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Good Argumentation A
Learning Task 2: The Ethics Assignment

Cameron Fowler, Zuyu Jin, Alyssa Mihai, & Wendy Pimm

Werklund School of Education; University of Calgary
EDUC525: Ethics and Law in Education
Dr. J. K. Donlevy
August 13th, 2021
Hypothetical Scenario

Mr. Ken Smith, a Grade 7 teacher at Mary Catherine's Catholic Middle School

(MCCMS) for many years, is known to be living with his partner, Mr. Jones. They married in a

civil ceremony during the summer. Smith has been commended for his contribution to the school

as an educator and basketball coach. Nevertheless, his marriage was brought to the attention of

the school board by the Moderator of the Curia, Father Jon. Although the trustee, Mrs. D, herself

feels no animosity against homosexuals, she was obliged to bring this fact to the attention of the

local Catholic school board. The board must decide whether they should continue to employ

Smith as a teacher at MCCMS. Interesting scenario. Perhaps true to life in some cases.

Virtue Ethics

When considering whether to terminate Mr. Smith’s employment, we ask whether or not

the termination would be a virtuous act, and therefore ethical, depends on the theory of virtue

ethics adopted by School Board members.

When applying eudaimonist virtue ethics, virtuous actions are those bringing eudaimonia,

or “flourishing,” to a person’s life (Hursthouse & Pettigrove, 2016). Mr. Smith was acting in a

virtuous manner as evidence shows he was supporting the flourishing of others through his

pedagogy and coaching, thereby adding eudaimonia to the world. Terminating his contract would

prevent Mr. Smith from supporting the eudaimonia of his students, andstudents and would not be

an ethicalbe an unethical action unless there was reasonable evidence suggesting students would

flourish more without him.

Through Slote’s agent-based ethics (Hursthouse & Pettigrove, 2016), virtuous actions are

those with good intentions. If acting with good intentions for their students MCCMS should keep
Mr. Smith employed, as regardless of Mr. Smith’s sexual orientation he provided an exceptional

education to his students and a positive presence in the community. If MCCMS had good

intentions for terminating Mr. Smith, however, this would also be an ethical action.

Through Zagzebski’s agent-based ethics (Hursthouse & Pettigrove, 2016), the morality of

an action is defined not by an agent’s motives but instead by whether the action was one that a

virtuously motivated agent would perform. In the Catholic church, Jesus Christ would be the role

model for these judgements. If School Board members are acting in line with Catholic virtues,

continuing Mr. Smith’s employment would be ethical as it would be in-line with the ways that

Jesus would act through virtues of Patience, Kindness, and Charity. On the other hand, the firing

of Mr. Smith would not support these Catholic virtues. Even the virtue in question, Chastity,

would not necessarily be supported through a contractual termination; proof would have to be

found of Mr. Smith’s actions diminishing the students’ chasteness for his firing to be considered

ethical. A similar conclusion would be reached through Platonic virtue ethics: the goal of

ultimate good can be achieved in the Catholic faith through aiming to “resemble God in a way

that could serve God as a reason for loving the thing” (Hursthouse & Pettigrove, 2016) – in other

words: being like that which God loves. Continuing his employment would be ethical as it would

again embrace the Catholic virtues of Patience, Kindness, and Charity, which would be acting in

a way aligned with God’s teachings.

Our last approach is target-centered virtue ethics, where a virtuous act is one that “hits the

target of a virtue” (Hursthouse & Pettigrove, 2016). In a perfectionist target-centered account, an

act is only virtuous if it is the best action possible in the circumstances. Discontinuing Mr.

Smith’s employment would not be considered ethical as it would not be the best action: while

supporting the School Board member’s virtue of chastity, this action would be misaligned with
many of their other virtues. However, it could be argued that a permissive or minimalist target-

centered account could see this firing as being ethically acceptable, as the action could be

considered “good enough” in pursuing the virtue of chastity (permissive approach) and it would

not be “overall vicious” as it would still support some more action (minimalist approach) The

above is an interesting analysis. (Hursthouse & Pettigrove, 2016).

Whether or not terminating Mr. Smith’s employment would be ethical through virtue

ethics depends to some degree on the framework adopted by School Board member, but most

frameworks would consider this to be an unethical decision.

