Managing student incivility and misconduct in the learning environment



Managing student incivility and misconduct in the learning environment


Karen M. Whitney, PhD and Susan Luparell, PhD, ANCS-BC, CNE


On today’s campuses of higher education, there appears to be increasing incidence of incivility among students (Clark & Springer, 2007). When preparing a learning environment for students and faculty, how can faculty ensure that it is one that is safe and productive for all, one in which a quality teaching and learning experience can be provided? This chapter introduces developmental, legal, and risk management issues related to classroom learning environments and methods to minimize student conduct that disrupts learning. Instructional strategies are discussed to assist faculty in achieving a robust and engaging learning environment through management of the students’ actions.


Management of actions includes student in-class behaviors and extends to out-of-class course-related activities, both on- and off-campus internship, clinical, and practicum experiences. Specifically, this chapter explores methods to nurture and support learning and describes effective responses for situations in which student behavior could disrupt your learning objectives for the students with an emphasis on (1) a continuum of student misconduct, (2) proactive response strategies, and (3) effective use of campus resources.


The learning outcomes of this chapter include gaining an understanding of problem or disruptive student behavior and an understanding of specific steps faculty can take to minimize disruptions to your learning environments. The content of this chapter is based on case law, statutory law, research, and more than 20 years of experience working with college students and college student misconduct. As a cautionary note, it is strongly recommended that faculty consult with the administrators responsible for student conduct at their institution, their immediate supervisor, campus police, and campus legal counsel regarding issues specific to their institution.




Incivility in the higher education environment


Most experienced faculty will tell you that they get much pleasure from working with students much of the time. However, on occasion, interactions between students and faculty may be somewhat uncomfortable, slightly challenging, or even distressing. Despite the “ivory tower” moniker, the academy, as a microcosm of society, is not immune to the problems of society. Thus incivilities of various types and among various individuals can and do occur in higher education. However, this is an aspect of the teaching role that tends to surprise novice faculty.


Both faculty and students have reported that incivility is a moderate problem in nursing education (Clark, 2007, 2008a). More specifically, Lashley and deMeneses (2001) found that all faculty who responded to a survey of student misconduct in nursing had experienced students being late, inattentive, or absent from class, and more than 90% reported student cheating as a problem. In some more rare instances, faculty experience more serious episodes of misconduct, including verbal or physical abuse (Lashley & deMeneses, 2001; Luparell, 2004). Stress in both faculty and students has been identified as contributing significantly to uncivil behavior in nursing education (Clark, 2008b).


While the majority of this chapter will address how student misbehavior can be managed, it is important that faculty have an appreciation for the overall context in which misconduct and incivility occur. Student misconduct and incivility rarely occur in a vacuum. In both the general workplace and in nursing education, experts suggest that incivility is reciprocal in nature (Andersson & Pearson, 1999; Clark, 2008b). If student misbehavior is viewed as a form of communication, it necessitates that we view it in a broader context that includes student interactions with faculty and the learning environment.


There is evidence to suggest that faculty play a pivotal role in establishing classroom behavioral norms and also may contribute to the problem in a variety of ways. In a landmark study, Boice (1996) concluded that faculty are the most crucial initiators of incivility in the classroom. Poor teaching skills may lead to student frustration and misbehavior. Additionally, lack of instructor willingness to address classroom incivility sends a message that such behavior is acceptable.


Additionally, Clark (2008a) found that students sometimes experience incivility at the hands of faculty. Students perceive condescending remarks or putdowns by faculty as uncivil. A long list of additional behaviors that students identify as uncivil on the part of faculty include exerting superiority, being unavailable outside of class, refusing or being reluctant to answer questions, canceling scheduled classes and activities without warning, ignoring disruptive behaviors, not allowing open discussion, and using ineffective teaching styles or methods.


Thus, although it is tempting to focus on student misconduct and incivility from a narrow perspective, it is prudent to avoid this. Poor student behavior and incivility, although never appropriate, may be influenced by a broad spectrum of variables, including stress levels and lack of general civility within the environment. Additionally, lack of teaching acumen by faculty may serve to increase student stress and frustration. Although this chapter provides a starting point for managing misbehavior and incivility when it occurs in the classroom, the thoughtful practitioner should consider multiple variables when considering how to best prevent and manage conduct problems in the classroom environment.



A continuum of misconduct


In considering student conduct, one size does not fit all. It is important to examine each incident in terms of the behaviors observed and reported. It is also vital to use a framework from which to evaluate student behavior. With few exceptions, every institution of higher education has a policy that informs the student of behaviors that are or are not expected of the student. These policies can be described in many ways, such as a Student Code of Conduct, an Honor Code, Student Rights and Responsibilities, or some other variation. These policies provide the filter through which one takes a set of observed and reported behaviors and considers the extent to which a specific situation may or may not violate a code of conduct.


