PROFESSIONALISM & ETHICS

[Legal Education; a case study]

By

Hadia Awan,
Principal, Punjab Law College, Lahore

`Morality matters, not just because it should govern our personal behavior and the way
we treat others. It should provide the context in which all affairs are conducted and
nations governed'

(Roger Triggs)

Profession and ethics, etymologically
1
speaking are counterparts. Historically, profession largely
depends on ethics and morality, characterized by expertise, confidentiality and truthfulness to the
client
2
. That means professionalism is not a goal in itself but merely a means to the goal of good
performance. This may sound euphoric to some who take profession as a goal and not a means;
but Profession is a nude pact
3
without the cover of ethics and morality. Profession is the ability
and capability of doing job whereas ethics is doing that job with an altruistic approach. The idea
behind writing this paper is to find out the role of ethics and morality in professions and how
training in this area can contribute to professional development. Here we are focusing on
teaching generally and law teaching especially as case study to test the hypothesis that ethical
and moral training could in the real sense ensure professional development. We chose profession
of teaching (law teaching) for two reasons; first, everybody agrees that teaching is inherently
social engineering; teacher gets a chance to influence and mould the mind of pupil and thus plays
a vital role in societal development. If teacher sets a good role model for pupil, that is translated
into better generation. All other professions and professionals are indebted to good teachers.
Therefore initially, the teacher needs real training in ethics and morality so that he can
disseminate his knowledge and utilize his profession for raising an egalitarian society. Secondly,
people harbor some doubts regarding the status of teaching profession
4
and refuse to accept it as
a profession. If one doesn't categorize it as a profession, the tools and mechanics for professional
development could hardly help improving it. In this article we want to assert that teaching does
not only qualify to be a full-fledged profession but it is more than that; as it requires high
standard of moral agency and ethical training. But what are ethical misconducts for which
training is required? For this purpose we conducted a survey to find out what constitutes ethical
misconduct and how does it affect teacher-student relationship. In last part keeping in view the
feedback made in the study we will try to formulate suggestions for ethical training of teachers
along some of their apprehensions.

1. From Wikipedia

2. Wikipedia - The term is derived from the Latin: "to swear (an oath)". The oath referred to dictates
adherence to ethical standards, which invariably include practitioner/client confidentiality, truthfulness, and
the striving to be an expert in one's calling, all three of these being practiced above all for the benefit of the
client. There is also a stipulation about upholding the good name of the profession.

3. From Black's Law Dictionary

4. Etzoini, ahead

Before taking up the main topic let's go through the definitions of the words used in the caption.

Ethics is a branch of philosophy which seeks to address questions about morality, such as what
the fundamental semantic, ontological, and epistemic nature of ethics or morality is (meta-
ethics), how moral values should be determined (normative ethics), how a moral outcome can be
achieved in specific situations (applied ethics), how moral capacity or moral agency develops
and what its nature is (moral psychology), and what moral values people actually abide by
(descriptive ethics).

Ethics
5
is defined as

(1) a. A set of principles of right conduct.

b. A theory or a system of moral values.

(2) The study of the general nature of morals and of the specific moral choices to be
made by a person; moral philosophy.

(3) The rules or standards governing the conduct of a person or the members of a
profession; medical ethics.

Ethics
6
is defined as motivation based on ideas of right and wrong and the philosophical study of
moral values and rules.

Ethics
7
- word origin: from Greek thikos, ethical, from thos, character.

5. The Ethics of Teaching: Responding Constructively to Complex Situations by Miriam Rosalyn Diamond

6. WordNet 1.6, 1997 Princeton University

7. The American Heritage Dictionary of the English Language, Fourth Edition, Copyright 2000 by
Houghton Mifflin Company.

As teachers, professors encourage the free pursuit of learning in their students. They hold before
them the best scholarly and ethical standards of their discipline. Professors demonstrate respect
for students as individuals, and adhere to their proper roles as intellectual guides and counselors.
Professors make every reasonable effort to foster honest academic conduct and to ensure that
their evaluations of students reflect each student's true merit. They respect the confidential nature
of the relationship between professor and student. They avoid any exploitation, harassment, or
discriminatory treatment of students. They acknowledge significant academic or scholarly
assistance from the students. They protect their academic freedom
8
.

Murray and colleagues defined ethics as "general guidelines, ideas, or expectations that need to
be taken into account, along with other relevant conditions and circumstances, in the design and
analysis of teaching"
9
.

Being ethical in the classroom means considering the responsibilities we have towards students
and colleagues. In other words, we can think about ethics in terms of the responsibilities we have
and how we fulfil those obligations
10
.

8. American Association of University Professors "Statement on Professional Ethics" 1987

9. New Directions in Teaching and Learning, 1997, Vol.66

10. Marilla Svincki at U.T. Austin

Following Aristotle, 'ethics' is sometimes taken as refereeing to a more general guide to
behaviour that an individual adopts as his own guide to life, as long as it is a guide that one
views as a proper guide for others.

The term "morality" comes from Latin moralitas "manner, character, proper behaviour". It has
three principal meanings.

In its first, descriptive usage, morality means a code of conduct which is held to be authoritative
in matters of right and wrong. Morals are created by and define society, philosophy, religion, or
individual conscience. An example of the descriptive usage could be "common conceptions of
morality have changed significantly over time."

In its second, normative and universal sense, morality refers to an ideal code of conduct, one
which would be espoused in preference to alternatives by all rational people, under specified
conditions. In this "prescriptive" sense of morality as opposed to the above stated "descriptive"
sort of sense, moral value judgments such as "murder is immoral" are made. To deny 'morality'
in this sense is a position known as moral skepticism, in which the existence of objective moral
"truths" is rejected.

In its third usage, 'morality' is synonymous with ethics, the systematic philosophical study of the
moral domain.

