Ethics Observations On The Black Baltimore HS Student Near The Top Half Of His Class Despite A 0.13 Grade Point Average

Augusta Fells

The story, from the ABC local affiliate, is here. A quick summary:

Baltimore City mother Tiffany France’s reached out to local TV stations to complain when she learned that her 17-year-old son, who attends Augusta Fells Savage Institute of Visual Arts in west Baltimore, will not only not graduate this year, but will be returned to the 9th grade. His transcripts show him passing just three classes in four years, earning 2.5 credits. France says she didn’t find that out until February, and thought her oldest son was doing well because was being promoted. He failed Spanish I and Algebra I but was promoted to Spanish II and Algebra II. He also failed English II but was passed on to English III. In his first three years at Augusta Fells, the boy failed 22 classes and was late or absent 272 days. France says, however, that despite what school policy requires when a student is absent, she was never contacted. Maybe that’s because, on a curve, he was doing fine. France’s son’s transcripts show his class rank is 62 out of 120, meaning about half his classmates, have a 0.13 grade point average or lower.

The ABC story concludes,

“Project Baltimore asked the City Schools administrator what they would say to France. The administrator replied, ‘I didn’t have a hand on this student, but I worked for City Schools. So, he is one of my kids. I would hug her, and I would apologize profusely.’ ‘He feels embarrassed, he feels like a failure,” France said of her son. “I’m like, you can’t feel like that. And you have to be strong and you got to keep fighting. Life is about fighting. Things happen, but you got to keep fighting. And he’s willing, he’s trying, but who would he turn to when the people that’s supposed to help him is not? Who do he turn to?‘

Observations:

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A New Victim At Umpqua Community College

Umpqua

The name of the school was so familiar, I thought I had already written on this issue. But no: the past Ethics Alarms pieces were related—dimly–to the fate of student Kaylyn Willis, but this ethics outrage in involving her is new. In 2015 there was a mass shooting at the school, prompting the usual eruption of finger-pointing and dishonest claims by the anti-gun hysterics. I wrote about the latter here and elsewhere. Obviously, the tragedy is a raw wound, but that’s no excuse for what the school has done to Willis.

In the winter 2021 term, Willis enrolled in “Chronic I,” a class taught by Patrick Harris. Harris assigned students to use “critical imagining” to create stories from the perspective of a person suffering from a chronic disease. For a May, 2021 assignment, Harris asked his students to reflect on the support systems of chronically ill individuals and how a person with a chronic illness might respond to the sudden and unexpected loss of such support. Willis imagined a scenario in which a woman suffering from ALS shoots her husband, who is also her primary caretaker. Her fiction was based on a real case where a jury found a man “not guilty” of murdering his wife and sister-in-law because he suffered from ALS-related mental health issues. She posted her assignment on-line, as she had been directed to do.

Harris, it is fair to say, flipped out. He gave Willis an F, saying, “Do you honestly think that your post on a nursing school assignment was appropriate? Joking about killing your husband? I’m really questioning your critical thinking if you think this was an appropriate discussion post.”  Harris indicated that he viewed her story as particularly offensive after the 2015 shooting on UCC’s campus. 

School officials informed Willis that she was expelled from the program because her post violated its handbook prohibiting “[a]cts which are dishonest, disrespectful, or disruptive.” The Grievance Panel’s written decision stated that Willis’ post was “insensitive” and “failed to take into consideration the events of UCC’s past and the impact her post could have.” Her appeal was denied and she is now unable to seek admission to any other Oregon Consortium Nursing Education programs.

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Chilling Tales Of The Great Stupid: Bette Midler’s Tweets

Midler tweet 2

Midelr tweet 3

I love these tweets! The pop music and Broadway diva and actress has provided a cultural, political, anthropological and philosophical artifact for the ages. I could write a book about these twin tweets and what they tell us, not just about Midler, but about a society that produces the kind of celebrity who would produce them.

Where to begin? Well, taken together they are not unethical tweets: I might even argue that they are ethical, because they publicly declare to the world, “I am a complete and utter idiot, and not only do I lack the critical thinking skills of a three-toed sloth, I suffer from a near terminal level of the Dunning-Kruger Effect, being both unable to discern just how stupid I am, but also unable to comprehend the consequences of advertising my disability to the public.” Now there is no excuse for anyone considering having an interaction of any kind with Midler that involves trust—letting her baby-sit a child, for example, or even a guppy—and thus to make the mistake of relying on her judgment. She has none, and has been considerate enough to proclaim it. (Not that she hadn’t provided plenty of evidence before.) The tweets make the world safer. How many social media posts do that?

