Vote For The Curmies: The Worst In Unethical Education, 2014

Rick Jones2

Every year, blogger Rick Jones (above) announces his “Curmies” (he is the Curmudeon, after all) nominations for “the person or persons who most embarrass the profession of educator.”

I encourage Ethics Alarms readers to vote over at Rick’s blog. Here are his worthy nominees, with Rick’s commentary:

1. James Miller, President B. Kaye Miller, and their co-conspirators at Bergen Community College, who suspended and demanded a psychiatric evaluation of art professor Francis Schmidt for tweeting a photo of his seven-year-old daughter wearing a t-short reading “I will take what is mine with fire and blood” even after it was proven that the line is a well-known pop culture reference to the Game of Thrones. They did finally back off several months later, but it was too little, too late. In mitigation: if you’re both an idiot and completely unengaged in popular culture, that line might actually make you think about recent school shootings. In aggravation: the shirt is obviously inoffensive, the process was obviously flawed, and the school’s defense of their actions is the perfect balance of irrationality and pomposity.

2. A cadre of incompetents at Harley Avenue Primary School in Elwood, NY, who cancelled the school’s traditional kindergarten show because of concern with making their charges college-ready. In mitigation: I can think of none. In aggravation: these people have no comprehension of child development, of what goes into making a show, of real college-readiness, or indeed of anything other than their own hubris, from what I can tell.

3. Secretary of Education Arne Duncan is likely the worst cabinet member of the 21st century, but he outdid even his own high standards of incompetence and arrogance with the proclamation that even students with disabilities will be expected to attain basic standards of reading and math: “We know that when students with disabilities are held to high expectations and have access to a robust curriculum, they excel.” Actually, no, Arne, we know no such thing, and if you think we do, maybe you should get off the hard stuff. In mitigation: I got nothing. In aggravation: Duncan’s plan has no upside, will cost pots of money, and ignores differences between students’ innate ability and preparation while pretending to privilege individuality.

4. Wasatch (UT) High School officials, for puritanically altering female students’ yearbook photos without as much as giving the girls the opportunity to fix their alleged transgressions. In mitigation: there was indeed a sign warning students of the need to obey the school’s dress code. In aggravation: the policy was enforced inconsistently and apparently whimsically. More significantly, the level of sexism involved is positively stunning: boys had their pictures taken with shirts gaping open, tattoos, copious amounts of visible boxer shorts… and a cutline “Studs doin’ what studs do best.” I couldn’t make this up.

5. There were plenty of cases of schools’ and universities’ over-reacting to the Ebola pseudo-crisis. We’re going to give the specific nomination to Cline Elementary in Friendswood, TX, not because their craven stupidity was any worse than that exhibited by several other schools, but because of the distance the teacher in question was from an actual outbreak while traveling in Africa relative to the distance to the nearest confirmed case to the district itself: roughly 11 to 1. In mitigation: there was lots of false information circulating, and parents (especially) were nervous. In aggravation: you’re supposed to be a school. Educate. When people are being paranoid idiots, it is your responsibility to keep your collective heads and do the right thing.

6. The administration of Rhame Avenue School in East Rockaway, NY, for taking teacher Vuola Coyle out of her classroom because her students’ test scores were too good. Yes, too good. It costs the school because students supposedly learn too much in 4th grade and therefore don’t show enough improvement as 5th graders. In mitigation: we haven’t really heard the school’s side of this story. In aggravation: even if everything else is false, the school’s addiction to testing, and to practice testing, is demonstrable.

7.The University of North Carolina for allowing a corrupt system of allowing athletes (especially) to enroll in “paper courses” for the sole purpose of keeping them eligible or off suspension to continue for nearly two decades. In mitigation: the real offenses are in the past, as are the worst of the offenders. But if the release of an investigator’s report marks a new event in the minds of SACS accreditors, it can for Curmie, too. In aggravation: it is impossible to believe that a lot of people currently in powerful positions at UNC didn’t know exactly what was going on and did nothing. And if “everyone does it,” it is the portent of very bad things to come, indeed.

