The Citadel Graduate College

The Citadel Graduate College

School of Education

Division of Counselor Education

EDUC 562: Legal & Ethical Leadership Issues in Education
Spring 2017
Instructor: Jeri O. Cabot, Ph.D. / Class Meetings: Tuesdays, March 7 – May 2, 2017
Office: College of Charleston, Stern Center, Room 320 / Class Hours: 4:00 – 9:00 p.m.
Telephone: 843.953.5522 / Meeting Room:
Email: / Office Hours: Tuesdays, 9- 10 p.m. and by appointment
Credit Hours: 3

REQUIRED TEXTBOOKS:

Lake, P. (2013) The Rights and Responsibilities of the Modern University: The Rise of the Facilitator University, 2nd Ed., Carolina Academic Press.

Ramirez, C. (2009). FERPA Clear and Simple: A College Professional’s Guide to Compliance. San Francisco: Jossey-Bass

Jed Foundation (2009). Student Mental Health & the Law. Available on-line at www.jedfoundation.org

Selected journal articles and book chapters (distributed in class).

SUPPLEMENTAL TEXT AND READINGS:

Kaplin, W., & Lee, B. (2014). Law of Higher Education – Student Edition, 5th Ed. San Francisco: Jossey-Bass.

COURSE DESCRIPTION: This course examines and analyzes a basic outline of legal and ethical issues and challenges that are likely to arise for student affairs and college counseling professionals in “the course of performing their particular institutional responsibilities” (Kaplin and Lee, 2009). Guided by a classic textbook on the evolution of higher education law and professional ethical codes, we will discuss the legal and ethics topics regularly encountered by students, faculty, and administrators within institutions of higher education.

STUDENT INFORMATION: This course is a core requirement for the M.Ed. in Counselor Education Specialization in Student Affairs

Memberships associated with the Profession of Counseling and Student Development:

American Counseling Association (ACA)

College Student Educators International [formerly American College Personnel Association] (ACPA)

Association of Student Conduct Administration (ASCA)

National Association of Student Affairs Administrators (NASPA)

Southern Association College Student Affairs (SACSA)

South Carolina College Personnel Association (SCCPA)

National Association of Student Affairs Professionals (NASAP)

CONCEPTUAL BASE:

Developing Principled Educational Leaders for P-20 Schools – The Citadel’s Professional Education Unit prepares principled leaders to be knowledgeable, reflective, and ethical professionals. Candidates completing our programs are committed to ensuring that all students succeed in a learner-centered environment.

The Citadel’s Professional Education Unit is committed to the simultaneous transformation of the preparation of educational leaders and of the places where they work. Specifically, The Citadel’s Professional Education Unit seeks to develop principled educational leaders who:

·  have mastered their subject matter and are skilled in using it to foster student learning;

·  know the self who educates (Parker J. Palmer) and integrate this self-knowledge with content knowledge, knowledge of students, and in the context of becoming professional change agents committed to using this knowledge and skill to ensure that all students succeed in a learner-centered environment; and

·  exemplify the highest ethical standards by modeling respect for all human beings and valuing diversity as an essential component of an effective learner-centered environment.

The Citadel’s Professional Educational Unit is on the march, transforming itself into a Center of Excellence for the preparation of principled educational leaders. Through our initial programs for teacher candidates for P-12 schools and our advanced programs for professional educators in P-20 schools, The Citadel’s Professional Education Unit transforms cadets and graduate students into principled educational leaders capable of and committed to transforming our schools into learning communities where all children and youth succeed.

