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Unprofessional Conduct

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Unprofessional Conduct?
Jessica Jeffrey
Strayer University
Business Ethics BUS 309
Professor Nekia Hackworth
August 23, 2015

Unprofessional Conduct? The definition of unprofessional is cited as follows: “not professional; not pertaining to or characteristic of a profession; at variance with or contrary to professional standards or ethics; not befitting members of a profession, as language, behavior, or conduct” (Dictionary.com, 2015). Hence, this paper will analyze the four (4) questions as outlined in the assignment overview and discuss them by using concepts learned in this course. Additionally, the writer of this paper will explain the rationale used for her responses.
Question 1 Do you believe the Board of Education violated her right to privacy? The author of this paper does feel that the Board of Education violated Mrs. Pettit’s right to privacy. The reason for this belief has to do with the utilitarian concept to “always act to produce the greatest possible balance of good over bad for everyone affected by our actions” (Shaw, 2013). Mrs. Pettit, her husband, and the others who attended the function were engaging in this very concept. Additionally, this occurred in a private setting and the participants were consenting adults over the age of eighteen (18) and should be afforded a legal and moral right to privacy. However, the happiness enjoyed by these acts was eventually used against Mrs. Pettit as the consequences of her actions led to the revocation of her license to teach. But the question that comes to the writer’s mind is this: Why should one need to wonder whether or not one’s actions would result in consequences down the line? After all, the activities enjoyed by Mrs. Pettit and the others yielded pleasure for all participants. Now, if Mrs. Pettit and company were performing in a public setting, the writer’s response would be much different. Were they justified in firing her? The author’s response to this question may appear to contradict the answer in the earlier question as the answer is yes. Explain two to three (2-3) major reasons why or why not. One reason for the affirmative response centers on the dismissal for cause and privacy rights clause in Mrs. Pettit’s contract. In conducting research on the matter, the writer discovered a law digest which pertained to teacher’s rights in the United States. Most public ISD’s (Independent School Districts) require teachers to sign an employment contract. The contracts are very specific as it relates to moral turpitude and immoral conduct. One item that stuck out was the fact that teachers have “a limited right to personal privacy” and that “when a teacher’s private life affects the integrity of the school district the courts will often support disciplinary action taken by the school district” (USLegal, 2015). Another reason the writer feels the board was justified in firing Mrs. Pettit is that the author’s sister is a teacher at a private school in Texas. All teachers are required to sign a morality clause as a condition of employment as the state of Texas wrote into law the Texas Administrative Code, 2010. It states the following: “The educator shall be of good moral character and be worthy to instruct or supervise the youth of the state” (Texas Education Agency, 2015). Therefore, the California law favored the Board of Education’s side which justifies the firing of Mrs. Pettit. Accordingly, teachers in the United States are subject to disciplinary action up to and including termination if they are found in violation of questionable behaviors such as adultery and pregnancy outside of marriage.
Question 2
Was Pettit’s behavior unprofessional or immoral? The definition of immoral is described as follows: “violating moral principles; not conforming to the patterns of conduct usually accepted or established as consistent with principles of personal and social ethics” (Dictionary.com, 2015). According to the definition of unprofessional and immoral, Mrs. Pettit’s actions (in the writer’s opinion) do not fully fit the descriptions. Do you believe she was unfit to teach? The definition of unfit is as follows: “not fit; not adapted or suited; unsuitable; unqualified or incompetent” (Dictionary.com, 2015). Pettit doesn’t fit the description of this label either. Provide a rationale for your position. The rationale for the writer’s position is based on several factors. One of the concepts studied in this course pertaining to immorality indicates that “breaking the law is not always or necessarily immoral” (Shaw, 2013). While Pettit broke the law of the time, views on sexuality have evolved over the years. Until a “landmark Supreme court decision in 2003, oral sex as well as anal sex remained illegal in thirteen states, nine banned it for everyone, and four restricted their laws to gays and lesbians” (Wishnia, 2012). Another concept gleaned from this class regarding immoral acts is that just because society and the rules of etiquette don’t elevate sexual freedom does not make one’s sexual explorations immoral. Additionally, the State Board of Education overstepped when they revoked her “school for life” diploma and deemed Pettit unfit to teach because of her sexual expressions. Pettit, according to the case study, never demonstrated any depraved indifference in the classroom, never had her competence challenged, and always received favorable evaluations. In terms of unprofessionalism, the writer’s opinion is that when Mrs. Pettit performed fellatio on the three gentlemen, her position as a teacher should not be considered as one had nothing to do with the other.
