Ethical Decision Making Analysis
Duncan Bigg
Scenario
You are working in an English department at a secondary school. You have only been there for a few months. The team seems to get on well, however when you are alone with one of the team members she is very patronising and offensive to you. She is never like this in front of the others and you feel it is unfair as you have always tried to be professional and pleasant towards her. Her attitude gets much worse over the following weeks and months. You know, although you are unable to prove it, that she is spreading malicious rumours about you. You cannot approach your subject head as you know he thinks this person is a wonderful and committed teacher. Lessons you have prepared have disappeared from your desk, and you have missed team meetings because she ‘forgot’ to tell you about them. You are becoming more and more stressed and have started dreading going to work in the morning. Just as you think it couldn’t get any worse you learn that your bullying colleague is going to be promoted, which means that you’ll be reporting directly to her. What are you going to do?
Introduction
Ethical-decision making models provide a framework for working through ethical dilemmas and help us identify standards; determine how we should act; and what is acceptable behaviour. The teaching profession is bounded by ethics enshrined in Codes of Conduct and Standards of Practice. While they provide guidance with how to make a decision they may not always determine what decision to make. Situations and personal considerations such as; is this action congruent with our character? Often determine whether we take action in the first place, or which course of action we choose to follow. According to the Markkula Center for Applied Ethics (2009) “Simply stated, ethics refers to standards of behaviour that tell us how human beings ought to act in the many situations in which they find themselves-as friends, parents, children, citizens, businesspeople, teachers, professionals, and so on.” The challenge is to identify what ethical standard we base our decisions and how to apply them to given situations.
Methodology
Karen Allen, Associate professor at Oakland University’s Social Work Program 2012, posited that there are three conditions that must be present for a situation to be considered an ethical dilemma. The first condition occurs in situations when an individual must make a decision about which course of action is best. The second condition for ethical dilemma is that there must be different courses of action to choose from. Third, no matter what course of action is taken, some ethical principle is compromised. Kidder (1995) believed “that there are no right and wrong answers, just a balancing of ‘where’ the decision is made along the continuum in a particular circumstance with the information available to you at the time… Tough choices, typically, are those that pit one “right” value against another.” Often these are personal choices made in our daily life and don’t involve legal actions or Codes of Conduct. Kidder (1995) argues that ethical dilemmas are rooted in our core and universal set of values: Truth versus Loyalty; Individual versus Community; Short term versus Long term; and Justice versus Mercy.
James Rest (1994) developed a model of moral behaviour. He concluded that ethical action is the result of four psychological sub-processes: moral sensitivity (recognition); moral judgment; moral focus (motivation); and moral character. “Moral sensitivity (recognizing the presence of an ethical issue) is the first step in ethical decision making because we can’t solve a moral problem unless we first know that one exists. Once an ethical problem is identified, decision makers select a course of action from the options generated from moral sensitivity. They make judgments about what is the right or wrong thing to do in this situation. After concluding what course of action is best, decision makers must be focused (motivated to follow through) on their choices. Moral values often conflict with other significant values. Executing the plan of action takes character. This helps explain why there is only a moderate correlation between moral judgment and moral behaviour. Many times deciding does not lead to doing. There are many tests that can be applied to ethical decision making, which encourage thoughtful questioning. For Example, the test of public exposure, sniff it out test, tell-the- children test, the death- bed test. The St James Ethics Centre provide the following questioning framework to assist ethical decision-making. Summarised as follows:
(1) Would I be happy for this decision to be on the public record?
(2) Is there a universal rule that applies here? (Without considering the consequences, is there a rule that any reasonable person should apply to this situation? Such a rule must be internally coherent (no contradictions) and should be based on a recognition of the equal and fundamental dignity of all persons.).
(3) Will the proposed course of action would bring about a good result?
(4) What would happen if everybody did this? (Would you be happy if your proposed course of action became the rule for everyone?
(5) What will this proposed course of action do to my character or the character of my organisation? (Is the proposed course of action consistent with my values and principles?).
The Australian Public Service Commission has developed an ethical decision making model in the form of the acronym REFLECT (Australian Public Service Commission n.d.). This model is also used by the Queensland Department of Education, Training and Employment (Standard of Practice, 2013). This model was applied to the ethical dilemma in scenario Three. 1. Recognise a potential issue or problem and examine the situation 2. Find relevant information and gather evidence. 3. Liaise and consul 4. Evaluate the option 5. Come to a decision.
Application
The first step is to recognise a potential issue or problem and examine the situation (REFLECT model). The Scenario may be considered an ethical dilemma based on Karen Allen’s three conditions. The first condition occurs in situations when an individual must make a decision about which course of action is best. The male teacher in the case study has a choice between of whether to put up with the present situation or take some action to change the situation.
