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Dealing with challenging ethical situationsas a classified educational leader
© Copyright 2014 by Communication Resources for Schools
My teacher’s a porn star!Scenario: Eighth grade boys at the middle school come to a principal with the allegation that their female science teacher has appeared in adult videos on the Internet
The principal immediately calls the district office for advice on how to handle it
Should this be grounds for discipline or dismissal?
Are you facing an ethical situation?
My teacher’s a porn star!Scenario (continued): Principal confronts the teacher and she denies it
Principal sends home a letter to parents saying this is an unfounded rumor
That afternoon some other teachers bring in a video clip on their iPad showing the teacher in the sex act
District places the teacher on paid administrative leave and begins to investigate
Is her private life grounds for taking action?
Other Possible Scenarios Firing a Principal but not being able to say why
School Board Member’s sexual relations with staff
Child abuse allegation that wasn’t reported properly
Administrators or teachers cheating as they score state performance tests
Failure by the superintendent and/or CBO to disclose an accounting error
Volunteer leader embezzling PTA funds
What was your toughest ethical dilemma?
Doing the right thing
Navigating Rough Seas In sailing, the deeper the keel, the more stable the track
The keel in your district is your communication capacity and culture
How you practice ethical leadership in communicating is the rudder
To be a good rudder you need to use your moral compass
Be a Communication Compass
As a key support professional, your role is to help the leadership team to ethically answer tough questions
“Ethics” ‐ What comes to mind?
HONESTY
CHARACTER
INTEGRITY
MORALDUTIFUL
JUST FAIR
LAW ABIDINGRIGHT & WRONG
What is “Ethics”? It isn’t morality; it’s about behaviors and choices Not just a checklist of applied Do’s & Don’ts
Morality is defined by religion, world view, and philosophy so it can vary by cultural, social, and geographic variables
It is a set of values, actions, beliefs and motivations What we ought to do, when we should do it, and why
Who we ought to do it for
Ethics is a process of engagement with other people that relies on communication to reach synergy on what “ought” to be done in a given situation
Let’s test drive our own ethics Have you ever driven faster than
the posted speed limit?
If you said anything but “never” are you an unethical person?
It was illegal, but was it acceptable and/or ethical?
What conditions/factors in your mind made it OK to speed?
Did you rationalize your behavior in the context of others’ actions?
Never Occasionally
Usually Always
Have you ever gotten mad at someone for driving too slow even though they’re going the speed limit?
Ethics aren’t absolute There will be shades of gray in each
situation due to varying facts/perceptions
You need to be comfortable with being uncomfortable
Resist relying on advice from color‐blind advisors who see things as black & white
People with opinions need to be held accountable for the implications and repercussions of their advice
Some people think their beliefs are absolute truths. But it is how we engage and dialogue about different viewpoints that define an ethical process of decision‐making
Self‐righteous viewpoints are a poor foundation
for ethical decision‐making
Finding your ethical center You need to navigate through laws, policies and common sense
The trick is balancing what you must do with what seems to be most: Effective Appropriate Expected Least Damaging
CODES OF CONDUCT
BOARD POLICIES
MANDATED REPORTING
FERPA
CONFLICTS OF INTEREST
CONFIDENTIALITYPUBLIC RECORDS ACT
COURTCASESFO
IA WHISTLEBLOWER
CONSCIENCE
REGULATIONSUse mentors and advisors to help with your decisionsWWJD? (What Would Jim Do?)
Practice “Practical Wisdom”
Can you guide your team toward well‐reasoned decisions?
The precise “right time” when action and deliberation meet You can miss the mark when –
• Premature action without enough deliberation occurs• Over‐processed decisions without action misses the moment of truth
Intense Ethical Dilemmas (IED) IEDs occur at the intersection
of what you value/believe with what the law/policy says you must do
At the convergence you have to make decisions
Those decisions rarely offer enough time for reflection
How and what you decide can cause explosive effects
Principles
PoliciesPractices
Avoiding the “Hurt Locker”
Financial misconduct & errors
Sexual misconduct & harassment
Contracting oversight & bidding
Cheating, lying, & plagiarism
Breach of confidentiality
Conflicts of interest
Pressure groups, pundits and pests (oh my)
Personal life overshadowing professional life
This is the minefield where most of your ethical IEDs lurk
PR Rule #1: Do A Good Job!
