Assignment:
You can pick one and need 400 words
Case Study 1: Confidentiality Laws: To Protect or to Betray?
Danielle Schaeffer's drive to Shady Lane School was a long one, and she used that time to create a mental checklist of what she hoped to accomplish that day. As the school counselor, she worried about one student showing possible signs of drug use, one whose boyfriend punched her in the face this week, and another who would be returning to public school. Shady Lane was a private alternative high school with a vision for providing a therapeutic environment for students who have been removed from the public school setting. Serving approximately 30 students in such an intimate environment allowed Danielle to run group therapy sessions, individual therapy, and crisis intervention. Given the special population of the school, many of her students had disturbing life stories that led to their behavior problems. At times she felt that she could make a positive impact, other times she felt powerless in the face of such profound odds against her students.
On this particular day Danielle's chief concern was one student in particular, Tyrone. Teachers had been complaining about Tyrone's behavior more and more at each daily staff meeting; his recent vile use of language, bullying, wandering around the school, and inappropriate flirtation with girls had left teachers frustrated and upset. Principal Snyder's first question was always the same: "Whose caseload is he on?" Of the two counselors on staff, Tyrone's behavior was Danielle's task at hand.
The school year was just over halfway finished, and Danielle finally felt she was making deeper connections with the students. Trust is a difficult thing to gain from students who have been abused in so many ways and seldom praised. She outlined the confidentiality rights to the students often; according to the American Psychological Association, a psychologist's primary obligation is to maintain the privacy of the client unless there is imminent danger to the client or another individual. In many cases, however, her students had learned to be distrustful of adults. So Danielle felt she was finally getting her job done as students began to open up, and conversations started to begin with, "You're not going to tell the principal/my parents/anyone this, right?" Now she finally was able to reach students regarding their deeper problems and insecurities, and was even seeing a difference in their coping skills and behavior.
Tyrone was no exception; he had begun to open up to Danielle in the past about how his mother was in jail, his grandmother kicked him out, and how he felt bullied and alone at the group home he lived in. One day he broke down into tears saying, "I never trust my girlfriends, but it's really that I just need a mom." So when Tyrone's behavior went downhill and he wasn't confiding in Danielle, she had become worried that it was because what he was dealing with was too severe, or illegal, or that he was too ashamed to process his emotions.
Danielle decided to give it one more try and called Tyrone to her room. Tyrone began with his usual detachment and denial, but finally explained that he got a text from a girl who said that she was pregnant. Tyrone questioned whether she was really pregnant and if so, whether it was really his child. This girl had a history of lying and manipulation, so Tyler left her calls and texts unanswered but had been feeling guilty about this and apprehensive about the possibility that he was to be a father. Danielle breathed a sigh of relief; while the possibility of an unwanted pregnancy was not ideal, she could list a thousand more critical issues that would have demanded immediate intervention, so she talked him through it and he left looking more lighthearted than when he came in.
During the faculty meeting that afternoon Danielle was excited to report to the principal that Tyrone's issue was not a dire problem that required outside intervention, and that he may soon be back to normal. She was shocked, however, by Principal Snyder's response when she, as a counselor, declined to provide further details citing Tyrone's right to privacy. Mrs. Snyder, seeing this as a power struggle with a noncompliant employee, became visibly angry during the conversation.
"For safety reasons you are required to inform me of what's going on in my school! You better be careful keeping such information hidden. Don't get in trouble for these kids!" Mrs. Snyder exclaimed.
Danielle wondered what could be causing this sudden burst of emotion. Jealousy? Paranoia? Genuine concern? She began to have the sinking feeling that there was no easy way out of this. Telling the principal meant that she would take matters into her own hands and discuss the situation with Tyrone, and Danielle might lose the hard-won trust of not only Tyrone but also all of the students. Not telling the principal, however, considering the aggressive response of Mrs. Snyder could put her job on the line if she continued to withhold information.
As a teacher and a counselor, Danielle was accustomed to making sacrifices for her students; she had always prided herself on doing what was in the best interests of the student, even when administration stood in the way or it seemed an impossible task. Would Danielle be "doing her job" by supporting students or by complying with the principal? The right thing to do, in Danielle's mind, would be to maintain the privacy of her students. But was it worth the sacrifice?
