1. Understanding Conflict
1.1. 2 types of conflict
1.1.1. Conflict of Interest
1.1.1.1. Occurs when the efforts of one individual to reach a goal or meet a need interfere with the ability of another person to meet a need or achieve a goal. This can take place between students, or between teacher and students.
1.1.1.1.1. Example: During the months of May and June, students want to have fun, be outside, and they are ready for summer vacation. This interferes with the teacher's goal of instructing students and teaching them important concepts. These conflicting goals need to be addressed in order to maintain successful classroom management.
1.1.2. Controversy
1.1.2.1. Controversy exists when the ideas, values, opinions, and theories of one individual are different than those from others. Teachers contribute to conflict through inflexible or unreasonable rules, unreasonable expectations, favoritism for students, and an overemphasis on competition. Attending to productive conflict resolution
1.1.2.1.1. Example: Students have competing ideas during a group activity. Both students want to be the group leader. They engage in a debate, which quickly turns into and argument. The teacher should avoid being the judge and resolving the conflict, and instead spend some class time teacher students how to resolve conflict.
1.2. Understanding Conflict
1.2.1. Definition of conflict: a struggle over values, status, power, and resources or as the result of differences between individuals. Conflict also arises when incompatible activities occur. The can be intrapersonal or interpersonal.
1.2.2. These conflicts can be intrapersonal (within an individual) interpersonal (between individuals), intragroup (within a group), or intergroup (between groups).
1.2.2.1. Example: 2 groups of students on opposing teams during a kickball game get into a fight on the playground (intergroup). Two students argue over who gets to stand in the front of the lunch line (interpersonal). Alyssa struggles with deciding whether she wants to play jumprope with Amy at recess, or handball with Hannah (intrapersonal), and Hannah and Amy begin to argue over who gets to play with Alyssa (interpersonal).
1.2.3. Schools can be conflict-positive (recognize and deal with conflict constructively) or conflict-negative (deny, avoid, or attempt to eliminate any evidence of conflict).
2. Negotiation, Mediation, and Arbitration
2.1. Negotation
2.1.1. Steps: 1. Agree to negotiate, 2. Gather points of view, 3. Find common interests, 4. Create win-win options, 5. Evaluate options, 6. Develop an agreement
2.1.2. Some attempts to reach a negotiation will fail. If this happens, return to step one and everyone clarifies perspectives and wants. Persistence pays off.
2.2. Mediation
2.2.1. Extension of the negotiation process - follows the same 6 steps, but includes a neutral third party to help resolve the conflict.
2.2.2. Mediator follows certain steps: 1. End hostility, 2. Makes sure disputants agree to ground rules, 3. Review the steps of the mediation process and ensure that individuals understand, 3. Ask clarifying and open ended questions to promote communication and understanding (reverse perspectives, etc.), 4. Have all parties sign any agreement that they have reached at the end of the session.
2.3. Arbitration
2.3.1. A decision is made by a third party to resolve the conflict. This is a last resort if mediation and negotiation fail. The teacher has the final responsibility to resolve the conflict. This may include sending students to an administrator.
2.3.2. Arbitration includes the following steps: 1) each individual involved in the conflict defines the problem (in writing if possible) 2) each person is allowed to tell their side to the arbitrator without interruption. I f there is evidence, it can be presented 3) each person is given the opportunity to respond to the other person in an orderly fashion, taking turns 4) each person tells what he or she wants and what they want to see happen 5) the arbitrator finds a solution (ideally a win-win solution
3. Understanding Teacher Rights and Responsibilities
3.1. Misunderstanding teacher rights and responsibilities
3.1.1. In loco parentis: defines the role of the teacher as that of serving "in place of parents"
3.1.2. Contemporary changes in education have made it less likely for parents to trust teachers as "surrogate parents".
3.1.3. Teachers act as delegates of the state, not surrogate parents. Instead of asking "what would the parents do", the ask "what is the appropriate response of a knowledgeable professional?"
3.2. Establishing reasonable rules
3.2.1. Cannot violate constitutionally guaranteed rights. Due process procedures state that students cannot be disciplined for violated unwritten rules.
3.2.2. Rules must be clear, unambiguous, and not excessively broad.
3.3. Use of force in discipline
3.3.1. The current trend in schools is away from corporal punishment. Many states have developed statutes against it. There are many legal reasons why teachers should avoid use of force as a form of discipline.
3.3.2. Although the Supreme Court ruled that corporal punishment is not cruel and unusual punishment, this does not remove the threat of legal action.
3.3.2.1. Example: if a teacher uses force and it aggravates a medical condition, the teacher may still be liable, even if they were unaware of the condition.