=
+
We All Seek Ethical Rubrics
No other Gods
No graven images
Don’t take name in vain
Remember the Sabbath
Honor Mom & Dad
Don’t kill anyone
Don’t commit adultery
Don’t steal
Don’t lie about people
Don’t covet what isn’t yours
Is it the TRUTH?
Is it FAIR to all concerned?
Will it build GOODWILL and BETTER FRIENDSHIPS?
Will it be BENEFICIAL to all concerned?
Boy Scout Law
Trustworthy Loyal Helpful Friendly Courteous Kind Obedient Cheerful Thrifty Brave Clean Reverent
Be a Good ScoutDo Your Best &Be Prepared!Mottos to live by!
Ethical Codes of Conduct
De Dicto De ReThey function as expressions of shared ideals and identity
• As school systems, are we consistent and uniform in what we preach?
• As professionals, do we all practice what we preach?
It’s not going to be easy
“With great power comes great responsibility “ (Spiderman)
Are your prepared to make ethical judgments?
Many would say it isn’t an ethical debate if it isn’t complex!
If you want a place at the table you better be ready to play!
Avoiding Conflicts of Interest
Pay Raises or Perks
Bribes or Gifts
Discounts or Tickets
Promotions or Evaluations
Access to the boss; friendship
Avoiding Office Pressure Taking Sides in Conflicts Politics & Campaigns Scheduling the Boss Philanthropy requests Plagiarism & Cover UpsWithholding InformationNepotism & Favoritism Sexual Harassment
By taking an action will you be under someone’s thumb
or under their boot?
Tips for Approaching Ethics‐Testing Situations
Ethical challenges rarely occur without a sense of immediacy. By definition they are crises (but some can grow over time like a cancer!)
A crisis is a test Your response in a high profile incident or situation can be your finest hour or your worst nightmare
It becomes a teachable moment about the ethical character of you and your schools
The Chinese character for “crisis” is a blend of the characters Wei for Danger, and Ji for Crucial Point
Stay out of Ethical Debt
He started making questionable decisions to get off the war front by assuming a fallen comrade’s identity
Each lie got him into a deeper ethical hole
He also became accustomed to his “reframed perspective” on what was and what wasn’t real and ethical
Organizations and people often let things slide to a point that they lose traction and slip.
Getting into ethical debt can be a tough hole to climb out of
People will judge you on –
Quality of the process
Confidence in methods
Accuracy of fact base
Timeliness of actions
Faith in the deciders
Alternatives discussed
Fair and just
Clear standards
Precedence involved
Over‐riding impacts
Sense of resolution
Equitable outcome
Who is affected?Know who will be impacted by your ethical decision
An implied or expressed promise/contract you made? (Fidelity)
Making up for a wrong you committed? (Reparation)
Appreciating something someone did for you? (Gratitude)
Balancing merits of each “claimant” in the situation? (Justice)
Helping someone who needs and deserves help? (Beneficence)
Avoid harming anyone unnecessarily? (Non‐injury)
Finding the “golden mean”
What are the best‐ and worse‐case scenarios if you choose this alternative?
Will anyone be harmed if this alternative is chosen, and how will they be harmed?
Would honoring any ideal/value (personal, professional, religious, or other) invalidate the chosen alternative or call it into question?
Are there any rules or principles (legal, professional, organizational, or other) that automatically invalidate this alternative?
Deciding with Integrity
Would this decision be a rule or policy you would follow in similar situations in the future?
Does the alternative show a basic respect for the integrity and dignity of those affected by your actions? (Ethic of Care)
Have you or will you be using any person as a means to an end without consideration for his/her basic integrity?
Is the intent of this action free from vested interests or ulterior motives?
Does this action promote character development in yourself, and your profession, district and community? (Virtue Ethics)
Question #1: Are we unbiased?
How can we disengage our world, philosophical or religious views from our management decisions?
You have to in order to avoid pre‐judging situations, motives and facts
That doesn’t mean your personal values and beliefs aren’t very relevant to the decision, it means they cannot start out as the basic architecture of the decision
The Schadenfreude Trap This German term means:
“Taking pleasure in the suffering of another” Let the courts dole out the justice; just do you job well
Communicate morally and ethically, but not moralistically or judgmentally
People can regret a situation without admitting to what they’ve done
Indignation or revulsion over accusations can lead to a rush to judgment or to punish without due process
De‐Personalize the Situation
De‐Personalize your assessment This removes your natural bias that may cloud your judgment about how to respond
Good people can do bad things
Familiarity can lead to cutting them slack
Try to look at the situation objectively not subjectively at first
Your actions involve actual human beings that contribute to the overall reputation and effectiveness of your schools. Be charitable.
