Cabrillo College Claudia Close Ethics – Philosophy 10 Fall 2013

Case Study #2: Kant & Major League Baseball Read the section on Kant in our text and the attached articles from ESPN, CNN and BBC, then answer the following questions. The completed assignment should be two pages long, using one inch margins, 12 pt. fonts and single spacing. This study is worth a total of 60 points. Your completed assignment is due on the 13th (M/W)/ 14th (T/Th) of November. Keep scrolling down after the background for further instructions, general suggestions, grading rubrics, and a sample completed assignment!

Answer the following questions thoughtfully and as completely as space allows:

1. What are the relevant ethical considerations for this case? (You don’t have to answer as I’m giving you these! Focus on these issues to answer the following questions.)

Was the use of performance-enhancing drugs by these elite athletes a conflict of moral obligations to MLB, their teams and/or the public who pays to watch them play?

Were the bans an appropriate response to the use of the Biogenesis drugs & should Rodriguez be allowed to play (and be paid according to contract) while waiting for the appeal to be heard?

2. What sort of further information would assist you in formulating a response to these

issues? Pose in question form and present as a bulleted list. For this assignment, you do not have to do all the research but you need to raise the kind of questions that would drive such a project. These should be research questions and as such should be concrete and answerable. Think about facts that, if known might help determine how one should or could respond to the issues identified. This is where the attached articles should be especially useful. (20 points)

3. Pending the acquisition of this information, how do you think Kant would respond to this case? Be sure to provide citations from Kant (primary source = Kant’s writings and does not include secondary commentary from Rosenstand) to support your answer. In citing the quote, all you need do is indicate the page from the text (see example). Note that this question carries the highest weight in points. (30 points)

4. Identify some of the barriers to acting ethically in this particular case? I’m asking you to think in practical terms – this assignment is about applied ethics. In this section, you need to think about things that get in the way of ethical success. This can include not only existing conditions that might prevent one from following up on those recommendations made in section 3 above, but also the cost or potential negative impact if one acted on those conclusions. (5 points)

5. Reply to the counter-considerations identified in #4. It is not sufficient to just raise problems – one must also think about possible solutions. If your solution is not applicable, then you’ve missed the point of the assignment! (5 points)

Background1: Case Study #2

MLB suspends 13, including A-Rod2 Updated: August 6, 2013, 12:06 PM ET

ESPN.com news services

MLB suspends 13 in PED scandal

Curt Schilling and John Kruk share their thoughts on Alex Rodriguez's suspension and the 12 other

players banned for 50 games, including All-Stars Nelson Cruz, Everth Cabrera and Jhonny Peralta.

MLB suspends 13 in PED scandal Biogenesis Investigation Roundtable Major League Baseball came

down heavy Monday on the players it found to have been involved with the South Florida anti-

aging clinic Biogenesis, suspending Alex Rodriguez through the end of the 2014 season and

banning 12 others for 50 games, including three All-Stars: Nelson Cruz of the Texas Rangers,

Everth Cabrera of the San Diego Padres and Jhonny Peralta of the Detroit Tigers.

"Obviously, I'm disappointed with the news today," Rodriguez said at a news conference before

Monday's game. "What we've always fought for is the process and I think we have that, and I

think at some point we'll sit in front of an arbiter and we'll give our case. That's as much as I feel

comfortable saying right now."

He called the past seven months a "nightmare."

"Probably the worst time of my life for sure," he said. "Obviously, for the circumstances that are

at hand, and dealing with a tough surgery and a rehab program and being 38."

"I am thrilled and humbled to have the opportunity to put on this uniform again and to play

major league baseball again," he continued. "I feel like I was 18 years old back in Fenway Park

in 1994 when I went in to face the Red Sox for the very first time. It's been 20 years ... very

excited to get out there to play baseball and to help my team win and to prove to myself, my

teammates, the fans of New York, the fans of baseball, that I still have a shot to play the game at

a high level and I'm going to give it my best."

Asked if he denies using performance-enhancing drugs, he said: "We'll have a forum to discuss

all of that and we'll talk about it then."

