Issues of Ethics, Behavior, Academic Freedom and Students' Rights – When to Call for a Consult

1. Issues of Ethics, Behavior, Academic Freedom and Students' Rights – When to Call for a Consult Facilitators: Beth Smith - Doctor Greg Granderson – Nurse

2. Questions that relate to issues of ethics, academic freedom and student rights, all point to the need for policies and processes by the Academic Senate.

3. Academic Senate Ethics Statement The Academic Senate for California Community Colleges revised it’s ethics statement in 2002. The Academic Senate adopted the AAUP statement because it was written from a positive perspective, and presented a code of moral values by which faculty could assess their professional conduct. The AAUP statement of ethics outlines five areas of faculty responsibility including: 1) to their disciplines; 2) to their students; 3) to their colleagues; 4) to their institutions; and 5) to their communities. The Academic Senate subsequently extended these principles to include seven additional areas of responsibility: 6) scholarly competence; 7) honest academic conduct; 8) cultural and gender sensitivity; 9) free pursuit of learning; 10) a trusting and sensitive learning environment; 11) academic standards; and 12) academic freedom.

4. American Association of University Professors The AAUP has always maintained that the privileges associated with faculty status demand a corresponding obligation to abide by professional and ethical standards. As early as 1916, just a year after its founding, the AAUP established a standing committee on university ethics and appointed the esteemed John Dewey as its first chair. Since then, except for a period from the early 1930s to the early 1950s, an Association committee dedicated to professional ethics and standards has continued to inform the higher education community about the principles of professional ethics and to encourage their observance.

5. AAUP--Statement on Professional Ethics One sentence in the Statement on Professional Ethics warrants special attention: "Professors accept their share of faculty responsibilities for the governance of their institutions." This critically important responsibility is too often dismissed as taking time away from important research or classroom duties. But if professors want to safeguard academic freedom and tenure and maintain faculty authority for setting academic standards, then they have an obligation to participate actively in shared governance. Service on a faculty senate or committee should never be dismissed as a waste of time; responsible professional service is crucial to the functioning of our institutions and to upholding the highest standards of our profession.

6. Statement on Professional Ethics 1. Professors, guided by a deep conviction of the worth and dignity of the advancement of knowledge, recognize the special responsibilities placed upon them. Their primary responsibility to their subject is to seek and to state the truth as they see it. To this end professors devote their energies to developing and improving their scholarly competence. They accept the obligation to exercise critical self-discipline and judgment in using, extending, and transmitting knowledge. They practice intellectual honesty. Although professors may follow subsidiary interests, these interests must never seriously hamper or compromise their freedom of inquiry.

7. Statement on Professional Ethics 2. As teachers, professors encourage the free pursuit of learning in their students. They hold before them the best scholarly and ethical standards of their discipline. Professors demonstrate respect for students as individuals and adhere to their proper roles as intellectual guides and counselors. Professors make every reasonable effort to foster honest academic conduct and to ensure that their evaluations of students reflect each student’s true merit. They respect the confidential nature of the relationship between professor and student. They avoid any exploitation, harassment, or discriminatory treatment of students. They acknowledge significant academic or scholarly assistance from them. They protect their academic freedom.

8. Statement on Professional Ethics 3. As colleagues, professors have obligations that derive from common membership in the community of scholars. Professors do not discriminate against or harass colleagues. They respect and defend the free inquiry of associates. In the exchange of criticism and ideas professors show due respect for the opinions of others. Professors acknowledge academic debt and strive to be objective in their professional judgment of colleagues. Professors accept their share of faculty responsibilities for the governance of their institution.

9. Statement on Professional Ethics 4. As members of an academic institution, professors seek above all to be effective teachers and scholars. Although professors observe the stated regulations of the institution, provided the regulations do not contravene academic freedom, they maintain their right to criticize and seek revision. Professors give due regard to their paramount responsibilities within their institution in determining the amount and character of work done outside it. When considering the interruption or termination of their service, professors recognize the effect of their decision upon the program of the institution and give due notice of their intentions.

10. Statement on Professional Ethics 5. As members of their community, professors have the rights and obligations of other citizens. Professors measure the urgency of these obligations in the light of their responsibilities to their subject, to their students, to their profession, and to their institution. When they speak or act as private persons, they avoid creating the impression of speaking or acting for their college or university. As citizens engaged in a profession that depends upon freedom for its health and integrity, professors have a particular obligation to promote conditions of free inquiry and to further public understanding of academic freedom. AAUP Policy Tenth Ed.2 10/26/06 1:32 PM Page 172

11. Sample StatementsCodes of Ethics and Standards for PracticeChapter 14 of the 2007 Trustee Handbook, published bythe Community College League of California. Community college boards of trustees have many choices when developing their codes of ethics or statement of standards for trustee behavior. The following sample statements of ethics and standards for good practice may be used to generate ideas and stimulate discussion. They are not intended to be all-inclusive and are not in priority order. Boards may use the samples in a variety of ways. They may select or adapt specific statements. They may choose one, none, or more than one from each area.

