Running head: Law & Ethics Assignment II 1

Law & Ethics Assignment II

Alessandra Bernabei 30002035

Amanda Borrelli 10146789

Jane Wishart 30004735

Rachel Thompson 30000120

Sabrina Rizzutti 10174775

University of Calgary

EDUC 525

Holly Wong
Law & Ethics Assignment II 2

Ethical Dilemma

Mr. Clarke is a teacher in a secondary school who works with students from various

backgrounds. At the end of the year, graduating students can apply for a scholarship based on

academic merit and school involvement granted by teachers and administration. A student who

applied for the scholarship told Mr. Clarke that they had no way of paying for post-secondary

education other than hopefully winning this scholarship, therefore they would not ever attend

university otherwise. As head of the scholarship committee, Mr. Clarke found out that the winner

of the scholarship by a very slim margin was another student who comes from a very affluent

family, and the student who would be unable to attend university without the scholarship had

come in second. These two students have the same academic merit, yet the reason the affluent

student won was due to the fact that they had more involvement with after school activities. Mr.

Clarke knows that the student who is unable to pay for university cannot participate in after

school activities because they have younger siblings they need to take care of while their parents

work late hours to support their family. Mr. Clarke is also aware that the student who comes

from a financially stable family may attend a highly rated post secondary institution regardless of

the outcome of the scholarship because this student’s older siblings have graduated and gone on

to do the same. After considering all these factors, Mr. Clarke decided to swap the names of the

two students, so that the student with a lower socioeconomic status would win the scholarship,

and therefore receive a post-secondary education.

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Nine Step Framework

1. Compile information about the case to be clear about the factual information

The facts are that there is a student who cannot pay for post-secondary education without

the scholarship. It is also a fact that another student won the scholarship based on academic

merit, and school participation, whereas the student from a low income home did not meet the

necessary requirements due to extraneous circumstances. Mr. Clarke knowingly changed the

names based on who he thought merited the scholarship more may need more information. There

is additional information to be gained here on why Mr. Clarke felt changed the results based on

nothing except his personal feelings.

2. Consider the various participants means fully considering the interests of all the

participants and stakeholders

The school administration, two students, and their parents are all involved in this

dilemma. The school administration would likely see this to be unprofessional and irresponsible

of somebody apart of the teaching profession. This could cost Mr. Clarke his job with the school,

and deem him untrustworthy. The scholarship has set requirements that are expected to be

fulfilled. The students and parents involved trusted that the school’s decisions are professional

and honest at all times. The Alberta Teachers’ Association would also not approve of Mr.

Clarke’s actions as it contradicts many Codes of Conduct. The school administration and the

school board will be concerned with Mr. Clarke’s ability to make decisions professionally and

ethically going forward.

3. Identify and define the ethical problem to gain conceptual clarity

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The ethical problem in question is if Mr. Clarke should switch the name of the

scholarship winner. There are multiple principles at stake in this dilemma, including virtue and

deontological ethical principles. A virtuous person practices being honest, moral and trustworthy

(Donlevy 2019). Mr. Clarke’s decision may be reflective of his character and ability to make

honest decisions going forward. If administrators, parents, and students find out about Mr.

Clarke switching the names, his character could be deemed as untrustworthy. Deontological

theory involves moral rules, such as not lying (Donlevy, 2010). Mr. Clarke’s choice devalues the

success of the affluent student. Considering virtue, Mr. Clarke’s choice goes against his duty as a

teacher; he has now negatively affected his ability to maintain professionalism. In these two

differing schools of ethical thought, Mr. Clarke has acted unethically.

4. Identify some options beyond doing or not doing a particular action

Despite the inequities between the students’ lives, the student that comes from the more

affluent family won the scholarship, and that should not be tampered with. Mr. Clarke could help

the other student by pointing them in the way of some bursaries that take into account

socioeconomic status/income. This way, the student who had won the scholarship would fairly

receive it, and the other student could potentially have access to other scholarships and bursaries

that would help them attend a post secondary institution. The best option for Mr. Clarke would

be to admit to changing the name of the scholarship winner, and deal with the consequences of

his actions.

5. Do a theoretical analysis of your options - Schools of thought

Virtue ethics “means being able to choose amongst various possible decisions with a

broad understanding of the… decision to those affected” (Donlevy, 2019). In this dilemma, the

teacher is damaging his character and ability to make virtuous ethical decisions. The teacher is
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risking the authenticity of his character and ability to be an effective leader “from positions of

trust, founded in trustworthiness and integrity” (Walker & Donlevy, 2006, p. 235). Mr. Clarke’s

may now be deemed untrustworthy. It was the teachers responsibility to strictly consider

academics and extracurriculars when choosing a winner. Mr. Clarke has failed as a leader, as

Walker and Donlevy (2006) state that “leaders fail because they lack vision or virtue or both” (p.

235).

Deontological theory states that regardless of the consequence, one must always follow

moral rules; they are not to lie and not to cheat (Donlevy, 2010, p.18). In order to be ethical, a

decision must meet the Golden Rule. Since it would be impossible for Mr. Clarke to participate

in a post secondary scholarship bid, the Golden Rule principle will be supplemented with the

“Categorical Imperative principle… which states that when I make an ethical decision it must be

universally applicable to all persons including the decision maker” (Donlevy, 2010, p.18). Based

on Deontology, Mr. Clarke has not made an ethical choice because his action is technically

cheating and lying in favor of a student.

