The Trouble with Legacies

Fall 2008

By Paula Mirk

The dilemma presented here is real, though the names have been changed and occasionally some details altered to protect the privacy of the individuals and/or organizations involved. If you have an ethical dilemma that you would like to share, please submit it to the editorial staff at Independent School ([email protected]).

Jack Potter is the head of a medium-sized suburban independent school. He has been with the school for five years. He feels supported by his board, gets along well with his staff, the students trust him, and he believes he is influencing his school for the better.

Potter’s school has benefited greatly from the efforts of Jayne Kelley, a go-getter in his development office who is very successful at what she does. Kelley’s family has strong ties to the community and her mother, a former board member, contributes generously to the school. Kelley’s son, Brent Kelley, is the third generation of his family to attend the school. He is an average student and has never been in trouble — until today.

When called to Potter’s office, Brent admits that he lost his temper and punched another student who had been bullying him for months. The school has a no-tolerance policy on physical violence; students who fight are to be suspended. However, the school board allows the head to make exceptions to policy at his discretion. Both Kelley and Brent’s grandmother beg Potter not to suspend Brent. Brent’s family is worried that a suspension might adversely impact Brent’s record and college placement. Besides, they argue, Brent is not a troublemaker but a victim who was pushed too far and should have received more support from the school to resolve the bullying issue some other way.

Meanwhile, much of the school community is attentive to Potter’s decision since letting Brent off could be construed as favoritism. While fighting isn’t a frequent occurrence at the school, there have been instances in the past, and Potter has tended to stick to the policy. He is dismayed that Brent failed to seek another way to deal with his tormentors.

Potter sees this as a right vs. right dilemma between justice on the one hand, and mercy on the other. It is right for him to uphold school policy by suspending Brent. The school board and community want to send a strong message: “We do not tolerate physical violence.” Fairness would require Potter to treat Brent just like any other student who chose to take a similar action. Furthermore, Potter might be tempted to take a strong stand so that no one would suspect him of being influenced by Kelley and her generous mother. But it would also be right for Potter to support Brent by not suspending him and to act with compassion. Brent was being bullied and acted out of character after being pushed too far. There is every possibility that Potter would want to bend this rule for any other student who had never been in trouble before and who had not received the support needed to handle the situation appropriately.

If it is both right to suspend Brent and right to make an exception in this case, Potter needs to decide which is the higher right. Consider these questions:

  • Which choice produces the greatest good for the greatest number of people at the school?
  • Which choice is the best precedent for everyone else to follow in similar situations?
  • If you were in Brent’s position, would you want to be suspended or to be given a second chance?
  • Is there a creative way Potter can uphold both the “no violence” policy and show compassion to Brent?

If you were in Potter’s position, how would you choose?

Jack Potter’s Choice:

Potter considered the impact of his decision. It was clear to him that if he were in Brent’s position, he would appreciate a second chance. However, providing a second chance to this one student would not produce more good than by upholding the school’s “no violence” policy. To suspend Brent would protect and reinforce the integrity of the policy. Potter considered alternative solutions, but he was certain about how to resolve his dilemma. Potter decided to uphold the policy and suspend Brent. His concern turned now to repairing his relationship with Jayne Kelley, who will be troubled by the impact of his decision on her son’s future.

Paula Mirk

Paula Mirk is the director of education at the Institute for Global Ethics, based in Rockport, Maine. All rights reserved.