Case 33. Preservation of Confidential Information in Teaching

Situation

Case 33:  Preservation of Confidential Information in Teaching
Professor John Jay teaches courses in race and ethnicity and sex and gender. He has found that the material in both courses meets with a fair amount of resistance from some of his students for whom the courses raise issues of a very personal nature. A colleague has suggested that he might use journals as a way of giving students a forum in which they can safely vent their feelings about what they are reading and learning. Professor Jay did this for the first time this last semester. He collected the journals several times during the semester and they did give him some insights into what students were grappling with as they progressed through the course. The students also seemed to appreciate the chance to express themselves. He gave the students grades for the journals that were based more on the effort they represent than on the content. This was as the students expected. Professor Jay also required that the students write term papers for the class. After grades were passed in, he placed both the journals and the papers on the floor outside his office for the students to retrieve. This has always been his practice in returning student work and is that of his colleagues.

Questions

   1. Does this practice violate Professor Jay's obligation to protext the confidentiality of the students' journals?

   2. Has Professor Jay any legal obligation with regard to graded student work?

     Reflect on the above questions and form your own answers before clicking the Discussion key to review the commentary provided with this case.

Discussion

Professor Jay might think about the fact that a wide range of passersby have access to very personal writing because of his practice. Even if he has not promised students confidentiality, he might think about whether or not students would feel violated should they come to understand that others have had access to material they thought they were sharing with only him. Professor Jay might also consider what such a discovery might mean for his efforts to have students share thoughts and feelings about emotionally-charged class material in the future and how this might affect both the climate in which he and his colleagues teach and the climate in which the students learn. Professor Jay should probably check with university legal counsel about the advisability of the departmental practice of leaving students papers and journals in the hallway for pick-up. Failure to protect the confidentiality of student grades is not only unethical, but may violate the Family Educational Rights and Privacy Act.