Running Head: ETHICS AND LEGAL RESPONSE

American Public Education System (APUS)

Department of Education

EDUC 670: Educational Law, Ethics, and Politics

Case Study #2: Ethics and Legal Response

Dr. Tricia Gutman

February 7, 2018
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Case Study

Daystar High school is a public Catholic school that serves the students and the local

community. It has employed a school chaplain that takes care of the students through canceling

and hearing their confessions as per the church practice and doctrines. The chaplain has served

the school and the community for many years and is a respected member of the community. He

is viewed as a local leader in the community due to is good problem-solving abilities and needs

to help the school and community by initiating and doing community projects.

One morning, a 19-year-old student approaches the chaplain and confides in him during

confession that her boyfriend who they stay with sometimes beats her and now the boyfriend has

threatened to kill her if she does not do what she wants. The student is upset and scared that his

life is in danger but doesn't want to live the boyfriend because she claims that she still loves him.

The school chaplain looks at the matter and views that he has a moral and ethical

obligation to report to the police a potential crime that can happen to lead to loss of life. The cops

come and interview the student, but the student refuses to admit to the confession saying that she

was quoted out of context and that the boyfriend was joking around. The police refuse to pursue

the matter further, through arrest and investigations as no evidence suggests an actual threat is

committed.

When the police have gone, the student tells the chaplain that she did not inform the

police about her boyfriend’s threat as he is the only breadwinner and provides a livelihood for

her. She also fears about what the boyfriend might do if the police confront him about the matter

and would, therefore, want to solve the matter amicably. The chaplain is in a dilemma between
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staying with a female student in the school compound until the issue is resolved or letting her go

back to the boyfriend with the threat still pending.

Legal Obligations

The chaplain is legally obliged by the law to report any threats he hears during confession

that may put the life of students at risk (Aprile, 2009). Death threat laws vary in different US

states, but it is an offense to knowingly utter or convey a threat to cause death or bodily harm to

any person (Aprile, 2009). The chaplain`s failure to report the threat may lose his job.

Ethic of Critique

Under the ethics of critique, the student is going to benefit as the chaplain will come up

with a decision that ensures she protects her from being oppressed whereas the boyfriend too

benefits as the law will let him walk scot free even though he is a threat to the student. The fact

that the student did not report the boyfriends does not mean he should escape the law. There

should be laws that compel law enforcers to investigate the matter and when it is obvious

someone is trying to cover for the other (Schijndel, 2009).

The demand of the school, in this case, is not high as the student is an adult and therefore

with her consent, the chaplain can look for her a place to shelter as the matter is resolved. If the

benefits accrue to the school, the student is going to benefit from it.

Ethics of Justice

The person who suffers from the outcome of ethics of justice is the marginalized party

that has no law protecting her or him. In this case study, the student is going to suffer as under

this ethics the law will protect the boyfriend as expose the girl to harm (Aprile, 2009).
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The demands on the individuals are too great as the chaplain cannot make his decisions outside

the law making it harder to help the student. The student also is left vulnerable as she can be

abused by the boyfriend (Kentel, 2011). If benefits accrue to the individual, the boyfriend will

go scot free until concrete evidence is found or the girl agrees to talk (Aprile, 2009).

Ethics of Care

Under the ethics of care, the chaplain is supposed to show compassion and care to the

students and ensure their well-being is safeguarded. The chaplain is supposed to conduct himself

professionally still when dealing with sensitive matters and therefore embrace ration decision-

making process (Schijndel, 2009). The decisions that he makes from this perspective of ethics

should foster and strengthen the relationship between the chaplain and the student.

Ethics of Discourse

Any person excluded from the discourse is one who is identified in the

presupposition stage to not appear in the discourse. The discourse demands are met as a result of

establishing normative or ethical truths. The quality of the discourse cannot be changed together

with the decisions arrived at (Schijndel, 2009).

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References

Aprile, A. (2009). Child Sexual Abuse; Pitfalls in the Substantiation Process. New York: Nova

Science Publishers.

https://www.definitions.uslegal.com/t/threat/

Kentel, A. J. (2011). Educating the young: The ethics of care. New York: Peter Lang.

Luegenbiehl, H. R. (2017). Global Engineering Ethics. Oxford: Elsevier.

Schijndel, R. M. (2009). Confidentiality and Victim Offender Mediation. Portland: Maklu.