Morality & Ethics intrinsically are abstract normative ought which are expected to be followed
by people living in society. These are the socially agreed value expectations which any civilized
society hopes from her individuals. According to sociological philosophical and historical
schools of thought morality provides the justification for the laws in society.

H.L.A. Hart is one of the supporters of this thought. In his book `The Spirit of Law'. He argues
that foundations of a legal system do not consist, as Austin claims, of habits of obedience to a
legally unlimited sovereign, but instead consist of adherence to, or acceptance of an unlimited
rule of recognition by which the validity of any primary or secondary rule may be evaluated
11
.

He writes about the consensus of scholars over relationship of morals with law. He finds out
one subjective difference between these writers which is a priori; the moral or the law? He
states:

..Without going as far as Hobbes, who argued that law and-morals were identical
12
the
Scandinavians
13
have sought to reverse the general notion of moral standards as being embodied
in law by the idea that it is moral ideas that are themselves largely determined by law
14
.

11. H.L.A. Hart, the concept of law( oxford: clarendon press, 1994), 110

12. See Leviathan, cf. ante. 116. See also the determinist view of Savigny and the historical school, post,
632 and its de-mysticised restatement in Ehrlich (ante. 562), and the classical Marxist viewpoint upturned in
the Soviet concept of 'parental law' (posi, 997 and 1085). The writings of Olivecrona are also in striking
contrast to those of the American sociologist, W.G. Summer, whose philosophy was summed up in his classic
Folk ways (1906) in the telling phrase: "Legislation cannot make mores". Of course, few t oday accept this
extreme conservative thesis. But the Scandinavian philosophy goes to the opposite extreme: not only can
legislation make mores, but it is the prime mover in any change of sentiment or morality. It is this that is being
criticized in this section.

13. But Ross parts company with them here: see On Law and Justice, pp-59-64

14. Lundstedt had similar views on justice (Legal Thinking Revised), pp, 159-170): law was one of the
principal factors that moulded and refined feelings of justice.

Of Course, to ask which came first, law or moral standards is rather like inquiring which came
first; the chicken or the egg?

Some of the positivists
15
and utilitarian
16
criticize this Moral-Law proposition but still many
agree that without having a moral & ethical ratification, laws are not good laws.

Without inclusion and support of moral principles the goodness of laws is hard to establish.
Especially when it comes to professional norms and conduct in professional teaching
17
the
importance of morality and ethics dilates.

Let's take the definitions of teaching and what constitutes a profession.

In education, a teacher is a person who educates others. A teacher who educates an individual
student may also be described as a personal tutor. The role of teacher is often formal and
ongoing, carried out by way of occupation or profession at a school or other place of formal
education.

A profession is a vocation founded upon specialized educational training, the purpose of which is
to supply disinterested counsel and service to others, for a direct and definite compensation,
wholly apart from expectation of other business gain"
18
. According to the Oxford English
Dictionary, professions involve the application of specialized knowledge of a subject, field, or
science to fee-paying clientele.
19
It is axiomatic that "professional activity involves systematic
knowledge and proficiency."
20
Professions are distinguished from other occupations represented
by trade groups due to their level of legal recognition.
21


15. J.Austin

16. J. Benthem, Peter Singer

17. .in contradiction to teaching as avocation. This was the thought of gone years that teaching was not a
full-fledged profession this is only an avocation of personal services and is given voluntarily in society.

18. New Statesman, 21 April 1917, article by the Webbs quoted with approval at paragraph 123 of a report
by the UK Competition Commission, dated 8 November 1977, entitled Architects Services (in Chapter 7).

19. Oxford English Dictionary, Second Edition (Oxford University Press, 1989)

20. http://www.ethicalperspectives.be/page.php?LAN=E&FILE=ep detail&ID=100&TID=909 Asa Kasher,
Professional Ethics and Collective Professional Autonomy A Conceptual Analysis, Ethical Perspectives, 12/1
(March - 2005), pp.67-97.

21. Perks, R.W.(1993): Accounting and Society. Chapman & Hall (London); ISBN 0412473305. p.2.

ISSUE NO. 1:

WHETHER TEACHING IS A PROFESSION, SEMI PROFESSION OR AN
AVOCATION?

The supporters view,

Michael Davis describes profession as,

'a profession is a number of individuals in the same occupation voluntarily organized to earn a
living by openly serving a moral idea in a morally permissible way beyond what law, market and
morality would otherwise require.
22


R, Chadwick says,

`professions are defined by science and the service idea'. The first justifies the professional
authority, while the service idea provides a professional with the values specific to itself and its
special obligations'
23


De Ruyter says,

`professionals are those that do not only get paid for their work but have an intrinsic motivation
to follow a social idea for which they need special knowledge and skills, performs their
occupation in a relative autonomy and establish their own professional standards that are
checked by professional organizations. She further applies this standard and says about teaching
as, `teachers could be seen on professionals
24


ILO recommendation concerning status of teachers
25
defines teachers as professionals and
teaching as a profession in this manner.

22. M. Davis, `Professional Code & Ethics (Burlington 2002)

23. R. Chadwick, 'Ethics and the professions', the journal of value inquiry 28:481-484 (1994) 481

24. D.De Ruyter, Professsionanonele idealen van leraren, as given in 'professional ethics in teaching and
professional teaching as organization' by Eduard Dresscher.

25. Recommendation concerning status of teachers (ILO/UNESCO 1966)4

`Teaching should be regarded as a profession; it is a form of public service which requires of
teachers expert knowledge and specialized skills, acquired and maintained through rigorous and
continuing study; it calls also for a sense of personal and corporate responsibility for the
education and welfare of the pupil in their charge'.

Opponents view

On the other hand the opponents don't categorize teaching as a profession. Etzoini is one of
them. Eduard Dresscher says that Etzoini categorizes teaching with the semi professions like
nurses and social workers. He gives reason for this ranking as identified by him is `Lack of
autonomy' and unclear status of their knowledge.

