EDPS 410 – Ethics and The Law

Define Ethics
The analysis and determination of how people ought to act toward each other; the rightness and wrongness of behaviour.
What is the difference between descriptive ethics and prescriptive ethics?
Descriptive ethics are what members of a professional actually do, how they behave in reality.
Prescriptive ethics is how members of a profession ought to behave, more idealistic.
What is a code of conduct?
A code of conduct contains definitions for minimally accepted behaviour for professionals and is intended to function as enforceable rules of practice.
What is a teleological ethical system?
Teleological systems of ethics operate from the perspective of outcomes or goals. They are consequentialistic, meaning the decision is weighed based on the different consequences that may arise.
What is the most common and accepted teleological ethical system?
Utilitarianism – the idea being that something is right if it produces or is likely to produce the greatest amount of good for the greatest number of people.
What is a deontological system of ethics?
The deontological system maintains that something is right if it follows certain absolute universal principles (autonomy, equality, justice). The problem with this is that there is no consensus as to which principles should be followed and it gives no way to handle situations which have conflicting principles, how do you weigh which one is most important?
What are the 5 foundational ethical principles?
– Respect for autonomy
– Nonmaleficence
– Beneficence
– Fidelity
– Justice
Define Justice.
Justice is the ethical obligation to act fairly. Avoiding bias and unfair discrimination, treating all people equally regardless of position in life.
Define Fidelity.
Putting the needs of another before your own. Faithfulness, loyalty, honesty and trustworthiness are all part of this.
Define Beneficence.
Actively making choices that contribute to the well-being of others.
Define Nonmaleficence.
Not causing harm to others, either intentional or engaging in risky activities. Being obligated to protect students from harm.
What is Respect for Autonomy?
Honoring the dignity of all persons, the rights of individuals to make choices about self-determination, and freedom from the control of others.
What are the 3 things an occupation must be in order to be considered a profession?
1) an intellectual activity based on a particular knowledge base rather than a routine
2) practical rather than theoretical
3) oriented towards service to society
What are four characteristics of an effective code of conduct?
1) They are non-optional, non-aspirational, and non-trivial, so that any violation would justify formal disciplinary action.
2) They primarily protect society.
3) They are as clear as possible concerning what behaviour is acceptable and what is not.
4) They deal with the teachers behaviours, not the content or outcome of professional judgement.
5) They are self-explanatory and do not require undue interpretation or additional materials.
What is the difference between codes of ethics and codes of conduct?
Codes of ethics set aspirational standards. Codes of conduct set minimal standards which must be followed.
What are the four major dimensions of competence?
1) Knowledge
2) Skill
3) Judgement
4) Diligence
What steps may help you to deal with issues involving another teacher ethically and responsibly?
– Confirm the issue
– Consult with colleagues while maintaining anonymity
– Respect student confidentiality: this comes first except in cases of serious physical harm or child abuse
– Speak with colleague directly to rectify the situation
– Involve others in an action plan
What is important about the School Act of 1841?
It allowed for the establishment of school boards and empowerment of trustees who hired and fired teachers as well as governed the schools.
It also gave rights to establish a separate school board for minority religions in a given area.
What is important for schools about the Constitution Act of 1867 and the Charter of Rights and Freedoms Section 93?
It guarantees the rights to have separate Catholic and Protestant (public) schools.
It also guarantees access to education in both official languages (where numbers permit).
Who is responsible for the education of FNMI students?
The Federal Government. It is under section 91(24) and under the Indian Act that the Federal Government will pay for the education of FNMI people. For FNMI people living away from reserves and non-status people the Provincial Government is still responsible.
When was the Alberta Teacher’s Association created?
Teachers associations started in the 1930’s to create some sort of job security for teachers. Internal review boards were established to oversee disciplinary action and firing of teachers.
What is the difference between substantive and procedural law?
Substantive law includes laws that define the right, duties, and obligations of the citizens of the state. Procedural law deals with the procedures by which substantive law is applied.
What is the difference between criminal and civil law?
Criminal law deals with offenses set out in the Criminal Code of Canada. A finding of criminal guilt can result in prison time or fines.
Civil law deals with the resolution of disputes between individuals.
What is tort law?
Tort comes from the Latin word “tortus” meaning twisted or crooked. Tort law serves a number of purposes: compensate a wronged party, set standards of behaviour and enforce them through the threat of civil proceedings, and allows a mechanism for parties to settle differences in a controlled setting.
When was the Canadian Charter of Rights and Freedoms enacted?
April 1982
What are the 5 elements of negligence?
– duty of care
– failure to provide reasonable care
– an injury
– causation between the failure and the injury
– an absence of factors on the part of the injured party that would preclude recovery
What does section 43 of the Criminal Code State?
Every schoolteacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstances.

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