8.Assistant Principal Paula Johnson and the rest of the administration of Bayside Middle School in Virginia for suspending 6th grader Adrionna Harris, who took a razor away from a classmate who was cutting himself, immediately throwing it away. But she dealt with the problem instead of calling a teacher. In mitigation: Adrionna was technically in violation of a rule that actually makes sense if not applied irrationally. In aggravation: the administrators wouldn’t have known about the incident if Adrionna hadn’t told them, so she was punished for being honest as well as being heroic.

In part because Rick was very busy this year, his nominations do not include as many subjects of Ethics Alarms posts as usual: only #2, #7 and #8 of Rick’s nominees were discussed here. On the other hand, Rick left un-nominated some truly awful examples of unethical teachers, administrators and institutions that flipped my bippy, such as, these, currently being assessed as I prepare my Best and Worst of Ethics 2014 list. They are a miserable list too, and include… Continue reading

A Lawyer Argues “Do No Harm” Should Be Added To The Legal Ethics Rules, Thus Proving Herself To Be A Hopelessly Unethical Lawyer

This is Alexa. She'll let you know if your client is good or bad, and whether you should help him. Just ask.

This is Alexa. She’ll let you know if your client is good or bad, and whether you should help him. Just ask.

Lawyer Alexa Van Brunt contributed a jaw-dropping op-ed to the Washington Post over the holidays. It was titled “The ‘torture’ memos prove America’s lawyers don’t know how to be ethical,” and argued that the legal profession needs the equivalent of the medical profession’s “First do no harm” ethical standard.

It was irresponsible for the Post to print such a piece, because it made its readers, most of whom are thoroughly confused about legal ethics already, even more confused. So far, I have yet to find any lawyer who regards Van Brunt’s theory as anything other than laughable, tragic, shocking, or proof that ideology rots the brain. She cannot possibly understand legal ethics or even what the duties of the legal profession are and compose such an embarrassing piece.

Alexa Van Brunt is, we are told, an attorney at the Roderick and Solange MacArthur Justice Center, a Clinical Assistant Professor at Northwestern University Law School and Center, and a Public Voices Fellow with The OpEd Project. This explains a lot. She is a public interest lawyer on a mission, and thus represents only causes that she thinks are good, right and important. Apparently she missed the part of law school where you learn that one of a lawyer’s jobs is to assist non-lawyer clients as they try to accomplish their goals, which they believe are good, right, and important. These often involve engaging in controversies with others, and zero-sum results. Someone is going to suffer “harm.”

In medicine, what “do no harm” means is frequently clear: make the patient better, not worse. There are usually not competing patients, where a limited amount of health must be allotted among suffering human beings. Thus a doctor will not ethically take a healthy heart from a living patient to give to another. In law, however, “Do no harm” would render many disputes beyond legal assistance. Is a defense lawyer who refuses to let a guilty client be convicted by insufficient evidence, jury bias and wrongful interpretation of the law doing harm by freeing a criminal, or is it harm to allow prosecutions to violate due process? Is a real estate lawyer who assists as a company purchases virgin land for the building of a factory doing harm to the environment, or is the lawyer for the environmental group that tries to block it doing harm to the economy?

Van Brunt’s primary focus is the torture issue, but even there, what is “harm” is muddy. Those who supported the use of torture believed that precluding it would place the U.S. population at risk. Alexa defines “harm” as violating international law and the Constitution, but the Constitution, some scholars believe, does not prohibit torture as the CIA practiced it, and in war, doing harm is necessary to win. Who decides whether a litigant who wants to sue for police brutality is going to do harm to public safety, or whether defending a police officer accused of murder will encourage police executions of unarmed men? Who decides, when it comes to  finding that a lawyer violated this new, sensitive ethics rule, what constitutes “harm”?

Why Alexa, of course! She and all those other good people who know with absolute certainty what is right and just in every case—they know what harm is. Just ask them. Meanwhile, client confidentiality is out, because sometimes a lawyer keeping his client’s secrets may cause harm to others. Providing legal advice to banks, defense contractors, auto manufacturers, gun-makers, processed food manufacturers, McDonalds, pharmaceuticals, the Defense Department, the CIA, pro-life organizations (abortion providers don’t harm anyone, of course), the NRA, the Republican Party, this all causes harm…by Alexa’s standards, and she knows best. We don’t need judges or juries, just let the consciences of lawyer and their associations decide which clients are virtuous enough to be worthy of legal representation.