For purposes of analyzing student behaviors, all behaviors will fall within one or more of the following three categories: (1) annoying acts, (2) administrative violations, and (3) criminal conduct (Fig. 14-1). It is possible that a single behavior, such as stealing a test, can be both an administrative violation and criminal conduct. It is also possible that a behavior repeated over time, such as interrupting a lecture repeatedly, can be considered both an annoying act and an administrative violation. Occasionally a lecture disruption might be annoying, but the behavior moves from annoying to a violation of campus policy if the disruptions persist after the student has been counseled that the behavior exceeds reasonable limits. Regardless of where the behavior may lie on the continuum, it is critically important to create a teaching approach wherein faculty are in a position to observe student behaviors objectively. The focus should be on actions and not on emotion, rumor, or innuendo. Furthermore, it is important that faculty remain cognizant of student behaviors and their potential impact on learning in order to, at the earliest opportunity, consider the extent to which student actions fall within this framework. Awareness is the first step in managing the learning environment. Box 14-1 lists examples of student misconduct that fall within the categories of annoying acts, administrative violations, and criminal conduct.






Annoying acts

Annoying acts are behaviors that may not be desired but do not violate an administrative code of conduct. Annoying acts are usually behaviors that include poor interpersonal communication skills, such as monopolizing class discussion, or discourteous, abrasive, aggressive, or hard-to-get-along-with behaviors. Annoying acts may also include poor time or life management skills, such as entering class late or leaving class early, or repeated excuses for poor performance. From a developmental perspective, there is a tremendous opportunity to assist the student toward improvement.


It is important to communicate with a student regarding annoying behaviors. In confronting students regarding annoying behaviors, faculty are keeping small problems small and possibly avoiding an escalation of behaviors along the continuum. The risk management level is low, but over time these types of behaviors can escalate. Although these behaviors are at the more benign end of the continuum, it is best to document any observed behaviors and interactions with students regarding their conduct.


The key in responding to annoying behaviors is to keep grounded in the learning experience, even though the behavior is annoying to you. When talking with students about annoying behaviors, focus on the importance of the learning environment and on the goal of meeting or exceeding the course learning objectives. You are not simply asking the student to be polite or thoughtful; rather you are exploring with the student how his or her behavior is not serving him or her, you, or the rest of the learning community. Based on these authors’ experience, most likely once faculty have met with a student who displays annoying behavior, brought these behaviors to the attention of the student, and suggested new behaviors, no further misconduct will occur. In fact, coaching sessions can often lay the foundation for a productive teaching–learning–mentoring relationship.


From a professional educational standpoint, it is important to note that these annoying acts, left unchecked, can later manifest themselves in the student’s professional workplace. Bartholomew (2006) summarizes a relatively recent body of literature that describes this set of behaviors as “horizontal hostility” or “lateral violence.” Examples of “horizontal hostility” include peers (e.g., students to students or nurses to nurses) acting uncivilly, acting abruptly, undermining individual and group efforts, withholding work-related information, and demonstrating a general lack of collegiality. As a result, clearly and consistently holding students accountable for their actions has an immediate impact on the individual as a learner and a future impact on the individual in his or her professional life.



Administrative violations

Administrative violations are behaviors that violate an administrative code of conduct. Administrative violations can be a variety of behaviors that significantly disrupt the learning process, such as acts of intimidation or harassment. These behaviors can be motivated by a desire to gain an academic advantage through scholastic misconduct, such as cheating, plagiarism, or fabricating results. Because codes or policies of student conduct are unique to each institution, it is strongly recommended that faculty acquaint themselves with the code in order to know when a student may have violated institutional policy. Chapter 3 further discusses the ethical issues related to academic dishonesty.


From a developmental perspective, there may be an opportunity to assist the student, but this will depend on the incident and the student’s disposition and attitude for change. For instance, an incident involving an alcohol-impaired student coming to an on-campus class that has a zero tolerance for such behavior would limit faculty’s ability to work with the student in a coaching capacity. If faculty have reason to believe that a student has violated the campus student code, the best approach is to document the faculty’s observations, when reasonably possible talk with the student, and engage the student in order to fully understand the situation. If after talking with the student it continues to appear that a violation has occurred, then documentation of the student’s behavior should be referred to the appropriate administrative officer as prescribed by campus policy.


It is important to communicate with a student regarding any allegations of misconduct. In confronting students regarding possible violations, the sooner you confront the student the better, and it might be advisable to contact your department chair to assist you in talking with the student. In confronting the student immediately, you avoid an escalation of behaviors along the continuum. The risk management level is moderate but over time these types of behaviors can escalate and increase the administrative severity and the possibility of the behavior violating local, state, or federal law. These behaviors should be documented, as should interactions with students regarding their conduct. Faculty should expect that the incident will be referred to the appropriate administrative office for disciplinary review.