Eduard quotes Abbott stating that this ranking of teaching as semi profession is due to lack of
`claim of jurisdiction'. He says, `in claiming jurisdiction, a profession asks society to recognize
its cognitive structure through exclusive rights.
26


Etzioni suggests more autonomy for teachers that would make teaching more professional.
Eduard says that `opinion differs on what profession is but general consensus is that teaching is a
profession'.

There are reasons to treat profession of teaching on a different and higher plane than some of
other professions e.g. Advocacy, Engineering and Business etc. A student looks up to his teacher
as a role model and surrenders his/her mind to the latter to follow and adopt his teachings. This is
where teacher's personal sense and standards of ethics and morality are available for transfer to
his student; which underscores the significance of professional ethics and morality. According to
M. Thomson,

`What constitutes the purposes of teaching and its related characteristic activities and
actions should be the basis of professional ethics in teaching and what is not ethical, in
professional terms, is that which subverts it'
27


The standards of ethics and morality required in teaching are far higher than what is required in
other professions.

Eduard puts it this way, `so, a good professional is an ethical professional. An ethical teacher
tries to the best of his abilities to accomplish the purposes of education
28
. He further quotes
Campbell in this context, which is of the view that `this moral agency has a double pronged state
that entails a dual commitment on the part of the teacher. The first relates to reaching ethical
standards the teacher as a moral person and a moral professional holds himself or herself to, and
second concerns the teacher as a moral educator, model and exemplar whose aim is to guide
students towards a moral life
29


26. A. Abbot, the system of professions, an essay on the division of Expert Labour (Chicago 1988) 59

27. M. Thompson, professional Ethics and the teachers, Towards a general teaching council (Staffordshire 1997) 30

28. Eduard Dresscher, Pg 2

29. E. Campbell, the Ethical teacher (Philadelphia 2003) 2

If a teacher is distinguished from other professionals on the basis of the moral agency
30
;
obviously more awareness is expected of them regarding ethical and moral values for a teacher.
And he is to guard those values himself. His conscious self must warn him constantly that his
actions will have a domino effect upon the raw minds of his pupils, urging him to hold fast to the
said values.

Still he is judge of his values and this he can do by the use of more jurisdiction
31
and autonomy
in his/her ethical
32
decision making.

Unlike medical and engineering professions
33
, the goal of legal education is argument and
argument is hollow without reason and in turn reason
34
is the ability of the human mind to form
and operate on concepts in abstraction, in an ordered and usually a goal-oriented manner.

30. I, Kant....rational beings are moral agents, we are using this connotation here to label teachers as rational beings.

31. Abbot id: Jurisdiction as identified by Abbot is recognition from the society of the services done by teachers.

32. Mark Karter, ahead. Ethical decision-making can be described as the intersection of three key components.
There is a range of approaches to the resolution of ethical issues. One approach might be to ascertain "facts" that
might have a bearing on a decision. However "facts' are often contested; and "facts" by themselves may describe
what is, but not necessarily what ought to be. In addition to getting the "facts", resolving an ethical issue also
requires an examination of values.

33. Law teaching is different from other professional teachings. We take two examples, of Doctors and Engineers.
While imparting Medical education the teacher is expected to have these traits along others33 e.g. (I) Expertise of
the subject he/she is teaching e.g. Anatomy, Physiology etc. (ii) Practical experience of the field in which he/she is
teaching (iii) updates of the subject and latest research on it (iv) Morality as a part and parcel of each subject etc.

Coming to Engineering, the professional ought to have the similar requirements to teach this as were required in
medical education. So we put these two professions in one class.

The goals of this teaching are different. The object of Engineering is the study of applied physical science and the
object of Medical education is health. For these purposes the required expertise is rigorous and continuing research.
So the student could get current and best information through the medium of a moral agent i.e. teacher.

34. Wikipedia: refers to mental faculties that generates or affirms propositions, by activities of the mind such as
judging, predicting, generalizing and comparing.

To teach reason and logic
35
the discipline of rational thinking is a priori. Rational thinking could
be made only when both the positive and negative aspects are known and distinguishable. The
capacity to distinguish is the use of discretion and use of discretion is the proper application of
law. In order to prepare good lawyers, discipline in rationality is required which to a large degree
is provided by the settled social values of ethics and morality.

35. Aristotle coined the term for the first time before him Greeks were using language and reason to denote logic.

Laws are written in the language of obligation and duties and the consequences are rights and
penalties. In order to de code them to make them effective and useful for ordinary man the
device of court is used. Discretion is the tool in the hands of judges and lawyers. The whole
profession revolves round the use of reasoned discretion and reasoned discretion is the fruit of
rational thinking. The relation between rational thinking and ethical thinking is that both need a
high degree of analytical ability. The analytical ability is the capacity to differentiate right from
wrong; between day and night, and between clear and blur. Hence as legal education is about
teaching reason, rationality, discretion, logic and creativity; morality and ethics become a
necessary ingredient. This is how law teaching is different from other professional teaching in
which main standard is the passing of information in best way. In this context of creativity and
beneficence law appears closer to art but different from art also as art deals with creativity but
does not necessarily always used for executing rights and duties between individuals. In this way
law looks to be more pragmatic and art is more imaginative.

It can be said that science takes up examinable, confirmable `is' of the fact. Art on the other hand
is regarding `should' of the fact and the law is regarding `why' and `could be'. Science is fact on
the face; teacher deducts from this, analyzes this to reach a theory whereas law goes behind the
facts in order to know the reason and cause behind it. Its focus is mind and mental element
(intention, motive), it creates a connection between intangible events (causation, relevancy etc.)
and tangible facts. All this activity needs a clear, rational, ethical and creative mind.

