丁香园AV

Discretionary Decision-Making

The discretionary decision-making technique is key to making fair decisions in the academic setting.

There are several steps to take in the process of discretionary decision-making:

1) Identify the scope of your authority

First, ask yourself: Is there a policy that governs the issue you are dealing with?

Yes: Often you will find that the policy uses words like 鈥渕ay鈥�, 鈥渘ormally鈥�, or 鈥済enerally鈥�. These words indicate that exceptions can be considered and indicate that the authorized person can exercise discretionary decision-making. Conversely, words like 鈥渟hall鈥� or 鈥渕ust鈥� often indicate that there is no room for discretion.

No: If there is no policy, determine who is most appropriately positioned to make a decision. This person can exercise discretionary decision-making.

2) Understand what discretionary decision-making is

According to the Ombudsperson of British Columbia:

鈥淒iscretion in administrative decision making involves the power to choose between two or more possible courses of action using professional judgment and expertise (2021)鈥�. ()

Discretionary decision-making allows for flexibility when a decision-maker is asked to consider unique and complex situations. There is often confusion about how to exercise discretionary decision-making, and much of that confusion arises from the misguided notion that to treat everyone fairly, they must be treated the same.

Why is it not fair to treat everyone the same?

Simply put, not everyone is the same. The equivocation of sameness and fairness is a common but fundamental misunderstanding. Treating everyone the same can in fact create unfairness and perpetuate inequality.

Similarly, definitive stances (ex. 鈥淚 never grant extensions鈥�) that do not allow for the consideration of extenuating or special circumstances are arbitrary and risk violating fairness principles. In fact, where a decision-maker has been granted discretion, the refusal to consider exercising that discretion may amount to procedural unfairness. 

But doesn鈥檛 consistency in a class ensure fairness for all students?

Yes, consistency is essential to fairness. You should not allow irrelevant factors to influence decision-making or apply a rule differently to different individuals without good reason. However, it is not only permissible but essential to consider relevant factors that may be unique to the individual making the request.

Remember, fairness does not mean treating everyone the same, it means taking into consideration all of the circumstances and making a decision that is reasonable and that can be justified and defended.

But what about the 鈥渟lippery slope鈥� ? (a.k.a. if I do this for you, I will have to do this for everyone who asks) What about setting a precedent that unleashes a tidal wave of requests?

Making a decision for one individual because of their unique circumstances does not mean that you must make the same decision in other cases where the circumstances can be differentiated. Here is how I recommend approaching the decision-making process:

1. Identify the principles you use to make your decisions. What is the purpose or intent of those principles?
2. Identify the unique circumstances that have been presented and consider how to apply the principles to those circumstances to reach a decision.
   
3. Last ask yourself, would a strict application result in an outcome that is unjust or have a disproportionately negative impact?

In short, know the 鈥渨hy鈥�. If you make an exception, you should be able to clearly articulate your reasons for doing so. This will help you to identify when the same exception is justified in future cases and when it is not.

Principles that may be relevant to a decision like granting an extension may include:

• The nature of the extenuating circumstance. Was it something that could have reasonably been anticipated? If so, what steps did the student take to try and mitigate the negative impact?
• Did the student reach out with their request in a timely manner? If not, have they explained why?
• Did you provide clear guidance to all students about what to do if they encountered challenges? Did you identify your expected timeline for notification? Students cannot be expected to comply with expectations not communicated to them.

Other Considerations:

As an instructor are you aware of the various resources and supports available to students at the institution? If not, do you know where to refer a student to get this type of information?

Please be respectful of privacy and consider how much information you truly require to make your decision. For example, if a student approaches you about a medical issue, you are not entitled to information about their specific diagnosis. It is sufficient to know that they are experiencing health concerns that are interfering with their academic obligations

3) Be Reasonable

Use common sense and compassion and give genuine consideration to individual circumstances to produce outcomes that are appropriate.