Student Conduct Issues: Action Guidelines and Resource Flowchart for the Graduate Instructor by Chelsie GawneMark and Ethan Miller1 Introduction In spite of conscientious preparation and the best intentions the fact remains that bad situations can and will happen to good teachers. In the course of your career as a Graduate Instructor, you will encounter students who struggle to conduct themselves appropriately in your class, during conference, or in their communications. Problems can range from the mundane (popping chewing gum, interrupting colleagues or pencil tapping) to the dramatic (shouting, threatening or stalking). The causes for student conduct issues are as various as students themselves. College is a time or transition and a nexus of contact. Young people may be confronted for the first time with the norms and expectations of the adult world. Adult learners must accommodate a system oriented towards students in their teens and twenties. For some students, the college environment may seem wide and daunting. For others, it may be constricting or isolating. Students may find an outlet for their frustrations in your classroom, your office or your e-mail inbox. Resolving these situations can be more difficult for Graduate Instructors than other faculty members. Graduate instructors find themselves in a unique limbo: they lack the status and deference that faculty are typically granted, but are but are encumbered with the same professional obligations for course development and delivery. When student conduct issues arise, this reality can complicate problem solving. This document will equip you with insights and strategies to manage student conduct issue, minimizing their impact on your classroom and your life. When you are stressed and confused it is helpful to have all the resources in one place and this is it. Syllabus Design In many articles and resources on classroom conduct, there is quiet presumption that classroom conduct issues arise as a consequence of improper course or syllabus design. You may even encounter this assumption when talking to your colleagues, mentors or university staff. This is simply not true. Even instructors with the most thoughtfully designed syllabi and careful teaching strategies encounter conduct issues. Nevertheless, effective syllabus design is a crucial tool for managing student conduct. Stating course objectives and linking these clearly in the syllabus to teaching strategies, to course assignments and exams, to grading practices and policies, as well as to homework and in-class assignment will help students see how you have designed your 1 This document may be printed, copied and distributed as part of individual professional development consultations, as well as classrooms, professional development and educational workshops focused on teaching and learning in higher education. All rights remain with the writer of the essay. GawneMark and Miller, page 1 course. From this base, your syllabus can then include information about your guidelines regarding classroom conduct, communication, and other ground rules. Do not assume that your students, especially beginning students, will read your syllabus carefully without prompting – or that they’ll absorb the details, much less the big picture, if you “go over” the syllabus fully during an early class session. Choose a syllabus review strategy that will engage students in active reading and analysis of this document. As a first or second day activity this will model the active, engaged learning you expect of students – a process that will maximize student retention regarding syllabus key points. For example, do not have each student read a paragraph aloud – but, rather, have students work in small groups to come to consensus about the two most important points in the document, or on a particular page, or in a section you’ve assigned the group; from this, have the entire class agree to the Top 10 things they most need to know/absorb/understand about how you grade, or how discussions will work, or how to meet goals and expectations for success. You might also develop a jigsaw reading assignment for students to complete for Day 2 of the class – and follow up with a group or individual or consensus-based quiz, with prizes like highlighters, post-it notes, the extra copy you have of the textbook. (TO find out more about jigsaw reading assignments, make use of this search string on your favorite web search engine: +site:edu +"jigsaw reading".) The syllabus can be a great text from which to model how you want students to be active readers, to be central to course discussions, to make wise use of resources and to do so with integrity. It may be helpful to consult previous syllabi for the class you are teaching. Your department may have them on file. However, be careful when modeling your syllabus on one used by a previous instructor. This is an ideal time to set up a one-on-one consultation with the teaching experts in The Center for Teaching and Learning or Preparing Future Faculty. Make sure the tone and style of your syllabus match the environment you want to create in the classroom and your personality as an instructor. Remember, perceived dissonance between expectations and experiences can create a flashpoint for student conduct issues. There is a common syllogism in University culture: “A syllabus is a contract with your class.” Though this is true to a point, be mindful of the impact of syllabus design on your learning environment. San Francisco State University has an excellent syllabus design website at http://oct.sfsu.edu/design/syllabus/index.html that breaks planning into three divisions: syllabus as a road map, as an organizational tool, and as a contract. In