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Ethics & Confidentiality

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Submitted By Symayel7
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Mr. Hendricks has been a principal at Grover Cleveland High School for the past five (5) years. During his tenure, he has created a work environment that has met with great success in all aspects relating to academic achievement and school climate, incorporating a style of management that is personal. As a result, the staff worked very hard for him. Jim Austin, head of the schools physical education department requested a confidential meeting with his principal Mr. Hendricks. Mr. Hedricks and Mr. Austin had become good friends over the years, often jogging early in the morning prior to coming to work. During the meeting, Mr. Austin disclosed that he had contracted AIDS and that he wanted to keep his health challenges a secret for as long as possible while maintaining his employment with the school.

Clearly, Mr. Hendricks was in conflict regarding this dilemma. Does he comply with his friends wishes and conceal the illness from his respective stakeholders, staff and/or superiors, or does he communicate in complete earnest with Mr. Austin and communicate to him that, regardless of their personal relationship, as the instructional leader of the school he may be prohibited from concealing Mr. Austin’s disease, as it potentially risks the overall health, safety and well-being of each and every student in the school?
Mr. Hendricks has a very serious dilemma to consider. As a principal, fostering personal relationships with his staff at the school has proven to be highly beneficial and effective. However, it now appears that the very instrument used to create this school culture has now brought him to a crossroads. Does he comply with the wishes of his friend, agreeing to conceal a serious health condition which could be construed as jeopardizing the health and safety of students in the school? Or as school principal does he respond by communicating that it his responsibility to disclose the illness to his superiors and await further direction?
2. Get The Facts:

Principal Hendricks is a gregarious leader with a personal style of management. He has been the instructional leader at Grover Cleveland high School for the past five (5) years and is directly responsible for its positive transformation. As a result, the morale of the staff is high and they enjoy working hard for him. The schools physical education department head (Mr. Austin) is one of his closest friends, as they go jogging together every morning. Mr. Austin requests a confidential meeting with Hendricks and discloses that he has AIDS. In addition, Mr. Austin also requests that Principal Hendricks keep his illness a secret for as long as he possibly can. As Mr. Austin discloses his illness, Principal Hendricks wishes that the school district had an existing policy on AIDS, and realized that he “has no knowledge about AIDS”.

3. Options:

A.) To avoid violating his friend’s confidence and trust, should Principal Kendrick’s conceal Mr. Austin’s illness indefinitely as he has requested?
B.) Does Principal Kendrick’s notify Mr. Austin of his responsibility to disclose the illness to his superior and/or appropriate district personnel?
C.) Reassign Mr. Austin until further decision is made regarding his position?
D.) Confer with an attorney

4. Decision:

I would select option A. While I would first consult with counsel, I would respect the wishes of Mr. Austin and not disclose his illness to my superiors or district personnel indefinitely. There are several reasons for my decision. First, as the instructional leader it is important to maintain the best working environment possible. Mr. Hendricks has fostered a unique environment where all stakeholders appear to have an inter-connectedness and professional commitment to each other and the students they serve. Any deviation from the tenets that contributed to its success could potentially sever this.

Second, the students and staff are in no immediate danger as a result of Mr. Austin’s disease, so in place that address school personnel with AIDS in the workplace, and because there are no documented challenges associated with substandard work performance and Mr. Austin, moving or “reassigning” him could place the district in a position of discrimination and potential liability. Also, the district has no policy on employees that have contracted the AIDS virus.

In addition, based on the information provided in the case study Mr. Austin is protected under the American with Disabilities Act (ADA). The law states that an individual is considered to have a disability if “he or she has a physical or mental impairment that substantially limits one or more major life activities, is impaired or is regarded as having such.” Persons with HIV disease, both symptomatic and asymptomatic, have physical impairments that substantially limit one or more major life activities and are, therefore, protected by the law. (http://www.ada.gov/pubs/hivqanda)

The ADA also prohibits discrimination in all employment practices. This includes not only hiring and firing, but job application procedures (including the job interview), training, promotions and job assignments. It also includes wages, benefits (including health insurance), leave, and all other employment-related activities. (http://www.ada.gov/pubs/hivqanda)

The National Policy Board for Educational Administration, (Standard 5.1 indicator 1a.) speaks to ”educational leaders developing the ability to examine personal and professional values that reflect a code of ethics, and demonstrate a respect for the rights of others with regard to confidentiality and dignity and engage in honest interactions.” (NPBEA, 2002) While Mr. Hendricks should be commended for his role in developing a stellar work environment for his students, staff and community stakeholders, he must understand that as the schools leader, if he truly aspires to respond in the best interests of his schools stakeholders, it is his responsibility to make decisions that are always ethical, prudent and without prejudice even if they are not clearly defined or appear unclear.

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