3.4. Negligence
3.4.1. Refers to acts or omissions demonstrating a failure to use reasonable or ordinary care.
3.4.1.1. Example: failure to act when they have a responsibility to do so. A pattern of negligence is deemed "willful misconduct"
3.4.2. Three categories of negligence: malfeasance (actions that are taken deliberately or knowingly to harm someone), misfeasance (acts unwisely or does not take proper steps to protect students from harm) , and nonfeasance (does not act when they have a duty to do so).
3.4.2.1. Examples: using excessive force beyond what is necessary to stop a fight causing harm to a student (malfeasance), putting student in an unsupervised area such as the hallway to discipline him and the student runs away and gets hurt (misfeasance), students are throwing things at each other that might cause injury and the teacher does nothing to stop it (nonfeasance).
4. Responses to Conflict
4.1. 5 components that influence the success of conflict resolution approaches:
4.1.1. Assessment: responses need to address the individual needs of the students. Conflict resolution is more effective when there is knowledge of the attitudes and traits of the participants.
4.1.2. Acknowledgement: Geting participants to admit there is a conflict and that it's important to acknowledge the needs of the other person.
4.1.3. Attitude: individuals must have a desire and be willing to resolve the conflict.
4.1.4. Action: starts with data taken from the assessment, an acknowledge different perspectives, and attitude taken into account. Action taken without these components likely will not be effective in resolving the conflict.
4.1.5. Analysis: Focus on the important findings from the previous steps.
4.2. Approaches
4.2.1. Passive approaches take a neutral stance and do not attempt to force a resolution.
4.2.1.1. Examples of passive approaches include doing nothing, smoothing the situation, and withdrawal. Withdrawal can be appropriate when emotions are running so high that all reason and logic is lost. For example, if two students are screaming at each other and confronting each other physically, the best approach would be to walk away until they are able to calm down and deal with the conflict with reason.
4.2.2. Assertive approaches are best when the conflict needs to be resolved immediately and that takes precedence over preserving relationships.
4.2.2.1. Examples of assertive responses include confrontation and standing firm. Standing firm can include physically standing firm for one's rights or needs.
4.2.3. Facilitative responses are intended to help the participants learn how to resolve a conflict and maintain their self-control and respect. This approach helps individuals preserve relationships.
4.2.3.1. Examples of facilitative responses include compromising and problem solving. These responses can include brainstorming, viewing the conflict from the other person's perspective, and seeking a solution acceptable to both parties.
5. Legal
5.1. Importance of knowing the basics of school law
5.1.1. Lack of knowledge leads some educator to overreact and unknowingly violate student's rights
5.1.1.1. Reacting to situations with excessive use of force, unreasonable rules and regulations. Example: asking a student to remove his "Make America Great Again" hat because of a political perspective that some find "disrespectful" is a violation of that student's first amendment rights.
5.1.2. Also leads to uncertainty and anxiety about possible lawsuits
5.1.2.1. Teachers fail to act when they have a professional and legal obligation to do so.
5.2. Teacher Liability Protection Act of 2001
5.2.1. The Act states that if teachers and principals followed school rules, they will not be subject to liability. It also states that tough standards should be applied before punitive damages are allowed, and that teachers and principals should be liable only for their "fair share" of fault for a harm and not for injuries caused by others.
5.2.2. The rights and responsibilities of teachers and students continue to be defined by the courts. The Act does not replace the needs for teachers to understand those definitions.
6. Understanding Students' Rights
6.1. Search and Seizure
6.1.1. 1985 Landmark Case: New Jersey v. T.L.O. ruled that students are protected by the Fourth Amendent from unreasonable search and seizure.
6.1.2. Reasonable suspicion is needed rather than Probable Cause.
6.1.2.1. Example: If there is reasonable suspicion supported by evidence that a student has an illegal substance or weapon, then a search may be conducted.
6.2. Freedom of Expression
6.2.1. Schools cannot limit student freedom of expression simply because it is unpopular, uncomfortable, or contrary to the beliefs of student officials.
6.2.2. Student freedom of expression can be limited if the exercise of the right interferes with the work of the school or the rights of others.
6.2.2.1. Example: Schools have banned certain colors of clothing because they represent gangs and result in fights or harm to students.
6.2.3. Dress codes can be put in place to establish safety, order, and discipline.
6.3. Harrassment
6.3.1. If someone is creating a hostile environment, he or she needs to be stopped. Teachers cannot look the other way.
6.3.2. The requirement for teachers to take action may extend beyond the classroom.
6.4. Freedom of Conscience
6.4.1. Examples
6.4.1.1. Saluting the flag: students can refuse to salute the flag because of religious or moral convictions.
6.4.1.2. Refusing Sex Ed citing freedom of religion.
6.5. Students with Disabilities
6.5.1. A major consideration when disciplining students or whether or not the behavior is related to the disability.