The op-ed is not just absurd, but ignorant and alarming. How can anyone this warped and lacking in understanding of the law and the ethical duties of the profession be teaching at a law school, where she can assist in the minting of new lawyers as ignorant, arrogant and unethical as she is?

Talk about doing harm.

 

Unethical Quote Of The Month: Sen. Claire McCaskill (D-Mo)

“Frankly, it is irritating that anybody would be distracted by which statistics are accurate.”

Sen. Claire McCaskill (D-Mo), in response to Justice Department statistics that show that the “1 in 5 women will be raped on campus” statistics cited by her and other elected officials and women’s rights advocates were not just inflated, but ridiculously so.

"1 in 5! That's outrage..what? It's NOT 1 in 5? It's   more like 1 in 200? OK, now let's not get hung up on statistics..."

“1 in 5! That’s an outrage..what? It’s NOT 1 in 5? It’s more like…1 in 200? OK, now let’s not get hung up on statistics…”

Yes, Senator, isn’t it irritating when stubborn facts interfere with ideological narratives?

Yet it is not half as irritating as knowing that we have so many elected leaders who think like McCaskill. That 20% statistic has been used by the Obama Administration to bully colleges into removing due process and fairness from campus sexual assault allegations, and to push the false impression on the public that there is a rape epidemic, when in fact the incidence of rape, on campus and elsewhere, has fallen precipitously.

In September, when President Obama announced his “It’s On Us” initiative to address college sexual assault, he said that “an estimated 1 in 5 women has been sexually assaulted in her college years—one in 5.” Like the infamous “women make only 77% of what men are paid for the same job” fake statistic that Democrats and women’s rights advocates still repeat despite definitive debunking, it is a number designed to fool the gullible and satisfy those infected by confirmation bias, but it is much, much worse. The recently Justice Department statistics on rape and sexual assault on college age females showed that the chances of a women being raped on campus was 6.1 per thousand, juuust a bit less, at .61 %, than the 20% figure touted by Obama and McCaskill. Continue reading

Ethics Quote Of The Day (Christmas Confusion File): Jonathan Turley

“Best wishes to everyone celebrating Christmas.”

—- Law Professor and blogger Jonathan Turley, wishing at least some of his readers a merry Christmas.

Get ready to duck, Fred!

Get ready to duck, Fred!

Prof. Turley is a lawyer, of course, and trained to express himself with precision. Thus I have to ask: what the heck is he trying to say here?

Is he wishing good tidings only those who, like his family, are celebrating Christmas, and rotten times to the rest? Is he editing the humanist message of Christmas to “Peace on Earth, and good will to those who are putting up Christmas trees and giving gifts, other wise you’re on your own”?

Or, as I fear greatly, given the fact that he is part of the U.S. education establishment and thus prone to have a spine of cream cheese, just observing the trendy political correctness that infects our times, and bowing to those who contrive to take offense when anyone smiles at them and offers a greeting that only says, at minimum, “We’re all in this together, so let’s try to be as good to each other as we can, OK?” Continue reading

KABOOM!* The Most Unethical Anti-Gun PSA Yet

[ If you are new to Ethics Alarms and don’t understand the significance of a Kaboom, go here.]

Should you need any further proof that anti-gun mania turns some people into clinical phobics, melting their ethics alarms and leaving all rationality behind, I give you this, a recent public service video out of San Francisco’s Sleeper 13 Productions:

Could such an ad be more irresponsible? It urges children to

  • Go looking for their parents guns (and why did is the gun in the video where a kid can have access to it?);
  • Pick them  up and handle them (Is the gun loaded?);
  • Steal the guns ( Any gun? Shotguns? Rifles? Semi-automatic weapons?)
  • Take the guns to school, breaking the law in the process;
  • Turn them over to their teachers, who also may have no business handling one.