1 Please note that you are not limited to the background offered. It is expected that you will do a bit more in-depth reading to develop your thesis. You may feel free to use any credible/reliable source as evidence for your arguments. Additionally you may use additional material from Mill to defend your answers. Please provide full citation for all research. 2 http://espn.go.com/mlb/story/_/id/9540755/mlb-bans-13-including-alex-rodriguez-new-york-yankees-2014

MLB commissioner Bud Selig said in a statement that Rodriguez's punishment will begin

Thursday and cover the rest of the 2013 regular season, the 2013 postseason and the 2014 regular

season. He explained that the suspension was allowed under the drug program's protocols and

was based on Rodriguez's "use and possession of numerous forms of prohibited performance-

enhancing substances, including testosterone and human growth hormone, over the course of

multiple years."

"Rodriguez's discipline under the Basic Agreement is for attempting to cover-up his violations of

the program by engaging in a course of conduct intended to obstruct and frustrate the Office of

the Commissioner's investigation," Selig said in the statement.

Rodriguez's suspension is the equivalent of 211 regular-season games because he has 72 hours to

inform baseball that he will appeal. His lawyer, David Cornwell, said Rodriguez would appeal

and he would "pursue all legal remedies available to Alex."

Rodriguez will be allowed to play until his appeal is heard.

Alex Rodriguez went 1-4 in his season debut on Monday night. Are you OK with him playing?

To that end, he had one hit in four at-bats as the struggling Yankees lost 8-1 to the White Sox on

Monday night in Rodriguez's season debut. He also was relentlessly booed and jeered by

Chicago fans, while being subject to chants of "Steroids! Steroids!"

"He's here, he's going to play," Yankees manager Joe Girardi said. "[The appeal] really doesn't

change anything for us."

Girardi called the suspensions "another black eye for us, but we're trying to clean this game up.''

Monday's game was Rodriguez's first action of the season due to injuries.

"Under the terms of the Joint Drug Prevention and Treatment Program, Rodriguez's suspension

will be stayed until the completion of his appeal if Rodriguez files a grievance challenging his

discipline," Selig said.

The Major League Baseball Players Association is prepared to support Rodriguez in his appeal.

Said MLBPA executive director Michael Weiner: "For the player appealing, Alex Rodriguez, we

agree with his decision to fight his suspension. We believe that the Commissioner has not acted

appropriately under the Basic Agreement. Mr. Rodriguez knows that the Union, consistent with

its history, will defend his rights vigorously."

The 12 other players agreed to deals for their suspensions in which they gave up the right to

appeal. The other nine, in addition to Cruz, Cabrera and Peralta, are:

• Antonio Bastardo, Philadelphia Phillies reliever

• Francisco Cervelli, Yankees catcher (on DL)

• Jordany Valdespin, New York Mets outfielder

(minors)

• Jesus Montero, Seattle Mariners catcher

(minors)

• Cesar Puello, Mets outfielder (minors)

• Sergio Escalona, Houston Astros pitcher

(minors)

• Fernando Martinez, Yankees outfielder

(minors)

• Fautino De Los Santos, free-agent pitcher

• Jordan Norberto, free-agent pitcher Tom Pennington/Getty ImagesRangers All-Star outfielder

Nelson Cruz was among 12 players who agreed to 50-game

suspensions for their roles in the Biogenesis case.

Beyond Rodriguez, the suspensions come with potentially stiff consequences for at least two of

the players and their teams. Cruz, Cabrera and Peralta were each All-Stars this season, with

Cruz's Rangers and Peralta's Tigers contending for playoff berths.

In a separate statement, Cruz said his punishment was a result of "an error in judgment," saying

he had been seriously ill in early 2012 with a gastrointestinal infection called helicobacter pylori

that went undiagnosed for more than a month.

"By the time I was properly diagnosed and treated, I had lost 40 pounds," Cruz said in the news

release. "Just weeks before I was to report to spring training in 2012, I was unsure whether I

would be physically able to play. Faced with this situation, I made an error in judgment that I

deeply regret, and I accept full responsibility for that error. I should have handled the situation

differently, and my illness was no excuse. I am thankful for the unwavering support of my

family, friends, and teammates during this difficult time. I look forward to regaining the trust and

respect of the Rangers organization, my teammates, and the great Rangers' fans, and I am

grateful for the opportunity to rejoin the team for the playoffs."

Rangers general manager Jon Daniels said the team was "open minded" about Cruz joining the

playoff roster if they qualify for the postseason.

ESPN MLB Insider Jayson Stark covers MLB's punishment of players connected to the

Biogenesis investigation, Alex Rodriguez's future with the Yankees and more.

Cabrera struggled to control his emotions after admitting he took a banned substance. As he was

promising fans that he would come back next year and play for them, he put his head in his left

hand and cried.