When we rank teaching as a unique profession requiring high standards of ethics and morality,
what Hart calls `Inner content' in teaching, the standard of rationality required for law teaching
rests- upon even higher pedestal than other professional teaching. But then these standards flow
from varying social educational and intellectual backgrounds. This exercise is about finding
common grounds of ethical and moral grounds in teaching of law:

ISSUE NO. 2:

WHAT CONSTITUTES AN ETHICAL MISCONDUCT
AND WHAT IS ITS EFFECT?

To have actual feedback from students and teachers and to supplement personalized exposition
of these values a research based on case study method was conducted amongst the students and
teachers of the law College. A questionnaire based on actual situations given to them to elicit
their response. The case study was a blend of qualitative and quantitative research
methodologies. The theme enquiries about the concept of ethical behavior, attitude and aptitude
of a teacher in a particular situation were formulated in qualitative method. The remedies were
solicited in quantitative manner. In all 88 people gave their inputs. Amongst them 70 were
students and 18 were faculty members. The qualitative part of research is reproduced herein as
comments and quantitative part as diagrams. The case study involved the following propositions:

PROFESSIONAL V. ETHICAL MISCONDUCT

CASE STUDY NO.1

(PADAGOGICAL MISCONDUCT)

Proposition: In a co-ed class teacher shows naked pictures of full body of a woman victim of
murder by neck injury.

Students declare this act as moral misconduct and rate moral misconduct more serious in nature
as compared to mere professional misconduct. Showing stripped off pictures of the whole bodies
of female victims of murder by the teacher in a co-education class where he could have shown
pictures of children and men in cases of murder or only the affected parts of the bodies of women
if essentially required instead of exposing the whole body and identity of the victims. Showing
complete bodies was not required hence condemned by almost all students (96%). 4% students
showed grace with teacher only when according, to them if that was in good faith and if there
was no alternative. But even they condemned him for showing whole bodies whereas he could
have shown only wounds and injuries on the neck.

Faculty members expressed the view that lawyers are concerned about the form, size, features of
wound and injury to find out its true nature and extent, the weapon used and the mode of
inflicting injury, therefore the teacher is not supposed to go beyond the injury and wound and
should have nothing to do with the body of the victim as he is not concerned with its treatments.
At medical college exposure of victim's body may be a necessity because doctors have to deal
with anatomy and other aspects of the body too but not at a law school.

One may not agree with such extreme views where anything connected with sex is bad and may
argue that exposure of body for examination of injuries was a necessity for the teacher. The
study of Injuries to the private parts in rape and sodomy cases is a matter of legal studies as
much a case of medical studies. But what matters is the intention and behavior of the teacher. It's
the perversity in the behavior and conduct which makes the whole difference.

Both faculty and students suggested that this type of "callous behavior" should be condemned
and checked.



CASE STUDY NO. 2: (SLURRING PROFESSIONS)

Proposition: Teacher grumbles about working conditions in the presence of students.

Some disgruntled teachers condemn and even abuse the working conditions of the profession in
the presence of students, particularly when that was done on the occasion of courtesy call by new
entrants in the profession. Almost 100% students did not approve this behavior. Students
declared it as "professional misconduct".

Faculty on the other hand was divided as to ranking of this misconduct. 55% of faculty members
declared it both a professional and ethical misconduct. According to them the teacher and a law
teacher should be very responsible in giving statements because they are supposed to know and
understand the worth of words better than anybody else. They should realize that the new entrant
in field is not right person to complain to. The "slurring" showed frustration and unrest on the
part of the teacher whereas a teacher should be a symbol of composure and contentment. 30%
faculty members declared it as ethical wrong.

Faculty members stated that "criticism is good but showing stubbornness and saying that if
policies are not changed, we are not happy is not the proper conduct expected from a law
teacher". Every person including teacher has a right to look for better job opportunities and this
will invariably bring into comparison the existing position. The only objection is that slurring
should not be made in the presence of students as it will shatter their confidence in the institution
as well as their studies.


CASE STUDY NO. 3 DUALITY OF RELATIONSHIP
WITH STUDENTS

Proposition: Standard of care expected from a law teacher in relationships with students:

Students disliked the idea of late sitting in the evening by the teacher in his room with student of
opposite gender especially when room was not sufficiently lit. 100% students said that if he
continued instruction in insufficiently lit room that amounted to ethical and moral misconduct.
They said, "according to our moral and religious values we are required to maintain reasonable
distance even from our siblings what to talk of a teacher". They further said in given
circumstances observers would not gather and positive impression. So the teacher should have
observed the standard of care more jealously as he/she was not only required to act accordingly
in such situation but also ought to teach the student about the handling of such situations.

The peer assessment was divided. 40% suggested that this was a professional and moral
misconduct. It shows how differently they were taking the issue of standard of care. Only 10%
said that it was an ethical wrong if teacher did not respond with care and caution. The rest of
50% peers were of the view that it was no misconduct at all if they remained sitting even in a
dark office.

This reflects that the expectation level of students towards their teacher is much higher as
compared to between peers inter se. That means also that training and dissemination of
information is required for teachers to make them realize the expectations of their student vis
moral values. Some faculty members (10%) are so naive that they thought that nobody would
think wrong in this situation.

We may say that teacher stands in a fiduciary relationship with his students and his actions
should not be looked at with doubt and suspicion. However the teacher had to guard his
reputation and the reputation of his students therefore he should be careful in allowing
unnecessary meeting or intimacy with students of opposite sex to avoid scandals and allegation
of favoritism

CASE STUDY NO. 4: (BREACH OF COMMITMENT)

Proposition: Teacher does not keep his appointment.

