Legal and Ethical Issues in Nursing Education

Mary Ellen Smith Glasgow, PhD, RN, ACNS-BC, ANEF, FAAN, is dean and professor, Duquesne University School of Nursing, Pittsburgh, Pennsylvania. An early driver and adopter of innovation, she has developed many innovative academic programs; incorporated the cooperative education model; envisioned and implemented the use of online courses and standardized patients, simulation, and various technologies in the nursing and undergraduate health profession curricula. She advanced online pedagogy, developing one of the largest online nursing programs in the country, utilizing asynchronous and synchronous creative teaching strategies. She recently developed the first dual undergraduate-degree program in nursing and biomedical engineering in the nation at Duquesne University. She was honored with the Villanova University College of Nursing Alumni Medallion for Distinguished Contribution to Nursing Education. She was the former associate editor for Oncology Nursing Forum, where she was responsible for the leadership and professional development feature. She was a trustee of Princeton HealthCare System and was selected as a 2009 Robert Wood Johnson Foundation Executive Nurse Fellow. She has more than 70 publications, 135 national and international presentations, and recently coauthored two books: Role Development for Doctoral Advanced Nursing Practice (2011, first edition), the recipient of the 2011 American Journal of Nursing Book-of-the-Year Award, and Legal Issues Confronting Today's Nursing Faculty: A Case Study Approach (2012), the recipient of the 2012 AJN Book-of-the-Year Award. Her research interests include safety and interprofessional simulation and leadership development in nursing, for which she secured $2 million in funding. She was elected as a fellow of the American Academy of Nursing and the National League for Nursing Academy of Nursing Education. H. Michael Dreher, PhD, RN, FAAN, is the Elizabeth Bell LeVaca dean and professor, School of Nursing & Healthcare Professions, The College of New Rochelle, New Rochelle, New York. He has worked in the field of nursing for 32 years and was associate director of BSN programs, director of MSN programs, and founding chair of the Doctoral Nursing Department at Drexel University College of Nursing and Health Professions, Philadelphia, Pennsylvania. He developed the first MSN in Nursing Innovation in 2007 and one of the first Doctor of Nursing Practice programs in the country in 2005. This program included the first mandatory doctoral nursing study abroad program in the United States. He regularly contributes to scholarly publications on legal issues in nursing education and advanced practice doctoral nursing education and has coauthored four books, including Philosophy of Science for Nursing Practice: Concepts and Applications (2011, 2016, with Michael D. Dahnke, PhD), which received a 5-Star Doody Review in 2011 and was selected as a Core Doody Title 2011 to 2013; and two first-place American Journal of Nursing Books of the Year: Role Development for Doctoral Advanced Nursing Practice (2011, with Mary Ellen Smith Glasgow) and Legal Issues Confronting Today's Nursing Faculty: A Case Study Approach (2012, with Mary Ellen Smith Glasgow and Toby Oxholm III, JD). He is the former associate editor for Clinical Scholars Review: The Journal of Doctoral Nursing Practice (where he edited a column on practice evidence) and Holistic Nursing Practice (where he edited a column on innovation in health and healing). He was a recent scholar in residence at the University of Connecticut School of Nursing in Storrs, Connecticut. He is well known as an innovator, an architect of forward-thinking nursing curricula, and a national and international scholar on the professional/practice doctorate. He was inducted as a fellow in the American Academy of Nursing (AAN) in 2012. Michael D. Dahnke, PhD, is a philosopher and bioethicist. He received his PhD in philosophy from Temple University (2002) and a BA in liberal studies from Bowling Green State University (1990). His dissertation was 'Film and the Aesthetic Construction of Self/Sex/Gender' under the supervision of Dr. Charles Dyke. His areas of specialty include philosophy of science, ethics, aesthetics, philosophy of film, and contemporary continental philosophy. The first edition of this text, Philosophy of Nursing Science for Nursing Practice: Concepts and Application, received a five-star review from Doody's and was selected as a Core Doody Title 2010 to 2012. He is the author of Film, Art, and Filmart: An Introduction to Aesthetics Through Film (2007). Some of his recent publications include 'What We Learn (and Don't Learn) From the Terri Schiavo Autopsy' in the journal Functional Neurology, Rehabilitation, and Ergonomics; 'Devotion, Diversity, and Reasoning' in the Journal of Bioethical Inquiry; and 'Emmanuel Levinas and the Face of Terri Schiavo: Bioethical and Phenomenological Reflections on a Public Spectacle and Private Tragedy' in Theoretical Medicine and Bioethics. Prior to his move to New York City, he most recently served as clinical associate professor, teaching ethics in the Department of Health Administration and advanced ethical decision making in health care and philosophy of science in the master's nursing department and doctoral nursing department, respectively, at Drexel University in Philadelphia, Pennsylvania.

Preface
About the authors
Contributors
Note from Authors
Acknowledgements
Section I: Revisiting the Legal Process
An Introduction to the Legal Process: A Primer
Legal Issues Commonly Encountered by Faculty and Academic Administrators
How to Read a Judicial Decision
4. The Role of the University Attorney: When the Academic Nursing Administrator Comes Calling
Section II: The Ethics Dimension of Legal and Ethical Issues in Nursing Education
Basic Primer on Applied Ethics
The Ethics of Nursing Education
Section III: Legal and Ethical Cases with Nursing Students, Faculty, & Administrators
Each of the following will be an individual case:
Neutrality, Confidentiality and Independence: The Role of the Ombudsman When a Student Files a Complaint
Neutrality, Confidentiality and Independence in the Role of the Ombudsman: When a Faculty Files a Complaint
Due Process Issues for the Student
A Critical Explanation of what ‘Academic Freedom’ really is and what it is not!
Intellectual Property: – When faculty members misrepresent a work-product as their own
The Tenure Process
Harassment
Managing Issues of Student Complaints of Discrimination
Academic Dishonesty Among Students
Academic Freedom Issues for the Student
Incivility: Faculty on Faculty and Academic Nursing Administrator on Faculty, Their Subordinates
Conflict of Interest in the Faculty Role
Disability Issues for the Student
When Academic Nursing Policies are Ignored, Not Enforced, or Overruled?
Individual Rights and Public Safety: Addressing Conduct and Mental Health Issues Among Students
Substance Misuse: Assessment and Confrontation in the Nursing Education
Medical Marijuana and Nursing Students: An Evolving Higher Education Quandary
Section IV: Specific Clinical Education Issues
Clinical Probation and Failure
The Testing Environment
Changing the NCLEX-RN to the Clinical Judgment Measurement Model: Educational, Legal, and Ethical Implications
Creating a Safe and Ethical Nursing Education Environment
Section V: Specific Issues Confronting Adjunct Faculty in the Clinical Agency and Classroom
Confronting Adjunct Faculty Issues in the Classroom and Clinical Agency
Student-Faculty Professional Boundaries in the Academic and Clinical Environment
Addressing Students with Mental Health Issues or Psychiatric Disabilities
A Bad Action: Is it Ethical, Illegal, or Both?