Cabrera said he took a banned substance -- which he didn't identify -- for four days last year. He

had dislocated a shoulder in 2011 in Triple-A and realized about two weeks before spring

training began that it was only about 50 percent healed. It wasn't clear whether he took the

banned substance just before spring training or after it had started.

"I was going through a very frustrating time," Cabrera said through the interpreter. "And like I

said before, I made the decision to take this. I'm the one responsible for this. But I do want to

make it clear I did not search for this. This was something that was presented to me. My former

representation were the ones who introduced me to this person."

Cabrera said Juan Nunez, a consultant for ACES Inc., which was headed by brothers Sam and

Seth Levinson, took him to meet Biogenesis founder Anthony Bosch. When he met Bosch, "I

was scared in my heart," Cabrera said. "I knew it wasn't what I wanted to do. It wasn't the best

decision, and even when I went in that clinic, I felt scared."

Cabrera said Bosch told him it would be a long process, but that he just wanted a healthier

shoulder. He said he received a package in Arizona. After taking the substance for four days, "I

realized it wasn't necessary. My heart and my conscience was killing me."

The suspension will cost Cabrera $348,361 of his $1,275,000 salary.

Other players affected also issued statements. In his, Peralta said: "I take full responsibility for

my actions, have no excuses for my lapse in judgment and I accept my suspension. I love the

fans, my teammates and this organization and my greatest punishment is knowing that I have let

so many good people down."

Bastardo also said he took "full responsibility for those errors."

The players' association made a late appeal to MLB for a deal for Rodriguez but was told there

would be no more negotiations, sources told ESPN investigative reporter T.J. Quinn.

Rodriguez lost the support of the Taylor Hooton Foundation. The group fights performance-

enhancing drug use by youngsters and was started by Taylor Hooton's family in 2004 after the

player committed suicide following the use of anabolic steroids.

"We have had a good relationship with Rodriguez since early 2009 when we stood with him at

his press conference in Tampa," the group said in a statement. "There, he issued his public mea

culpa, committed that he would not be involved in the future with banned substances, and said

that he wanted to help us to encourage kids to stay away from them. He offered to use his

situation as an example to let them know that it is not right for them to use performance-

enhancing drugs. Working together, we've delivered messages to thousands of kids and have

impacted their lives in a positive way. But, today's announcement leaves us no option but to

discontinue our relationship with Alex Rodriguez."

Two players named in Biogenesis reports -- Gio Gonzalez of the Washington Nationals and

Danny Valencia of the Baltimore Orioles -- were cleared of wrongdoing and will not be

disciplined.

"I am very pleased that Major League Baseball has cleared my name," Gonzalez said in a

statement. "With this process now complete, I have no lingering sense of animosity, as I quickly

realized that the objective of this investigation was to clean up our game. This is an ideal that I

share with both Major League Baseball and the MLBPA. I would also like to acknowledge the

unwavering support of my teammates, the Lerner Family, Mike Rizzo, Davey Johnson, our

coaching staff and Nationals fans everywhere."

The Blue Jays' Melky Cabrera, Athletics' Bartolo Colon and Padres' Yasmani Grandal have

already served 50-game suspensions for PED use and will not face additional discipline for

Biogenesis, the league announced.

Milwaukee outfielder Ryan Braun was the first player to reach an agreement with MLB on a

suspension for his connection to the Biogenesis case. The 2011 NL MVP accepted a season-

ending, 65-game suspension last month.

The Yankees have said they expected Rodriguez to be accused of recruiting other athletes for the

clinic, attempting to obstruct MLB's investigation and not being truthful with MLB in the past

when he discussed his relationship with Dr. Anthony Galea, who pleaded guilty two years ago to

a federal charge of bringing unapproved drugs into the United States from Canada.

The team said they "recognize and respect the appeals process" in a statement, which went on to

"address certain reckless and false allegations concerning the Yankees' role in this matter."

"The New York Yankees in no way instituted and/or assisted MLB in the direction of this

investigation; or used the investigation as an attempt to avoid its responsibilities under a player

contract; or did its medical staff fail to provide the appropriate standard of care to Alex

Rodriguez," the statement read.

The suspension caps a month-long period of suspicion, accusations and counter-accusations

between Rodriguez, the Yankees and Major League Baseball, during which Rodriguez accused

his team and the league of conspiring to void the remainder of his 10-year, $275 million contract,

which runs through 2017 and under which the team is obligated to pay him approximately

another $95 million.

