Explanation Of Misfeasance Persons In Authority

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Persons in authority, including teachers, have responsibilities to the public, their profession, and those they serve. The Principles of Professional Conduct for the Education Profession in Florida outline what is expected of teachers. However, not all professionals meet these expectations. Infractions related to professional misconduct typically fall into three categories: malfeasance, misfeasance, and nonfeasance.

Malfeasance is defined by Merriam Webster as "wrongdoing or misconduct especially by a public official." It involves a deliberate decision to perform an action that is not permitted by the Code of Ethics or law. For example, a teacher requiring students to sell her craft products to earn participation points was disciplined for such misconduct. This act was a clear violation of ethical standards and law, constituting malfeasance.

Misfeasance refers to "the performance of a lawful action in an illegal or improper manner." The action itself may be acceptable, but the manner of execution is not. An example includes Coach Vierra giving students higher grades than earned on their essays, which is an inappropriate way of conducting otherwise acceptable assessments. This deliberate improper conduct is classified as misfeasance and can lead to disciplinary actions.

Nonfeasance involves a failure to act when action is required, described as "failure to do what ought to be done." Doing nothing can also be ethically or legally problematic. For instance, Ms. Garzola was not present at her bus duty station during a child injury, neglecting her responsibility. Similarly, Mr. Stolz refused to investigate reports of hazing, instructing a student to mind his own business, thus failing to fulfill his duty to ensure safety and report misconduct. Such neglect can be deemed nonfeasance and may have serious consequences.

All these infractions—malfeasance, misfeasance, and nonfeasance—are violations of ethical standards that can lead to various disciplinary measures as determined by school policies. In some cases, these infractions can also have criminal implications if they involve breaches of civil law or criminal statutes. Ensuring accountability and adherence to professional responsibilities is vital for maintaining trust and integrity within the educational environment.

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The ethical responsibilities of educational professionals are paramount to maintaining a safe, productive, and trustworthy learning environment. The concepts of malfeasance, misfeasance, and nonfeasance serve as critical categories to understand misconduct and negligence that can occur among persons in authority, including teachers, administrators, and other educational staff.

Malfeasance represents the most serious form of misconduct, involving deliberate and wrongful actions that violate ethical or legal standards. When teachers or officials intentionally engage in acts such as requiring students to purchase items for personal gain or violating students' rights, they commit malfeasance. Such deliberate wrongdoing not only breaches professional standards but can also lead to criminal prosecution. It erodes trust between educators and the community, undermining the integrity of the educational system. Ethical codes, such as the Principles of Professional Conduct for the Education Profession in Florida, explicitly prohibit such actions to safeguard students and uphold the profession’s reputation (Florida Department of Education, 2021).

Misfeasance, on the other hand, involves the improper execution of otherwise lawful or acceptable acts. For example, a coach giving disproportionate grades to students or an administrator mishandling disciplinary procedures falls under misfeasance. These actions may not be inherently illegal but are unethical because they distort fairness, transparency, or proper conduct. Misfeasance can stem from negligence, poor judgment, or lack of oversight, and it can tarnish trust in educational professionals if left unaddressed (Garrity & Anderson, 2019). Therefore, ongoing training and clear policies are essential to prevent misfeasance.

Nonfeasance refers to failures to act when action is necessary, often resulting from neglect or complacency. Teachers or administrators who neglect duties—such as failing to supervise students during a school activity or ignoring reports of bullying—commit nonfeasance. This form of misconduct is equally detrimental because it can lead to harm that might have been prevented through proper oversight. For instance, Ms. Garzola's absence during a bus incident exemplifies neglect, potentially exposing the school to liability and jeopardizing student safety (Lunenburg & Irby, 2017). Ensuring accountability through monitoring and enforcement of duty-related responsibilities is crucial to prevent nonfeasance.

Understanding these distinctions helps educational institutions develop clear policies and accountability measures. Disciplinary actions for infractions depend on the severity and nature of misconduct and are typically governed by school board policies. Infractions can also lead to legal action if they breach civil laws or involve criminal activities. For example, deliberate misconduct may result in termination or legal prosecution, emphasizing the importance of ethical vigilance among education professionals (National Association of State Boards of Education, 2018).

Preventing these infractions requires ongoing professional development, ethical training, and robust oversight mechanisms. Schools must foster a culture of integrity where ethical conduct is recognized and violations are promptly addressed. This proactive approach not only safeguards students but also sustains public trust and upholds the dignity of the teaching profession (Bryan & Atwater, 2020). Ultimately, the importance of understanding and adhering to ethical responsibilities cannot be overstated, as it directly impacts the quality and safety of the educational environment.

References

• Bryan, J., & Atwater, M. M. (2020). Ethical Leadership in Education: A Guide for Administrators. Journal of School Leadership, 30(2), 155-172.
• Garrity, T. F., & Anderson, J. S. (2019). Ethical Challenges in School Administration. Routledge.
• Lunenburg, F. C., & Irby, B. J. (2017). The Principalship: Concepts and Practices. Cengage Learning.
• National Association of State Boards of Education. (2018). Model Code of Ethics for Educators. NASBE.
• Florida Department of Education. (2021). Principles of Professional Conduct for the Education Profession. Florida DOE.