Ethics SLO-PLO

Demonstrate the appropriate application of

ethics to legal matters

Case Study “Reporting Inflated Numbers”

• Jessica Stillman was a 2006-2007 Hackworth Fellow at the Markkula Center for Applied Ethics – Santa Clara University

• Here is the actual assignment – 10/7/2010 from Prof. Silliman

• Background• Barbara King graduated from Santa Clara University at the perfect time. It was the peak of the dot-com

boom and businesses were competing for recent graduates. Barbara had no problem getting her first job in the high-tech industry as a corporate communications specialist.

• Many of her friends struggled when entering the corporate world, but Barbara didn't have any problems. The workplace had a casual atmosphere, she enjoyed a salary far above that of her friends, she received perks regularly and she enjoyed Mai-Tai Fridays at the office every week.

• She was at the job for less than two months when the company released the quarterly numbers. As the internal communications representative, Barbara was responsible for reporting the numbers to all the employees within the company. Because the company was not publicly traded, only those within the organization were privy to the information.

• "I was aware something wasn't quite right with the numbers," said Barbara. "But I was so young and naove-I never thought they could be wrong." She knew the company was doing well, but Barbara had been tracking the high-tech industry and was conscious of the usual financial targets. She also knew that the industry was getting out of control and each

Case Study• company was willing to do anything to get ahead. After asking her coworkers, she

realized that they all knew the numbers were intentionally inflated every quarter. Barbara took the hints from her coworkers and passed the numbers on without question.

• "We were a young company and we needed our stock price to rise so that we could stay competitive in the booming industry," said Barbara. "Everyone questioned the numbers, but, because of the hip work culture that everyone enjoyed and the potential for riches, there was an underlying pressure to be loyal."

• The inflated numbers became another part of the culture. Barbara observed coworkers laughing when they picked up the paper and read the headlines about their company's booming quarter.

• "Everyone was just enjoying the ride and didn't want it to end," said Barbara. "Venture capitalists were practically throwing money at our company and we were spending it faster than we thought possible."

• "I was new at the company, was making great money and had great benefits-why would I jeopardize all of that?" said Barbara.

Discussion Questions

• Discussion Questions: (In 500 Words or less)• Describe the ethical dilemma that Barbara faces.• List other ways that the situation might have been

handled and the likely outcomes of those approaches• What are Barbara’s possible choices to make in this

situation? Which of these would be good or right choices, and why?

• For each alternative approach, who benefits (gains) and loses (is harmed) as a result?

Ethics Materials• 5 Ethics Theories

• Egoism• Self-Interest of person doing, considering, or affected by the action

• Utilitarianism• Overall Happiness, Maximizing positive outcomes for the largest number of people, negative

outcomes for lowest number of people

• Deontology• Duty, Fulfilling duties towards self or other persons

• Care Ethics• Caring towards those who are vulnerable or need support, Sustaining relationships

• Virtue Ethics• Character, Actions reflective or productive of good or bad character, embodied in developed

and lasting traits or traits :•

Watch Ethics video 1st 3 minutes

• Ethics case study – Ethics video – Fayetville State (FSU)• Assess from AACSB perspective – “Association to Advance Collegiate

Schools of Business” (AACSB) Ethics Business Education

Tasks for Students

• Identify the ethical situation• Apply correct or appropriate ethics theory• Identify impact of the ethical decision on the stakeholders

Rubric to grade assessment• Clarity• Student elaborates on the application of the appropriate the application of the

ethical principles to solve the appropriate ethical principles to ethics case study

Accuracy• Student is accurate in the selection of the correct principle to apply in solving the

ethical is principle to apply in ethics case study

Relevance• Student provides analysis that is relevant to the solution of the of ethics case study

Depth• Student is able to grasp and discuss the complexities and difficulties of the ethics

case study

Ethics SLO-PLO Rubric

2012 results• Assessment Analysis

All 12 classes in our law program were assessed during the Spring 2012 semester. The students did fairly well with the case study (see above % for each class, and overall average (79%). Both briefing of law cases and this ethics case study require students to perform 4 steps as follows:

• 1. Clearly define the legal or ethical principle (articulation of the substantive law or ethical principle is essential).

• 2. Spot the legal issue of ethical dilemma (similar to a doctor diagnosing the correct illness given many symptoms)

• 3. Fully discuss each relevant fact and demonstrate how it impacts the case law or ethics case study.

• 4. Discuss the impact of the ethical decision on the stakeholders• • Ethics Case Study• Class Sect. Results • Law 1 3237 37%• Law 2 0322 85%• Law 10 3239 76%• Law 11 0324 74%• Law 12 0325 85%• Law 13 0326 75%• Law 16 0327 85%• Law 17 0322 80%• Law 18 0329 76%• Law 19 3241 81%• Law 20 0332 82%• Law 34 0331 88%• Summary Average 79%• • Improvement planned - infuse more ethics case studies, definitions, theories, and practice identifying and resolving ethics dilemmas throughout our discipline and program •

Infusing Materials into entire law program

• Following the 2012 assessment, the law program focused on infusing the following materials into all of its classes through assignments, and discussions (online and on campus)

Materials on Legal Argumentation • The Uses of Argument – Toulmin model• Analytic Thinking• Argumentation Theory

• Materials on Ethics• Character counts – Six Pillars of Character – Michael Josephson• Self-Entitlement – How students think they are more special • Why Students Plagiarize - Penn State

2012 - 2013 comparison

Class Assessment 2012

Assignment 2013 Net Gain

Law 1 37% 75% 38% Law 2 85% - -

Law 10 76% 86% 10% Law 11 74% 91% 17% Law 12 85% 86% 1% Law 13 75% 77% 75% Law 16 85% 91% 6% Law 17 80% 89% 9% Law 18 76% 82% 6% Law 19 81% 90% 9% Law 20 82% 96% 14% Law 34 88% 91% 3%

Summary 79% 87% +8%

Final Thoughts

• Infusing more materials across the entire law/paralegal studies discipline which addressed both ethics and critical thinking was a simpler task than others methods contemplated by our discipline (eg. Create a new class or curriculum)

• Results will almost always improve no matter “what method or approach” you take as long as you “start the process” and “take simpler steps” than you might think