice Serve as an ethical guide designed to assist educators in constructing the best course of action Serve as a basis for educator learning, accountability, and remediation (adapted from ACA Code of Ethics Purpose)

Operational Definitions Regulatory Framework A body of statutes, regulations, policies, and case law that provides the framework governing school operations, including the conduct of teachers. This may include school or district policies, state statutes, or criminal codes. The consequences of violating these conduct absolutes may warrant employment or licensure sanction, or even criminal action.

Dispositional Framework Professional attitudes, values, and beliefs that guide professional decision-making Ethical Framework Professional ethical standards that guide decision-making in determining an ethical course of action (they are not themselves enforceable rules) A trajectory of decision-making that carefully weighs all competing tensions When we speak of ethics, we are NOT talking about personal morality!

Should the behavior of teachers be judged solely within the framework of the law? Regulatory Framework "External control. implies that teachers require discipline to produce good behavior.” (Dresscher qtd. in van Nuland, 2009) or or within the framework of professional teaching? Ethical Framework "Internal control. connotes a self-regulatory process, implies that teachers are working for the good of their students.” (Dresscher qtd. in van Nuland, 2009)

Educator Ethics It’s not just about teacher BEHAVIORS, but about offering DIRECTION when the path becomes murky

Ethical Equilibrium Dispositional Framework Regulatory Framework Attitudes, values and beliefs that guide decision-making Policies, statutes, and case law that guide decision-making Conduct Absolutes Personal Professional Employment Sanctions Certification Sanctions Criminal Action Ethical Framework Professional ethical standards that guide decision-making Professional Standards Trajectory of Decision-Making Personal - Professional

Outcomes Student Safety & Welfare physical . emotional . intellectual . sexual Educator Decision Making Bear Public Scrutiny Inspire Public Confidence

The Challenge of Variance All states have adopted codes created specifically for educators. However, the content and specificity of language varies greatly from state to state. Some represent aspirational standards (dispositions), other states use their codes to delineate what teachers should not do (forming the basis for licensure sanction), still others combine both aspects. Furthermore, some states entitle their enforceable standards “Code of Ethics,” when in actuality, the term “Code of Conduct” more accurately describes a regulatory document that defines behavior absolutes.

Other Professions’ Codes of Ethics American Psychological Association “Ethical Principles of Psychologists and Code of Conduct” Developed in 1952 Introduction (intent, organization, procedural considerations, and scope of application) Preamble (5 aspirational goals) General Principles Standards (10 standards and multiple substandards)

American Counseling Association (ACA) “ACA Code of Ethics” First published in 1961 Preamble Purposes (five purposes) Sections (eight sections and multiple subsections) Section A: The Counseling Relationship Introduction A.1. Welfare of those Served by Counselors A.1.a. Glossary of Terms

American Bar Association (ABA) “Model Rules of Professional Conduct” Original 32 Cannons of Professional Ethics adopted in 1932 “Model Code of Professional Responsibility” adopted in 1969 Preface (Historical understanding of current codes) Terminology Cannons (Statement of norms expected of lawyers in their relationships with the public, the legal system and the profession) Ethical Considerations (a body of principles upon which the lawyer can rely for guidance) Rules (8 sections, and multiple subsections, that state the minimum level of conduct) Rule 1: Lawyer-Client Relationships 1.8 Conflict of Interests: Current Clients (j) A lawyer will not have sexual relations

American Medical Association (AMA) “AMA Code of Medical Ethics” Adopted in 1847 Preamble Principles (8 aspirational principles) Terminology The Relation of Law and Ethics Opinions (10 sections and multiple subsections) Opinion 2: Social Policy Issues 2.1 Abortion

American School Counseling Association (ASCA) “Ethical Standards” First adopted in 1984 Preamble 7 categories Each category has multiple standards A.4 Dual Relationships Professional school counselors: a. Avoid dual relationships that might impair their objectivity and increase the risk

Process of Constructing a Code of Ethics In reviewing the literature regarding the construction of codes of ethics for other professions, educational codes of ethics in other countries, and discipline-specific codes within our own profession, there were similar processes that were followed: Initial research to identify categorical domains and the context of ethical decision-making within that professional body (most often qualitative) Utilizing that initial research to then conduct large surveys of the profession’s constituents to further isolate categories of concerns (quantitative) Convening a committee representing the major organizational stakeholders within the profession to draft the document Field-test the guiding principles utilizing myriad case studies Solicit representational member feedback Construction of a draft document Invited feedback from all constituents Construction of the final document (with periodic revisions)

