What is my ethical responsibilty?
July 31, 2006 10:05 PM   Subscribe

I feel it is unethical to want this student out of my (college) class, but I can't help but think of him as a murderer. Should I talk it out with him? Should I get a lawyer? (... or just get more life insurance).

I thought the name sounded familiar, so after the first day I googled and found ... yes, he is the same student who was taken out of my class by police about three years ago: I learned of the crime and charges on the evening news. The next day the student's friend was upset; he said enough for me not to want to know more (the friend was arrested later that day - as the "driver" for the crime). The crime? A man was shot point blank in his chest several times -- in his carport in a quiet residential area. Five men were on trial - four were affiliated with a known gang. Although the police found firearms, the student's weapon was never found.

So what happened since that arrest? Why was this student back in my class? I googled again and found that, while one of the arrested men was convicted of manslaughter, the student was in a separate trial. His ended in a hung jury. A second trial also ended in 'jury misconduct' and a mistrial. The judge granted the defense request for no more trials (per the constitution). The judge agreed; the student was set free. The prosecutor is appealing the dismissal.

BTW, in my googling I found that this student had a previous history of violence -- five felony convictions for multiple counts of terroristic threatening, reckless endangerment and a firearm offense.

Now he sits in my classroom next to unsuspecting young people -- and he seems to be completely comfortably poised, looking and acting like an ever so attentive and serious student. I am absolutely unnerved.

I thought I could act like he is just another student, but after the second class I know I can't. I am sensing that he knows that too.
posted by Surfurrus to Grab Bag (20 answers total)

This post was deleted for the following reason: too easy to google details, removed at poster's request.

 
I agree with acoutu.

That said, if you feel that you cannot effectively teach this person, speak to the dean or the head of your department.

Are there any resources available to you as an instructor to help you deal with tough situations like this?
posted by bedhead at 10:21 PM on July 31, 2006


Criminal records are common. Violent criminal records somehwat less so. That said, you are likely to have another such offender in your class in the future. The only difference is that you know it for sure this time.

I think he has every right to be there. Your discomfort shouldn't be reason enough to have him removed.

Can you ask to trade classes with another teacher? If you were taching, say, first-year math, there would surely be more than one sitting a week in most schools, although I guess it would be less likely if you were teaching, say, upper-level kinesiology or somesuch.
posted by solid-one-love at 10:29 PM on July 31, 2006


Ethically you should teach the class. The person hasn't been found guilty. Therefore, in the eyes of the state and society, he is not. To be quite honest, a news report isn't knowledge of the situation. He might be not guilty.

Practically, you need to find a way out of the class. Regardless of the ethical thing to do, it is your ass on the line.
posted by Ironmouth at 10:31 PM on July 31, 2006


Response by poster: Thank you -- I have just sent email to Matt and Jessamyn. I appreciate your concern.

And, yes, I am meeting with admin (again) about my concerns, but so far they 'really don't see any problem'.
posted by Surfurrus at 10:33 PM on July 31, 2006


Acoutu is right. I just googled it, and it took no time to pull up the info. Definitely edit it.

As for your question, I don't know that you can have him removed. And if you could, would you be any more at ease? I would think not, because wouldn't you worry about whether or not he was angry about being removed? I would think carefully, especially since gang members were involved.

I can relate on a level, because I am a student and tutor athletes at my school. One of the guys I tutored is going on trial soon for assaulting two different female students, beating them unconscious, and raping them. Even before it happened, I knew there was something wrong with him. He was creepy and shady. His former teammates tell me, when they find out I tutored him, that I'm lucky I didn't get raped. What did I do about it? I kept everything professional, talked about the subject being tutored and only that, and I made damn sure that I was not alone with him.

I feel for you. Bad people are all around us. Don't let him scare you, and don't let him know you are scared. I don't really think I gave you the advice you wanted, but I just wanted you to know that I feel for you, and wish you luck with the situation.
posted by bolognius maximus at 10:41 PM on July 31, 2006 [1 favorite]


Hold on, I think you've answered your own question:

In these circumstances, you have to be professional. What happened or might have happened outside the classroom doesn't have any bearing on your obligations as a professor. His conviction still seems uncertain. You might have a reason if he had been found guilty and was appealing the decision. But as it stands now? He was accused of a crime, and tried for what appears to be a protracted period.

I teach Finance part time at a University here in London, and just happen to be American. A few terms ago I had an Iranian student once who was virulently anti-American, actively participating in an on-campus group that organise demonstrations, etc. I certainly didn't know but Administration brought it to my attention.