The second condition for ethical dilemma is that there must be different courses of action to choose from. The male teacher has a range of actions he can take: from individually approaching the teacher; discussing the issue with peers; reporting to a supervisor, Department head or Principal; reporting to Government Departments, Industry Associations and Unions; or taking legal action under the Fair Work Amendment Act 2013.
Third, no matter what course of action is taken, some ethical principle is compromised. Most decisions require a compromise between values as expressed by Kidder and others. Further information and evidence is required to make a balanced decision. The male teacher must consider the consequences of any action that he takes. An intuitive reading of Scenario Three indicates that this is an issue of Workplace bullying. Moral sensitivity is used to recognising the presence of an ethical dilemma Before deciding on what action to take, he will consider, the five main sources of ethical standards.
The Utilitarian Approach “emphasises that the ethical action is the one that provides the most good or does the least harm… or produces the greatest balance of good over harm.” (Markkula Center for Applied Ethics, 2014) In this Scenario it may be considered that the harm to the male teacher maybe outweighed by the good done by the female work colleague who is considered to be ‘wonderful’. If it is determined that this is a case of ‘Workplace bullying’ the harm extends past the individual and contributes to a negative workplace culture. Through his actions, a greater good maybe achieved through changes to the workplace culture of the school.
The Rights Approach suggests “that the ethical action is the one that best protects and respects the moral rights of those affected… On the basis of such dignity, they have a right to be treated as ends and not merely as means to other ends.” (Markkula Center for Applied Ethics 2014) The male teacher may consider that the actions of his female colleague infringes on his rights to be treated with dignity and respect and is more important than her reputation and the results she may achieve.
The Fairness or Justice Approach “contributes the idea that all equals should be treated equally… or if unequally then fairly based on some standard that is defensible.” (Markkula Center for Applied Ethics 2014) The male teacher maybe treated unequally or unfairly compared to his work colleagues. If he does not act, he may not be treated fairly by his female work colleague and not be provided with opportunities afforded to others.
The Common Good Approach “contributes to the notion that life in community is a good in itself and our actions should contribute to that life. This approach suggests that the interlocking relationships of society are the basis of ethical reasoning and that respect and compassion for all others… This approach also calls attention to the common conditions that are important to the welfare of everyone.” (Markkula Center for Applied Ethics 2014) The male teacher’s welfare is being jeopardised by workplace bullying by the female work colleague. This is expected to continue if the she becomes his supervisor.
The Virtue Approach “determines that ethical actions ought to be consistent with certain ideal virtues that provide for the full development of our humanity. These virtues are dispositions and habits that enable us to act according to the highest potential of our character. Virtue ethics asks of any action, “What kind of person will I become if I do this?” or “Is this action consistent with my acting at my best?”” (Markkula Center for Applied Ethics 2014). The male teacher needs to consider his own personal values and integrity. Does he have the courage to confront this situation or does he acquiesce to circumstances?
Kidder (1995) argues that ethical dilemmas are rooted in our core and universal set of values: Truth versus Loyalty; Individual versus Community; Short term versus Long term; and Justice versus Mercy. The male teacher must decide whether to ignore the situation based on loyalty to the present system or to speak out and tell his truth; even though this may negatively impact the female teacher and his own reputation. He must determine whether his individual rights are important enough to impact peers and the school community in general; and whether his action is to the benefit or detriment of others. He must also determine if this is a temporary or long-term situation. He must also determine if there are principles involved extend further than his individual circumstances. He may feel that it is not just or fair that anyone should be treated this way and that he should make a stand for the benefit of others. Maybe there are other factors impacting his feelings and he may alternatively feel happier working at a different school. After considering all the consequences of his actions he must select a course of action from the options generated from moral sensitivity.
These judgements are assisted by finding relevant information and gathering evidence. (REFLECT Model) While some workplace practices may seem unfair and they do not constitute bullying. These practices are legitimate if practiced reasonably. For Example: expressing differences of opinion; advice about work-related behaviour; warnings about unsatisfactory performance; work allocation, standards and deadlines. The male teacher must differentiate between reasonable workplace practices from bullying behaviour.
Education Queensland (2012) defines workplace bullying as; “The repeated less favourable treatment of a person by another or others in the workplace, which may be considered unreasonable and inappropriate workplace practice. Workplace bullying is behaviour that intimidates, offends, degrades or humiliates. This can range from loud aggressive behaviour to subtle intimidation. It is not just a difference of opinion or general conflict in working relations.”