Rodriguez's appeal will be heard by arbitrator Fredric Horowitz. If the suspension is upheld and

Rodriguez returns in 2015, he'll still have three years left on his Yankees' contract, worth $62

million.

Alex Rodriguez: 'I'm fighting for my life'3 By Adam Reiss. Jason Carroll and Catherine E. Shoichet, CNN

updated 2:47 PM EDT, Tue August 6, 2013

Alex Rodriguez:

Worst time of my

life

STORY HIGHLIGHTS

NEW: The New York Yankees star is booed at Monday night's game

Rodriguez describes the last seven months as a "nightmare"

Major League Baseball suspends Rodriguez for 211 games

12 other players agree to 50-game suspensions without pay

(CNN) -- Major League Baseball on Monday suspended 13 players, including New York Yankees

star Alex Rodriguez, after an investigation into the use of performance-enhancing drugs.

The league suspended Rodriguez for 211 regular-season games through the 2014 season, but the

38-year-old slugger said he planned to appeal. Twelve other players have accepted 50-game

suspensions without pay.

A-Rod and the other players are accused of having ties to the now-shuttered Biogenesis anti-aging

clinic in south Florida and taking performance-enhancing drugs. Rodriguez has denied the

accusation.

"I'm fighting for my life. I have to defend myself. If I don't defend myself, no one else will," he told

reporters after the league announced its decision.

Twitter reaction to A-Rod ban

The last seven months have been a "nightmare," he said.

It "has been probably the worst time of my life for sure," said Rodriguez, "obviously for the

circumstances that are at hand and also dealing with a very tough surgery and a rehab program, and

being 38."

3 http://www.cnn.com/2013/08/05/us/alex-rodriguez-future/index.html

Asked directly whether he had used performance-enhancing drugs, he declined -- repeatedly -- to

comment.

"I think we'll have a forum to discuss all of that, and we'll talk about it then," Rodriguez said.

Earlier in a written statement, he said that he was disappointed with the penalty and intends to

appeal. He thanked family, friends and fans for their support and stressed that he was eager to get

back on the field with his teammates.

Timeline of Alex Rodriguez's rise and fall

His suspension is set to go into effect on Thursday, the league said. But officials also said that

Rodriguez could keep playing if he appeals.

He arrived Monday in Chicago, where he played in a night game against the White Sox. The

Yankees' roster listed him in the starting lineup, batting fourth and playing third base.

At his first at-bat, Rodriguez was met with boos and some cheers from the crowd. He hit a single to

left field.

Before the game started, Yankees manager Joe Girardi said Rodriguez's suspension wouldn't affect

the team.

"He's here. He's going to play," Girardi told reporters. "It really doesn't change anything for us."

What's next for A-Rod?

Major League Baseball's sweeping investigation shows a change in how officials handle

performance-enhancing drugs, CNN sports reporter Rachel Nichols said.

"It used to be that baseball protected its own," she said. "And now we're seeing other people in the

clubhouse, from managers to the players, saying, 'You know what? Go after these guys. We don't

want them in the game.'"

On Monday, Commissioner Bud Selig said the league had no choice but to investigate the

allegations in order to "maintain integrity, fairness and a level playing field."

"Despite the challenges this situation has created during a great season on the field," he said, "we

pursued this matter because it was not only the right thing to do, but the only thing to do."

Sports Illustrated writer Ben Reiter described the suspension of Rodriguez as "unprecedented."

"The sheer magnitude of the suspension is just one we've never seen before," he said.

Union: 'We agree with his decision to fight his suspension'

The league said Rodriguez's punishment is based on his alleged use and possession of banned

performance-enhancing substances, including testosterone and human growth hormone, for multiple

years.

Officials also accuse him of "engaging in a course of conduct intended to obstruct or frustrate" their

investigation into the matter.

The Major League Baseball Players Association said Monday that it's standing behind Rodriguez.

"We agree with his decision to fight his suspension," the union said in a written statement, adding

that it believed the league's commissioner "has not acted appropriately."

Rodriguez's lawyer, David Cornwell, criticized the league.

"Major League Baseball has gone well beyond the authority granted it in its Joint Drug Agreement

and the Basic Agreement," he said. "Consequently, we will appeal the discipline and pursue all legal

remedies available to Alex."

Opinion: A-Rod got off light

Before Monday's announcement, the Biogenesis scandal had already ensnared one star: 2011

National League MVP and Milwaukee Brewers outfielder Ryan Braun.