12. Ethical Values The ethical values described below are from the Josephson Institute, and are called the “Six Pillars of Character”The pillars are trustworthiness, respect, responsibility, fairness, caring and citizenship. Trustworthiness. When we are trustworthy, people believe in us. Being trustworthy requires honesty, integrity, reliability and loyalty. Being honest means we are sincere, truthful, straightforward, and avoid deception. It does not mean violating confidentiality, being uncivil, or making promises that one might not be able to keep. Integrity refers to “wholeness.” A person who has integrity is consistent in decision-making and behavior, and bases his or her behavior on a core set of ethics or values. Reliability means we keep our promises. If we commit to a task, we follow through. Ethical trustees spend the hours each week that are required to perform the job well. Loyalty means protecting and promoting the interests of people, a group or organization. As a trustee, the primary loyalty is to the college and the public good—loyalty to friends and single interest groups is subordinate. Respect. The second “pillar of character” is respect. It includes civility, courtesy, decency, autonomy, and tolerance. Civility and courtesy are particularly important when engaging in discussions with others with whom we disagree. Autonomy means that we do not try to live others’ lives for them. Tolerance means we accept others’ perspectives and judge others only on their core ethical values.

13. Ethical Values Caring. Caring means that we are genuinely concerned about the welfare of others. As public officials, we care about the common good and welfare of the community. Public education is a benevolent act and expresses caring for the public well being. Trustees are often asked to care about many different people–community members, students, faculty, and others. Benevolence as a trustee involves seeking the well being of the entire community. Challenges arise when decisions must be made for the benefit of the public welfare that may not meet the needs of specific groups. Caring trustees understand those challenges, and realized that their role requires focusing on the public good. Because we care about other people, we care about being ethical, about being respectful, responsible, and trustworthy. Being unethical is easier if we do not care about others. Citizenship. The final “pillar” is citizenship, which involves how we behave as part of a community. Ethical citizens obey laws, contribute to the community through service and leadership, and protect the environment. Citizenship is concerned with the future health and welfare of society. Trusteeship is an expression of civic leadership, and the ethics of trusteeship reflect good citizenship practices.

14. Ethical Values Responsibility. Responsibility means being willing to make decisions and choices and to be accountable for those. Responsible people do not shift the blame to others. Responsibility means doing the best one can, and being diligent, careful, prepared, and informed. It means persevering, following through, and finishing tasks that one has promised to do. Responsibility also involves self-restraint, prudence, and recognizing the importance to set a good example. Responsible trustees recognize that there are some limits on being able to say whatever one wants to, because people look to them as representatives of the college. Fairness. The fourth pillar, fairness, involves equality, impartiality, openness and using due process. People say that “life is unfair,” and it can be very difficult to define what’s fair in a way that all would agree. Exhibiting fairness involves using open and impartial processes for gathering and evaluating information, so that even those who disagree with a decision can understand how it was made. It means seeking equity and avoiding favoritism or prejudice.

15. The Faculty Code of Conduct as Approved by the Assembly of the Academic Senate – University of California Part I of this Code sets forth the responsibility of the University to maintain conditions and rights supportive of the faculty’s pursuit of the University’s central functions.

16. The Faculty Code of Conduct as Approved by the Assembly of the Academic Senate – University of California Part II of this Code elaborates standards of professional conduct, derived from general professional consensus about the existence of certain precepts as basic to acceptable faculty behavior. Conduct which departs from these precepts is viewed by faculty as unacceptable because it is inconsistent with the mission of the University. The articulation of types of unacceptable faculty conduct is appropriate both to verify that a consensus about minimally acceptable standards in fact does exist and to give fair notice to all that departures from these minimal standards may give rise to disciplinary proceedings. In Part II a clear distinction is made between statements of (1) ethical principles and (2) types of unacceptable behavior.

17. TEST FOR ETHICAL ISSUES 1. Be sure that all of the facts are known and true. 2. Is the issue legal? If the person's action is not legal, the test ends here. No one is authorized by anyone else to break the law. 3. If the action is legal, does the person's action violate college policy? If so, unless there are exceptions, the test should end there. 4. If the action is legal and does not violate college policy, does one of the Ethical Principles apply to the facts?

18. TEST FOR ETHICAL ISSUES 5. Determine which principle or principles apply and analyze what the appropriate response should be. 6. Further tests include: • If you do it, will you feel bad? • How would it look to other members of the college community or your family if they knew all of the facts? If it passes tests # 2 through 5, but you know that it is wrong, don't do it.

19. FACULTY AS PROFESSIONALS: RESPONSIBILITIES, STANDARDS AND ETHICS The Academic Senate for California Community Colleges Spring 2002 Statement on Professional Ethics AAUP Policy Tenth Ed. 2 (page 172) 10/26/06 Resources for Governing Board on Codes of Ethics Community College League of California 2017 O Street, Sacramento, CA 95814 Chapter 14 --- 2007

20. Scenario 1 Use of Information from “Rate My Professor” or “Pick a Prof” In tenure review, faculty evaluations, hiring committees, i.e.

21. Scenario 2 Faculty member accepts gifts from students

22. Scenario 3 Faculty member has his/her children enrolling in class

23. Scenario 4 Faculty member calls trustee claiming to represent the voice of the faculty

24. Scenario 5 Faculty member gives his/her final exam two weeks early

25. FACULTY AS PROFESSIONALS: RESPONSIBILITIES, STANDARDS AND ETHICS The Academic Senate for California Community Colleges Spring 2002 Statement on Professional Ethics AAUP Policy Tenth Ed. 2 (page 172) 10/26/06 Resources for Governing Board on Codes of Ethics Community College League of California 2017 O Street, Sacramento, CA 95814 Chapter 14 --- 2007