Question 3 If teachers have good performance inside the classroom, should they also be held to a higher moral standard outside the classroom? It is the belief of the writer that teachers should not be held to a higher moral standard outside the classroom. Explain why or why not. While teachers should not bring their personal and private lives into the classroom, there is no reason to hold their conduct outside the classroom to a higher moral standard. Additionally, teacher’s lives should not be subject to examination just because their sexual views conflict with the court of public outrage. As the text indicates, “rules of etiquette are prescriptions for socially acceptable behavior. If you violate them, you’re likely to be considered ill-mannered, impolite, or even uncivilized, but not necessarily immoral” (Shaw, 2013). Therefore the writer personally disagrees that morality clauses should be added to teacher’s contracts.
Question 4 Analyze five (5) behaviors you believe would show unprofessional or immoral conduct for a teacher. 1) Cheating (immoral & unprofessional) – Teachers frown on this when students cheat on a test therefore teachers should not a) cheat on their income taxes; b) deliberately swindle others; c) alter test scores to raise personal and/or school percentages; and d) use deceit to conceal the truth. 2) Bias (unprofessional) – Teachers who promote and prefer their views when imparting knowledge to the youth of America translates to unprofessionalism (in the opinion of the writer). Instead, teachers should convey information as objectively as possible. In doing so, this enables the student to apply critical thinking skills to the lessons learned which makes the pupil better equipped to solve problems as they arise. 3) Lying (immoral & unprofessional) – George Washington made the phrase “I cannot tell a lie” as infamous as “do no harm”. As a teacher, one should endeavor to speak truthfully at all times, especially in the classroom. As children have a tendency to emulate those in authority, it behooves teachers to refrain from speaking untruths, period. 4) Quid Pro Quo (unprofessional) – The teacher is experiencing car trouble and goes to a local repair shop. After checking her vehicle in, the owner of the shop arrives, which happens to be the parent of one of her students. They exchange pleasantries and engage in small talk. The repair work is complete and when checking out she notices that the repairs were a lot less than she estimated. She asks the clerk if there was an error on her bill to which the response was that she received the “preferred customer” discount. The teacher thinks nothing of it until grading the assignment of the Mechanic’s child. She feels generous and gives the kid extra credit for completing the assignment. Quid Pro Quo or teacher discretion? It’s obvious the teacher gave the extra credit because of the “preferred customer” discount. In most states, if this is discovered, the teacher could face horrific consequences. In case the reader is wondering, no this did not happen to the writer’s sister nor anyone else the writer knows. Unfortunately, these types of cases exist and give teachers a bad rap. 5) Sick-out (unprofessional) – When more than fifteen (15) teachers call in sick on the same day even though they are not sick. This is done to prove a point to the Principal and/or Administration about a matter that has been brewing for an inordinate amount of time. As a result, the day is a total mission failure as the number of substitute teachers is scarce and it takes time to identify suitable replacements. Oftentimes, teachers pull double duty to cover the staffing shortages.
Conclusion
In conclusion, much needs to be done as it relates to the terms and conditions in teachers’ employment contracts. A teacher’s private affairs should have no bearing on their profession and should not be subjected to undue scrutiny. Hence, the arguments presented in this paper are the writer’s opinions and views of the subject matter.

References
Dictionary.com (2015). Retrieved from http://dictionary.reference.com/browse
Shaw, William H. (2013). Business Ethics: A Textbook with Cases, 8e, 8th Edition. Cengage Learning, VitalBook file.
Texas Education Agency (2015). Retrieved from http://tea.texas.gov/About_TEA/Welcome_and_Overview/.
USLegal (2015). United States Teacher’s Rights. Retrieved from http://lawdigest.uslegal.com/education-laws/teacher's-rights/7230/#PrivacyRights.

Wishnia, Steven (2012). Understanding the Right's Fear of Sex: How America's Absurd Oral Sex and Sodomy Laws Were Overturned. Retrieved from http://www.alternet.org/story/154847/understanding_the_right's_fear_of_sex%3A_how_america's_absurd_oral_sex_and_sodomy_laws_were_overturned.

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