short, the syllabus as a road map provides students with the answers to real life connection questions such as “Where am I going?” and “What are the resources I need along the way?” Syllabus as an organizational tool stresses learning with information that helps students succeed like “what will I learn and when?” and “what are our goals?” Finally, syllabus as a contact stressed the partnership between the instructor and the student as necessary in creating a successful learning environment because expectations and evaluations are clear. It is not possible to develop rules for every conceivable student conduct situation. However, not all students bring success skills to the classroom. It may be effective to outline general principles and provide GawneMark and Miller, page 2 specific examples. Learning to generalize is an essential dimension of college education. Class Preparation There are resources available to help you plan and execute an effective course. Graduate student orientation, Preparing Future Faculty, departmental Teaching Practicums, formal and informal Teaching Mentorship, etc. are all professional development routes that will help you to prepare for your class. This document is the “what if” document – the one you might draw on in planning but also as a course is unfolding. What if a student plagiarizes? What if a student dislikes their grade? What if a student is sexually harassing me? What if a student is harassing another student? These are classroom events and assignment infractions that fall under the heading of the Student Conduct Code. Student Conduct Incident Procedure Identify what kind of problem (academic, mental health, disruptive) you or the student is having. This prompt you to determine a path you will follow to effectively manage the student, the problem, and your composure. A first understanding: address the small problems when you first see them; this often serves to prevent bigger problems from emerging and taking hold in your classroom. Academic problems concern plagiarism, missing class, grading conflicts, instructional complaints, development of study skills, and the alike. Disruptive problems concern gum chewing, talking excessively, manipulating all your time (in class or via email or office hours), pencil tapping, body odor, sleeping, timedemanding, interrupt or dominate the discussion or those who don’t speak at all, and the alike. Troubling problems concern confusion, sadness, anxiety, irritable, lacks motivation and/or concentration, bizarre behavior or a change in the student’s normal behavior or patterns, such as missing class or talking about suicide. Disturbing problems concern violent or physically threatening or destructive behaviors, sexual harassment, verbally aggressive or threatening, stalking (via email, mail, in person, etc.), etc. to you or other students. For a visual summary of resources and tips of teachers related to student conduct, see “Appendix A: A Flowchart of Action for Student Conduct Situations at the University of Minnesota.” The chart sets out a who, what, when, where, why for teachers looking to address student conduct concerns and issues with UM/TC professionals. GawneMark and Miller, page 3 Read on for a discussion of common elements advocated by instructors and student service staff members who work with student conduct resolution programs and processes. Consulting Others and Tips for Talking It Through Often times, when seeking to resolve a student conduct situation, small or large, you may need to work with others. Here are several strategies that can make these conversations more effective. 1. First , Develop a Plan Whether you are consulting colleagues, mentors, supervisors or a university administrator make a plan first. a) Write down everything you know about the situation. Stick to the facts. Avoid making inferences or judgments. Be aware of your prejudices. b) Think about your desired outcome. Write down several potential outcomes in detail and choose the best one. Think carefully about implications for the student, for your class, and for your career. Remember this document and your rights. c) Make a list of “pros” and “cons” for your desired outcome. This will help you convince others and anticipate problems. d) Develop a sequential plan, one that connects the ground situation to your desired outcome. Developing a plan first has several concrete benefits. First, it creates the perception of professionalism. People will take you and your situation more seriously if you come prepared. Second, it will help you control and focus the conversation. Sometimes when presenting a problem to others, they get carried way with theoretical considerations or anecdotes from their own experience. While this kind of conversation may be helpful, without a plan, you may walk out of a meeting more confused then when you walked in. Third, having a plan prevents a “no decision” decision. Oftentimes, supervisors and administrators may hope a problem will simply go away. Presenting them with a plan prevents this stance. Generally, they are not choosing this course of action out of malice or laziness, but rather a desire to avoid “becoming involved.” Perhaps they are not good administrators. Remember that your boss is a person too and is able to make mistakes. 2. Keep Your Cool People will say anything. Many colleagues, faculty and administrators will respond earnestly and sympathetically to your situation. However, some may respond by infantilizing or marginalizing you. “Considering it’s early in your career…,” “I can see how as a woman…” or “You know, we are all always racists…” In these circumstances, keep your cool. Oftentimes, people are not conscious of the vulnerability you feel or the GawneMark and Miller, page 4 impact of their assumptions. Correct them politely and move on. If the problem is habitual, seek an administrative remedy. 