Ethical Dilemma Educ 2003

1. Ethical DilemmaEduc 2003 Brittney Cornelius Charolette Holloway Crystal Santos

2. Dilemma: E You suspect that one of your students is smoking at school based on the way her clothes smell when she is near. Can you open her locker to check for cigarettes without strict probable cause?

3. NO. -The Fourth Amendment prohibits unreasonable searches and seizures! -This is a right that is afforded to students in regards to school officials searching their property while on campus. -BUT! Officials DO NOT have to obtain a search warrant! -THEY ONLY HAVE TO HAVE PROBABLE CAUSE FOR THEIR SEARCH!

4. Standards In the C.O.E. • (G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws. • (C) Standard 3.3 The educator shall not intentionally, knowingly, or recklessly misrepresent facts regarding a student. • (E) Standard 3.5 The educator shall not intentionally, knowingly, or recklessly engage in physical mistreatment, neglect, or abuse of a student or minor. • (I) Standard 3.9 The educator shall refrain from inappropriate communication with a student or minor including , but not limited to electronic communication such as cell phone, text messaging, email, instant messaging, blogging or other social network communication.

5. Ethical Relevant Issues • Code of Ethics • Fourth Amendment Rights • Pro-Children Act of 1994 • School Rules and Regulations

6. Pro-Children Act of 1994 • The act proclaims that states could not permit smoking in any indoor facility, in some cases a portion of a facility, used routinely or regularly for the provision of children’s services to persons under the age of 18 if the services are funded by federal programs either directly or indirectly.

7. New Jersey v. T.L.O. The supreme court ruled in favor of the school. Students have "legitimate expectations of privacy," the court said, but that must be balanced with the school's responsibility for "maintaining an environment in which learning can take place. The initial search of Terry's purse for cigarettes was reasonable, the court said, based on the teacher's report that she'd been smoking in the bathroom. The discovery of rolling papers near the cigarettes in her purse created a reasonable suspicion that she possessed marijuana, the court said, which justified further exploration.

8. Involved Parties SRO Officer Principal Teacher Student Parent School Counselor

9. Additional Information • Have knowledge of the 4th amendment, the search and seizure laws. Laws are applicable within the school, but schools don’t need a search warrant to go through school locker. School staff has strong reasonable cause.

10. Possible Courses of Action • Action (A) • Take student to the principal’s office to conduct one-on-one questions to see how the student will respond to the questions. (Confession/denial) Give student opportunity to confess to smoking during school hours. • Action (B) • Take student to the principal’s office to have property (purse or school locker) searched for suspected “illegal items” because you have probable cause to do so.

11. Possible Consequences of Action A Action (A) • Short-term • student could possibly be innocent, educator could be reprimanded • On-going • educators reputation could possibly be tarnished among district or school • Long-term • tainted reputation among students and staff • Psychological costs • embarrassment, resentment • Social costs • embarrassment within school (colleagues and students) • Economic costs • possible meeting with school board and any fees that apply

12. Possible Consequences of Action B Action (B) • Short-term • Suspension either in school, or out. • On-going • Community Service • Long-term • Tainted reputation among students and staff • Psychological costs • embarrassment, resentment • Social costs • Loss of friends, gaining the wrong friends • Economic costs • Court Fees

13. Supreme Court Cases • New Jersey v. T.L.O. • The Supreme Court ruled in favor of the school. Students have “legitimate expectations of privacy,” the court said, but that must be balanced with the school’s responsibility for “maintaining an environment in which learning can take place.” The initial search of Terry’s purse for cigarettes was reasonable, the court said, based on the teacher’s report that she’d been smoking the bathroom. The discovery of rolling papers near the cigarettes in her purse created a reasonable suspicion that she possessed marijuana, the court said, which justified further exploration.

14. Take Action • Take the student to the principal’s office and work along with a higher authority. Allow the rules and regulations of the school to take its course.

15. Texas Code of Ethics Action • In no way has this decision exploited the student or publicly shed a negative light on the student or situation. The manner has been, and will be held privately and according to the rules set by the school and the code of ethics. • Refer back to slide 5

16. Commitment Statement • The course of action that has been taken was guided by rules and regulations set by the State of Texas, the School Board, and the Code of Ethics. As an educator, I intentionally set out to follow these rules with respect to the nature of the situation and all parties involved.

17. Negative Consequences Action (A) • Short-term • student could possibly be innocent, educator could be reprimanded • On-going • educators reputation could possibly be tarnished among district or school • Long-term • tainted reputation among students and staff • Psychological costs • embarrassment, resentment • Social costs • embarrassment within school (colleagues and students) • Economic costs • possible meeting with school board and any fees that apply

18. Plan of Correction • The Fourth Amendment • The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.