Last month, Braun was suspended without pay for the rest of this season for violating the league's

drug policy.

Yankees: We're "focused on playing baseball"

The New York Yankees declined to comment on Rodriguez's suspension until the completion of the

appeal process.

"In the meantime," the team said in a written statement, "the Yankees remain focused on playing

baseball."

The team did say it was disappointed by the suspension of Yankees catcher Francisco Cervelli, who

was one of the 12 players who agreed to the 50-game suspension.

"It's clear that he used bad judgment," the Yankees said.

Major League Baseball issued a statement saying that Rodriguez was being disciplined under both

baseball's Joint Drug Prevention and Treatment Program and the players' collective bargaining

agreement.

Under the drug program, "Rodriguez's suspension will be stayed until the completion of his appeal if

Rodriguez files a grievance challenging his discipline," the MLB statement said.

That is also the usual case for suspensions related to drug offenses under the collective bargaining

agreement, but the statement did not specifically address that aspect.

Rich contract may be adding on to A-Rod's woes

Impressive record

Rodriguez is considered one of the game's greatest sluggers. He has 647 home runs -- the fifth most

ever -- in 19 seasons.

In 2009, he had an outstanding postseason as he helped the Yankees win their most recent World

Series title.

He holds the largest contract ever in American sports, signing with the Yankees in 2007 for $275

million over 10 years.

Rodriguez said Friday he believes his contract makes him an attractive target for a baseball ban or

suspension.

"There's more than one party that benefits from me not ever stepping back on the field -- and that's

not my teammates and it's not the Yankees fans," he said.

Rodriguez has missed the entire 2013 season so far after undergoing hip surgery.

Other players suspended

The other players suspended by Major League Baseball Monday are: Philadelphia Phillies pitcher Antonio Bastardo San Diego Padres shortstop Everth Cabrera New York Yankees catcher Francisco Cervelli Texas Rangers outfielder Nelson Cruz Padres pitcher Fautino De Los Santos Houston Astros pitcher Sergio Escalona Yankees outfielder Fernando Martinez Seattle Mariners catcher Jesus Montero Free agent pitcher Jordan Norberto Detroit Tigers shortstop Jhonny Peralta New York Mets outfielder Cesar Puello Mets infielder/outfielder Jordany Valdespin De Los Santos, Escalona, Martinez, Montero, Puello and Valdespin are currently on minor league rosters.

In written statements, several teams said they backed the league's decision.

Cruz said he had made an "error in judgment" after an infection left him concerned about whether he

would be physically able to play.

"Faced with this situation, I made an error in judgment that I deeply regret, and I accept full

responsibility for that error. I should have handled the situation differently, and my illness was no

excuse," he said.

"I look forward to regaining the trust and respect of the Rangers organization, my teammates, and

the great Rangers' fans, and I am grateful for the opportunity to rejoin the team for the playoffs."

CNN's Adam Reiss reported from New York, CNN's Jason Carroll reported from Chicago and CNN's Catherine E. Shoichet

reported from Atlanta. CNN's Steve Almasy and David Close contributed to this report.

New York Yankees' Alex Rodriguez in baseball doping ban

4

5 August 2013 Last updated at 23:12 ET

Alex Rodriguez: "If I don't defend myself no-one else will."

Related Stories

Baseball star suspended over

doping

What baseball tells us about

America

Q&A: Anabolic steroids

Baseball's highest paid star, Alex Rodriguez, has said he is fighting for his life as he and 12

other players are suspended in a doping scandal.

Major League Baseball banned the New York Yankees slugger for 211 games until the end of

the 2014 season.

The 38-year-old is one of a few players who have been linked to a closed Florida clinic which

allegedly supplied banned performing-enhancing drugs.

Rodriguez, who is popularly known as A-Rod, said he would appeal the penalty.

He can continue playing while his challenge is being heard.

'Mistakes made'

In a news conference on Monday, Rodriguez did not deny using performance-enhancing drugs,

saying he would address the issue another time.

"I'm sure there's been mistakes made along the way," he said. "We're here now.

"I'm a human being. I've had two hip surgeries. I've had two knee surgeries. I'm fighting for my

life. I have to defend myself. If I don't defend myself no-one else will."

4 http://www.bbc.co.uk/news/world-us-canada-23578738

He spoke just hours before taking to the field for the first time this season after his surgery. The

Yankees played the Chicago White Sox.