Deontological Ethics

Mr. Smith’s situation poses a dilemma to the Catholic School Board in question; the

trustees must come to a resolution that both respects the rights of Mr. Smith, andMr. Smith and

conforms with the moral norms outlined by Catholic teachings. Since it is the duty and

responsibility of the Catholic School Board to promote Catholic values, the board should support

their beliefs and aim to do what is right with respect to the Catholic faith, rather than what

maximizes benefits or profits (Alexander & Moore, 2020).

When Mr. Smith entered into the employment contract with Mary Catherine's Catholic

Middle School (MCCMS), he signed the Catholicity Clause, which demands "the teacher [to] be

an example consistent with the teaching of the Church, andChurch and must proclaim the

Catholic philosophy by his or her conduct within and without the school " (Wendel, 2017).

Although the school in question was aware of Mr. Smith's situation, they did not bring this to the

trustees' attention. Therefore, the board could only assume that MCCMS has chosen to take the

pastoral approach after considering the significant contribution Mr. Smith has made toward the
school community. However, the nature of the matter has changed when Mr. Smith enters into a

same-sex marriage. Catholic teaching does not forbid individuals to identify as homosexuals or

have feelings for a person of the same sex, but it forbids sexual relationships and marriage

between two individuals of the same sex. Thus, Mr. Smith’s actions directly violate the

Catholicity clause which he has agreed to abide by as a part of his employment contract.

Knowing aspects of Mr. Smith's personal life violate Catholic morality, keeping him employed at

MCCMS could promote a lifestyle that is unethical to Catholic beliefs;beliefs, placing the moral

authority of the school in peril, and bringing the integrity of the school board as a Catholic

institution in to question. This is correct.

It is the obligation of every Catholic school to secure the welfare of its students, which, in

this case, is synonymous with Catholic beliefs, morals, and attitudes. Thus, the school board

mnust uphold Catholic morals even if doing so would bring the school into conflict with the

interests of certain members of the public. Yes – a very difficult challenge in a publicly funded

system.The “categorical obligations” of the board are not to “focus on how [its] actions cause

others to do evil”, but rather, to “keep [its] own agency free of moral taint” (Alexander & Moore,

2020). In this sense, the board is only responsible for the spiritual welfare of its students, not how

the public may react to its decisions. And in order toto do what is right, the school board must

judge the morality of its decision by criteria independent of the consequences it will bring about

(Alexander & Moore, 2020). Thus, the board should not continue to work with teachers who act

in ways that violate the Catholic faith.

After considering the duties and obligations of the Catholic School Board in question, it

is recommended that MCCMS terminates its contract with Mr. Smith. However, it must be noted

that the board's decision does not reflect any judgement against the lifestyle choice of Mr. Smith;
it is simply a matter of upholding the integrity of Catholic beliefs and teachings. The school

board would make the same decision when any of its other employees violate the Catholicity

Clause, regardless of the gender, sexualitysexuality, or religious affiliation of the person in

question; and any other denominational school would have reached similar decisions if placed in

the same situation (The Categorical Imperative, Alexander & Moore, 2020). However, if the

administration at MCCMS continues to employ Mr. Smith despite receiving the board’s warning,

then it is recommended that the school board should place its principal under review.

Teleological Ethics (Utilitarianism)

The decision by the Board of Trustees is one of consequences. As the educator in

question has only positive reviews from their work, andwork and has not had any recent

complaints about the role he plays in the school, we have no recourse to terminate his

employment. While if we do proceed to try to remove Mr. Smith from our employment, there

would be a great deal of publicity, both for the school as well as the Church, that would not be in

a positive light. This has the ability to be seen as a hHuman rRights issue, and could possibly

jeopardize the standings of the Catholicity Clause within our employment contract (CBC,

2018b).