My teacher’s a porn star!Scenario (continued): Principal confronts the teacher and she admits she was a porn star for six months in 2005 before she went into teaching
Pornography isn’t illegal
Is it illegal for former porn stars to be teachers?
Do you have a ethical dilemma in keeping her on paid leave?
Question #2: Is it legal?
Having a legal loophole doesn’t mean it’s right to use it
The spirit of the law counts so going by the book might not be your ideal standard of ethical due diligence
You can get forgiveness in the court of public opinion, but maybe not in a court of law
Under your legal control?Laws you can’t change
Laws you can change
Ethical decision aren’t achieved simply by adhering to a bad policy or practice
My teacher’s a porn star!Scenario (continued): Principal keeps digging and finds out the teacher lied to him and appeared in 22 adults films over a five‐year period including some after she first started teaching
She was let go as a probationary teacher in two other districts because of rumors she was a porn star but when asked directly if that was a factor she lied to her current employer
How would you ethically handle demands that she be immediately fired?
Question #3: What do we know?
Be sure you have corroboration from at least two independent sources
Resist jumping to conclusions or presuming allegations are true
People can see a set of facts and come to differing ideas based on how they screen the facts through their own values and preconceptions (i.e.‐Trayvon Martin Shooting)
Don’t try to fill in gaps yourself – let testimony and data do that for you
Highest priority is to get as many facts straight as you can before even trying to form a meaningful
response
Disconnect Rumor from Fact Don’t let the group’s decisions get out in
front of a complete investigation
It’s hard to undo a public statement
Initial facts may be incomplete or even completely wrong. Avoid premature projection based on bad data
Did witnesses “see what they wanted to see?” Selective memory?
Check to make sure what someone tells you is based on their actual experience and not on what they heard
Letting a thorough investigation run its course is always
a good thing
Rumors = Mis‐Translation
LEVELED Details get stripped down Supporting data eliminated
SHARPENED Details are misconstrued out of context to fit a point of view or the current environment
ASSIMILATED So a misinterpretation that fits into preconceptions and expectations reinforced by faulty examples is spread
Practice Rumor Control Rumors win on quantity and speed
People like to gossip and convince themselves that spreading the news is a laudable thing
One person’s mis‐statement ignites a rumor as it gets re‐transmitted
False facts get compounded until they embed as “common knowledge”
Witness statements are “bundled” and give the false impression that each was a separate observation
ValidateInformationand Sources
A Decision Framework Laws broken or only policies? Was it intentional or accidental? Individuals only or group involvement? Personal lapse or procedural mistake? Obligation or supererogation? I did the limit of my duty vs. “above and beyond” Was it ethical to stop at my minimum obligation?
• Example: Coaches and administrators at Penn State
Approaching ethical decisions Utilitarian Approach which action results in the most good and least harm?
Rights‐Based Approach which action respects the rights of everyone involved?
Fairness or Justice Approach which action treats people fairly?
Common Good Approach which action contributes most to the quality of life of the people affected?
Virtue Approach which action embodies the character strengths you value?
Balancing the greater good A trolley breaks loose and is barreling
down on an intersection
Choose any set of potential victims The President or Pope
A play group of little kids
Your mother or grandmother
You are the conductor and can only turn one way to avoid hitting someone
What do you do? What is the ethical decision and why?
Maybe we need to do a good job so we avoid the Runaway Trolleys
altogether!
My teacher’s a porn star!Scenario (continued): Teacher hires Gloria Allred to represent her and she stages a high‐profile media assault on the district alleging morality police have ruined this young woman’s career because of a decision to pay for college by being a porn star
As an ethical advisor what land mines do we need to avoid?
Use Measured Communication
Don’t communicate to the few by communicating with the many
How much information is enough?
If they didn’t ask the right question are you obliged to give the answer anyway?
Does transparency mean you have to give everything out all at once?
In highly charged situations polarized
social media will make the problem worse
and increase pressure. Be your own ethical
wire service!
