Ethical Conflicts in Student Leadership Through a Legal Lens

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Eric M. Feldman
College of Education (Leadership & Professional Studies)
Graduate Assistant, Global Learning Initiatives
Session Goals
Clarified Values
Effective Communication
 Understand the historical and legal
context of the rules and policies
surrounding student leadership.
 Have a heightened awareness of sensitive
issues that must be addressed in student
leadership.
 Be able to analyze ethical dilemmas
though thoughtful processes, rather than
snap judgments.
 Understand others’
perspectives/opinions.
 Be able to effectively communicate own
point of view to others.
Diversity Appreciation
Interpersonal Skills
Leadership Development
Duality of Ethical Conflict
What should
be allowed?
What should
be done?
Should a student organization host a
contest where participants portray
“ugly women,” including the use of
blackface?
 Iota Xi Chapter of Sigma Chi Fraternity vs. George
Mason University, 1991
 The dean of students agreed and imposed discipline
on the fraternity, preventing it from holding social and
sports activities for a two-year period.
 Ruling: The event was protected free speech
The college suffered no “material disruption”
Student Organizations > Freedom of Speech
Should a university remove content
from a bulletin board if a member of
the community complains that it is
offensive?
 Burnham v. Ianni, 1997
 The president ordered the removal of two faculty
photos, one containing a rifle and the other a sword,
because of a sexual harassment complaint.
 Ruling: The suppression of the photos was
unreasonable. The board was being used for
its intended purpose.
Administrative Authority > Freedom of Speech > Public Forum
Should a university provide a refund of
student fees to a student who does
not want his money going to student
organizations?
 Southworth v. University of Wisconsin, 2000
 Students sued because they felt the government was
compelling them to support speech with which they
may not agree, via the funding of political student
groups.
 Ruling: Upheld university’s right to facilitate
the exchange of ideas via student orgs, but with
viewpoint neutrality.
Student Organizations > Activity Fees > Freedom of Association
Should a religious student organization
exclude students who may not profess
the group’s beliefs?
 Christian Legal Society v. Walker, 2006
 University revoked recognition of group for refusing to
allow homosexual students on the executive board.
 Ruling: By forcing the group to accept homosexual
members, the university is infringing upon its
right to express its disapproval of homosexuality.
Student Organizations > Freedom of Association
Should a student newspaper publish
offensive remarks about university
administrators?
 Yeagle v. Collegiate Times, 1998
 Article listed an administrators title, underneath of a
block quote, as “Director of Butt Licking.”
 Ruling: Not libel, because it could not be
reasonably interpreted as factual as opposed to
satirical.
Student Organizations > Freedom of Press
Should a university dismiss a nursing
student due to obesity?
 Russell v. Salve Regina College, 1989
 Administrators found the student’s weight to be
unsatisfactory for a nursing student. Student agreed
to a contract to improve, attended Weight Watchers,
but did not lose weight and was asked to leave.
 Ruling: Dismissal constituted a violation of
the school’s contract with the student to educate.
Awarding of Degrees> Discrimination
In a group:
1. Review the details of each situation, from the provided
pages.
2. Individually, decide what you think is the “right” thing to do
in each situation.
3. Each member will make a case to their groupmates to accept
their point of view.
4. One member of the group will be responsible for presenting
the group’s viewpoint, as well as whether or not the
viewpoint was unanimous.
***15 minutes to work with your group
Revisit the Opinion Inventory you filled out at the beginning of
the session.
The same questions are printed on the back. Answer them again,
and see if your thoughts have changed.
Consider:
Did my opinions change due to the arguments of fellow students?
Did I change my opinions as I was forming my own arguments?
Did taking time to really think through the situation help me to form a
better opinion?
efeldman@fiu.edu
Office: GL 461 (MMC)
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