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Ethics Observations On The Antifa School Teacher Scandal

Gipe

A “reporter” (I use the word loosely) for James O’Keefe’s Project Veritas somehow got Gabriel Gipe (above), an advanced placement teacher at Inderkum High School in Sacramento, California, to blather on happily about how he was indoctrinating his students in Marxist ideology and was proud of it. All of this was recorded, as is Project Veritas’s way. Gipe said, in part,

“I have 180 days to turn them [students] into revolutionaries…Scare the f*ck out of them… I’m probably as far left as you can go….I post a calendar every week…I’ve had students show up for protests, community events, tabling, food distribution, all sorts of things…When they go, they take pictures, write up a reflection — that’s their extra credit…So, they [students] take an ideology quiz and I put [the results] on the [classroom] wall. Every year, they get further and further left…I’m like, ‘These ideologies are considered extreme, right? Extreme times breed extreme ideologies.’ Right? There is a reason why Generation Z, these kids, are becoming further and further left…I have an Antifa flag on my [classroom] wall and a student complained about that — he said it made him feel uncomfortable. Well, this [Antifa flag] is meant to make fascists feel uncomfortable, so if you feel uncomfortable, I don’t really know what to tell you. Maybe you shouldn’t be aligning with the values that this [Antifa flag] is antithetical to…Like, why aren’t people just taking up arms? Like why can’t we, you know — take up arms against the state? We have historical examples of that happening, and them getting crushed and being martyrs for a cause and it’s like — okay well, it’s slow going because it takes a massive amount of organization…I think that for [left-wing] movements in the United States, we need to be able to attack both [cultural and economic] fronts. Right? We need to create parallel structures of power because we cannot rely on the state…Consistently focusing on education and a change of cultural propaganda. We have to hit both fronts. We have to convince people that this is what we actually need…There are three other teachers in my department that I did my credential program with — and they’re rad. They’re great people. They’re definitely on the same page.”

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Ethics Dunce: The University of Wisconsin-Madison

uwmadisonflyer

That flyer above may tip-toe through the legal tulips adequately (though I would love to see it challenged), but it stomps its way through the garden of ethics.

The University of Wisconsin-Madison will host a “Welcome BBQ” on September 12, four days after the start of the academic year “intended” only for students of color. White, like everyone else, are “welcome,” of course, but they have been warned that the event isn’t “intended” for them. “We don’t want you white devils to come, but you’re ‘welcome’ if you do.” Boy, I bet the legal staff worked long and hard on that wording. They should have worked harder. If a “welcome barbecue” is only intended for one type of student, how are other students still “welcome”?

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There Are More Important Ethics Stories On The Runway, But This One Gets Priority Because It’s Soooo Stupid…

Resolute-Athletic-Complex-Columbus-OH-Sports-Club-exterior

ESPN, which we can now safely conclude is incompetent as well as being unethical in that very special way the Great Stupid demands, released this statement:

“We regret that this happened and have discussed it with Paragon, which secured the matchup and handles the majority of our high school event scheduling. They have ensured us that they will take steps to prevent this kind of situation from happening moving forward.”

What was “this kind of situation”? Oh, just a national sports network televising a high school football game between one of the the top teams in the nation and a fake team fielded by a fake high school. That’s all.

On Sunday, ESPN broadcast a high school football game between featuring Florida’s IMG Academy, one of the top rated teams in the country, and Ohio’s Bishop Sycamore, an obscure high school with a team nobody has written about or paid much attention to. ESPN had been assured by Bishop Sycamore—schools get compensated when their teams’ games are televised– that its football squad was stacked with top players. Uh, no. This was a primetime match-up on ESPN, but nobody there did any due diligence to check on the juggernaut IMG Academy’s competition. IMG won by the heart-pounding score of 58-0. The broadcasters were reduced to telling funny stories and expressing concern that the Bishop Sycamore players were at risk of serious injury.

But wait! There’s more!

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Now I’m REALLY Sorry American University Dropped Me As An Adjunct Legal Ethics Professor, Because I Can’t Resign In Protest Now

1943_Colored_Waiting_Room_Sign

American University in Washington, D.C. has a course called AUx2 which freshmen must take. Students will learn about “race, social identity, and structures of power.” In the course, students “evaluate how racism intersects with other systems of oppression.”

The campus paper, “The Eagle” reports that the university has all-Black sections in the course, and has since last year. “We’ve definitely heard from Black students and other students of color that the material can be a lot for them because it is part of their lived experiences,” Izzi Stern, the AUx program manager told the student newspaper. “And we wanted to create a space where they could be together in community and have an overall positive experience with the course.”

On the university’s webpage, a former AUx2 student says, “The AUx Program is fundamentally shifting the culture, and students, of American University, while simultaneously fulfilling the institutions’ commitment to social justice and equity. I could not be more enthusiastic about my support for the transformative impact of the AUx2 course.” A sophomore at American University told the paper that “having an all-Black space truly changes the way you interact in that space and the level of comfort you feel.”