3. Take Good Notes As a graduate student, you may be a natural note taker. If a meeting or conference seems significant or will lead to a decision, offer to take notes. Even if someone else is taking notes, it may make you be a good practice to have your own records. This is your prerogative. Remember, documentation does not end with students. Keep a record of who and when you meet with others about student conduct, noting what is said and any agreements made. In a best-case scenario, you’ll have notes to consult if a situation arises again, or from to offer insights as others bring you into their problem-solving processes. In a worst case scenario (you’re accused of lying or asked to do something illegal or immoral), you will have the documentation you need to support next steps and review your decision-making processes. 4. Remember Where Your Advice is Coming From It’s important to keep in mind where your advice is coming from. Most people will listen genuinely and offer the best suggestions they can. However, a solution that might work for someone else may not work for you. Think about your personality, comfort level with confrontation, classroom dynamic, and course material. If you’re not comfortable with an approach suggested by someone else, don’t use it; it won’t work for you. Don’t be afraid to stand up for what you believe in, especially in terms of what is illegal or immoral. The University is like any other professional environment. Many people have agendas; many people are trying to impress their supervisor or their colleagues. If we care about our work, we try to create the impression we are doing a good job. Be realistic about people’s motives. Sometimes, supervisors and administrators would like to see a situation handled at the lowest level. They would like to avoid the problem “escalating” or becoming “high visibility.” Incorporating and understanding others’ motives impact your response is crucial to selecting the best course of action for the student, for you and for your classroom. Your situation may come up at a faculty meeting or become fodder for office gossip. In small departments, your students may even hear about it. Many people may approach you with advice or sympathy, others will want to disassociate themselves with you, others will want to gossip. If confidentiality is important to you, ask for it explicitly. Stick to your plan and in the end it will work out. 5. How You Handle This Situation Will Affect Your Career How you handle this situation will affect you career. How supervisors and administrators handle a situation that escalates will affect their careers. The same supervisors and administrators who are responsible for helping you in student conduct situations may also be responsible for making teaching and fellowship assignments or GawneMark and Miller, page 5 writing recommendations or grading you. Professionally problem-solving student conduct matters well may win their regard and open up opportunities for you. Handling a situation poorly may land your name at the bottom of the list. For this reason, it is paramount to create an impression of professionalism, cooperativeness and diplomacy – something you might consider planning out with a teaching consultant. Put your career first. 6. Do Not Be Bullied or Intimidated Do not let your intentions to maintain professional relationships compromise you. Therefore, do not be intimidated into taking actions you believe are illegal or know are wrong. For instance, if you were directed not to call on a minority student in class in order or to remove readings by a gay or lesbian author in order to prevent “inciting” a bigot’s future actions in class, you would not have to follow this advice. There are resources to help you. If you feel you are being morally or legally compromised, contact Student Judicial Affairs or the Office of Human Resources. 7. Bring a Friend Consider bringing a third party – a trusted mentor, experience colleague or teachingsavvy advisor with you. You do not have to be alone. 8. Manage (Potential) Side Effects It’s not unusual for “grapevine” conversations to emerge when teachers experience and deal with dramatic student conduct/classroom situations. Consider turning the basic information of your “teaching problem” into a case study to share with colleagues so their might participate in problem-solving and professional development. It’s not unusual either to be uneasy knowing that others are talking about “the situation” – others who might also be writing your letters of recommendation or making decisions about funding and allocation of departmental perks and awards. Be sure to invite those who are writing your letters of recommendation to visit your classes after you’ve resolved a student conflict – if not that semester, then a next time you teach. Let those trusted letter writers and advisors see how you’ve grown as a teacher. Consider writing a scholarship of teaching and learning document that addresses what you’ve learned and share this will mentors, advisors and supervisors who can support you in your professional development – and be guided by that growth in writing their letters, making their funding decisions, and suggesting next opportunities you might pursue. Know Your Rights Protecting your rights as employee can be difficult. NEVER, EVER let anyone tell you that you do not have rights or that your students’ rights supercede your own. That is simply NOT true. You can consult with Student Judicial Affairs and the Office of Human Resources (http://www.umn.edu/ohr/ or