Current Research Shapira-Lishinsky, O. (2009). Towards professionalism: ethical perspectives of Israeli teachers. European Journal of Teacher Education, 32 (4), 473- 487. STUDY GOAL Categorize the dilemmas that teachers face SAMPLE and DESIGN n 38 teachers (in a central geographic location in Israel) 45-minute interviews Teachers asked to share ethical dilemmas (52 emerged) RESULTS 52% of the dilemmas fit into category of: “Caring for others and adhering to formal codes”

Barret, D., Headley, K., Stovall, B., & Witte, J. (2012). How do teachers make judgments about ethical and unethical behaviors? Toward the development of a code of ethics for teachers. Teaching and Teacher Education, 28, 890898. STUDY GOAL Identify the internal ethical norms of the profession by having participants rate the extent to which they believed teacher behaviors (a) occurred frequently, and (b) represented a serious violation of professional standards on 41-item scale. SAMPLE and DESIGN n 593 (108 pre-service majors, 485 “educators” (teachers, counselors, administrators, support staff, etc.) employed in a school district in northwest South Carolina) Descriptive survey (41 Likert-scale questions that describe teacher behavior) RESULTS Categories SEEN FREQUENTLY in schools (i.e. teachers gossiping about students, knowingly allows a student to violate a school rule, etc.) Categories NOT SEEN as a violation of professional ethics (i.e. hires students to do chores, behaves unprofessionally outside of work, etc.) Categories SEEN as a violation of professional ethics (i.e. making sexually provocative statements to students, engage in romantic relationship with students, etc.

Aultman, L., Williams-Johnson, M., & Schutz, P. (2009). Boundary dilemmas in teacher-student relationships: struggling with “the line.” Teaching and Teacher Education, 25, 636-646. STUDY GOAL Determine a typology of boundaries that teachers face, as well as examine teachers’ relationships with their students as well as how they described and negotiated relationship boundaries SAMPLE and DESIGN n 13 (in-service teachers from graduate education courses/10 females and 3 males) Sequence of two semi-structured interviews RESULTS Eleven types of boundaries were established “ the participants discussed difficulties in defining boundary lines, and the dilemma of negotiating that line with students.” Boundary lines are “inherently tied to their teacher identities” (arbitrary)

Hutchings, T. & Norris, A. (2013) STUDY GOALS (a) To determine the categorical domains of educator ethical dilemmas, (b) examine the context of educator decision-making, (c) examine the daily ethical dilemmas that teachers face, (d) and to more fully understand teacher’s perceptions regarding their ethical dilemmas. SAMPLE and DESIGN n 92 12 three-hour focus groups in 7 states that were recorded and transcribed PK-12th grade current teacher practitioners separated into elementary and secondary focus groups Representing a variety of learning communities Structured and open-ended questions RESULTS See following slides

Figure 1. Frequency distribution (n and percentage) of the aggregated (elementary and secondary) ethical dilemmas identified by teachers. Categories 38 19% Colleagues 35 17% Students Building Administration 24 12% Extent of Duties 23 12% 22 11% Policies 19 10% Implicit Norms 18 9% Curriculum/Instruction/Assessment 11 6% Parents 10 5% Self Mentoring 0% Total n 202 2 1% 2% 4% 6% 8% 10% 12% 14% 16% 18% 20%

Figure 2. Distribution (percentage) of data disaggregated by the ethical dilemmas identified by elementary teachers and the ethical dilemmas identified by secondary teachers Categories Colleagues 10% Students 17% Extent of Duties 10% Policies 10% Implicit Norms 9% Curriculum/Instruction/Assessment 9% 9% 0% 13% 12% 10% Elementary %% ofof elementary (n (n 107) elementary 107) Secondary 8% 2% Self Mentoring 0% 25% 7% Building Administration Parents 25% 12% %%ofof secondary (n (n95) secondary 95) 7% 3% 2% 2% 4% 6% 8% 10% 12% 14% 16% 18% 20% 22% 24% 26%

Without a Common Framework of Decision-Making and Conduct Teachers rely on a personal morality and life experiences to guide their decision-making. There is a collegial loyalty in not reporting perceived misconduct. Implicit norms develop within the learning community and vary by teacher grouping, administrator, school, and district. Alliances often dictate the implicit norms that occur within the learning community.