In the process of this well-intentioned, hysterical brain rot, the PSA also encourages children to be terrified if their parents own a gun, though there is no context at all in the video. Is a parent a cop? An FBA agent? A gun collector? A hunter? A trained marksman? Clint Eastwood? James Bond? Never mind: steal the gun. This attitude is the tell-tale symptom of an anti-gun zealot: it’s the gun itself that is dangerous, and who owns or wields it is irrelevant. Continue reading

We Really Do Entrust Our Precious Children To People Like This…

water-noodles

The headline says it all:

North Kansas City School District apologizes for taking away blind child’s cane

Well, maybe not all…

Eight-year-old Dakota Nafzinger, born blind, attends Gracemor Elementary School in Kansas City, Missouri.*  Like many blind Americans, he uses a white cane to maneuver himself through life.

The school staff decided that the boy’s misbehavior on a school bus warranted punishment, so they took away his cane and

GAVE HIM A SWIMMING POOL NOODLE TO USE AS A SUBSTITUTE !!!!!!!!!!!!!

North Kansas City School District Spokeswoman Michelle Cronk explained that the staff was withing its rights to take away his cane, since it was given to him when he enrolled and thus  it was school property. She might as well have said that the kid should feel lucky they gave him one of those neon colored floating pool noodles to use instead, rather than, say, a garden hose or a live anaconda. The cane was taken away  because the child reportedly  hit someone with it. I suppose if his seeing eye dog had bitten someone, they would have taken the dog away, shot it, and replaced it with a guinea pig or a stuffed animal. Continue reading

“It’s Unethical To Be A Weenie,” Part III: Hypersensitive Law Students

[Part I is here; Part II is here]

“Today’s lecture is on WHAT???????”

This belongs in an emerging sub-category: future legal weenies. We have already seen black law students insisting that they be able to defer exams because the Eric Garner death has them too preoccupied to concentrate, and other law students protest an “insensitive” exam question involving the Ferguson riots. This trend does not bode well for the ability of citizens to receive competent representation in years to come. The latest entry was revealed by Harvard law professor Jeannie Suk, who registers her observations  in the New Yorker.  Suk says rape law is becoming impossible to teach and may be dropped from criminal law courses because many students can’t handle the stress of the subject matter. Criminal law professors at several schools confirmed that they are no longer teach rape law because they fear student complaints.  Suk writes, “Many students and teachers appear to be absorbing a cultural signal that real and challenging discussion of sexual misconduct is too risky to undertake—and that the risk is of a traumatic injury analogous to sexual assault itself.” Continue reading

Encore: “Ethics Call To Arms: Fight the ‘Fuck You!’ Culture”

 

kid fu

[This happens sometimes with 5000 posts in the bank: some topic causes me to find one that I can’t even remember writing, and I realize that I still agree with it, and if I forgot about, everyone else probably did too. The previous post led me to link to this one, and I decided that the list of steps I recommended to try to halt the culture’s slide into permanent vulgarity and incivility was worth re-posting, especially since five years ago the blog got less than a fifth of the traffic it does today. Thus I am re-posting this one, slightly edited to remove a few rhetorical excesses and outdated references, from November 18, 2010.]

“Every action done in company ought to be with some sign of respect to those that are present.”

This was the very first edict in the list of civility rules memorized by George Washington as a child, rules that shaped his character and significantly influenced not only his life and career but the fate of America. Like most of Washington’s 11o rules, the first has universal and timeless validity, pointing all of us and our culture toward a society based on mutual respect, caring, empathy, and fairness.

Recently, however, there has been a powerful cultural movement away from George’s rules and the culture of civility that they represent. Rudeness has always been with us, of course, and public decorum has been in steady decline since the Beatniks of the Fifties, to the point where it is unremarkable to see church-goers in flip-flops and airplane passengers in tank-tops. Something else is going on, however. Like the colored dots of paint in a George Seurat painting, isolated incidents and clues have begun to converge into a picture, and it is not one of a pleasant day in the park. I believe we are seeing a dangerous shift away from civility as a cultural value, which means that we are seeing a cultural rejection of ethics. Continue reading

The Professor and the Insensitive Law School Exam Question

"Go ahead, tell Prof. Kingsfield that his exam is unfair because it triggers your emotions and you can't think straight. I dare you."

“Go ahead, tell Prof. Kingsfield that his exam is unfair because it triggers your emotions and you can’t think straight. I dare you.”