Criminal conduct

Criminal conduct can be characterized as behaviors that violate local, state, or federal criminal law. Criminal conduct can be a variety of behaviors that significantly disrupt the learning process, such as threats or acts of violence, stalking, intimidation, harassment, possession of firearms, drugs, alcohol, or theft. Because local and state laws can vary and the application of the law to college populations can vary as well, it is strongly recommended that faculty acquaint themselves with the practices at their institution. It is also recommended that faculty discuss these legal issues with their department chair and fellow colleagues so that they become familiar with the historical context and institutional practice.


From a developmental perspective, acts that are determined to be criminal allow very little opportunity to assist the student but quickly are relegated to campus and local law enforcement personnel for investigation and disposition. For instance, an incident involving a student threatening to injure a fellow student limits faculty’s ability to work with the student in a coaching capacity. If faculty have reason to believe that a student has acted criminally, the best approach is to document their observations and immediately report the observations to the appropriate campus law enforcement personnel.


When criminal conduct is suspected, it is important for faculty to inform their immediate supervisor (e.g., department chair) of the incident and contact campus law enforcement. Each situation will dictate the faculty’s role regarding any further engagement with the student regarding her or his behavior. In many cases, as the student’s instructors, faculty may know the student best and could become a vital resource as to the most constructive approach to take with the student to minimize any threat of violence or disruption to the student and to the greater learning community. The risk management level is high and all exchanges with the student should be carefully coordinated with campus law enforcement and the campus office responsible for student conduct in order to limit an escalation of criminal conduct.


The campus administration may further hold the student accountable for an administrative violation of the student code of conduct following an investigation of the alleged behavior. It is important to understand that a university or college cannot and should not insulate the student from being held accountable for criminal actions. These behaviors should be well documented. Faculty should expect that the incident will be referred to the appropriate administrative unit for disciplinary review. Pursuing a single incident through multiple levels of the university as well as pursuing both criminal and administrative action is not considered double jeopardy; rather it is a result of multiple jurisdictions properly responding to a single behavior.



Proactive response strategies


Under the philosophy of keeping small things small, this section provides a series of actions that faculty can implement when managing a learning environment. These strategies can be applied to learning in a conventional classroom, in off-campus settings, and in online learning environments. It is also recommend that faculty within a department discuss these strategies and adopt common practices. Students will notice common practices from class to class, which helps to reinforce these strategies.




Forewarning in the course syllabus

An important first step in managing the learning environment is taking early action to prevent problematic behavior. This can be done in a variety of ways, including being attentive to creating a climate of civility from day one of class. Novice faculty tend to assume that college students intrinsically understand professional behavioral expectations of them. This may be a false assumption. Therefore it is imperative that appropriate behavior be explicitly described, both in the syllabus and on the first day of class.


In the course syllabus, faculty should express their expectations for the learning environment. The program or institution may also have specific expectations or policies that faculty are required to insert into syllabi. The syllabus is a performance agreement between faculty and students. As such, it is an opportunity to express the ground rules and guidelines for engagement. This is the time that faculty should outline what student behaviors matter most to them as educators. Faculty should keep the discussion positive and indicate the behaviors they wish to see demonstrated by students. Faculty should also connect these behaviors to the achievement of the learning outcomes established for the course.


For example, if students arriving to class on time and remaining through the entire class period is an important component of the learning environment, then express this expectation in the syllabus and also indicate the rationale for this expectation. For all expectations, it is also recommended that faculty provide students with a way to manage these expectations. If a student knows that he or she will not be able to arrive at a class on time, what should the student do? Should the student not attend at all? Should the student call faculty in advance of the class and discuss the need to arrive late? Is there a place (e.g., the back row of the class) that has been designated as an area where students who arrive late or must leave early should sit so as not to inconvenience the learning of others?


Expressing expectations in writing to students from the first day together helps students understand the behaviors faculty expect from the outset. This approach also provides faculty with a guide in case a student acts in a manner that has been indicated as unacceptable. As the instructor, faculty are in a position to set standards that students must meet. These standards may be both academic and behavioral. The key is that they are clearly expressed and consistently expected of all students.


The syllabus is historically the document that articulates the basic relationship between student and instructor. While a syllabus cannot present text for every concern, including text that expresses “the ground rules” or the rules of engagement between the instructor and students is often one way to create an environment designed to minimize conflict. Three types of suggested text are offered for your consideration in Box 14-2. The examples offered are suggestions and should be customized to support the established culture and values of your particular program and university or college.



Box 14-2   Examples of Text for the Syllabus


Teaching–learning philosophy


My expectation is that you are a self-motivated learner. By the end of the semester you will have invested your time, energy, and resources to complete this course and I want you to be successful. My responsibility as your instructor is to provide a context and environment that supports your learning through mindful, intentional curriculum that guides your investigations and learning. I expect you to be an involved, active member of this learning community who will contribute with thorough preparation, active discussion participation, and timely participation in course activities. I further expect that you will treat everyone, including the instructor, with respect and civility. Learning in this course takes place through lectures, readings, written analysis, reflective discussions, critical reflection, and written assignments.


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Feb 12, 2017 | Posted by in NURSING | Comments Off on Managing student incivility and misconduct in the learning environment

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