Without a Common Framework of Decision-Making and Conduct Teachers' roles are not clearly defined, and the extent of their duties not delineated, which results in arbitrary boundaries. There is often a deference of responsibilities by teachers. There is a high degree of frustration among teachers regarding the variability of their actions ("We just need to be on the same page"). Knowledge of the rules (explicit or implicit) often occurs by transgressing the rules.

Without a Common Framework of Decision-Making and Conduct When seeking guidance on ethical decision-making, teachers often rely upon opinions that lead to situational, subjective, arbitrary, and inconsistent resolutions. There is a culture of silence that exists among teachers regarding ethical decision-making due to a fear of consequences. Ethical tensions exist in all facets of teachers’ roles. Teachers are often placed in positions of powerlessness when faced with ethical decisions that might conflict with administration.

Without a Common Framework of Decision-Making and Conduct A "continuum-of-responsibility" within the profession is nonexistent. Teachers are making decisions in isolation and without transparency. Teachers are ". at odds with a natural human reaction. and we are being asked to challenge that reaction. We're being asked to put that aside in the face of a rule or a dictated principle, or something opposed to simply just responding the way humans should respond."

Perhaps we should think bigger than just an ethics document ASCA Website: Code of Ethical Standards Ethical tips Articles on a variety of situational topics (case study, relevant legal and ethical citations, discussion linked back to the “code”, direction in ethical decision-making, etc.) Legal and ethical FAQ’s Opportunity to email in questions and receive a direct response from school counselor practitioners trained in ethics Specific training to school counselors ( 99) resulting in certification Resources (books, articles, etc.) http://schoolcounselor.org/school-counselors-members/legal-ethical

One such ASCA resource Stone, C. (2005). School counseling principles: Ethics and law (2nd Edition). ASCA, Alexandria, VA. Overview of law, ethics, and codes An examination of the ethical complications of working with minors Framework for decision-making that is centered on the ASCA and ACA Code of Ethics Over 100 case studies of daily dilemmas Each case study links directly to ASCA Code of Ethics Case law is applied to each case study Legal and ethical pitfalls are examined Key terms and phrases Reference list of sources Application, application, and application!!

ABA Website: Center for Professional Responsibility “The center provides national leadership in developing and interpreting standards and scholarly resources in legal and judicial ethics, professional regulation, professionalism, and client protection.” Model Rules of Professional Conduct History of their code of ethics Downloadable App for smartphone use https://itunes.apple.com/us/app/rulebook/id454619081?mt 8 EthicSearch (free legal and ethics research service for members of ABA which will locate situations to relevant rules, ethics opinions, and other resources) Ethics tips Latest ethical and legal news Upcoming events Resources http://www.americanbar.org/groups/professional responsibility.html

NAEYC Website: Code of Ethical Conduct Position Statements Applying the NAEYC Code: handouts of situations with ethical dimensions for group problem solving Publications that address professional ethics A series of published columns on early childhood ethics PowerPoint presentations A series of videos that discuss the history of the NAEYC Code of Ethical Conduct development, revisions, the importance of the code, and the elements of the code. Other resources http://www.naeyc.org/ethics

Poignant thoughts from the ethics experts “Awareness of the ethics codes is crucial to competence in the area of ethics, but the formal standards are not a substitute for an active deliberative, and creative approach to fulfilling our ethical responsibilities. They prompt, guide, and inform our ethical consideration; they do not serve as a substitute for it. There is no way that the codes and principles can be effectively followed or applied in a rote, thoughtless manner each situation is unique and is likely to change significantly over time.” “Ethics must by practical. Ethics that are out-of-touch with the practical realities of clinical work, with the diversity and constantly changing nature of the therapeutic venture, are useless.” Pope, K. & Vasquez M. (2011). Ethics in psychotherapy and counseling (4th edition).

Poignant thoughts from teachers “There are no ethical dilemmas in public education. because there are no ethics. There is no right or wrong. See nothing, hear nothing, report nothing, punish no one. Ethics does not exist.” Research Participant (Hutchings & Norris, 2013) “This (ethical decision-making) is the elephant in the room. I reflect daily upon whether my decisions that day were good decisions. But I have made mistakes. If I had to do it over again. if WE had somebody with whom we could talk to on a regular basis about that elephant in the room. we could finally say, 'we are a team to be reckoned with, because we would be a group of phenomenal teachers nationwide'.” Research Participant (Hutchings & Norris, 2013)