1 DEALING WITH TROUBLED AND TROUBLING STUDENTS Dan Sharphorn Office of the General Counsel The University of Texas System & Sheldon R. Gelman Sheldon R

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DEALING WITHDEALING WITHTROUBLED AND TROUBLING TROUBLED AND TROUBLING

STUDENTSSTUDENTS

Dan SharphornDan SharphornOffice of the General CounselOffice of the General Counsel

The University of Texas SystemThe University of Texas System&&

Sheldon R. GelmanSheldon R. Gelman Dorothy and David I. Schachne Dean, Wurzweiler School of Social Work &Dorothy and David I. Schachne Dean, Wurzweiler School of Social Work &

Associate Vice President of Academic Affairs, Yeshiva UniversityAssociate Vice President of Academic Affairs, Yeshiva University

Presentation to the National Association ofPresentation to the National Association of Deans and Directors of Schools of Social WorkDeans and Directors of Schools of Social Work

Albuquerque, New MexicoAlbuquerque, New MexicoMarch 14, 2008 March 14, 2008

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Hypothetical #1 – LucyHypothetical #1 – Lucy

You are the new associate dean for You are the new associate dean for student affairs in the school of social work. student affairs in the school of social work. Lucy is a second semester MSW student Lucy is a second semester MSW student who, although she seemed a bit odd and who, although she seemed a bit odd and did not interact particularly well with her did not interact particularly well with her peers, did well in the classroom the first peers, did well in the classroom the first semester. She is now in her first semester. She is now in her first practicum experience where things are not practicum experience where things are not going so well.going so well.

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The Director of the agency where Lucy The Director of the agency where Lucy has been placed called to ask that she be has been placed called to ask that she be removed.removed.

She says Lucy’s behavior has been erratic She says Lucy’s behavior has been erratic and that clients have complained about and that clients have complained about her.her.

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The Director further explains that Lucy will The Director further explains that Lucy will not listen to instructions, and becomes not listen to instructions, and becomes particularly agitated when criticized.particularly agitated when criticized.

None of the agency staff members want to None of the agency staff members want to work with her.work with her.

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You meet with Lucy and tell her about the You meet with Lucy and tell her about the complaints. She denies having any complaints. She denies having any problems and begins to cry. She says she problems and begins to cry. She says she thought she was doing well in the thought she was doing well in the placement, that everyone has placement, that everyone has complimented her, and that her first complimented her, and that her first evaluation was positive. She says evaluation was positive. She says someone is out to get her because of her someone is out to get her because of her religion.religion.

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You talk to the placement coordinator and You talk to the placement coordinator and the two of you decide to give Lucy a the two of you decide to give Lucy a second chance in a new agency.second chance in a new agency.

The placement coordinator wants the new The placement coordinator wants the new agency to be told about Lucy’s problems in agency to be told about Lucy’s problems in her first placement.her first placement.

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Hypothetical #1 – Lucy Hypothetical #1 – Lucy

Soon after Lucy begins in the new clinic, Soon after Lucy begins in the new clinic, the new agency’s Director calls to report the new agency’s Director calls to report that it is not working out.that it is not working out.Fellow students at the agency complain Fellow students at the agency complain that they find Lucy’s behavior bizarre and that they find Lucy’s behavior bizarre and frightening and say they will not work with frightening and say they will not work with her. They also say they are afraid to file a her. They also say they are afraid to file a formal complaint as they fear retaliation.formal complaint as they fear retaliation.

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Next, the placements coordinator says she Next, the placements coordinator says she refuses to work any more with Lucy refuses to work any more with Lucy because she is a problem everywhere she because she is a problem everywhere she goes and Lucy calls her all the time to goes and Lucy calls her all the time to complain about the agency. complain about the agency. The coordinator and her staff are wasting The coordinator and her staff are wasting too much time on Lucy and her strange too much time on Lucy and her strange behavior is making them all afraid.behavior is making them all afraid.

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You decide to contact student counseling You decide to contact student counseling services to try to find out what information services to try to find out what information they have about Lucy’s behavior.they have about Lucy’s behavior.

You also contact her undergraduate You also contact her undergraduate university to see what her records reveal.university to see what her records reveal.

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Lucy’s mother calls. She threatens to sue Lucy’s mother calls. She threatens to sue the school and demands to know what is the school and demands to know what is going on with her daughter, who is a going on with her daughter, who is a brilliant student and who was very brilliant student and who was very successful throughout high school and successful throughout high school and undergraduate school until you people undergraduate school until you people began to harass her.began to harass her.

