Ethical Decision-Making 1 Ethical Decision-Making Approach William T. Noel, Sr. Virginia Commonwealth University Ethical Decision-Making 2 Ethical Decision-Making Approach Determining one’s personal approach to ethical decision-making is similar to selecting a Presidential candidate. Too many variables are present that weigh heavily on the choices we make. Family influences, childhood experiences, and one’s commitment to his or her religion all play a significant role in determining a philosophical framework. The easy way out is to utilize Johnson’s Ethical Pluralism to blend frameworks to meet a need (Johnson, 2012). Johnson’s perspective of Altruism is the preferred ethical decision-making approach for my private life; however, in my public, professional life his perspective of Utilitarianism is the best perspective to use (Johnson, 2012). Philosophical Framework In Johnson’s text, Meeting the Ethical Challenges of Leadership - Casting Light of Shadow, he sums up utilitarianism as “attempting to do the greatest good for the greatest number of people” (Johnson, 2012, p. 154). Doing the greatest good for the greatest number of people is an absolute goal of mine when dealing with the students. Under this model, it is justified to relax the rules for one person if it means protecting a larger part of the school community. The utilitarian analysis of this model makes it particularly strong because it offers a roadmap to help determine ethical dilemmas. For instance, there is an ethical dilemma of giving students a “get-out-of-jail-free” pass on minor offenses if they can offer valid information on drug activity, theft, and/or vandalism. The first step in Johnson’s analysis says to “clearly identify the action or issue under consideration” (Johnson, 2012, p. 154). The ethical issue here is whether or not it is acceptable to relax school rules for those students who offer information on criminal behavior. Ethical Decision-Making 3 The next step is to determine the stakeholders who might be affected by this action (Johnson, 2012). The building principal and his or her assistants might have to justify why some students are seemingly above the law. Johnson’s third step in this ethical analysis calls us to “determine the good and bad consequences for those affected” (Johnson, 2012, p. 154). The ideal consequence from this action is that our students are learning in a drug-free school and are safe from all negative elements. Conversely, the worst case scenario finds the informing student experiencing some type of violence because of this agreement. Summing up the good and the bad consequences is the last of Johnson’s four-step utilitarian analysis (Johnson, 2012). He says “the action is morally right if the benefits outweigh the cost” (Johnson, 2012, p. 154). Under this framework, using information brought forward by students to eliminate objectionable behavior is morally correct. Ethical Issue It is difficult detect all of the undesirable activity that happens in a highly populated public school. In an attempt to level the playing field, there are a couple of students who will bring the administrative team pertinent information on drug activity, theft, and/or vandalism for the exchange of a lesser penalty on minor infractions. For example, Leon Thomas usually gets a day or two in In-School Suspension (ISS) for using his cell phone during the school day, but if during his due process hearing, he offers factual information on who is distributing marijuana in the building, those two days of ISS days become a day of cafeteria duty. The ethical dilemma is whether or not to continue partnering with students as confidential informants to rid the school of criminal activity. Ethical Decision-Making 4 It was determined earlier that this ethical dilemma is the morally correct action under the utilitarian analysis, but how does it relate to the four ethics? Justice, Critique, Care, and the Profession are different approaches to dealing with ethical issues. Each of the four ethics will be used to analyze the described ethical dilemma. Justice The ethics of justice refers to dealing with ethical dilemmas by doing what is legally correct. This perspective focuses on what is right and fair concerning an individual’s rights. John Rawls believed that certain principles of justice should be followed to address ethical issues. One of the principles asserted that “everyone should have an equal opportunity to qualify for office and jobs” (Johnson, 2012, p. 161). The ethical dilemma described above did not exclude anyone from an office or from a job, but it did however, exclude them from the same “get-out-of-jail-free” pass some students received. For Rawls, the ethics of justice would not agree with the simulated ethical issue because some students had preferential treatment and some did not due to an unwritten understanding. Lawrence Kohlberg differed slightly with Rawls concerning the ethics of justice because he felt it was more about morality, and less about the legal system. Kohlberg would be more inclined to agree with the ethical predicament because it was a moral issue that met the utilitarian analysis. Under Kohlberg’s third level of moral development, the question was raised, How do my actions contribute to or detract from the optimal functioning of society? The decision to slightly relax the school to solve a more serious problem contributes greatly to the optimal functioning of school. Ethical Decision-Making 5 Critique Asking questions and challenging established practices are at the foundation of the ethic of critique. Followers of this perspective do not simply accept the decisions and actions of those in power without asking one question after the other. This particular ethic seems to encourage people to be cynics, no matter how innovative or how worthwhile the idea might be. The covertness of this ethical dilemma would raise too many questions in the minds of critical theorists. As a result, the ethic of critique would conclude that this ethical dilemma is not the morally correct action. Care This perspective, as the name implies, holds relationships, feelings and caring above all else. This point is especially important in the school setting where a student’s welfare comes before his or her test scores. If this approach holds the safety and security of students in such high esteem, then the ethic of care would agree with the decision made in this ethical dilemma. Deciding to relax the school laws is justified if it results in establishing a safe, student-centered environment. The ethic of care and the utilitarian framework are complementary in regards to their view of relationships and people. These two approaches are akin to Bolman and Deal’s Human Resource frame in that they “highlight the relationship between people and organizations” (Boleman and Deal, 2008, p. 137). Likewise, the dilemma favors the students within the school over the guidelines of the school. The decision reached in this dilemma shows an absolute caring for the greatest number of people. Ethical Decision-Making 6 Profession Unlike the ethic of care, this perspective has individuals strictly following the organization’s guidelines to the letter. The ethic of profession does not recognize feelings or compassion; decisions in this perspective are black and white, right or wrong. For an administrator to operate outside of the established rules goes against the ethics of profession. Consequently, those who believe in this interpretation of the ethic of profession would disagree with the practice of relaxing the rules in order to accomplish a greater good. The ethic of profession goes deeper than the other ethics by asking four poignant questions, discussed in class. These four questions however seem to support the decision reached in the ethical dilemma. The questions are: 1. “What would the profession ask me to do?” 2. “What do various communities expect me to accomplish?” 