Law and Ethics

Ethical Dilemma

With the growing use of social media it now highlights a number of ethical issues that schools need to address. As a school we have recently dealt with an issue where a parent, who is a staff member, has publicly shared a number of photos of a class trip where her son was involved. This highlighted the issue of staff members sharing photos and comments of students on social media.

To deal with the issue that arose the ICT leader spoke with the staff member directly and talked about the the school policy of sharing photographs on the web. The dilemma shows the 'blurred' lines between what is deemed appropriate for individuals but not necessarily staff members. If the pictures had been shared, but if no staff members were 'friends' with the person sharing online the school would be unaware of any conflicts of interest. A question that arises is, should parents be allowed to take photos while on school trips? This would be something that would need to be discussed with the BOT and SMT, in conjunction with the parent community. Parents would need to be educated in the issues that arise from the use of social media and the effects it can have.

As a school we have documentation detailing which parents have given permission for the school to use unnamed pictures of their children on the school website or class blogs. There is no mention of the use of social media. From this experience it has shown the need to further address social media and how as a school we monitor usage. As a school we need to have a policy specifically focused on social media and how the school and families are represented on this. It was discussed with Senior Management and it is recognised the need to address expectations with the entire school staff. Each staff member has signed a netsafe agreement form and this document needs to be highlighted on a regular basis when using social media.  On a student level, we also need to address the use of social media as part of a specific cyber safety agreement.

Applied and Professional Ethics

The Code of Ethics for teachers set out by the Education Council provides guidance on how to act professionally and ethically within the work place. The Register Teachers Council states that all teachers will "establish and maintain effective professional relationships focused on the learning and well-being of ākonga” (Educational Council, n.d). Applied and professional ethics are influenced by personal morals, which are affected by personal experiences, beliefs and opinions. Therefore a clear understanding of the Code of Ethics can on occasions be blurred.

Collste (2012) suggests applied ethics is the based on reflecting on moral issues in range of social contexts while professional ethics are based on the practices of particular professions. Applied ethics grew and developed due to the demise of the church and the moral guidelines set out by the bible, it is based on theory and method. Professional ethics focus on the beliefs and morals established as part of a profession or organisation. Professional ethics create guidelines on the expectations and actions of the professional and act as a form of expected behaviours and create the culture of the workplace.

Applied and professional ethics both apply to the teaching profession.  Teachers are constantly making ethical judgments which are inline with societal expectations and the Code of Ethics and the Registered Teachers Criteria.

Collste (2012) states that the “new moral problems [are] facing society as a consequence of new technologies,” (p. 19). The issue of using digital technologies and new 

methodologies within the classroom poses a number of problems for the teaching profession. Moor (1985, cited in Collste, 2012) suggests that with the increase and speed of the introduction of technology within school that the profession is not prepared for the change and there is a lack of "moral and legal concepts and principles to address them". The development of technology is posing a huge ethical challenge for the teaching profession.

As a teacher there are now a number of ethical issues that arise from the increased usage and availability of new technologies. As a profession it is now integral that we further address the possible issues that arise from the growing trend of technology both inside and outside the classroom. It is important that the teaching community comes together to explore, reflect and establish guidelines that are responsive to the changing pedagogies. As Collste (2012, p.31) states "the good or virtuous professional is the one who has the capacity and the desire to live up to the standards to make the right decisions in problematic situations. This capacity is acquired through reflective practice". 

In conclusion, the teaching profession and Code of Ethics needs to be adaptive and responsive, while teachers need to continue to apply morals and make ethical decisions based on societal norms and beliefs.

References

Collste, G. (2012). Applied and Professional Ethics. Retrieved from: https://app.themindlab.com/media/7319/view   

http://www.educationcouncil.org.nz/content/registered-teacher-criteria-1#h3       

Code of Ethics

The Code of Ethics for Registered Teachers states that teachers are "are committed to the attainment of the highest standards of professional service in the promotion of learning by those they teach, mindful of the learner's ability, cultural background, gender, age or stage of development." New Zealand Teachers Council (2004).

Within the teaching profession teachers interactions are guided by four principles as well as honoring the Treaty of Waitangi.

• Autonomy - to treat people with rights that are to be honoured and defended,
• Justice - to share power and prevent the abuse of power,
• Responsible Care - to do good and minimise harm to others,
• Truth - to be honest with others and self.

                                            Retrieved from http://www.educationcouncil.org.nz/content/ethical-decisions

In your opinion are ethical codes of conduct reflective of societal norms or essential principles of humanity?

In short, yes. These four guided principles put forward by the Education Council link closely with being a responsible citizen and societal norms. It is my belief that everyone has a duty to be a responsible citizen, however not everyone takes this responsibility seriously, which can be observed by the high numbers of people serving time within the justice system. To be a good citizen there are a number of legal, moral and social obligations that need to be respected. The way in which you may comply and follow these obligations would be influenced by personal experiences and beliefs.  In society everyone has the right to 'autonomy' and that all members of society should respect each others personal rights and freedom of speech. 'Justice' links to this and ensures that no one person abuses power, the New Zealand Justice system and laws support fairness for all. Society expects people to do good and minimise harm to others and be truthful. As mentioned before, the level to which you respond to these societal norms will be affected by upbringing, personal experience and beliefs. I feel that by enforcing a code of ethics within the teaching profession that links closely to societal norms and the principles of humanity, there are clear guidelines and expectations that can be followed by all.

What are the advantages and disadvantages of having a code of ethics?

• Advantages

By engaging in and following the Code of Ethics all stakeholders have a shared understanding of what is expected and is appropriate within the teaching profession. The Code of Ethics not only guides teaching professionals but it also protects students if there is a failure in the system. The Code of Ethics promotes a positive culture within the workplace.

• Disadvantages

As with any code and wording it is possible for these to be interpreted in a variety of ways depending upon the situation or event. Those interpreting will be influenced by personal experiences, beliefs and understandings and it becomes difficult to ensure fairness when other factors are involved. For what some may see as a minor issue, how should these issues be resolved to ensure justice. Should an external party always be involved? By doing this are teachers then compromised if the findings show no ethical issue?. 
The other issue is how do you ensure all teachers are following the code of ethics. The expectation is that teachers will, but how can we be sure? There are numerous cases highlighted in the media where teachers have been seen to be professional and responsive to the code until an issue is highlighted. How can we confidently attest that all teachers follow the code?

In your own field to what degree are ethics concerned to protect individual rights and to what degree do they exist to minimise organisational risk? How is the balance between the two distributed?

There are four key stakeholders in dealing with ethical issues in the teaching profession and I believe that it is through reflective dialogue where the interest of the learner is the main concern of all four parties that it should be possible to deal with ethical dilemmas.
As the diagram below shows the four stakeholders are:

• Students
• Parents and family
• Society
• Teachers

                                                          Retrived from http://www.educationcouncil.org.nz/content/ethical-decisions

My personal opinion is that the Code of Ethics provides a fair balance between all parties involved. I believe that the Code of Ethics is there to protect the teacher as a professional and provide guidance as to how to act in the workplace, while also supporting students, whanau and the general public to ensure when an ethical problem arises there are clear guidelines to reflect upon. The Code of Ethics is there to protect both the individual and the organisation. As I have mentioned previously however, how the Code of Ethics is interpreted is reliant on the experiences, moral code and beliefs of each individual and can lead to grey areas and differences in opinion.

References

New Zealand Teachers Council, Code of Ethics for Registered Teachers (2004) retrieved from http://www.educationcouncil.org.nz/required/ethics/codeofethics.stm