Using the Australian Human Rights Commission framework (2011), the behaviours demonstrated by the female team member can be considered as workplace bullying.
• Repeated patronising intimidation (making you feel less important and undervalued).
• Offensive behaviours (repeated hurtful remarks or attacks, or making fun of your work or you as a person).
• Potentially spreading malicious rumours (playing mind games, ganging up on you, or other types of psychological harassment).
• Lessons you have prepared have disappeared from your desk (deliberately holding back information you need for getting your work done properly)
. • Missing team meetings because she ‘forgot’ to tell you about them. (Excluding you or stopping you from working with people or taking part in activities that relates to your work).
Workplace bullying can be found in any position in the school. In this scenario, the male teacher is being covertly bullied by a peer who will soon be in formal position of power. He is becoming more stressed and is dreading going to work in the morning. The bullying is affecting the teacher’s psychological wellbeing. This impacts his ability to work and his relationships with colleagues and students. The consequences of bullying stretch beyond the individual, to peers and the overall culture of the school.
Australian Institute for Teaching and School leadership (AITSL) developed the Australian Professional Standards for Teachers, this was adopted by the Queensland College of Teachers (QCT). Australian Professional Standards for Teachers make explicit the requirement for high quality teaching.
Standard 7- “Engage professionally with colleagues, parents/carers and the community” applies to this situation. Engage professionally with colleagues, parent/carers and the community
7.1 Meet professional ethics and responsibilities Graduate Proficient Highly Accomplished Lead Understand and apply the key principles described in codes of ethics and conduct for the teaching profession. • Meet codes of ethics and conduct established by regulatory authorities, systems and schools. • Maintain high ethical standards and support colleagues to interpret codes of ethics and exercise sound judgement in all school and community contexts. • Model exemplary ethical behaviour and exercise informed judgements in all professional dealings with students, colleagues and the community.
7.2 Comply with legislative, administrative and organisational requirements Graduate Proficient Highly Accomplished Lead Understand the relevant legislative, administrative and organisational policies and processes required for teachers according to school stage. • Understand the implications of and comply with relevant legislative, administrative, organisational and professional requirements, policies and processes. • Support colleagues to review and interpret legislative, administrative, and organisational requirements, policies and processes. • Initiate, develop and implement relevant policies and processes to support colleagues’ compliance with and understanding of existing and new legislative, administrative, organisational and professional responsibilities.
Both the Code of Conduct for the Queensland Public Service and the Standard of Practice draw their legislative authority from the Public Sector Ethics Act 1994. Both the Code of Conduct and Standard of Practice, apply strictly to employees whilst they are carrying out work related duties or attending work activities. The Queensland Government Department of Education, Training and Employment Standard of Practice April 2013 is aligned to the Queensland Public Service Code of Conduct and assists employees in support ethical behaviour and expectations. The Codes of Conduct and Standards of Practice do not detail courses of action for every likely work-related situation, they provide guidance and assistance when making ethical decisions during the course of employment. The male teacher has legal right to work in an environment free from bullying, harassment, discrimination and violence.
The school have a legal obligation to provide a safe environment for its employees. The Fair Work Amendment Act 2013 defines workplace bullying as “repeated unreasonable behaviour by an individual towards a worker which creates a risk to health and safety.” Employers have a legal responsibility under Occupational Health and Safety and anti-discrimination law to provide a safe workplace.
Employers also have a duty of care for employee’s health and well being whilst at work. An employer that allows bullying to occur in the workplace is not meeting their responsibility. When an individual become a member of a profession, he or she is agreeing to comply with the standards of the profession: including legal obligations; values; Code of Ethics, and Standards of Practice. The male teacher; his peers and supervisors; and the female work colleague are equally bound by these obligations, and have the same rights and responsibilities.
Informed by finding the relevant information it is recommended that the male teacher confidentially consult outside of the school environment when coming to a decision. (REFLECT model). All decisions, benefit from the questioning of assumptions. Other teachers, mentors, peers and friends may provide an objective viewpoint. The Queensland Teachers Union of Employees can provide confidential advice before any decision is taken.
Through critical analysis of the scenario, viewed through an ethical decision frame-work and the REFLECT decision making process, it can be concluded that the male teacher has a philosophical, legal, ethical and moral right to confront the present situation. “After concluding what course of action is best, decision makers must be focused (motivated to follow through) on their choices. “Moral values often conflict with other significant values. Executing the plan of action takes character. This helps explain why there is only a moderate correlation between moral judgment and moral behaviour.