Other players suspended on Monday include the Texas Rangers' Nelson Cruz, Jhonny Peralta

of the Detroit Tigers, and Everth Cabrera who plays with the San Diego Padres. They each

received a 50-game ban.

They are the latest players to fall foul of the doping allegations which have plagued the sport.

Only last month, the Milwaukee Brewers' Ryan Braun was banned for the 2013 season. The

third baseman was accused of breaking drug rules and accepted a 65-game suspension.

But Rodriguez is the most high profile star to be snared by investigators. His current 647 home

runs places him at fifth for the all-time record.

Major League Baseball, the organisation governing the sport, said Rodriguez had been

suspended for "his use and possession of numerous forms of prohibited performance-

enhancing substances, including testosterone and human growth hormone, over the course of

multiple years".

The statement also accused the player of "attempting to cover up his violations" by obstructing

the investigation.

Baseball commissioner Bud Selig said on Monday: "We continue to attack this issue on every

front."

The accusations against Rodriguez emerged from a major investigation into a shut Florida drug

clinic, Biogenesis, that allegedly distributed performance-enhancing drugs to a number of

professional baseball players.

Rodriguez was accused of interfering with the Major League Baseball investigation into

Biogenesis, resulting in a harsher penalty, correspondents say.

He previously admitted using performance-enhancing drugs while playing for a Texas team

between 2001-03, but had denied using steroids since.

He was named Most Valuable Player in baseball's American League three times.

The divorced father of two's earnings this year total over $30m (£19.5m) according to Forbes.

Rodriguez has previously been romantically linked to a string of celebrities, including pop singer

Madonna and actresses Kate Hudson and Cameron Diaz.

After years of inflated batting statistics - and arm muscles - during what has become known as

baseball's "steroids era", the extent of doping in the sport was laid bare in a 2007 report by

former Senator George Mitchell.

The sport subsequently strengthened its drug-testing policies and created an investigative

branch to prosecute such offences.

Many had hoped the changes would usher in a new, "clean" era for the sport.

Baseball legends such as Barry Bonds and Roger Clemens were previously both accused of

lying about alleged steroid use.

Bonds was convicted of obstruction of justice, while Clemens was cleared of perjury. The

allegations left a cloud over both stars' legacies.

Keep scrolling down for rubrics and a sample completed assignment!

General Suggestions for Writing Case Studies5

How not to write your paper:

I. Focus & Relevance Be sure that you understand the assignment and have understood each question. Your responses should be focused on the questions I’ve asked & not the questions you wish I had asked! It is important to weed out all irrelevant considerations or concerns that an economist or historian or political scientist might have but are not strictly speaking, ethical concerns. Look at the completed sample case study for some ideas.

II. Format You should copy & paste or re-type only the first part of the question (the portion in bold type). Please number each response corresponding to the assigned questions. Papers should be 2 pages, using 12pt. fonts and 1 inch margins all around. There should be an extra space separating your responses to each question. Again, please reference the completed sample case study and follow the format exemplified.

III. Tone/Voice Ever since George Carlin pointed out that “using your own words” would result in a

private and hence meaningless expressions, I’ve had to give up on the phrase, however a certain degree of originality is still important. Your task is to explain a concept as if you were the Teaching Assistant for this class. If you simply repeat the text or my lecture, you haven’t helped your imaginary student. You need to clarify the argument/concept in a way that demonstrates that you really understand it and can express the same ideas in a way that is different than has already been explained by the text or by me.

IV. Adequate and Balanced Defense of Your Argument In question three, you are asked to make an argument using the philosopher we’re studying. You should be clear in your thesis early in the paragraph. It is important

5 Please note that these guidelines are for my class assignments. Individual instructors may have other format preferences and

you should consult with your teacher for the details before completing your assignment.

to ensure that your application is consistent with the philosopher’s theory and that you support that application with a well-thought-out defense. You should include counter-considerations that are relevant to that theory and could impact the philosopher’s conclusions.

V. Quotes Quoting is a way of supporting your interpretation of an argument or theory. Relevance to your response and to the question asked is critical. Quotes can be edited but be careful not to take the quote out of context, thus altering the intent of the author. The length of the quote must be appropriate to the length of the assignment: short papers require shorter quotes. All quotes must come from the original author’s works, neither from the secondary commentary of the author of our text nor from my lectures or power points. Quotes need only be cited with the page in our text where it was found (see sample completed assignment).