She didn't bring it into the classroom, and I was glad to work with her. I like to think that maybe, in some small way, I changed her perception of Americans.
posted by Mutant at 11:02 PM on July 31, 2006


Ironmouth writes "Ethically you should teach the class. The person hasn't been found guilty. Therefore, in the eyes of the state and society, he is not. To be quite honest, a news report isn't knowledge of the situation. He might be not guilty."

I'd have agreed until I googled and read news reports. Were the instructor me, I'd feel intimidated by a student who, though acquitted in this particular crime, has been found guilty of another crime in which he demonstrated a (literally) hair-trigger temper and willingness to resort to great violence at only minor provocation.

(Obviously, to protect the poster after Jessadmyn has edited the post, I'm not going into details; suffice to say, in another case, the jury found him guilty and the facts of the case demonstrate he's a violent hothead at best, willing to risk the lives of innocent children and unafraid to attack armed law enforcement personnel. It's not difficult to imagine that he'd have few qualms and little remorse over threatening or attacking instructors and students, at the drop of a hat.)

Feeling in fear for my personal safety and the safety of my other students, I'd argue to the school administration that that fear would prevent me from effectivelty teaching the other students (especially if, as seems likely, effective teaching might require admonishing or correcting student in question, or even giving him an adverse grade, which given his history might well suffice to set him off), and would create a hostile work environment for me.
posted by orthogonality at 11:21 PM on July 31, 2006


The odds of him actually victimizing you this semester are vanishingly small. Ask yourself if you are really acting because you are afraid he will harm you, or because you are repulsed by the stigma that stains a convicted felon. To add to what another poster has said, whenever I teach large classes I simply take for granted that there are rapists, drug dealers and robbers in the room. Most crimes of this nature aren't even reported, let alone result in arrest or conviction, so he may not even be the scariest guy in class. Besides, he may also be under the care of a psychiatrist as a condition of his probation for the earlier crimes. If your institution has seen fit to let him enroll, I think you should teach him. (Easy for me to say, I know.)
posted by Crotalus at 11:49 PM on July 31, 2006


First off, I am a mature age student who is back studying at undergraduate level. I sit in the class every day and have increasing respect for the bravery of the teachers who stand up in front of hundreds of mostly unknown young people and try to improve their lives without showing favoritism. I am also not the easiest character to deal with in class, at times being somewhat rude in my opinions, but I can see and feel the lecturer facing up to the challenge and doing his best to focus on his job and not the personalities and always assuming we are all here to learn.

Personally, I don't think I am brave enough to put myself in that position. If it were me, I would do everything necessary to protect myself.

Having said that, if the guy is being attentive and serious about studying, maybe he is trying to change his ways. I think college is often a sanctuary for people to change and to grow. If you took that sanctuary away for him by looking for the criminal in him and not the student, you might take away his hope for change. I am quite certain that any willingness you offer to improve his life and help him learn, he will sense and respect.

If his behavior changes and he appears overtly agitated or disruptive in class, it is then that you might want to seek further advice but don't expect it or encourage it by closing your mind to the possibility that he genuinely wants to be a good student and learn from you.

Disclaimer: The above two paragraphs are the brave and honorable side of myself talking.
posted by zaebiz at 12:39 AM on August 1, 2006


I think it might be educational for you to contact individuals who teach university-level courses inside prisons and/or the professional associations that support them. You have the opportunity to learn a lot, to help this student learn, and to help the other students learn as well.
posted by By The Grace of God at 2:27 AM on August 1, 2006


Mod note: removed specific quotations from the original post at poster's request and also from Mutant's post, sorry
posted by jessamyn (staff) at 4:13 AM on August 1, 2006


One thing's for certain: the administration of the school has had a similar discussion about this student before allowing him to re-enroll. At the very least, approach the administration with your concerns and hear what they have to say. They may have more information about him, and your concerns will at least be noted.

Intellectually, I'm with the "criminals deserve another chance, too" crowd. Emotionally, I'm with you, and I'd hope that your administration would support you if you decide you don't feel safe around this student. But I guess I hope you don't decide that without evidence of bad behavior in your class.
posted by mediareport at 4:38 AM on August 1, 2006


[I should say, "One thing is almost certain..."]
posted by mediareport at 4:40 AM on August 1, 2006


Actually, since colleges DO remove students for cheating, hazing, crimes and other reasons, I don't see why it would be unreasonable to deny a student admission based on a criminal record and/or potential harm to other folks on campus.