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Next, Joe Slick, local plaintiff’s attorney Next, Joe Slick, local plaintiff’s attorney calls to let you know that he is on the calls to let you know that he is on the case.case.

Joe wants a copy of Lucy’s complete file, Joe wants a copy of Lucy’s complete file, as well as the file of all other students in as well as the file of all other students in her placement, and he wants to meet soon her placement, and he wants to meet soon with you and the dean to discuss how with you and the dean to discuss how poorly Lucy has been treated, or he will be poorly Lucy has been treated, or he will be filing a lawsuit.filing a lawsuit.

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Lucy’s attorney eventually claims that Lucy Lucy’s attorney eventually claims that Lucy has a disability, a mental disorder, and has a disability, a mental disorder, and that the school has violated the law by that the school has violated the law by failing to accommodate her disability.failing to accommodate her disability.

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Eventually, Lucy takes time off from Eventually, Lucy takes time off from graduate school to get treatment.graduate school to get treatment.

The following year, she writes to say she The following year, she writes to say she is ready to return.is ready to return.

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Hypothetical #2 - Bart Hypothetical #2 - Bart

You are the new associate dean for faculty You are the new associate dean for faculty affairs in the school of social work. affairs in the school of social work. Professor Bart is a long-time, tenured Professor Bart is a long-time, tenured member of the faculty. Bart is a member of the faculty. Bart is a successful researcher and active and successful researcher and active and respected in the professional community.respected in the professional community.Lately, however, staff have begun to Lately, however, staff have begun to complain about him.complain about him.

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Hypothetical #2 - BartHypothetical #2 - Bart

Clerical staff members, particularly the Clerical staff members, particularly the new office manager, have complained that new office manager, have complained that Bart has temper tantrums and screams at Bart has temper tantrums and screams at them. She says that they are afraid he will them. She says that they are afraid he will physically harm them. Bart is a large, physically harm them. Bart is a large, imposing figure.imposing figure.

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One of Bart’s graduate research assistants One of Bart’s graduate research assistants reports that Bart has been behaving reports that Bart has been behaving strangely, yelling at her and favoring the strangely, yelling at her and favoring the other assistants in his lab.other assistants in his lab.The assistant says she thinks Bart has The assistant says she thinks Bart has been drinking in the lab.been drinking in the lab.She says something should be done about She says something should be done about Bart, but he cannot know she complained Bart, but he cannot know she complained or her career will be ruined.or her career will be ruined.

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Hypothetical #2 – BartHypothetical #2 – Bart

You talk to Bart. He becomes agitated, but You talk to Bart. He becomes agitated, but does not lose control. He says the new does not lose control. He says the new office manager is incompetent and out to office manager is incompetent and out to get him. He says he knows which get him. He says he knows which research assistant must have complained research assistant must have complained and that she too is incompetent and he and that she too is incompetent and he should never had hired her, in fact he should never had hired her, in fact he plans to release her at the end of the plans to release her at the end of the month. month.

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You talk with the two other assistants in You talk with the two other assistants in Bart’s lab. They are largely supportive of Bart’s lab. They are largely supportive of Bart. Both are male, and close to Bart. Both are male, and close to graduation, and say Bart has a temper, but graduation, and say Bart has a temper, but it doesn’t mean anything and that they it doesn’t mean anything and that they have learned a lot from him. have learned a lot from him.

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A member of the office staff reports that A member of the office staff reports that she heard from a friend that Bart was she heard from a friend that Bart was recently arrested by the police for recently arrested by the police for domestic violence and that the staff are domestic violence and that the staff are now more afraid than ever of Bart.now more afraid than ever of Bart.

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Bart demands copies of everything in his Bart demands copies of everything in his file and everything related to any file and everything related to any complaints about him. He also asks for complaints about him. He also asks for the complete files of the office manager the complete files of the office manager and the graduate research assistant.and the graduate research assistant.

He says he is planning to sue them both He says he is planning to sue them both for defamation.for defamation.

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One of Bart’s longtime colleagues comes One of Bart’s longtime colleagues comes to you with concerns about Bart. Bart is a to you with concerns about Bart. Bart is a clinical psychologist who sees patients clinical psychologist who sees patients and the colleague has observed what he and the colleague has observed what he characterizes as Barts deteriorating characterizes as Barts deteriorating demeanor. Bart is more irritable and easily demeanor. Bart is more irritable and easily upset. The colleague is concerned about upset. The colleague is concerned about Bart’s continuing to see clients.Bart’s continuing to see clients.