3. “What about clashes of codes—does this exist, and is there a problem?” 4. “What should I take into account to consider the best interests? (Shapiro and Stefkovich, 2011, p. 35). The answer to these questions all support the decision made in the simulated dilemma. For example, in the first two questions, the profession asks us to ensure the safety and security of students, likewise the community also expects us to maintain a drug-free school. The administrative team has yet to face a difference of opinion in these matters, which speaks to the next point. And lastly, the best interest in this ethical dilemma is, without a doubt, the welfare and safety of the entire student body. Ethical Decision-Making 7 Decision-Making Model Kidder’s Ethical Checkpoints is the decision-making model chosen to describe how to best address the proposed ethical question. Rushworth Kidder offers a nine-step checklist that will bring clarity to a questionable ethical issue (Johnson, 2012). Once again, the ethical issue is whether or not it is morally correct to relax the school’s discipline policy for some students, in exchange for vital information on criminal activity. Kidder’s first checkpoint is to “Recognize that there is a problem” (Johnson, 2012, p. 248). This step forces us to take our head out of the sand, and recognize that there is a problem that needs to be addressed. The administrative team in this scenario recognizes that there is drug activity inside the walls of the building. Furthermore, the team realizes that they are responsible for remedying that problem, which leads us to the second checkpoint. Kidder says that once the problem has been recognized, we must “Determine the actor” (Johnson, 2012, p. 248). In this dilemma, the actors are the members of the administrative team, as well as the confidential student informants. These informants bring to the administrative team, “adequate, accurate, and current information” that is vital to the goal of ridding the school of drug activity (Johnson, 2012, p. 248). That act of collecting information is Kidder’s third checkpoint, “Gather the relevant facts” (Johnson, 2012, p. 248). Kidder’s fourth checkpoint is the “Test for right-versus-wrong issues” (Johnson, 2012, p. 248). According to Kidder, if the ethical decision is the correct choice, it must meet three tests under this checkpoint. If the decision to relax the school’s discipline policy in exchange for vital information gives a bad feeling within one’s soul, than it has failed the (stench test) (Johnson, 2012). Kidder’s next test is the (front-page test) - this test asks the question, would the decision to relax the school’s discipline policy in exchange for vital information cause Ethical Decision-Making 8 discomfort if it was on the front page of the newspaper (Johnson, 2012). According to his last test (the Mom test), if the decision to relax the school’s discipline policy in exchange for vital information violates the moral code of a loved one, than the decision is not justified (Johnson, 2012). Our ethical dilemma would not pass Kidder’s fourth checkpoint because admittedly, it would not pass the front-page test. The fifth checkpoint on Kidder’s list, the “Test for right-versus-right values” is the most difficult because it places two positive values in opposition of one another. For this ethical dilemma, fairness stands directly in the way of safety, and vice-versa. In order to reach the desired goal of safety from drug activity, it is necessary to temporarily suspend fairness in this situation. Accomplishing safety won out over fairness in this case because of the utilitarian belief of the greatest good for the greatest number of people. This transitions nicely to Kidder’s next checkpoint, “Apply the ethical standard and perspective”. As mentioned before, the ethical principle that addresses this ethical dilemma best is Bentham’s utilitarian approach. Kidder urges individuals to “look for a third way” when dealing with an ethical dilemma. He says, “Sometimes seemingly irreconcilable values can be resolved through compromise or the development of a creative solution” (Johnson, 2011, p. 249). It is very obvious that the two sides in this dilemma will not be able to sit and discuss the problem, because of this, an imaginative solution was born. It is better to aggressively proceed in a manner that will eradicate the problem, instead of dismissing its impact on the entire student body, or worse pretending it does not exist. “At some point we need to step up and make a decision” (Johnson, 2011, p. 249). “Make a decision”, Kidder’s eighth checkpoint, cautions us against over-analyzing an issue to the Ethical Decision-Making 9 point that nothing gets accomplished. Martin Luther King Jr. referred to this as the paralysis of analysis. The last checkpoint in Kidder’s decision-making model is to “Revisit and reflect on the decision”. Reflection and review is normal concerning any decision concerning students; this is especially true in situations like the presented ethical dilemma. Evaluation The decision to relax the school’s discipline policy for some students, in exchange for vital information on criminal activity is the ethical dilemma here. However, there is good reason to conclude that this decision is the morally correct action to take. For example, this decision will do the greatest good for the greatest number of people, which is taken from the utilitarian framework. The choice in this ethical scenario also met the four-step utilitarian analysis of an ethical problem. Kidder’s Ethical Checkpoints also supports this decision to create an innovative way to address a problem. Then, too, this decision met two of the three tests Kidder offered in his fourth checkpoint. In conclusion, the decision to relax the school’s discipline policy in exchange for information on criminal activity is absolutely justified, based on the Utilitarian Framework and Kidder’s Ethical Checkpoints. Ethical Decision-Making 10 References Bolman, L. & Deal, T. (2008). Reframing Organizations: Artistry, Choice, and Leadership. Johnson, C. (2012). Meeting the Ethical Challenges of Leadership: Casting Light or Shadow. (4th ed.). Los Angeles: Sage Publishing, Inc. Shapiro, J. P. & Stefkovich, J. A. (2011). Ethical Leadership and Decision Making in Education: Applying Theoretical Perspectives to Complex Dilemmas. (3rd ed.). New York, NY: Routledge