Questions for Discussion
1. What rules and laws apply in this situation? In what ways are the laws clear and in what ways are they vague? Under the ethic of justice, would Mrs. Snyder be justified in terminating Danielle's employment? If so, for what reason? If not, what recourse would Danielle have?
2. Are at-risk teenagers a special group that should be advocated for? In what ways do they need specialized support? How does a counselor's role differ from that of a teacher?
3. What should a student expect in this situation according to the ethic of care?
4. What factors might be considered under the ethic of critique?
5. What responsibilities does Danielle have to the students? In what situations would it be in the students' best interest to break their trust?
6. Who should have the final say in how to determine the proper actions?
Case Study 2: All's Fair in Love and School
Dr. Meena Patel anxiously turned the key in the ignition of her car as she mentally arranged what she was going to say to her school board that evening. She had been principal at Crest Ridge High School for the past 10 years and, before that, had taught tenth-grade social studies for 12 years, specifically United States history, a subject near and dear to her heart. Dr. Patel enjoyed her administrative position immensely because she was able to make a real difference in the lives of students, parents, and faculty. Now, she was starting to have second thoughts.
Over the years, her high school, Crest Ridge, had struggled to meet academic standards and maintain a satisfactory level of educational excellence. The mission of Crest Ridge High School was to "provide students with an excellent education while helping each and every child realize his or her full potential to become a productive and responsible citizen and lifelong learner." The school, even though located in a small, rural community, had a diverse faculty and staff which paralleled the diversity that existed among the students. Dr. Patel had worked hard to increase the level of teacher quality in the school by reducing the high teacher turnover rate and attracting new high-quality faculty members who were passionate about teaching. As a result, student achievement had improved dramatically.
With both pride and a profound sense of sadness, Dr. Patel reflected back on one of her most impressive hires, now the center of the turmoil she must address that evening. Over the past five years since his hire, David Wilson had gained a reputation among the faculty as a dedicated and well-respected ninth-grade social studies teacher. Beloved by all his students, he was one of the most popular teachers at Crest Ridge. He was known as the teacher who not only challenged and pushed his students academically but also treated them with respect and kindness.
Mr. Wilson had been instrumental in making changes in the curriculum, spearheading the department committee, and taking on various leadership positions within the school. He designed, developed, and piloted an after-school "Literacy for All" program, for which he had recently gained substantial state funding, thus providing desperately needed resources for students in need of extra help with their academic studies. He had also started an intramural basketball program in an effort to provide students with a safe, non-academic activity they could enjoy after school.
As a teacher, Mr. Wilson was approachable-always willing to talk to and listen to his students. Despite his open-door policy with students, he liked to keep his own life private including his personal relationships. All the other teachers knew he was single and were constantly trying to "set him up" with one of their friends or relatives. He always declined, stating he believed that it was important to keep his professional life separate from his personal life. This only strengthened people's admiration of his dedication to his profession.
The problems began with a single incident several weeks earlier. As usual, Mr. Wilson was at work early and, that day, was getting ready for first period. As he was making a final check of any text messages or voicemails before complying with the mandatory "phones off while teaching" policy, he remembered that he had left copies of the social studies quiz he needed for his third period on the copying machine in the teachers' lounge. With a few minutes remaining before classes started, he rushed to get the copies as his first few students began trickling into class. In the teachers' lounge he realized that, in his haste, he had forgotten to turn off his phone. When he reached into his jacket pocket, he discovered that the phone was missing and realized that it must have dropped out of his pocket.
While Mr. Wilson was gone, one of his more outgoing students, Tyler, noticed a cell phone lying on the floor. He picked it up and flipped through it, both out of curiosity and also to determine the owner. Tyler got much more than he expected. Shocked, he discovered several highly compromising pictures of Mr. Wilson and another man kissing. In the most explicit picture they were on the beach, one sitting between the other's legs, leaning back and tilting his head up to kiss the other one. Both men had their shirts off so it appeared that they may have been completely nude. Tyler was stunned, not believing what he saw.
