Discretionary Benchmark:Technical Construction for Dealing with Ethical Misconduct in Higher Education Institutions
The introduction of measures for handling teachers'violations of professional ethics by universities is an important measure for the legalization of teacher ethics training and an inherent requirement for governing schools according to law.However,there is currently a phenomenon of"different judgments for the same case"in the process of handling misconduct in teacher ethics in universities.One of the root causes is the incomplete discretion standards for handling,mainly including the vague nature of the discretion standards themselves,the lack of institutional provisions for content,procedures,and outcome orientation.Based on the ethical nature of misconduct in teacher ethics and the requirement for professional autonomy,universities call for the improvement of discretionary standards for handling.In terms of value positioning,the discretion benchmark for handling misconduct in college teacher ethics is a multi-level administrative self-discipline normative system,which is also a game between autonomy and heteronomy,and requires the addition of procedural regulatory standards.However,the discretion benchmark also has its limitations in application,mainly due to the inability to fully legalize and technologize the concept of teacher ethics.In terms of technical construction,the core content of the discretion benchmark for handling misconduct in teacher ethics lies in the standardization of"fact-plot-effect".At the level of rule of law practice,it is necessary to establish a multi-level discretionary judgment benchmark led by universities,with a focus on improving the grid benchmark based on the gradient of"facts-circumstances-effects".Specifically,four high-risk behavior benchmarks should be refined,including insulting,harming students,indecent and sexual harassment,academic misconduct,making inappropriate remarks,damaging national public interests,violating public order and good customs,violating teaching discipline,professional discipline,and integrity discipline.At the same time,attention should be paid to the construction of procedural discretionary benchmarks to achieve full coverage of administrative and judicial supervision of discretionary benchmarks.By relying on universities and balancing the dual effects of autonomy and supervision,the legitimate rights and interests of teachers can be protected,to achieve the reshaping the professional ethics of teachers.
discretionary benchmarkcollege teachersteacher's moral misconducttechnical construction
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