Many times deciding does not lead to doing.” (Rest, 1999) While ethics provides moral principles that tell us what to do and Standards of Practice tell us how we should behave, what he chooses to do will depend on his own integrity, determined by his own inner values, moral judgements, and personal ethical framework. Although it may be difficult, it would be hypocritical for him not to be true to himself, and act professionally and respectfully to all parties concerned.
“The moral life, then, is not simply a matter of following moral rules and of learning to apply them to specific situations. The moral life is also a matter of trying to determine the kind of people we should be and of attending to the development of character within our communities and ourselves.” (Markkula Center for Applied Ethics, 1998)
The male teacher should try to minimise conflict and stress. Firstly he should informally approach a trusted peer in the English Department and ask for advice. Often bullying behaviour is repeated and known to others. There may be other cases of the female colleague bullying other teachers that have not been reported. The male teacher may then approach a direct supervisor or Head of Department (HOD) even if they think the female colleague is wonderful. The supervisor or HOD are also bound by Queensland Public Service Code of Conduct and Standard of Practice and have an added responsibility related to their positions. The issue should be treated professionally with due consideration to the sensitivity of situation. The reaction of the supervisor/HOD will determine if a more formal approach is required.
Hopefully the school will have a systematic process and a supportive culture that will help resolve the issue. Riley, Duncan & Edwards Workplace Bullies Research, May 2012 state that:
“The elements which give rise to the bullying of staff within schools are structurally embedded within the school workplace and when these factors are neither recognised nor addressed they give rise to a culture of bullying within the school – such a culture subsequently becomes the default culture within the school.” (Riley, Duncan & Edwards Workplace Bullies Research, May 2012) If the issue is not satisfactorily resolved, the male teacher may determine that the culture of the school is not aligned with best workplace practice and take further formal or legal action through Government Departments, Industry Associations and Unions. Alternatively he may determine that it would be better to resign than work for a School that does not align with his values and expectations.
Conclusion
Considering the evidence and applying St James Ethics Centre questioning framework to this situation I would be happy for this decision to be on the public record. I consider that this action may be applied by a reasonable person, internally coherent, and is based on a recognition of the equal and fundamental dignity of all persons. I believe that the proposed course of action would bring about a good result and if everyone acted in such circumstances as it would encourage a positive workplace environment. The course of action is congruent with my values and principles, and it is grounded in the ethical standards determined by the Australian Professional Standards for Teachers; Code of Conduct and Standards of Practice as determined by the Queensland Pubic Service and the Department of Education, Training and Employment.
References
Allen, K (2012). What is an Ethical Dilemma? Retrieved from http://www.socialworker.com/feature-articles/ethics-articles/What_Is_an_Ethical_Dilemma%3F/ Rest, J.R., Narvaez, D., Bebeau, M. & Thoma, S. (1999). Post conventional Moral Thinking: A Neo-Kohlbergian Approach. Retrieved from http://www.uk.sagepub.com/upm-data/39590_Chapter7.pdf Kidder R.M. (1995) How Good People Make Tough Choices: Resolving the Dilemmas of Ethical Living. Retrieved from http://www.uk.sagepub.com/upm-data/39590_Chapter7.pdf Markkula Center for Applied Ethics. (2009) A Framework for Thinking Ethically Retrieved from http://www.scu.edu/ethics/practicing/decision/framework.html Australian Public Service Commission. (n.d.) A Guide to Ethical Decision Making. Retrieved from http://education.qld.gov.au/corporate/codeofconduct/pdfs/guideedm.pdf St James Ethics Centre. (2014) What is Ethics? Retrieved from http://www.ethics.org.au/about/what-is-ethics Markkula Center for Applied Ethics. (1998) Ethics and Virtue. Retrieved from http://www.scu.edu/ethics/practicing/decision/ethicsandvirtue.html Education Queensland (2012). Standard of Practice. Retrieved from http://education.qld.gov.au/corporate/codeofconduct/pdfs/det-code-of-conduct-standard-of-practice.pdf Australian Human Rights Commission. (2011) What is bullying? : Violence, Harassment and Bullying (Fact sheet) Retrieved from http://www.humanrights.gov.au/what-bullying-violence-harassment-and-bullying-fact-sheet WorkCover Queensland (2014) Signs of workplace bullying. Retrieved from https://www.worksafe.qld.gov.au/injury-prevention-safety/workplace-hazards/workplace-harassment-and-bullying Australian Professional Standards for Teachers. Retrieved from http://www.aitsl.edu.au/australian-professional-standards-for-teachers/standards/list Queensland Public Service (2011) Code of Conduct for the Queensland Public Service Retrieved from http://www.premiers.qld.gov.au/publications/categories/policies-and-codes/code-of-conduct.aspx
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