http://www1.umn.edu/ohr/gae/) to address rights and responsibilities. Talking to Your Class: Damage Control When a serious disruption occurs in class, it is important to talk about it with your class. As an instructor you not only have a right to do so, but a responsibility to reestablish GawneMark and Miller, page 6 guidelines and to make your students feel safe. Allow the students class time to process events and situations. Let them ask questions. If you need advice on how to guide a dialogue, contact the Preparing Future Faculty Program staff or the Center for Teaching and Learning consultants. Contact Information for both can be found via http://www.teaching.umn.edu. Take Advantage of Resources Available to You University Counseling Service is not just for undergraduate students. You may feel frustrated, overwhelmed, and depressed over teaching situations. There are trained professionals who can help you keep your emotional side intact while you deal with the administrative issues. Contact them at www.ucs.umn.edu. Legal Help + Links Before you take that next step, the University of Minnesota has set some standards and resources to assist you. The Board of Regents outlines in clearly defined and legally binding terms the expectations it places on all students at the university. See this document at http://www1.umn.edu/regents/polindex.html and click on “Student Conduct Code.” An important note is that on page three of the document it cites: “Threatening, Harassing, or Assaultive Conduct on Campus” as defined by you, which means no one else can tell you that you are unaware of how that makes you feel. Also, Student Judicial Affairs is a resource for both instructors and students; see http://www1.umn.edu/oscai/. Besides the on campus help, remember that there are state and federal laws to protect you. As a quick reference, you might review the headings and links to such laws at http://www.revisor.leg.state.mn.us/data/revisor/statutes/2004/. See Appendix B for a listing of relevant sections. Conclusion Serious student conduct situations will test your commitment to your pedagogy, to your values and to your career. It can be frustrating; it can be life change. Know that you are not alone and that you have rights. Notes: The text and flowchart in Student Incident Procedure section are modeled on Eugene L. Zdziarski II, Dean of Students, University of Florida and “Responding to Disruptive or Inappropriate Student Behaviors”, The Office of Student Development, Appalachian State University, Spring 2006. Other text referenced included the web resources of the University of WashingtonSeattle Center for Instructional Development and Research, University Guidelines for Faculty Members Regarding Student Conduct in Instructional Settings and In Online Courses and Discussions, and San Francisco State University’s “The Syllabus” by Dr. Vicki Casella. GawneMark and Miller, page 7 Two excellent articles are easily found electronically: “Strategies for Dealing with Difficult Behavior” by Sally L. Kuhlenschmidt and Lois E. Layne in New Directions for Teaching and Learning (use the Academic Search Premiere engine at http://www.lib.umn.edu to make your own link to this article). Also, “Encouraging Civil Behavior in Large Classes” by Mary Deane Sorcinelli at the University of Massachusetts-Amherst (which is easily available via major search engines if you search with the article title in quotes). Writers: Chelsie GawneMark is a graduate instructor at the University of Minnesota in the English Department and a Multicultural Teaching and Learning Intern with the Center for Teaching and Learning. Ethan Miller is a graduate instructor at the University of Minnesota in the English Department and was a recipient of a summer fellowship that included working with the Preparing Future Faculty Program. GawneMark and Miller, page 8 Appendix A: Flowchart of Action for Student Conduct Situations Identify the problem. Note whether or not it can wait until class is over or needs immediate addressing. Follow Up Action Immediate Action After class, either ask the student to meet with you or send an email asking the student to meet. Meet with the student in a public place such as the classroom after class. That way it is private enough for the student, but in case of an escalation you will be safe. Do not make judgments, but clearly state the facts and what is and is not acceptable. Be confident. Be respectful. Listen to the student. Don’t feel compelled to resolve the conflict on the spot. Set limits. A good resource on how to talk to students in distress is at http://www.mentalhealth.umn.edu/facstaf f/index.html. or check out pages 5-8 at Appalachian State University: www.studentdev.appstate.edu/index.php ?module=pagemaster&PAGE_user_op= view_page&PAGE_id=12&MMN_positi on=44:44 If you feel it would not be safe to meet alone with the student, ask a third party representative to come along such as an administrator from one of the campus offices, your supervision or university police. How you conduct yourself at this meeting will have a lasting impact on your relationship with the student and how he or she interacts with the classroom at large. Address the student immediately and stay calm. Give explanation of what is and is not acceptable. Be confident. This procedure covers anything from a student who is excessively chatting to harassing or violent behaviors. Watch for warning signs—increased emotional response, threats, etc. Get help from another instructor or staff member. Request that student leave your class or office. You DO possess this right. Call 911 or University Police if the situation warrants it. You have a right to protect yourself and your class. After the meeting, document