The Citadel’s Professional Education Unit has identified 15 performance indicators for candidates to demonstrate that they are principled educational leaders who are knowledgeable, reflective, and ethical professionals:

Knowledgeable Principled Educational Leaders…

1.  Have mastered the subject matter of their field of professional study and practice;

2.  Utilize the knowledge gained from developmental and learning theories to establish and implement

an educational program that is varied, creative, and nurturing;

3. Model instructional and leadership theories of best practice;

4. Integrate appropriate technology to enhance learning;

5. Demonstrate a commitment to lifelong learning.

Reflective Principled Educational Leaders…

6. Develop and describe their philosophy of education and reflect upon its impact in

the teaching and learning environment;

7. Develop and manage meaningful educational experiences that address the needs

of all learners with respect for their individual and cultural characteristics;

8. Construct, foster, and maintain a learner-centered environment in which all

learners contribute and are actively engaged;

9. Apply their understanding of both context and research to plan, structure,

facilitate, and monitor effective teaching and learning in the context of continual

assessment;

10. Reexamine their practice by reflectively and critically asking questions and seeking

answers;

Ethical Principled Educational Leaders…

11. Demonstrate commitment to a safe, supportive learning environment;

12. Embrace and adhere to appropriate professional codes of ethics;

13. Value diversity and exhibit a caring, fair, and respectful attitude and respect toward all cultures;

14. Establish rapport with students, families, colleagues, and community;

15. Meet obligations on time, dress professionally, and use language appropriately.

LEARNING AND DEVELOPMENTAL GOALS, EVALUATION METHODS and

CORRELATION TO THE CONCEPTUAL BASE:

1. Demonstrate knowledge of the history and philosophy of the college counseling and student affairs professions, and awareness of counseling and student affairs organizational and credentialing processes both state and national. (CF 1; C SEC 2 F.1.a and SEC 5E.1.a)
2. Demonstrate knowledge of ethical codes, legal standards, and professional issues in college counseling and student affairs relative to professional identity formation in all areas. (CF 12; C SEC 5E )
3. Demonstrate awareness of ethical and legal issues in consulting, consultation and supervision including the need for reflection, self-supervision, evaluation of outcomes, and professional development. (CF 9-12; C SEC 5E.2.p)

4. Demonstrate the ability to effectively utilize decision-making skills when confronted with ethical, legal, and professional dilemmas related to liability, supervision, consultation, and college counseling and student affairs practice within a pluralistic society. (CF 11-13; C SEC 5E)

5. Demonstrate knowledge of law, regulation and ethical considerations as they apply to private and public institutions of higher education; the rights of college employees; the rights of students; multicultural and diversity issues related to student organizations; campus services; and the governmental and non-governmental entities influencing institutions of higher education. (CF 11-13; C 5E.2 m - p)

LEGEND: CF= Conceptual Framework Objectives. C= CACREP 2016 Standards for Counseling and Related Educational Programs.

CLASS EXPECTATIONS

Class Attendance and Professionalism

One of the most important aspects of the education profession is that of professionalism. Punctual attendance in class is expected. The college policy will be followed. Attendance will be taken. Late assignments will be penalized. Active participation in class is a sign of professionalism.

Disability Disclosure

If you need accommodations because of a disability, please inform me immediately. Please see me privately, either after class or in my office. To initiate accommodation, students must register with the Office of Access Services, Instruction and Support (OASIS) call 953-1820 to set up an appointment. This office is responsible for reviewing documentation provided by students requesting academic accommodation and for accommodation in cooperation with students and instructors as needed and consistent with course requirements.

Honor Statement

As a professional educator, integrity is an expectation. Students of The School of Education at The Citadel are expected to meet the standards set forth in the Citadel Code. Available at: http://www.citadel.edu/root/graduatecollege-current-students/honor-the-code

“I will not lie, cheat, or steal, or tolerate those who do.”

Cheating and plagiarism violations will be reported and a failing grade will be assigned for the work in question. This class will follow The Citadel Honor Manual regarding plagiarism: "The term plagiarism includes, but is not limited to, the use of published or unpublished work of another person without full and clear acknowledgement. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic material.

GRADING CRITERIA AND PROCESS:

Methods of Assessment

ASSIGNMENT

/ POINTS POSSIBLE
Quizzes / 15
Case Briefs and Presentations / 35
Case Study of Legal and Ethical Controversy Paper / 20
Student Code of Conduct Project / 30
Total Points / 100

Grading Scale

Grades are determined based upon the following scale.

A = 90 – 100%

B = 80 – 89%

C = 70 – 79%

A grade below 70% will result in the student repeating the course.