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Shameless Self-Promotion Dept: “Legal Ethics Serenade”

mike-messer

Tomorrow at 9 am, I’ll be launching the latest ProEthics musical CLE (Continuing Legal Education) seminar for the New Jersey State Bar. It’s called “Legal Ethics Serenade,” and is being zoomed. As with my other musical presentations, the great Mike Messer accompanies himself on guitar and occasionally other instruments as he belts out parodies of rock and pop classics retooled to raise complex legal ethics issues. Mike has been my muse for more than a decade. This time, he’ll be doing versions of “I’m a Believer,” “Oh Darling,” “Hello Mary Lou!,” “50 Ways to leave Your Lover,” “I’d Like To Teach The World To Sing,” “Why Don’t We Di It in the Road?,” Elvis’s “Are You Lonesome Tonight?,” “You Were Always On My Mind,” and “Take Good Care of My Baby,” all followed by legal ethics musings by me, and, I hope, lively debate.

If any readers are New Jersey lawyers in search of ethics credits, the information is here.

We now return you to our usual programming…

Ethics Hero: Verda Tetteh

Here I am, always desperately searching for positive ethics stories, and there was a great one sitting for two months in my “Read This” file…

Verda Tetteh, a 17-year-old Fitchburg, Massachusetts high school senior, was already accepted into Harvard (poor kid!) which is going to pay her tuition, room and board. She also had qualified her other scholarships that would cover her college expenses. Her guidance counselor still urged her to go for another one, the $40,000 local award called “The General Excellence Prize.” Every year the prize goes to one male and one female student selected by a committee of teachers, administrators and guidance counselors

Verda applied to shut him up, essentially, assuming she would never win. But she did. She found out at her graduation ceremony on June 4, when the assistant principal of Fitchburg High School announced to the audience that she was the winner. Surprised, she accepted the award, thought hard as she walked away, then turned and walked back to the podium.

“I am so very grateful for this, but I also know that I am not the one who needs this the most,” Verda said, her voice shaky. “I would be so very grateful if administration would consider giving the General Excellence scholarship to someone who is going into community college.”

Her fellow classmates and the crowd rose to give her a standing ovation.

Ethics Hero.

Wow.

Monday Morning Ethics Warm-Up, 8/23/2021: Farewell Everly Brothers And Other Problems

Don Everly has died, and that’s the end of the Everly Brothers (Phil died years ago), one of the most influential and perhaps the most harmonious singing group of all time. The unique sympathetic vibrations that only sibling singers seem to be able to achieve is a marvelous metaphor for the ethical benefits of teamwork and trust.

This date also marks the demise of another famous duo: despite worldwide demonstrations in support of their alleged innocence, Italian-born anarchists Nicola Sacco and Bartolomeo Vanzetti were executed for murder in Massachusetts in 1921 .On April 15, 1920, a paymaster for a shoe company in South Braintree was shot and killed along with his guard. The murderers, who escaped with more than $15,000, were described by witnesses as two “swarthy Italian men.” Sacco and Vanzetti were arrested and charged with the crime. The men carried guns and lied to the police, but neither had a previous criminal record, and they definitely didn’t get a fair trial by modern standards. Prejudice against Italian-Americans was strong, and suspicion of anarchists was stronger. The pair was convicted on July 14, 1921, and sent to the electric chair on August 23.

A TV dramatization of their case, written by Reginald Rose (who authored “Twelve Angry Men”) made a huge impression on me as a child, and sparked the first stirrings of my interest in the law. In 1961, a test of Sacco’s gun using modern forensic techniques proved that it was his gun that killed the guard; he, at least, was guilty, but there was little evidence to implicate Vanzetti in the killing. To make this ethics train wreck complete, Massachusetts Governor Michael Dukakis ignored the evidence of Sacco’s guilt and issued a proclamation exonerating both Sacco and Vanzetti and proclaiming that no stigma should be associated with their names.

Typical of Dukakis.

1. Accountability? What accountability? “Sources”—and I stipulate that un-named “sources” are untrustworthy—tell various news outlets that “President Biden isn’t inclined to fire any senior national security officials over the chaos in Kabul unless the situation drastically deteriorates or there’s significant loss of American life.” That sounds as likely as it is depressing. The reluctance of American Presidents to fire subordinates for gross incompetence has become the norm rather than the exception, and the trend ensures that our government, whoever is the President and whatever party is power, will continue to decline in competence and trustworthiness. Consider President Bush’s refusal to fire any of those responsible for the botched intelligence regarding Iraq’s WMDs, and later Abu Ghraib, or my personal favorite, Barack Obama’s refusal to acknowledge the gross incompetence of Kathleen Sebelius, his Secretary of Health, after her inexcusable reliance on a flawed website to launch the Affordable Care Act.

Dumber still is the qualification “unless the situation drastically deteriorates or there’s significant loss of American life.” Morons. Morons! Whether the situation gets worse or not is pure moral luck; it doesn’t change the utter incompetence of the Afghanistan abandonment. Imagine a babysitter who gives a toddler knives to play with, and a parent whose reaction is, “Well, the kid wasn’t hurt, so there’s no reason to fire her.” That is literally what the reasoning at the White House is…if “sources” are accurate.

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