A Constitutional Law exam at UCLA Law School included this question:

CNN News reported: On Nov. 24, St. Louis County prosecuting attorney Robert McCulloch announced in a publicized press conference that Police Officer Darren Wilson (who has since resigned) would not be indicted in the August 9 shooting of Michael Brown. Michael Brown’s stepfather, Louis Head, was with hundreds of protesters assembled outside the police station, listening on loudspeakers and car radios when they learned Officer Wilson was not being charged. Standing on the hood of a car, Mr. Head embraced Michael Brown’s mother. Mr. Head asked someone for a bullhorn but it was not passed to him. He turned to the crowd, stomped on the hood and shouted, repeatedly, “Burn this bitch down!”

Police Chief Tom Jackson told Fox “News,” “We are pursuing those comments … We can’t let Ferguson and the community die [as a result of the riots and fires following McCulloch’s announcement]. Everyone who is responsible for taking away people’s property, their livelihoods, their jobs, their businesses — every single one of them needs to be prosecuted to the fullest extent of the law.”

County Attorney Robert McCulloch asks lawyers in his office whether to seek an indictment against Head by relying on a statute forbidding breach of the peace and another prohibiting rioting (six or more persons assembling to violate laws with violence). A recent hire in the office, you are asked to write a memo discussing the relevant 1st Amendment issues in such a prosecution. Write the memo.

The question is a fair and legitimate one, and very typical of law school exams, which often ask students to apply course content to current events. Nonetheless, it provoked a controversy.

Shyrissa Dobbins, a second-year law student in the course and is chair of the Black Law Students Association, complained, “Daily I think about Michael Brown and Eric Garner, and I have a challenge. Every day I think about this injustice and how I’m in a law school that won’t even make a statement about it.” Hussain Turk, a second-year law student who took the exam, argued that  exams should not ask students to address controversial events, and that the question was unfair, as it could be more emotionally difficult for black students to answer. “These kinds of questions create a hostile learning environment for students of color, especially black students who are already disadvantaged by the institution,” Turk said.

There is only one proper rebuttal for this foolishness:

“Grow up, deal with your biases, start thinking like lawyers or find a profession you can handle.”

Pathetically, the law professor, Robert Goldstein apologized in an email in an e-mail to students, saying, “I recognize … that the recent disturbing and painful events and subsequent decisions in Ferguson and New York make this subject too raw to be an opportunity for many of you to demonstrate what you have learned in this class this year,” and promised to discount scores students receive on the question if it lowers the overall score of the student.

Law school Dean Rachel Moran added to the misplaced sensitivity-fest, and her e-mail, said…

“In retrospect, however, he understands that the question was ill-timed for the examination and could have been problematic for students given the anguish among many in our community over the grand jury decisions in the Michael Brown and Eric Garner cases.”

Observations: Continue reading

Smith College President Kathleen McCartney’s Apologizes For Saying “All Lives Matter”: Is There A Problem?

Damned if you do, damned if you don't.

Damned if she does, damned if she doesn’t.

There is a problem, all right, but not the one you might think—at least not this time.

Smith College President Kathleen McCartney attempted to  show support for her students  protesting racism and police brutality by sending a campus-wide email titled, “All Lives Matter.” But the official slogan of such protests is “black lives matter.” McCartney immediately came under fire from black students and others, accusing her of minimizing the specific nature of her concerns. “No, Kathy. Please do not send out an email saying ‘All lives matter.’ This isn’t about everyone, this is about black lives,” Sophia Buchanan, a Smith student, in a typical critique.

The college President apologized several hours later, saying that she hadn’t thought about the fact that “all lives matter” was being used by some as a rebuttal to “black lives matter”:

“I regret that I was unaware the phrase/hashtag ‘all lives matter’ has been used by some to draw attention away from the focus on institutional violence against Black people…. “It minimizes the anti-blackness of this the current situation; yes, all lives matter, but not all lives are being targeted for police brutality. The black students at this school deserve to have their specific struggles and pain recognized, not dissolved into the larger student body.”

That statement put her in the cross-hairs of the “conservative media” and others, who treated it as a full-fledged “gotcha!” What??? Saying that all lives matter is offensive now? What next Orwellian proposition will political correctness bullies demand from spineless college administrators? Continue reading