The Format of the Course: The class will NOT be strictly a lecture class; rather it will be conducted more along the lines of a seminar. While some lectures will be given, the focus is upon discussion, interaction, exploration of issues based in cases and case studies. READ! THINK! BE WILLING TO EXCHANGE IDEAS!
Brief Writing

Each student will be assigned cases to brief throughout the course. A weekly schedule will be designed once the roster is finalized. Students will present their briefs as well.

Case Study of Legal/Ethical Controversy Paper (Due week 5)
Write a minimum of a 4-page response (not including the bibliography page) on a selected case study: discuss the professional’s dilemma and show how you would react to the scenario and your proposed resolution using legal research, an ethical decision-making protocol and following legal precedent for the relevant areas of law. You will be graded based on the following criteria:

·  Introduction and scenario
Identification of the key legal and ethical issues

·  Identification of relevant legal precedent and specific ethical guidelines
Incorporation of student development theory or theories

·  Feasible resolution

·  Utilization of a citation style

Code of Conduct Project
(1)Part I: Creating a rubric to evaluate codes. Selecting two codes to evaluate.

(2) Part II: Construction of a component of the code.

(3)Part III: Construct a brief training manual (with a bibliography, with links, to relevant books, news articles, journal articles, blog entries, listservs, cases and/or government documents in appendices) and an accompanying Power Point presentation for NEW student affairs professionals for introducing the code of conduct and training conduct officials.

A grading rubric will be distributed in class. Peer evaluation will be a portion of the assessment.
Class Participation/Attendance: You are expected to be an active participant. Absences will be a factor in determining your overall grade and could be the basis for a minimum of a full letter grade reduction. Individual legal briefs written by class participants will be shared with the students in the class.

WEEKLY SCHEDULE

March 7 WEEK 1 –

Lake, Peter. “Student Discipline: The Case Against Legalistic Approaches.”

The Chronicle of Higher Education, Friday, April 17, 2009, Volume 55, Issue 32, p. A 31. See http://chronicle.com/weekly/v55/i32/32a03101.htm

March 14 WEEK 2: Introduction to ethical principles and codes, laws, regulations and ethical decision-making models as they apply to college counseling and student affairs.

Reading: American Counseling Association, Code of Ethics, 2014. Found at www.counseling.org/resources/aca-code-of-ethics.pdf.

College Student Educators International (ACPA), Statement of Ethical Principles & Standards, Found at www.myacpa.org/sites/default/files/Ethical_Principles_Standards.pdf

National Association of Student Affairs Administration (NASPA) and ACPA, Professional Competencies, Special attention to the areas of Ethical Professional Practice and Law, Governance and Policy https://www.naspa.org/images/uploads/main/ACPA_NASPA_Professional_Competency_Rubrics_Full.pdf and

Affiliated rubrics https://www.naspa.org/images/uploads/main/ACPA_NASPA_Professional_Competency_Rubrics_Full.pdf

March 21 WEEK 3: Reading the Law; Introduction to Evolution and Reach of the law; Private vs. Public Institutions, Religious Institutions and the Law

Case study distributed

QUIZ ONE – on NASPA/ACPA Professional Competencies

Reading: Lake, Introduction and Chapter II

March 28 WEEK 4: Students’ Basic Rights and Managing Student Records

QUIZ TWO – Chapter II of Lake

Reading: Lake, Chapter III and Rameriz, Chaps. 1, 2, 4 and 5

April 4 WEEK 5:Disciplinary Processes and the First Amendment on Campus

QUIZ THREE – Rameriz

CASE STUDY DUE

Reading: Lake, Chapter IV and Rameriz, Chap. 3

American Association of University Professors (AAUP). “Classroom Freedom.” See http://www.elps.vt.edu/janosik/Law2009/ClassroomFreedom.pdf

O’Neil, Robert M. “What Not to Say in the Classroom During an Election Season.” The Chronicle of Higher Education article reprinted http://www.campus-watch.org/article/id/5648

April 11 WEEK 6: Students’ Rights Continued - the American with Disabilities Act; Campus Behavioral Intervention Teams

Reading: Lake, Chapter V and VI, Rameriz, Chapter 6 and the Jed Foundation Booklet
April 11 WEEK 7: Student Organizations; The Law and Multicultural Perspectives and Diversity Issues

Reading: Pavela, G. (2008). Can We Be Good Without God? Exploring Applied Ethics with Members of Student Conduct Hearing Boards.” In Student Conduct Practice. Edited by Lancaster, J. & Waryold, D. Sterling, VA: Stylus.