VI. Length Part of the criteria for success is efficient use of the space allowed. If you write a single sentence for a one/third page assignment, you have not satisfied this criterion. However, this is not an invitation to use the additional space for stream-of-consciousness or irrelevant information not pertinent to the assigned issue. If you are having difficulties with the length, it is usually because you have not recognized or developed sufficiently the various issues involved. Conversely, if your draft is too long, you need to whittle it down to just the relevant essentials, perhaps editing out the anecdotes or redundancies; more is not always better! I am very willing to help if you submit drafts sufficiently before the due date.

VII. Rough Drafts I have invited all of you to bring rough drafts of your completed assignment in for a preview reading. I do not offer re-writes after I have graded your papers. Rough drafts are brought in during my office hours or by appointment and I only read them in person - with the student present. Please do not submit rough drafts electronically nor should you drop them off in my box. I support pro-active measures that encourage preparation and thought and with rough draft readings, both the student and I should benefit with the end result being a better final draft. If your work satisfies my criteria (see rubrics following) for “A” level work, and if the draft is formatted and printed in final draft format, I will sign off on the draft, guaranteeing those students somewhere between 100% and 90% of the points possible for this assignment. Your cut-off for rough draft submissions is 24 hours prior to the due date; I will read no rough drafts the day of or the day prior to the due date.

Keep scrolling down for rubrics and a sample completed assignment!

Standards (Rubrics) for Grading Case Studies

The excellent paper (100-90% of points) will exhibit the following qualities:

Question 2:

All items are listed as normatively neutral questions. No immediate bias is evidenced.

All critical questions have been raised given the space allowed. Questions are relevant to the case and would be likely to be relevant to the

philosophers/theories being applied to the case in the third section. Questions are likely to drive effective and informative research. The questions

should be answerable (at least in terms of probabilities or projections backed up with historical data).

Questions are grammatically correct and are presented in a bulleted list.

Question 3:

A clear thesis statement is made at the beginning of the response.

Argument is focused on the key issues.

Argument is clear and well organized.

Argument is effectively supported with relevant reasons.

Sufficient detail from the philosopher’s theory is provided. Argument is effectively supported with relevant quotes from the philosopher’s

primary work & all quotes are cited properly.

Responses reflect careful and detailed consideration of background material provided.

No immediate personal bias is evidenced.

Question 4:

Core critical barriers are identified.

All critical barriers raised are reflective of real-world practical considerations.

Question 5:

All barriers raised in the fourth section have responses.

Solutions proposed should be reasonably and humanly applicable (e.g. not asking for divine

intervention).

Solutions proposed should be well supported given the space allowed.

Overall Impressions: Study presents evidence of a thoughtful and deliberative approach. Language is clear and explanations/arguments are original Effective use has been made of space allowed

Study reflects careful consideration of background material provided. There is good logic flow from one response to another – issues raised in earlier

questions must link logically with responses to later questions. The study is scholarly, with effective use of the essays and relevant philosophical

theory. All quotes and references are properly cited. Assignment format has been followed.

Good (89-80% points) The good paper will demonstrate all the above qualities but perhaps to a lesser degree or, will demonstrate some of the above qualities excellently, but not all of the qualities will be presented at a consistently high level.

Satisfactory (79-70% points)

The satisfactory paper will present all of the above qualities but not as strongly as the good paper or, some qualities may be stronger with some not as strong. Insight is not usually present.

Needs Work (69-60% points) This paper is weak on many of the desired qualities.

Really Needs Work – Pretty Much Unacceptable (59-0% points) This paper presents few if any of the desired qualities.

Keep scrolling down for a sample completed assignment!

Cabrillo College Sophia Philein Ethics – Philosophy 10 Fall 2013

Case Study #1: Mill, Arizona & House Bill 2281

1. What are the relevant ethical considerations for this case?

Should teachers or legislators be responsible for making decisions about appropriate curriculum & by what criteria should public school programs be judged for funding and implementation?

Should public school curriculum reflect the ethnic diversity of the population it serves & is the public best served by encouraging a better understanding of ethnic identities, cultures & histories?

2. What sort of further information would assist you in formulating a response to these issues?

What was the drop-out rate for AZ Latino students before vs. during the program? How did the drop-out rate of students who participated in the program compare to the overall drop-out rates of the school district?

How have the students in the ethnic studies program performed on standardized tests as compared to the general population of students in the district?

Was there an increase in school violence or public disturbances linked to racial tension during the period the program was taught?

Have any studies been performed to link diversity of curriculum to student success?

