APC. 5 Legal and ethical contexts in my digital practice
In my working world as a Resource Teacher Learning and
Behaviour ( RTLB) these are just some of the ethical dilemma’s I have been
faced with:
· - Demands from parents to see in class
observations that will prove the teacher is picking on their child
· - Requests from schools for copies of in class
observations to be used in competency hearings
· - A teacher hitting a child
A range of ethical dilemmas were part of the work of the
RTLB Association and these situations were part of the work done by the Ethics
Committee on the National Executive of the Association. Our role was to guide and
support the RTLB through an ethical decision making process. We were fortunate
to access a workshop by Alan Hall in 2004 in Rotorua and the fundamental
principles of ethical decision making have guided me through the years. I was
also privileged to attend the early Ethics workshops developed by the NZ
Teachers Council. Some of the take away gems for me were:
1.
An ethical decision is called for when an
ethical dilemma is identified.
2.
An ethical dilemma will most often be a question
of two competing rights or principles. A classic example is the dilemma around a child’s right
to attend school and a child’s right to be safe at school. A child hurting
other children has a right to attend school but the other children have a right
to be free from harm at school.
3.
Once you are aware of an ethical dilemma it is
not possible to do nothing.
4.
Recording each of your steps to understand and
work through the dilemma will provide a record of a considered decision making
process. Diary and record any conversations that you have in consultation with
others. This record provides legal confirmation of your considerations.
5.
People will disagree with your decision however
your evidence of this being a considered decision protects you in the event of
any legal action.
6.
Once something is said it cannot be unsaid. Once
something is seen it cannot be unseen. Once something is heard it cannot be
unheard.
In our digital world I would add that once something has
been downloaded the trace of it is there forever. I once borrowed a teachers
laptop when mine had crashed. I went to
google something and pornographic pictures came up of children. I closed the
lid of the laptop in a panic and forced myself to go very slowly as this was an
ethical dilemma with potential major consequences. I sought guidance from
another professional person outside of our work situation. He outlined the
legal issues and the possible steps that I could take. This was a personal
laptop and not a work one. However the images of young children exposed a
potential risk for the children in the teacher’s school. I had an obligation to
first see to the safety of the most vulnerable – in this instance the children,
while also protecting the career of a teacher who had kindly lent a laptop to a
colleague. I decided to return the laptop in the presence of a non education
third party. The teacher immediately
phoned a probation officer and asked me to stay while their boarder, the
probation officer and his wife went through the laptop and the located the
photo’s. The boarder confessed to downloading the photos and the probation
officer went up and helped the boarder to pack his gear as he had broken his
probation conditions and would be returning to prison. The teacher and his wife
were part of a programme hosting prisoners on probation returning to society.
In hindsight, I was so very glad that I had stepped
cautiously. I could have gone to the principal of the school and placed the
teacher’s career in jeopardy. In the
last few years I have found the Tikanga Maori Model by Hirini Moko Mead (2003)
to be very helpful in guiding me through some digital ethical dilemmas. One instance is in placing a video of a
special needs student having a dysregulated event of emotional distress. The
film was taken without permission of the family and placed on a teachers
professional portfolio website. The teacher was unaware that her portfolio was
public. The parent googled her child’s name and located the film and was
devastated at the invasion of privacy by a teacher. I was contacted by the
parent. The video was taken down and
apologies made. The student has since left the school as the trust relationship
between the school and the parent had broken down.
Analysing this incident through the Tikanga Māori Model in
test one there was a breach of Tapu. There was no gain or positive outcome for
the child in this breach. In test two the Mauri or essence of the child and the
family was compromised. The next test
was to consider Take – utu – ea that is
the issue, the cost and the resolution that needs to be undertaken in order to
restore relationships. Test 4 involves consideration of any precedents to help
determine appropriate action. The final test five includes the consideration of
Principles such as manaakitanga, whanaungatanga, mana and noa.
These tests have
links to the Beauchamp and Childress (2001) principles of autonomy,
beneficence, nonmaleficence and justice. Principlism is founded on fundamental
moral principles and DeMarco (2005) suggests a further
principle of mutuality be considered. This principle places an obligation on
people to consider the possibility of future ethical dilemma’s and act now
towards removing the basis of potential conflict. In the case of digital practice
this could mean training of teachers in privacy settings on social websites and
the use of professional blogs.
The NZ Teachers Council is working within this mutuality
principle with the establishment in early 2012 of the Social Media
Project. Ethical dilemmas have arisen
for teachers and there was an evident need to develop guidance “so that
teachers can embrace social media with confidence. “ (Education
Council, 2016) .
I recall words from a teacher in her 70th year when
I was a beginning teacher who told me to
imagine there was a camera in my classroom and any part of my day could end up
on National TV, change that to the internet and I believe that advice is just
as relevant today.
DeMarco, J. P. (2005). Principlism and moral dilemmas
: a new principle. 31. Retrieved June 22, 2016, from BMJ:
http://jme.bmj.com/content/31/2/101.full.pdf+html
Education Council. (2016, June 18). Education
Council and Social Media. Retrieved from Education Council Aotearoa:
http://teachersandsocialmedia.co.nz/about-teachers-council-and-social-media-project
Mead, H. (2016, June 22). Tikanaga Maori Model.
Retrieved from Rangahau: http://www.rangahau.co.nz/ethics/167/
Tom L. Beauchamp, J. F.Childress (2001). Principles
of Biomedical Ethics Fifth Edition. London: Oxford University Press.