everything that occurred and the action plan you both agreed on if one was made at the time. Otherwise document the steps needed to resolve the dispute or behavior. Send a follow-up email to the student with the above information. It is important to make that connection. GawneMark and Miller, page 9 Remember to refer to the guidelines above on the differences between they types of problems. Document EVERYTHING. This will assist you in the event that the student demonstrates repeated or escalating behaviors. It will also protect you as an instructor in case there is a dispute in the actions taken. Identify the type of problem and the appropriate offices to connect with. Academic Problems If it is an issue of plagiarism you will want to contact the Office for Student Academic Integrity at http://www1.umn.edu /oscai/. Gray Areas Plagiarism may be part of a larger problem such as harassment. Cases like these are dealt with jointly between Office of Student Academic Integrity and SJA and the faculty and students involved. Disruptive Problems Troubling Problems If you are having student problems related to grade disputes, scholastic misconduct, etc. then contact Student Conflict Resolution Center at www1.umn.edu/sos/a boutus.com. Disturbing Problems You can always visit the Preparing Future Faculty website at http://www1.umn.edu/ohr/teachlearn/ pff/ to view resources on teaching or meet with a representative from their office for suggestions and strategies. You might also want to check out the Center for Teaching and Learning Services website (www1.umn.edu/ohr/teachlearn/reso urces/jit/midsemta/index.html) for tips for new teaching assistants which covers a wide range of problems or your department to get advice on which area your situation falls in.* Depending on the situation, this may be the time to contact the Director of Student Judicial Affairs at http://www1.umn.edu /oscai/. This office is especially helpful in case of behavior that violates the Student Conduct Code, which can be found at www1.umn.edu/rege nts/policies/academic /StudentConductCode .html. Many students are in distress, have mental health issues, have other health complications or disabilities that can compromise the ideal classroom setting. Each of these students has a right to the classroom, but also a responsibility to the codes of conduct. Contact Disability Services or see http://www.mentalhealth. umn.edu/facstaff/index.ht ml. for Assisting Students in Distress. You may also encounter problems and situations associated with International and Multicultural students. Contact the Director of Multicultural Center for Academic Excellence at www.mcae.umn.edu. The office can help you understand your students and find ways to effectively navigate cultural and diverse issues. While MCAE works with all students, there is a focus on domestic, immigrant, and refugee students of color. International Student & Scholars Services can also help with students on F-1 visas. You can also contact the Coalition for a Respectful U at GawneMark and Miller, page 10 http://www.eoaffact.umn.edu/resources/coalitionrespectfulU.html. Appendix B: Legal Links Sexual harassment & Violence policy at Minnesota State Schools: http://www.revisor.leg.state.mn.us/data/revisor/statutes/2004/135A/15.html 611A.036 Prohibition against employer retaliation. http://www.revisor.leg.state.mn.us/data/revisor/statutes/2004/611A/036.html 611A.84 Statute of limitations. http://www.revisor.leg.state.mn.us/data/revisor/statutes/2004/611A/84.html 611.026 Criminal responsibility of mentally ill or deficient. http://www.revisor.leg.state.mn.us/data/revisor/statutes/2004/611/026.html 609.085 Sending written communication. http://www.revisor.leg.state.mn.us/data/revisor/statutes/2004/609/085.html 609.1055 Offenders with serious and persistent mental illness; alternative placement. http://www.revisor.leg.state.mn.us/data/revisor/statutes/2004/609/1055.html 609.2231 Assault in the fourth degree. Subdivision 5. http://www.revisor.leg.state.mn.us/data/revisor/statutes/2004/609/2231.html 609.224 Assault in the fifth degree. http://www.revisor.leg.state.mn.us/data/revisor/statutes/2004/609/224.html 609.27 Coercion. http://www.revisor.leg.state.mn.us/data/revisor/statutes/2004/609/27.html 609.275 Attempt to coerce. http://www.revisor.leg.state.mn.us/data/revisor/statutes/2004/609/275.html 609.379 Permitted actions. http://www.revisor.leg.state.mn.us/data/revisor/statutes/2004/609/379.html 609.51 Simulating legal process. http://www.revisor.leg.state.mn.us/data/revisor/statutes/2004/609/51.html 609.713 Terroristic threats. http://www.revisor.leg.state.mn.us/data/revisor/statutes/2004/609/713.html 609.72 Disorderly conduct. http://www.revisor.leg.state.mn.us/data/revisor/statutes/2004/609/72.html 609.74 Public nuisance. http://www.revisor.leg.state.mn.us/data/revisor/statutes/2004/609/74.html GawneMark and Miller, page 11 609.745 Permitting public nuisance. http://www.revisor.leg.state.mn.us/data/revisor/statutes/2004/609/745.html 609.746 Interference with privacy. http://www.revisor.leg.state.mn.us/data/revisor/statutes/2004/609/746.html 609.748 Harassment; restraining order. http://www.revisor.leg.state.mn.us/data/revisor/statutes/2004/609/748.html 609.749 Harassment; stalking; penalties. http://www.revisor.leg.state.mn.us/data/revisor/statutes/2004/609/749.html 609.765 Criminal defamation. http://www.revisor.leg.state.mn.us/data/revisor/statutes/2004/609/765.html 609.79 Obscene or harassing telephone calls. http://www.revisor.leg.state.mn.us/data/revisor/statutes/2004/609/79.html 609.795 Letter, telegram, or package; opening; harassment. http://www.revisor.leg.state.mn.us/data/revisor/statutes/2004/609/795.html GawneMark and Miller, page 12