What was the racial background of the students in the program?

Is the public funding of AZ schools very limited or decreasing? How does AZ per student spending compare to other states in the US?

How much does the ethnic studies program cost per student compared to the general courses taught and how many students as a percent of the total school district population does it serve?

In other states/cities/districts what impact has the institution of ethnic studies programs had on the students who participate?

3. Pending the acquisition of this information, how do you think Mill would respond to this case? There are three main reasons why Mill would have rejected Arizona’s House Bill 2281. First, Mill was a utilitarian and thus would weigh the moral worth of this bill in terms of outcomes and the number of people affected. From such a cost-benefit analysis, it appears that though the ethnic studies programs may have been more expensive and served a smaller population of students, the outcomes were significant in terms of greater retention and graduation rates, better scores on standardized exams, higher transfers to colleges, and a significantly more motivated student body who felt empowered to work towards issues of social justice and equal opportunities for Latinos.6 Under the old system, one must consider the cost of educating students who fail or drop-out. The waste of finite public resources, combined with the social cost of high school drop-outs in terms of quality of life, higher incidences of crime, unrealized potential and lost productivity cannot be disregarded. Secondly, Mill held there is a connection between education, a just society and the greatest good or ‘happiness’ as he called it. For Mill, happiness involved free will, empowered action, a sense of pride and most importantly, a kind of higher rational dignity. (p.266) He argued, “The present wretched education and wretched social arrangements are the only real hindrance to its being attainable by almost all.” (p.267) If it can be adequately shown that the ethnic studies do

6 http://www.pbs.org/independentlens/precious-knowledge/

contribute to such qualities for a significant number of students – and anecdotal evidence supports this – then this is just the sort of program of which Mill would most approve. Many of the participants reported a significant change in their understanding of how their ancestors contributed to this country and that they had gained a real sense of empowerment and optimism about their own future. Finally, as a classic libertarian, Mill was opposed to excessive government intervention. (p.256) He wrote, “The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.” (p255) There appears to be little evidence to support that there was an active harm incurred through the teaching of ethnic studies. Contrarily, there is good evidence that an ethnically diverse curriculum is pedagogically defensible. The Arizona state legislators’ move has effectively curbed a cherished practice of academic freedom. Encyclopedia Britannica defines academic freedom as, “the freedom of teachers and students to teach, study, and pursue knowledge and research without unreasonable interference or restriction from law, institutional regulations, or public pressure. Its basic elements include the freedom of teachers to inquire into any subject that evokes their intellectual concern…and to teach in the manner they consider professionally appropriate.”7 In order to justify this Bill, the legislators needed to demonstrate positive harms such as proving a clear link between an increase in racially motivated violence and the program. Mill argued strenuously against censorship in On Liberty, “If all mankind minus one, were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person, than he, if he had the power, would be justified in silencing mankind.”8 It seems clear that, in this case, there are greater harms in censorship and the erosion of freedom than there are gains made in the name of consistency and standardization. When one includes the books that were also banned, this looks like a bad Bill likely to result in worse consequences.

4. Identify some of the barriers to acting ethically in this particular case?

Arizona’s history of increasing tension between Latinos and the white population tends to color many decisions made by legislators at the state & local level without adequate objective investigation.

The Latino population is traditionally underrepresented both in terms of voter turn-out and in campaign contributions; the representatives are consequently not as motivated to see Latinos as an important part of their constituency.

Public school funds are always limited and special programs do tend to cost more per student and serve fewer students as a whole.

Some believe that tailoring district curriculum to reflect the ethnicity of local populations would impede the perceived need for consistency - ensuring that all students graduate with the same basic skill sets.

5. Reply to the counter-considerations identified in #4.

Educators and school administrators need to lobby for more objective criteria for school program funding and further research needs to be done to look at the efficacy of ethnic studies nationwide

Latino voters & politicians need to become more active with voter registration and turnout among the interested constituency. They can also work for campaign finance reform to reduce bias.

A set of standardized criteria need to be developed to evaluate the outcomes based on investment. School funding also needs to be increased as AZ is one of the lowest states in per student spending.

Further studies are needed to document how the institution of ethnic studies programs impact students’ performance on standardized tests.

7 http://www.britannica.com/EBchecked/topic/2591/academic-freedom 8 http://kaitlinemarrin.wordpress.com/2010/06/28/john-stuart-mill-on-liberty-chapter-2-of-the-liberty-of-thought-and-discussion/