A highly respected teacher gives appointment to a visitor and twice fails to fulfill his
commitment without informing the visitor that he won't be available. Students said that `Every
profession demands some specific rules and regulations which ought to be followed. Profession
of teaching demands punctuality and fulfillment of commitments because these qualities build a
nation and lots of expectations are attached with this profession.

Everybody took this misconduct as professional misconduct. Only 10% of the students partially
excused this act of the teacher but even that was on the ground that he was a human being and
capable of committing wrong. They stressed "having respectable status in society demands in
return that norms of society be kept and preserved by teachers for next generation".

The peer survey displayed a bit different picture. Though 100% peers declared this as a
misconduct but 80% ranked it as a professional misconduct, 10% said that it included both
professional and ethical misconduct and 10% said that it was ethical and moral misconduct.
Teaching is not leisure or pastime ... It is a life style...' "Regarding teacher it is said that whatever
he/she does has the potential of being followed; so every act of teacher carries with it a
possibility and likelihood that it might be emulated. Especially in the given case where the
stature of eminent teacher is such, those students following him may not feel any scruples in
breaching commitments".

Breach of promise is condemnable for every one e.g. if a contractor promises to send
consignment on specific date and does not fulfill his promise this can ruin only a contractual
relation between the parties. The good or bad about teaching is that any act though is done by
one person(teacher) it may affect hundreds of others who are observing and following the foot
prints of their teachers.

CASE STUDY NO.5: (STANDARD OF EFFICIENCY AND MARGIN FOR
INEFFICIENCY)

Proposition: Teacher does not give assessment in time and humiliates student for the work.

Efficiency is a professional requirement. In any profession if someone is not efficient that affects
either his business or employment; or the institution as a whole (workmen & employees). When
case was put before the students and peers regarding the standard of efficiency in teaching, the
replies were very clear and straight forward. Here teacher could not assess assignment of student
in time and gave assessment with suggestions only two days before final examination. He/she
returned work in a humiliatingly to student and said that the work done was not up to the mark,
rather `trash'. The response of students towards this act of teacher was quite furious. Some
female students said that were they male students they would have exchanged hot words with the
teacher. 100% students declared it the height of inefficiency. 50% declared it irreparable loss for
students as the teacher threw assignment on the face of student only two days before final
examination. They say, `definitely, that act of teacher amounts to, not only a moral misconduct
but leaves very bad impression on the other students...'

They say that if teacher did not have time to check assignment he should have clarified it to
students and administration, so that student might have contacted some other faculty member.
Other 50% students showed their fear that if that teacher had a backing of administration the case
would be worse as there would have been no way out for students. To their fear the
administration would listen to the teacher rather to student. That means the act of teacher could
ruin the confidence of student in administration and whole faculty `because teacher is the bridge
between Principal (Administration) and students'. Only 10% students forgave teacher for this
behaviour as they felt that they could work without his/her guidance.

50% students declared that the act of teacher amounted to "teaching" disappointment to student.
The student would lose his/her heart and might leave the college or stop working. They say that
it was a `Sin' on the part of teacher. Students classified this act as ethical and professional
misconduct.

Peers on this type of conduct are divided again. 50% ranked it pure professional misconduct and
50% ranked it as professional as well as ethical misconduct.

Those, who ranked it as both types of misconducts, argued that as relationship between students
and teacher is fiduciary in nature students do not look at teachers for professional guidance only
but also repose a trust in them that they would be guided in their weaknesses. They said that only
in the relationship of trust the weaknesses are shared between the parties on the faith that those
would not be exploited in any way, rather reformation would be suggested. According to them,
`this is only the privilege of a teacher that student puts all his/her flaws before him with a
legitimate expectation of its identification and reformation.

The rest of 50% faculty did not classify the relationship to that extent but they clearly stated that
it was a professional misconduct of first degree.

CASE STUDY NO.6: (STANDARD OF SHARING KNOWLEDGE HONESTLY)

Proposition: Hiding research material from students.

The case study was about a teacher who intentionally concealed from students and finally
removed those materials from the library so that nobody else could get clue of it. The teacher
knowingly and intentionally diverted students to other resources but used the best for himself.
Students condemned that action of the faculty in the worst manner. 100% students took it as
professional and ethical misconduct. They were blunt in stating this as `Dishonest'. They stated,'
We expect that this teacher is not suitable for this responsible profession...'they further stated that
those students who unfortunately came across such professionals, convey to their successors
what they had learned (sic) from their teachers. So for the better future of the coming
generations, it is duty of teacher to expose them to any good knowledge'.

The faculty, majority took it very seriously. 70% of the peers considered it not only professional
misconduct but also ethical misconduct. Out of the rest, 20% declared it ethical misconduct and
only 10% declared it as pure professional misconduct.

Commenting upon the misconduct they stated that steeling books and resources showed
insecurity of the teacher. An interesting comment came from senior faculty, `hiding resources
from students would amount to depriving students from fair competition'.

Another normative observation came from the faculty that this act of teacher showed myopic
vision of the teacher as he banked upon unfair play for the sake of success.

Some took the stance of `Rights' and `Fundamental Rights' and stated this act of teacher as
violation of fundamental rights of students.

Upon the question whether the scholar is hiding his own work from public, there was a mixed
response. Some said that it was personal with the scholar whether he gets thesis published or not.
But some others included this in misconduct on two grounds; one, `not getting the thesis
published amounts to a break in the chain of research as future scholars need help from the
previously done research.

The other ground was more of an apprehension that probably the scholar had used some
plagiarized matter in his work and now with the fear of getting exposed was not opting for
publication. Faculty/peers equated that act of the scholar with stealing someone else's child and
saying it his/her own. The faculty incriminates that the said scholar is not only stealing someone
else's labor but also trying to label it as his/her own and the qualification earned out of that is
also not genuine as it is based upon plagiarized matter. Another criticism was that the scholar
earned degree for public use but did not publish his work for public utility; that is not fair.