Five felony convictions? Five? Jeezus.

What kind of a college says this is just the kind of student that we're looking for? Is some kind of a social experiment where the OP might pay the cost if it fails?

As for the comparison to teaching prisoners in jail, there is none. Prisons involve guards and supervision. You don't have that in the classroom.

I don't think that the OP is being unreasonable. I'd hate to have to be the one who flunked this student if he doesn't make the grade.

Get your objections on record, OP in case anyone gets hurt. Depedning on your job security level, you might want to point out that the college should meditate on the word LIABILITY.

...oh yeah, in another lifetime I taught at several colleges. Most were private. This student never would have been readmitted IMHO.
posted by bim at 4:57 AM on August 1, 2006


But I guess I hope you don't decide that without evidence of bad behavior in your class

Um...how much more evidence do we need? Does he get a free pass everytime he's in a different environment/location?

And I think that an argument could be made that the administration should have said something to the OP before the class started. Folks are entitled to a safe work site including at colleges.

Let the department chair teach the felon if they are so hell bent on providing him with a SIXTH chance. Or he can resume his studies on his next stint in prison. I prefer to be part of the reality based community.
posted by bim at 5:39 AM on August 1, 2006


And, yes, I am meeting with admin (again) about my concerns, but so far they 'really don't see any problem'.

Well that surprises me not. Don't you have a faculty association or a union to whom you could address your concerns?
posted by Neiltupper at 5:47 AM on August 1, 2006


a clarification: I do not think that the situation the OP is in and the job of prison educators is completely comparable, but the prison educators may certainly have tips for the OP in terms of security awareness and pedagogical methods.
I would recommend to the OP that they follow the official guidelines to the letter when complaining about this student. Otherwise - assuming the student has reenrolled with the administration aware of his criminal history - the OP may risk a discrimination complaint.
posted by By The Grace of God at 5:47 AM on August 1, 2006


While it's unlikely that this student will turn around and cap somebody in the face in the middle of class, instances of teachers receiving threats from students (or worse, threats from their superiors on behalf of prominent students) over grade disputes are shockingly common. Both my parents teach college-level courses, and they have each received numerous threats over the years from disgruntled students or disgruntled parents.

My father teaches upper-level courses at a 4-year college; my mother teaches lower-level general ed courses at a community college. My mother, in 5 years, has received more threats than my father did in 35. Is it because a) she's a woman? b) she's teaching courses required for all students by the general curriculum? or c) she's teaching at an open-enrollment community college? I don't know, but I think all 3 are contributing factors. I suspect that the OP is dealing with at least one, if not all 3, of these same risk factors -- and getting no support from the administration to boot.

If you can't remove either yourself or the kid from your class, walk carefully down the path of least resistence. No grade lower than a 'C,' no matter what kind of work he does. No confrontations in class, just smiling and nodding. You will pass this student no matter what. I don't know how long you've been teaching, but experienced teachers know that your "ethical responsibility" as a teacher runs right up to the point where your family, your life or your livlihood are threatened -- and at that point your ethical responsibility is to circle the wagons. Grade integrity? Fuck that. You didn't sign up to be be Edward James Olmos here. Every teacher who's been in the classroom more than a few years has done this for one reason or another, they just don't talk about it. Don't be unnerved, just make it clear that this is going to be an easy class for this guy to pass, and you will be fine.
posted by junkbox at 6:28 AM on August 1, 2006


I guess you tried to make the case harder to google, but I found it pretty readily. It sounds like this guy is a follower, tagging along with his gang buddies and doing whatever they say (allegedly). He's unlikely to be a problem on his own in school.

I think you need to suck it up. You can't always have ideal people in your classes.
posted by thirteenkiller at 6:29 AM on August 1, 2006


I agree with thirteenkiller, on both counts. It's still way too easy to Google (the key phrase in the third paragraph from the bottom should be removed); and it really seems like, while he participates in gang violence, he isn't likely to do anything spontaneously to you or his classmates.

At least, I doubt he's significantly more likely to do so than your average college student; I mean, you don't know everyone else's past, right?

I can totally understand why his presence makes you uncomfortable. But unless and until you have legitimate reason to believe he's a danger to you or others in your class, I don't think you can do anything about the situation.
posted by cerebus19 at 6:53 AM on August 1, 2006


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