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Illinois School Board Journal
November/December 2004
Making ethics intuitive
by Gary Davis
Gary Davis is executive director of the Illinois Community College Trustees Association. This article is adapted from "Digging into ethics," which appeared in the October 2003 issue of Association Management and is used with his permission.
Taking ethics seriously requires more than simply doing good and avoiding evil. Even when school board members and staff resolve to "do the right thing," challenges remain.
Some districts try to deal with ethics in conventional ways by issuing a "code of ethics" that requires conduct "in accordance with the highest ethical standards." Such codes state the obvious: People ought to behave themselves.
Sometimes codes go even further and state the impossible - for example, that conflicts of interest should be avoided. But conflicts of interest and ethical dilemmas are part of the very fabric of life. Instead of simply telling people to avoid them, board members and staff need to understand how to deal with ethical challenges so they can make ethics an intuitive part of their culture.
In making ethics intuitive, district leaders might want to consider three initiatives:
1. Decide what ethics is and what ethics is not. What is the ethical thing to do? The answer can be difficult because individuals' values, cultures and situations may be different. Nevertheless, ethical debates are as old as humankind, and there is some consensus about what constitutes ethics.
Ethics is more than obeying the law. Many people mistake legality for ethical propriety. In 2002, Congress passed the American Competitiveness and Corporate Accountability Act, also known as the Sarbanes-Oxley Act. This and other efforts by government to enforce ethics may actually contribute to this misunderstanding. An action can be legal yet unethical. The opposite is also true.
When ethical issues arise, school boards and superintendents often turn first to the school district's attorney for advice. If the attorney responds that the actions in question are not illegal, leaders should ask themselves, "Are the actions ethical?"
For example, the district may be on solid legal ground when it retains an external auditor who is the board president's brother-in-law, but is the action ethical?
Ethics is not a fad. In a New Yorker cartoon (March 30, 1992), a CEO glowers at a contract and growls to his assistant, "Have you noticed ethics creeping into these deals lately?" The executive seems to think that ethics is a passing fancy. But values questions have always been a part of life. Although ethics may now seem to be in fashion, moral issues have always commanded the attention of serious writers, leaders and politicians.
Ethical behavior often exacts a high price and requires a change in behavior. Although a board's values can develop pride and self-respect in the district, ethical behavior cannot be expected to produce measurable, positive results in the bottom line. Legendary baseball manager Leo Durocher was partly right: Sometimes "nice guys finish last." Although society sometimes honors its heroes, more often they are overlooked by their contemporaries or even persecuted.
Consider Socrates, Gandhi and King. Before digging into ethics, district leaders ought to ask, "Are we prepared to pay the price?" and "Do we have the will to act accordingly?" Everyone must ask: "What will I do when others fail to recognize or reward a commitment to principle?"
Ethics is partly a matter of getting the facts straight. Ethical bungling can result from a failure to comprehend the situation. Strong values misapplied because of a faulty understanding of one's circumstances can be a recipe for moral disaster. When the American Red Cross raised funds for the 1989 San Francisco earthquake relief - and more recently for 9/11 victims - while planning to use some of the money for other causes, donors were misled. The organization failed to get its facts straight in its communication, and the result was a collapse of trust.
Ethics is more than everyone doing his or her best. The death of Duke University Medical Center transplant patient Jesica Santillan illustrates the problem of thinking that good people can overcome bad systems. The people at the organ bank all assumed that the other had matched the blood type of the donated organs. Nobody had, and Santillan died. She died not because of the moral failure of any one individual. She died because of a flawed system.
Without sound processes and systems, school districts may experience ethical failure even when everyone within the district is trying to do his or her best. No snowflake, one wit observed, ever thinks it is responsible for the avalanche. The collective power of the community often outweighs individual attempts to do the right thing. Boards should ask themselves the following tough questions:
2. Gain the commitment of the entire organization. Commitment comes hard. Mere talk about ethics can make people uncomfortable. Reduce the threat by letting people know that they are not targeted. Admitting that the subject may be threatening can enhance the productivity of ethical discussions. Ethics is intensely personal, and no one is comfortable being the target of others' judgments.
On the other hand, human performance is rooted in self-concept and understanding. Everyone would like others to understand their values and deepest longings. District leaders will be willing to dig in if ethical discussions can help others develop an appreciation for who they are.
Once they are engaged in ethics discussion, people open themselves up to the possibility of being changed. Adults learn best by getting involved. While abstractions and theories appeal to younger learners, the real world holds more attraction for leaders. The use of case studies can encourage a real-world approach to ethics. Case studies can dramatically illustrate the moral dilemmas that bedevil districts, their board members and staff.
3. Teach district board members and staff to recognize and resolve ethical issues. To ingrain commitment to ethics, the Illinois Community College Trustees Association facilitates ethics retreats for its members and for other associations. Ethics retreats strengthen the bonds of trust and help people acquire the tools to resolve their own ethical dilemmas. Codes may prohibit conflicts of interest, but unless someone - often a third party - who discerns a conflict of interest is constrained by a reporting process, conflicts may go unchallenged. If the process obliges board members, as a condition of their participation on the board, to point out possible conflicts, they will be more likely to raise such issues.
We live in a skeptical age, and our ability to trust weighs in the balance. Government leaders have deceived us. Television networks and newspapers have apologized for misleading viewers and readers. Major corporations have filed false financial statements. Teachers and clergy have abused students and parishioners.
If trust is to remain the strength of our social fabric, we must take positive steps to demonstrate a commitment to ethical behavior, with policies and processes that can rebuild trust. When we gain the power to deal with ethical dilemmas, we strengthen our society's capacity for effective ethical decision-making.
Editor's note: Gary Davis will present a pre-conference workshop, "Ethics for Today's School Board Members," beginning at 9 a.m. Friday, November 19, at the Chicago Sheraton Hotel. For more information, contact Judy Williams (Extension 1103) at either 217-528-9688 or 630-629-3776.