CASE STUDY NO.7: (STANDARD OF PATRONAGE)

Proposition: Imposition of an unwritten, unfair condition on student to supervise him/her in
higher studies.

Patronage or support is true manifestation of teacher-student relationship. Students depend upon
the advice of teachers. To what extent this patronage carries the confidence of pupil towards
teacher was the case study.

Students and faculty were invited for their comments on a situation where the supervisor for
higher education had imposed an unwritten condition for an unmarried student to get married
before he could supervise her research.

The response of students was quite emotional. They did not approve the action of supervisor and
offered comments,'... Supervisor is not giving suggestion to researcher. He/she is trying to entice
(sic) him/her. The supervisor should concentrate upon his/her duty...' some others the icon of the
supervisor means teacher will be ruined in our society'.

They also assumed that in such case the gender of supervisor was male. They suggested that
trainings/workshops and self improvement could be tried to check this type of behaviour.

The data collected from faculty depicted different shades starting from a minority of 20% who
said that the act of supervisor was not a misconduct of any sort but strange is the suggestion of
10% out of this that the supervisor needed training and self improvement. Even the other 10%
were advocating that the supervisor must supervise. That means even this slot is not
acknowledging the behavior of supervisor and is convinced that the supervisor should not stop
supervising.

Rest of the 70% categorized it a professional misconduct to be cured by all means. They said,
about teacher, `He should not be apprehensive and act professionally because such
apprehensions are hindrances and not solutions'.

The minority view in this group was that if the apprehension of teacher was considered once
even then the people from whom teacher is apprehensive would know the reality by the time.
They said,'... Time always tell (sic) the truth and due to these apprehensions he could not spoil
career and object or aims of another person'. Saying about teacher they commented,' He should
behave like a responsible person and help pupil. He is morally, ethically and professionally
bound to do so'.

Another very interesting observation was made during the data collection that former 20% who
granted selectively the act of teacher stated clearly that they were assuming teacher from female
gender. And 70% who condemned the teacher assumed generally that the teacher was male by
gender.

From its nature patronage is considered to be a glue to make the student-teacher relationship
stronger. But in the garb of this patronage the person having better position cannot exploit the
person who is less in authority. The teacher should use their influence but not unduly. Even if
taken on the face of it, if teacher suggests to student that the student was marriageable that
should be given as a piece of advice not as a condition or pre-requisite of the supervision.

CASE STUDY NO.8: (STANDARD OF EQUAL TREATMENT AND GENDER
BIAS)

Proposition: Teacher gives extra time to specified student in his office.

Students were found very touchy upon the point of equal treatment. Working on the case study
where teacher was giving extra time to a specific student in his/her office after classes. Teacher
was doing this because there was potential in the student to grow. Students declared it
`favoritism' and `unequal treatment' right away. They made statements like,' Teacher acts as a
guardian and all the students should be given proper attention'. They further said, ` all
students should have same position in the eye of teacher'.

100% students assumed the reason for this type of favoritism was gender bias i.e. if teacher is
male he would attend female students more enthusiastically and vice-a-versa.

20% of the faculty members did not take this action of teacher as unequal treatment amongst
students. They said that as long as the head of administration knows about those long extra
sittings, that does not cause any harm. `It is all about the intention of teacher if he/she has bona
fide intention; the act of giving extra time to one in preference to others is justified'. Some
female teachers justified this act for female on the ground. `...because females are more
responsible, more committed more hard working, more enthusiastic to their work. They pour
their full heart in whatever they are required to do'. They further said about female teachers,'
female wants to prove, their self before society that they can produce better results. They work
hard and give extra time to their work'.

Another group of 20% suggested that working with teacher out of class did not mean that student
should attend office of teacher. The student may work in the library etc and sitting in the office
was not required. They further clarified that it was not about doubting the intention of the teacher
rather it was about treating all students equally.

Rest of 60% faculty took the act as unprofessional and unethical. They said that it would amount
to behave not like a mentor rather than a privy which was unacceptable under any circumstances.
When asked about the gender of the teacher 80% faculty said that the teacher must be of male
gender and student female.

Some took these misconducts so seriously that they stressed that such acts should be classified as
gender based harassments. They say in internal assessment system (prevalent in most of the
public Universities) when the teachers give an impression that if students spend extra time with
them, praising and giving extra time, only then good assessments could be given to them.

They say that this type of behavior though pleases the favorite students and they get good
assessments but for rest of students it creates an abusive work environment.


An abusive workplace is one where bullying, mobbing, abuses, harassments and gender based
harassment is practised
36


36. According to Tracy, Lutgen-Sandvik, and Alberts, researches associated with the Project for Wellness and
Work-Life, workplace bullying is most often "a combination of tactics in which numerous types of hostile
communication and behavior are used" (p. 152).

Gary and Ruth Namie define workplace bullying as "repeated, health-harming mistreatment, verbal abuse, or
conduct which is threatening, humiliating, intimidating, or sabotage that interferes with work or some combination
of the three."

Pamela Lutgen-Sandvik expands this definition, stating that workplace bullying is "persistent verbal and nonverbal
aggression at work, that includes personal attacks, social ostracism, and a multitude of other painful messages and
hostile interactions."

* Noa Davenport, Ruth Distler-Schwartz and Gail Pursell-Elliot identify "mobbing" as a particular type of
bullying that is not as apparent as most, defining it as "...an emotional assault. It begins when an individual
becomes the target of disrespectful and harmful behavior. Through innuendo, rumors, and public
discrediting, a hostile environment is created in which one individual gathers others to willingly, or
unwillingly, participate in continuous malevolent actions to force a person out of the workplace."