Baldizan, E. (2008). Ethics and Decision Making. In Student Conduct Practice.

Lake, Chap. VII.

April 25 WEEK 8: Athletics and Ethics and the Relationship between Institutions and Faculty

Read the Emergency Management Plan of an institution of higher education

May 2 WEEK 9: The College and Local Entities and Private Organizations

Class presentations of final projects

CACREP Standard / Learning Goals / Learning Outcomes
5E.2.p. Understands ethical and legal considerations specific to higher education environments. / -Demonstrate knowledge of the history and philosophy of the college counseling and student affairs professions, and awareness of counseling and student affairs organizational and credentialing processes both state and national.
-Demonstrate knowledge of ethical codes, legal standards, and professional issues in college counseling and student affairs relative to professional identity formation in all areas.
-Demonstrate knowledge of law, regulation and ethical considerations as they apply to private and public institutions of higher education; the rights of college employees; the rights of students; multicultural and diversity issues related to student organizations; campus services; and the governmental and non-governmental entities influencing institutions of higher education. / -Students will demonstrate knowledge of the development and current content of statements of ethics and ethical guidelines of the ACA and other professional associations through class presentations and discussions.
-Students will demonstrate knowledge of the indicators of professional competencies and the requirements of credentialing through class presentations and discussions.
-Students will demonstrate knowledge of law, regulation and ethical considerations for higher education settings through completing case briefs, role playing, case studies and class discussions.
5E.2.b. Understands the roles of college counselors and student affairs professionals in relation to the operation of the institution’s emergency management plan, and crises, disasters, and trauma. / Students will demonstrate understanding of an institution’s emergency management plan and the roles of student affairs professionals during a crisis through mandatory verbal review of an institution’s emergency management plan.
5E.2.m. Demonstrates the ability to apply and adhere to ethical and legal standards in student affairs and college counseling. / -Demonstrate awareness of ethical and legal issues in consulting, consultation and supervision including the need for reflection, self-supervision, evaluation of outcomes, and professional development.
-Demonstrate the ability to effectively utilize decision-making skills when confronted with ethical, legal, and professional dilemmas related to liability, supervision, consultation, and college counseling and student affairs practice within a pluralistic society.
-Demonstrate knowledge of law, regulation and ethical considerations as they apply to private and public institutions of higher education; the rights of college employees; the rights of students; multicultural and diversity issues related to student organizations; campus services; and the governmental and non-governmental entities influencing institutions of higher education. / -Students will demonstrate awareness of ethical and legal issues in consultation and supervision through responses to quiz questions based on relevant readings; and completion of a case study involving professional dilemmas related to diversity issues.
-Students will demonstrate knowledge of law, regulation and ethical considerations concerning employee, students and student organization rights and multicultural and diversity issues related to student organizations; campus services; and the governmental and non-governmental entities.
Through completion of their final project (creation of a training manual around a code of conduct) and discussion of sample student handbook and guides for advisors of student organizations.
5E.2.g and i. Understands the cultural factors that environmental, political, and cultural factors that affect the practice of counseling in higher education settings and current trends in higher education and the diversity of higher education environments. / -Demonstrate knowledge of law, regulation and ethical considerations as they apply to private and public institutions of higher education; the rights of college employees; the rights of students; multicultural and diversity issues related to student organizations; campus services; and the governmental and non- governmental entities influencing institutions of higher education. / Students will demonstrate knowledge of law, regulation and ethical considerations concerning employee, students and student organization rights and multicultural and diversity issues related to student organizations; campus services; and the governmental and non-governmental entities.
through completion of their final project (creation of a training manual around a code of conduct) and discussion of sample student handbooks; guides for advisors of student organizations and college/university emergency management plans.

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