"What ought I to do, all things considered?" (Allan Hall, 2001)

So the scenario has a teacher "loosing it" with a disruptive student in his class.  He is very frustrated with the boy and says a few things to him in the heat of the moment.  The student then reacts by swearing at the teacher and storming out of class.  The teacher files a report to the DP saying the student was disruptive, swore at him and left the class.  When the DP is in the process of investigating the incident the boy's parents ring to say that their son had his phone recording the incident (including the lead up from the teacher) and has played it for them.  The parents want the DP to hear the recording as "evidence"in their son's defense.

There is no denying that this situation raises some interesting ethical considerations.

Ethical and Professional Dilemmas for Educator: Facilitator’s Guide,poses the following considerations when working through ethical issues:

• “What possible issues/concerns might this scenario raise? 
• The teacher has not acknowledge his alleged contribution to the situation
• The recording was done covertly without the knowledge or consent of the teacher so can it be used as "evidence"?
• The behaviour of a student swearing at a teacher needs to be addressed
• How could this situation become a violation of the law, the “Code” or other school /district policies?
• Is the covert recording in breach of the Privacy Act 1993?
• What is the BOT privacy policy?
• Has the teaching code of ethics been breached in terms of the teacher's commitment to his learners?
• A school rule has been broken by the student by swearing and leaving class without permission.
• In this situation, what are some potential negative consequences for the teacher, for the students and the school community?
• If the recording is uploaded to social media there could be emotional harm on the teacher
• The potential publicity could reflect badly on the school and teaching community
• What responses/actions will result in a more positive outcome and/or what proactive measures might be considered?“ (p.7)

In answering this last consideration it is interesting to ponder one of Allan Hall's (2001) processes for exploring ethical problem solving:  Which stakeholders are given priority? Let's identify the main stakeholders in this situation, the boy, his parents, the teacher and the school.

I think the priority here is the teacher.  I do not think the DP can listen to the alleged recording as it is in breach of the teacher's privacy.  So what actions can be taken?

The DP can:

• explain to the parents why he cannot listen to the recording.
• Meet with the teacher to talk through the incident fully (and disclose that there is an alleged recording of it).  Help the teacher reflect on possible alternative management techniques for future situations and ascertain if further support or professional development is required.
• Meet with the student and parents to prepare them for a restorative practices meeting with the teacher
• Conduct a restorative practices meeting with the teacher, student and parents where the outcome is the repairing of the teacher and students relationship and an agreement the recording is deleted.

As a result of this situation the school involved has since updated their digital use and privacy polices. It does highlight to me the importance of preparing teachers for new ethical demands particularly with the increasing use of digital and online tools in the classroom.  Allan Halls reference to two important steps in helping teachers navigate this process really resonated with me.  He said we need to:

1. Raise teachers' ethical consciousness
2. Develop skills and strategies for exploring and solving ethical problems.

So, all things considered, what ought you do?