* Marilyn Haight identifies thirteen patterns of bad-boss-behaviour, with workplace bullying being only one
of those patterns: "Bully bosses try to intimidate the people who report to them. They insult, taunt, harass
and threaten employees. They snap, shout, ridicule, and/or curse at them. While abusing people, both
verbally and psychologically, bullying bosses have that cat-that-swallowed-the-canary, satirical expression
on their faces. They appear to be out of control while attacking, but they are very much in control and
keenly aware of the emotional reactions of the people around them."

This distinguishes bullying from isolated behaviours and other forms of job stress and allows the term workplace
bullying to be applied in various contexts and to behaviors that meet these characteristics.

According to Pamela Lutgin-Sandvik, the lack of unifying language to name the phenomenon of workplace bullying
is a problem because without a unifying term or phrase, individuals have difficulty naming their experiences of
abuse, and therefore have trouble pursuing justice against the bully. Unlike the term "sexual harassment," which
named a specific problem and is now recognized in U.S. law (and many international laws), workplace bullying is
still being established as a relevant social problem and is in need of a specific vernacular. Marilyn Haight has taken
a step toward isolating and naming thirteen specific behavioral patterns which are typically lumped together under
the generic term of bullying.

From the definition it is clear that when the subject of some workplace feel that criterion for
promotions and better assessments are other than mere studies they need to please teacher by
giving more time, sharing jokes etc. that creates an abusive work place. This is the form of
sexual harassment where workplace environment is used as a toll and medium to reflect that
the workplace is suitable only for particular persons.

A majority of peers claim that usually males exercise their status and stature to harass
woman more. As males get more chance of practicing that.

Nobody, suggested law. That shows that in fact people equate this wrong with morals and
ethics and beyond the grips of law. They say, `unless a person feels the pain and humiliation
of being sexually harassed, or unless he/she is treated discriminately on the basis of sex and
undue favours and advances are asked to get unfair advantages of sexual nature, one cannot
shun this practice'. So to give them a feel of this pain self improvement through training and
role plays could be an appropriate remedy.

ISSUE NO. 3:
HOW IMPROVEMENT COULD BE BROUGHT?
FEED BACK OF THE STUDY
We infer from this study that although students as well as teachers had come from varying
backgrounds/cultures, their responses reflected basic social norms of ethics and morality and
wanted the same to guide our professions. In a way they considered ethical and moral
standards of society at a higher pedestal than the professional standards. They perceive
professional standards as primarily confined to pedagogy i.e. lecture preparation, lecture
delivery methods, subject/content competence etc. but attach higher degree of sanctity to
ethical conduct between student and teacher. In this way they expect more kindness, decency
and morality from this relationship.



We suggested three modes of professional development in our study including, (a) Self
Improvements (b) Training and Workshops (c) law.

Majority of the people considered self improvement and trainings as the most appropriate
tools in professional and ethical development. Only small percentage of people considered
`code of conduct' or `law' as an effective tool
37
and even where coverage/assistance of law is
recommended with other modes i.e. trainings and workshops, are voted for self improvement
and trainings. The following suggestions are made in these circumstances.

37. Many teachers express regret at the need for a code such as this. However, its purpose is to promote the
highest standards of care for young people and to protect teachers and others from the potentially
devastating consequences of false allegations. It is an unfortunate fact that society is less trusting and that,
on occasions, cases have come to light, which have justified the increased level of mistrust. All teachers are
urged to consider how they can safeguard their own position in the light of this advice without giving up
important personal principles of care and trust. Whenever doubt exists any teacher should seek the advice of
his/her Head teacher or experienced senior colleagues.

1: SELF IMPROVEMENT

* Keeping in view the expectations of people, we would like to recommend that there
should be an `instrument of Ethics' or `recommendations of Conduct'. We recommend
that an instrument be drafted as a Resolution/declaration and not as a law. Every
professor/ teacher may be required to sign that at the time of his/her appointment
followed by trainings and self improvement tasks.

* Self improvement observations are to be made part and parcel of the
Resolution/declaration which was signed by the faculty members at the start of their
job.

* This Resolution/declaration may be re-signed every year so everybody should
morally feel themselves bound by the instrument.

* There should be a separate column of self evaluation or self appraisement form where
teacher is to mention one of the areas of his weakness which he/she identified during
last term and the methods to improve upon that.

* Acknowledgment of the aforesaid effort should be manifested in the form of
appropriate rewards and awards.

* Rewards should be announced for developing good and `close to real life' trainings,
workshops and exercises for ethical development.

* Role plays could be developed from the real life efforts and examples mentioned
above.

* We can also develop `pigeon holes' for the teachers in their offices where students or
even peer could drop their complaint or observations regarding conduct of this
teacher. It should be kept secret between the teacher and the observer. This could be a
means for self improvement of the faculty member.

* Sometimes faculty members feel embarrassed to discuss situations which they come
across in real life. In these circumstances such situations could be floated as
hypothetical facts before other faculty members. So others could suggest what should
be the reasonable conduct of teacher thereto.

2: TRAININGS AND WORKSHOPS

Some trainers identify the challenges and constraints in designing and conducting trainings
over teaching professional ethics to teachers and professors. Mark carter
38
says:

`Training individuals to adhere to particular ethical principles when making decisions may
not be possible
39
. He describes the challenge as:

38. Senior Project Officer, Training and Development Directorate, NSW Department of Education and
Training.

39. Mark Carter, Professional Ethics in teaching: The Training and Development Challenge.

(i) Unavailability of skilled facilitators

(ii) Decision about the timing of training i.e. should it be at pre-service stage or on
job

(iii) How this training be reconciled with the best practice in professional learning.

He goes further and suggests the case study method as the most feasible tool to start with
such trainings
40
.He declares real goal of such studies is the exercise in ethical decision
making. And further explains, `Ethical decision-making can be described as the intersection
of three key components. There is a range of approaches to the resolution of ethical issues.
One approach might be to ascertain "facts" that might have a bearing on a decision. However
"facts' are often contested; and "facts" by themselves may describe what is, but not
necessarily what ought to be. In addition to getting the "facts", resolving an ethical issue also
requires an examination of values
41
. There are different approaches to ethical decision
making
42
which could be utilized for reaching an ethical decision.