Be Pre‐emptive & Proactive Break your own bad news Frame the issues Create and stick to Talking Points Create and enforce Non‐Talking Points
Keep track of fast‐breaking developments
Get a sense for when you are out of the loop
It’s best to be the one who flips the switch to illuminate the issue
Pass the “smell test” If it smells they will pick up the scent eventually Internet bloodhounds and internal conspiracy theorists will stay on the trail
If your explanation isn’t straightforward and plausible then it probably isn’t believable to most people “It’s complicated” doesn’t always explain away a decision
Keep your ear to the ground, nose in the air and eye on the ball. If it feels suspicious then it
should raise your internal alarms
Trust your instincts Look in the mirror to see if your actions and decisions are a good reflection of/on you
Let your conscience be your guide, but it may try to trick you Watch for shifting situational ethics
Don’t get bullied or cowed
Group think can stampede the herd
It’s hard to disagree with friends
Revenge is a poor rationale for taking action
Seek out advisors who’ll tell you what you need to hear, not what you want
to hear
Cover ups don’t stay covered
It goes to your credibility and core values
It has lingering effects that last far longer
It raises concern about collateral issues
It damages reputations
A smoke screen will only delay the inevitable. Better to clear the air from the outset
Mind everyone’s business
“It’s not what I am inside …it’s what I do that defines me!”
(from the movie Batman Begins)
You are what you actually do, not what you say you do
Talk about ethics as a team before the crisis
Factor ethical considerations into decision‐making; be the ethical voice in the process
Model ethical behavior from the top‐down; lead by example
Communicate good choices
There may be no escaping from
having to choose between two bad
alternatives
Your job is to ask the right questions and question the right answers
Your reasons for doing something should be a reflection of defensible prioritizing of values
How you communicate that decision means everything
Does the sentence fit the crime?
Have you exercised ethical decision‐making and appropriate actions in reaching your conclusions on both?
Does the penalty meet an ethically defensible standard for satisfaction?
If it looks like these two aren’t in sync stakeholders will protest that you’re too harsh or too lenient
Conviction is the verdict or ruling you make.Sentence is the penalty you exact.
My teacher’s a porn star!Scenario (continued): The district investigation reveals she is guilty of three infractions
of standards for credentialed teachers in state codes: She lied to her employer about something that impacted her teaching ability/career
Courts ruled that judges, police and teachers are held as moral examplarsand their private conduct does impact their ability to maintain a position of authority and respect by the public
Her reputation will interfere with her ongoing capacity to do her job; it will be a permanent recurring distraction
Should the porn star teacher be fired immediately before her appeals process ends? Does her termination fit the crime?
Brace for reactionsUnintended consequencesDenialPush backRetaliationRe‐Direction making you the problemDisplacement to shift attention
Document decision‐makingKeep a diary Of your thoughts, facts, findings,
observations, conversations, contacts, and recollections
A written record is far superior to your faulty memory a year from now when you’re under oath
It also clarifies thinking because it helps you be precise and choose the right words
You can learn from it as you de‐brief
Write a letter explaining your action to your harshest critic. Can it stand up to the
ethical test?
When to blow the whistle
At a certain point you’ll have to decide: Can I
continue to be a party to this?
Be prepared to be punished for your honesty
Think ahead to set your limits so you’ll know when you reached them
Watch for ethical cancer signs Bunker Time & Private Meetings
Rolling Deadlines & Stalling
Failure to Launch Communication
Blindsides & Editing Text
Diagnosing our Porn Star IED
Making this a fight over morality as opposed to conduct
Letting personal views dictate public actions
Making too many decisions on too little information
Reacting to the media, pressure groups and high profile lawyers
Exacting revenge that did not respect her due process rights
Losing sight of the long‐term impact on schools and students
Making this a legalistic debate devoid of common sense
Not maintaining a consistent reasonable message throughout
Some final thoughts Having a well‐grounded sense of ethics isn’t intrinsic – it’s acquired through trial and error
Have WWJD moments when you read the newspaper (ie – John Edwards trial, BP oil spill, Penn State)
Use a lifeline – Phone a Friend
Try not to get caught off guard; watch your ethical weather vane
What are the key concepts you’ve carried
away?
For further informationTom DeLapp, PresidentCommunication Resources for Schools2351 Sunset Blvd, Suite 170, #504Rocklin, California 95765
Phone: (916) 315‐1409Cell & Text: (916) 765‐1759Email: [email protected]
Web Site: www.tomdelapp.comBlog: www.tomdelapp.blogspot.comFollow on Facebook, Linked In and Twitter @tomdelapp