Utilitarian School of thought is based upon the idea that a “decisions should be judged to

be ethical if it is made with the intention to create the greatest good or happiness for the greatest

number of people” (Donlevy, 2019). Mr. Clarke considered that the affluent student would attend

a highly rated post secondary (as did their older siblings) while the other student would likely be

unable to without financial aid. In order to ensure the best outcome for the most people he

switched the names giving the scholarship to the student with lower socioeconomic status.

6. Consider your role as a teacher and considerations that relate specifically to teaching

Special circumstances are owed to the student with lower socioeconomic status because

he would have participated in extracurricular activities if he had the time. However, both
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students have an equal claim in one’s moral attention because it is the teacher's job to ensure

positive well-being of both students. The teacher is obligated to follow the moral dimensions of

the school, school board and ATA; all of which disapprove of his behavior and deem it as

unethical. As a teacher he has a responsibility to the teaching profession to act with integrity and

make ethical decisions, which he did not do in this situation.

7. Educate yourself as time permits

The ATA, school and school board do not agree with Mr. Clarke’s decision to swap the

names. All three governing bodies stress the idea that as a teacher you have the responsibility to

your profession and to your students to act in an unbiased manner. Students trusted teachers to

fairly assess applicants of the scholarship and by switching the names he let down the students

and showed a lack of integrity. If Mr. Clarke had discussed his concerns with administration it is

possible that accommodations could be made where other factors such as income were taken into

consideration during selecting scholarship winners.

8. Make the decision

Mr. Clarke’s decision in this scenario is unethical and he should not have switched the

names. One of the primary ethical dilemmas teachers must face is that of fairness and justice.

These qualities are essential for effective teaching, without them there would be indifference

towards fairness and equity; ultimately undermining the work of teachers. Mr. Clarke is held to a

high standard as “people expect teachers to do right rather than wrong, to promote good rather

than evil, and to act justly rather than unjustly” (Walker & Donlevy, 2006, p. 245). Mr. Clarke

should admit his wrongdoing so that the scholarship is awarded to the right person. Allowing the

other child to keep the scholarship undermines the efforts put forward by the affluent student as

well as the integrity of Mr. Clarke.

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9. Decide how to evaluate and follow up on your decision

To avoid a hostile confrontation between Mr. Clarke and the affected families it could be

requested that Mr. Clarke acknowledges his wrongdoings through a formal letter. This would

give Mr. Clarke an opportunity to explain his actions while asking forgiveness. If Mr. Clarke

agrees to write the letter, then school administration will read and approve it before it is sent out.

This letter will be the only means of communication between Mr. Clarke and the family; if he

does not agree to write the letter then he will not be allowed to contact the family. An unintended

consequences of this scenario is that the teacher may have permanently damaged his reputation

with students. As stated by Bullough (2011), it is imperative that teachers consider the potential

to do harm and to recognize the risks in any decision. In this case, losing the trust of students and

colleagues could be detrimental to Mr. Clarke's career. To avoid situations like this in the future,

teachers should be provided with a reflective committee where they can enhance their ethical

literacy. The committee should be composed of both teachers and administration, and should use

the opinions of all individuals involved to come to a sound and unanimous decision on

scholarship winners.

ATA Code of Professional Conduct

The ATA’s (2018) “Code of Professional Conduct” would argue that part of Mr. Clarke’s

duty includes that “ teachers does not engage in activities which adversely affect the quality of

the teacher’s professional service” (p.1). Mr. Clarke is breaking this code as his decision to

switch the name goes against the standard of professionalism he is held to as a teacher. The Code

states that teachers must “acts in a manner which maintains the honour and dignity of the

profession” (p. 1). Mr. Clarke is going against the honourableness of the profession, and the

characteristics of being a leader by switching the students names. It is also important to note that
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he had a “duty to protest through proper channels administrative policies and practices which the

teacher cannot in conscience accept...” (Alberta Teachers Association, 2018, p. 1). The teacher

should have confronted school administration based on their concerns. It is possible that

accommodations could be made, where additional scholarships were created that considered

income.
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References

Bullough Jr., Robert V. (2011). Ethical and moral matters in teaching and teacher education.

Teaching and Teacher Education, 27, 21-28. Retrieved from:

http://media.journals.elsevier.com/content/files/s0742051x10001587-04220948.pdf

Donlevy, J. K. (2019). [PowerPoint slides]. Retrieved from University of Calgary, D2L site

http://d2l.ucalgary.ca

Donlevy, J.K., Walker, K.W. (2010). Working through Ethics in Education: Two Plays and

Ethical Analysis. Sense Publications, Netherlands. Retrieved from

https://d2l.ucalgary.ca/d2l/le/content/277365/viewContent/3627228/View

The Alberta Teachers’ Association. (2018). Code of Professional Conduct. Retrieved from

https://www.teachers.ab.ca/SiteCollectionDocuments/ATA/Publications/Teachers-as-

Professionals/IM-4E%20Code%20of%20Professional%20Conduct.pdf

Walker K. W., & Donlevy, J. K. (2006). Beyond relativism to ethical decision-making. Journal

of School Leadership, 16(3), 216–239.

https://journals-sagepub-com.ezproxy.lib.ucalgary.ca/doi/pdf/10.1177/10526846060160

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