40. id; Case studies, in lieu of lived experience, and in anticipation of such experience, permit dialogue
about competing perspectives, group and individual reflection and the collective and individual
reconsideration of value positions. The development of professional ethics and the emergence of each
individual's commitment to ethical principles is a dynamic process - in contrast to the relatively passive
acceptance of mandated practices.

41. id

42. Id; Approaches to ethical decision-making have been categorized in the following ways.

Justice approaches focus on how fairly or unfairly actions distribute benefits to members of a group.

Rights approaches to decision-making assume that each person has a fundamental right to be respected and
treated as a free and rational person.

Virtue approaches to decision-making focus on characteristics, attitudes and dispositions - integrity, honestly,
trustworthiness - that enable people to develop their human potential.

The utilitarian approaches to decision making advanced by philosophers such as Bentham and Mill, regard ethical
actions as those producing the greatest difference of benefits over harms

Common good approaches to decision-making regard ethical behaviour as that which advances the good of the
whole community. Individuals or groups are not to be exploited at the expense of others

Social relativism approaches to decision-making regard values of different cultures and groups as being grounded
in a particular social context or reality. It therefore becomes difficult for a person from one culture of group to
pas judgment on the values of another.

Though case study method is not flawless
43
but still is better in many ways as it proves
discussion, brainstorming and exposure of faculty to different unforeseen situation. This is
the reason we used the same method in the instant study.

43. Their appearance, however, in employer-developed materials generates a further ethical dilemma: any hint of
uncertainty in teachers' professional practice arising from competing value positions is unacceptable in the
contemporary societal climate.

In ethical trainings following tools could also be used e.g.

* Role

* Storytelling and giving inputs after brain storming

* Identification of role Models

* Motivalional exercises and counseling

* Group tasks etc.

3: A DRAFT DECLARATION/RECOMMENDATION/RESOLUTION

In view of our study conducted at law school we sought many models
44
to find out a draft
declaration/Resolution. We suggest that Canadian model published by the society for
teaching and learning in Higher Education; University of British Columbia
45
could be one of
the models that may be adopted after necessary modifications.

44. http://www.utdallas.edu/dept/graddean/FACWEB/CD content/Ethics%20in%20Teaching.pps,
http://www.keele.ac.uk/depts/pk/courses/PD/staffbiogs.pdf, http://www.nwhealth.edu/ctl/seminars/ethics.PPT,
<http://www.cambrideeshire.gov.uk/NR/rdonlyres/D730042A-1> A7D-47C8-9411-
4CD207A35025/0/ACodeofConductforTeachersandOtherEmployecs WorkingwithYoungPeople.pdf,
http://www.utm.edu/staff/acoleman/Ch4TheLawsandEthics.ppt, http://www.kwsubeb.com/classroom-
management-techniques/code-of-ethics-in-the-teaching-
profession.pdf,http://www.aals.org/profdev/clinical2003/dickson.pdf,
http://www.trb.sa.edu.au/ndf/draft%20ETHICS%20(A4).pdf,
http://hpep.ge/DOCS/Teacing/Collection%20Honululu/Professional%20Ethics%20for%20Teachers/Professional
%20Ethics%20In%20Teaching.doc,
http://www.efpa.eu/download/bc2f07b19a16f86bec4899febgdab63b,
http://itacec.org/document/wtd/RecommendationsWTD%202008pdf,
ww. acu. edu. au/ dat a/ asset s/ wor ddoc/0015/44610/RevisedVersion of Code of Ethics in TeachingV2.doc,
http://www.unesco,org/education/pdf/TEACHE E.PDF, http:/www.canberra.edu.au/secretariat/codethic.html

45. http://www mcmaster ca/stlhe/documents/Ethical%20Principles%20%in20%University%20Teaching.pdf

CONCLUSION

From the study and observations as reproduced above, we conclude that teaching carries an
inherent expectation of moral agency and benevolence. A teacher is a beacon for students.
Students learn from them, follow them and try to imitate /emulate them in their lives. The
stronger a teacher is ethically and morally, the disciples would be more like him.


As teaching is a profession, ethical training in it could contribute a lot for professional
development. Law teachers as ethical agents could play their role in many ways. Training of
lawyers, besides professional requirements,
46
includes education teach them importance of
fiduciary relationship of client with him/her and the element of confidentiality which is a
trust of client in lawyer, many of the misfeasance and misappropriations
47
could be curtailed.

46 some of the professional requirements of advocates are that they won't go for frivolous litigation, they won't go
for false implication, they won't hide any fact from the court, they won't forge any statement/document etc

47. There are number of stories where properties of clients are misappropriated by lawyers and court workers.

Law teachers can train judges through continuing legal and ethical training. This could
increase the trust of public over judiciary and judicial system.

Law teachers can train personnel of law enforcing agencies so their impression and
efficiency could be improved publically.

Every department of government is created and executed through law. Law teachers trained
in ethics could be a very good resource for the training of these personnel. We recommend
essential continuing trainings especially for public service departments so the efficiency
could be made enhanced in a more relational context.

Working efficiency is halted due to lack of legal training in ethical context and creates an
abusive work environment. This could be countered through ethical trainings by law
teachers.

The lack of respect for opposite gender can give rise to harassment amongst colleagues
which minimizes output of the workplace. This phenomenon could be suppressed through
ethical trainings.

The lack of respect for difference of opinion gives rise to irritated and less tolerant
colleagues. This factor could be minimized through ethical trainings.

We want to reiterate here emphatically that self improvement through training is highly
recommended for teachers and through them to all for nation building.

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