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Before the school takes any final action, Before the school takes any final action, Bart tells you he is fed up with the school Bart tells you he is fed up with the school and will be leaving.and will be leaving.

Shortly thereafter you receive a call from Shortly thereafter you receive a call from the dean of another school asking for a the dean of another school asking for a reference for Bart.reference for Bart.

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Hypothetical #3 - John Hypothetical #3 - John

John is a 35 year old first year MSW John is a 35 year old first year MSW student. His agency field instructor reports student. His agency field instructor reports to the School’s field work liaison that he is to the School’s field work liaison that he is acting irrationally and is making threats acting irrationally and is making threats against employees of the agency. against employees of the agency.

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Hypothetical #3 - JohnHypothetical #3 - John

Another student, who is placed in the Another student, who is placed in the same agency, is also concerned about same agency, is also concerned about John and reports his behavior to the Field John and reports his behavior to the Field Work Office. John’s academic advisor Work Office. John’s academic advisor reports that she is receiving threatening reports that she is receiving threatening emails from John and has concerns about emails from John and has concerns about his mental status.his mental status.

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The Field Work Office reaches out to John The Field Work Office reaches out to John and asks him to attend a meeting at the and asks him to attend a meeting at the school to explain what is happening. The school to explain what is happening. The Field Office and Associate Dean also Field Office and Associate Dean also request an evaluation of John by the request an evaluation of John by the University’s Counseling Center. University’s Counseling Center.

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The Counseling Center is reluctant to The Counseling Center is reluctant to conduct an evaluation if it will serve as the conduct an evaluation if it will serve as the basis for a dismissal. They offer to basis for a dismissal. They offer to evaluate and refer the student if the school evaluate and refer the student if the school dismisses him from the program.dismisses him from the program.

John appears at the appointment with his John appears at the appointment with his elderly mother.elderly mother.

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Hypothetical #4 - MariaHypothetical #4 - Maria

Maria, a second year work-study student Maria, a second year work-study student is an employee of a foster care agency is an employee of a foster care agency which is providing an educationally which is providing an educationally structured field placement for her. The structured field placement for her. The agency has also provided Maria time off to agency has also provided Maria time off to accommodate her class schedule. accommodate her class schedule.

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The Educational Coordinator at the The Educational Coordinator at the agency informs the field work office that agency informs the field work office that they have suspended Maria for ethical they have suspended Maria for ethical violations. She has been lying about her violations. She has been lying about her hours and whereabouts and has falsified hours and whereabouts and has falsified records of client contacts. records of client contacts.

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Additionally, she has asked her supervisor Additionally, she has asked her supervisor to cover court dates for her because of to cover court dates for her because of class conflicts, when she has no class conflicts, when she has no scheduled classes.scheduled classes.

Maria has requested a new field Maria has requested a new field placement.placement.

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Hypothetical #5 - GeorgeHypothetical #5 - George

Two Faculty members have requested a Two Faculty members have requested a status review of a first year student who status review of a first year student who they believe does not express values they believe does not express values consistent with the NASW Code of Ethics. consistent with the NASW Code of Ethics. George makes statements in class about George makes statements in class about various population groups and is various population groups and is confrontational with other students who he confrontational with other students who he thinks are “bleeding hearts.” thinks are “bleeding hearts.”

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George challenges his instructors and George challenges his instructors and constructs well thought out arguments in constructs well thought out arguments in an effort to refute the material that is being an effort to refute the material that is being presented. In spite of conversations with presented. In spite of conversations with the faculty members, his classroom the faculty members, his classroom behavior has not been modified. behavior has not been modified.

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When he is summoned to the Associate When he is summoned to the Associate Dean’s office and questioned about his Dean’s office and questioned about his classroom behavior, George says that he classroom behavior, George says that he is merely trying to engage others in dialog is merely trying to engage others in dialog and debate. Concerns have been raised and debate. Concerns have been raised about the appropriateness of allowing this about the appropriateness of allowing this student to register for field work.student to register for field work.

Documents

1 DEALING WITH TROUBLED AND TROUBLING STUDENTS Dan Sharphorn Office of the General Counsel The University of Texas System & Sheldon R. Gelman Sheldon R