Shock turned to anger and images of betrayal as Tyler thought back to the times Mr. Wilson had volunteered to privately tutor him and his friends and all the time spent in the locker room under Mr. Wilson's supervision for the after-school basketball program. As more students entered the room, Tyler decided to share his discovery with his classmates. They began passing the cell phone around so that everyone could see the pictures.
As Mr. Wilson walked back to the classroom he noticed quite a bit of commotion the closer he got. The students started whispering when he walked in and, while it seemed odd, he dismissed it as normal teenage drama. He then noticed the furtive glances they were shooting at Tyler and two students who were gathered around his desk. Tyler quickly flipped the cell phone shut as Mr. Wilson approached: "What is going on here? You need to be in your seats so we can start class. Tyler, what is that in your hand?"
Tyler said that he had found this cell phone on the floor. "OK, well, you know cell phones are not allowed in class," David Wilson calmly replied, hiding his impatience well. "Please put it on my desk."
Then Tyler said: "I wanted to see who it belonged to, so I opened it up to see. Turns out it's yours, Mr. Wilson." At that moment, Mr. Wilson realized that not only was the phone his, but it was obvious by his students' faces that they had all seen the pictures in his phone. He felt violated, but knew that he had to address the issue immediately.
Deciding that it would be best to be direct and honest with his students, Mr. Wilson took the phone from Tyler and said calmly, "I understand that all of you must be curious about the pictures in my phone but certain items are private and I would like to keep it that way and not discuss my personal life." He put the phone in his desk drawer and then asked his students to return to their seats, take out their social studies books, and get ready for class to start. He really did not feel comfortable discussing his personal life with his students and hoped that his students would respect his right to privacy.
Despite his efforts to move on and put the incident behind him, the students in his class continued to carry on about the pictures on the cell phone and Mr. Wilson's sexual orientation. He had a difficult time keeping the students focused on social studies. Throughout the day, Mr. Wilson's students had become increasingly disruptive and frequently acted out. He finally gave up and called Dr. Patel to his classroom because he could no longer facilitate his lessons. The students had become either uneasy and distracted or angry and belligerent about the cell phone incident. He no longer had control and, as the weeks passed, the situation worsened.
Word of the incident spread quickly around the school and throughout the community. Dr. Patel started receiving phone calls from irate parents. Some reacted to the incident itself and a few went so far as to ask that their child be moved out of Mr. Wilson's class. The vast majority of complaints, however, came from parents who were truly concerned about their children's safety. Since the incident, Mr. Wilson had been unable to control discipline in his classes. Moreover, there were frequent disputes among the students in the class, with some who felt betrayed intimidating those who supported Mr. Wilson's need for privacy and his sexual orientation.
When she was called down to Mr. Wilson's room, Dr. Patel found a situation more serious than she could ever have imagined. She located a substitute teacher and asked Mr. Wilson to join her in her office. Mr. Wilson explained that he had wanted to keep his personal life private but since the students had seen the picture he had needed to address the issue. He then detailed what was said and the behavior he had had to deal with after he thought that he had taken care of the incident.
Dr. Patel believed that teachers have a right to privacy and should not be punished based on what they do in their personal lives, especially considering nothing illegal had occurred. She also knew that Mr. Wilson had a right not to be discriminated against based on his sexual orientation. Yet this incident had affected Mr. Wilson's teaching, and the lack of discipline in his classroom was starting to result in safety concerns. She was forced to admit to Mr. Wilson that she had no choice at that point but to put him on leave until the issue could be resolved. Now, with a sad heart, she dreaded the evening's board meeting.
Questions for Discussion
1. Did Dr. Patel make the right decision to put Mr. Wilson on leave? Based on the facts, do you think he had completely lost control or that the students were in danger?
2. As an educational leader, ensuring the safety of the students is important. At what point does a teacher lose his or her right to privacy when it comes to matters of safety?
3. Analyze this dilemma through the ethical lenses of justice, care, and critique. What decision would be in the best interests of the students?
4. What should be expected of Dr. Patel through the lens of the ethic of profession?
5. Discuss the conflicts between personal beliefs and professional ethics in this situation.