It would also be unacceptable to ignore Father Jons’ contact about this matter, as the

school is very dependent on the Diocese, and having any tension between the District Trustees

and the Diocese could be potentially dire. Though the Diocese office is not in direct contact with

our schools, being in a minority compared to the school and its surrounding community, we do

feel that this matter must be dealt with in a way that does not disrupt our current relationship to

the Diocese.
 The Catholic faith views Mr. Smith's personal behaviour as immoral; however, Mr. Smith

does not pose any threat to the performance of his educational and coaching instruction, as he

keeps his private life separate from his professional life. His sexuality is not often discussed

towards or among his students, therefore not promoting a lifestyle in opposition to the Catholic

faith on school grounds. It has been well known throughout the community that Mr. Smith was

in a relationship, and even living common-law for some time with his now husband. There have

been no complaints from parents, students, or others in the community, where Mr. Smith has

been active and accepted. Removing him from the school would create tension and unhappiness

for both staff and students, as his exceptional educational duties and coaching responsibilities

have positively influenced the growth, behaviour, and experiences of the school environment.

Society as a whole is not only accepting individuals who classify themselves as

LGBTQ+, but also pushing for their acceptance everywhere. The Austin O’Brien Catholic

School was the first to start a GSA (Gay Straight Alliance) within a Catholic School (CBC,

2018a), revealing that greater opportunities in Catholic Schools have been not only

accomplished, but accepted.

Our school board seeks to view this situation in light of freedom and fairness to all

individuals, as well as to society as a whole. It is our recommendation that Mr. Smith continue

working at MCCMS in the coming year. The greatest good (Donlevy & Walker, 2010) would be

to continue Mr. Smiths’ employment as per his contract.

Resolution

Teachers are expected to make positive contributions to the development and community

of their school environment. Although Mr. Smith’s acknowledged lifestyle falls in direct conflict

with the teachings of the Catholic church, he also proves to be a commendable educator and
positive force in the lives of his students, greatly benefitting the school environment and showing

he “acts in a manner which maintains the honour and dignity of the profession” and “fulfills

contractual obligations to the employer” (ATA, 2018). On the other hand, teachers employed by

the Catholic School Board Division have a duty to recognize that personal lifestyles have an

impact not only upon the development of youth but also upon their credibility with youth, as

supported by the ATA in that “the teacher does not engage in activities which adversely affect

the quality of the teacher’s professional service” (ATA, 2018). Therefore, the School Board’s

best course of action is to continue Mr. Smith’s employment at MCCMS while placing him on

probation. Through this action, his teaching practices and lifestyle can be judged to determine

whether they are having negative effects on his students’ outcomes (utilitarianism) or virtues

(virtue ethics), while following the teachings of the Catholic church (deontology). If detrimental

outcomes are present, the ethical decision can be made later to terminate his contract. Should a

similar situation occur in the future, MCCMS must inform the school board immediately. Failing

to do so will result in disciplinary actions being taken against the school.

Well done.
 References

Alexander, L., & Moore, M. (2020, October 30). Deontological ethics. Stanford Encyclopedia of

Philosophy. https://plato.stanford.edu/entries/ethics-deontological/.

CBC/Radio Canada. (2018a, April 19). Alberta's first gay-straight Alliance for teachers a

learning curve for acceptance | CBC News. CBCnews.

https://www.cbc.ca/news/canada/edmonton/alberta-gay-straight-alliance-for-teachers-

edmonton-1.4627575.

CBC/Radio Canada. (2018b, December 14). Alberta looking at Catholic teacher contracts amid

discrimination concerns | CBC News. CBCnews. https://www.cbc.ca/news/canada/

edmonton/eggen-catholic-teacher-contracts-gay-common-law-1.4947249.

Code of professional conduct. Alberta Teachers Association. (2020, June 3).

https://www.teachers.ab.ca/TheTeachingProfession/ProfessionalConduct/Pages/CodeofPro

fessionalConduct.aspx.

Donlevy, J. K., & Walker, K. W. (2010). Excerpt; EDUC 525 Ethics and the Law. In Working

through Ethics in Education: Two Plays and Ethical Analysis. essay, Sense Publications.

Hursthouse, R., & Pettigrove, G. (2016, December 8). Virtue ethics. Stanford Encyclopedia of

Philosophy. https://plato.stanford.edu/entries/ethics-virtue/.

Wendel, C. (2017). Legally Speaking: Submitted by: Cristina Wendel, Partner, Dentons Canada

LLP The Catholicity Clause – The Importance Remains.

https://www.acsta.ab.ca/images/pdfs/legally_speaking/summer_2017_-

_catholicity_clause.pdf.