Journal of Moral Theology, Volume 9, Special Issue 2
250 Pages

Journal of Moral Theology, Volume 9, Special Issue 2



University Ethics: The Status of the Field
Matthew J. Gaudet
A Crisis of Mistaken Identity: The Ethical Insufficiency of the Corporate University Model
Conor M. Kelly
Discipline is not Prevention: Transforming the Cultural Foundations of Campus Rape Culture
Megan K. McCabe
Navigating the Ethics of University-Based Medical Research
Michael McCarthy
Catholic Universities and Religious Liberty
Laurie Johnston
The System of Scholarly Communication through the Lens of Jesuit Values
Lev Rickards and Shannon Kealey
The Community Colleges: Giving Them the Ethical Recognition They Deserve
James F. Keenan, S.J.
The Data and Ethics of Contingent Faculty at Catholic Colleges and Universities
Andrew Herr, Julia Cavallo, and Jason King
The Ethics Program at Villanova University: A Story of Seed Sowing
Mark J. Doorley
A University Applied Ethics Center: The Markkula Center for Applied Ethics at Santa Clara University
Brian Patrick Green, David DeCosse, Kirk Hanson, Don Heider, Margaret R. McLean, Irina Raicu, and Ann Skeet
Diversity, Equity, and Inclusion --Doing the Work of Mission in the University
Teresa A. Nance



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Published 08 December 2020
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Journal of Moral Theology is published semiannually, with regular issues in January and June. Our mission is to publish scholarly articles in the field of Catholic moral theology, as well as theological treat-ments of related topics in philosophy, economics, political philosophy, and psychology.
Articles published in theJournal of Moral Theologyundergo at least two double blind peer reviews. To submit an article for the journal, please visit the "For Authors" page on our website at
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EDITOR EMERITUS AND UNIVERSITY LIAISON David M. McCarthy,Mount St. Mary’s University EDITORJason King,Saint Vincent College SENIOREDITOR William J. Collinge,Mount St. Mary’s University ASSOCIATE EDITOR M. Therese Lysaught,Loyola University of ChicagoMANAGING EDITOR Kathy Criasia,Mount St. Mary’s University BOOK REVIEW EDITORS Kent Lasnoski,Wyoming Catholic College Mari Rapela Heidt,Notre Dame of Maryland University EDITORIAL BOARD Jana M. Bennett,University of DaytonMara Brecht,St. Norbert College Jim Caccamo,St. Joseph’s University Meghan Clark,St. John’s University David Cloutier,The Catholic University of AmericaChristopher Denny,St. John’s University Mary M. Doyle Roche,College of the Holy Cross Matthew J. Gaudet,Santa Clara University Kelly Johnson,University of Dayton Andrew Kim,Marquette University Warren Kinghorn,Duke University Ramon Luzarraga,Benedictine University, MesaWilliam C. Mattison III,University of Notre Dame Christopher McMahon,Saint Vincent CollegeMatthew Shadle,Marymount UniversityJoel Shuman,Kings CollegeChristopher P. Vogt,St. John’s UniversityPaul Wadell,St. Norbert College
University Ethics: The Status of the Field  Matthew J. Gaudet............................................................1..........
A Crisis of Mistaken Identity: The Ethical Insufficiency of the Corporate University Model.......................................................................Conor M. Kelly 23
Discipline is not Prevention: Transforming the Cultural Foundations of Campus Rape Culture Megan K. McCabe.....................................................49................
Navigating the Ethics of University-Based Medical Research Michael McCarthy...................................................................... 72
Catholic Universities and Religious Liberty  Laurie Johnston.......................................................................... 91
The System of Scholarly Communication through the Lens of Jesuit Values  Lev Rickards and Shannon Kealey......................................... 117
The Community Colleges: Giving Them the Ethical Recognition They Deserve James F. Keenan, S.J. .............................................................143
The Data and Ethics of Contingent Faculty at Catholic Colleges and Universities  Andrew Herr, Julia Cavallo, and Jason King.......................... 165
The Ethics Program at Villanova University: A Story of Seed Sowing  Mark J. Doorley............................................................................ 185
A University Applied Ethics Center: The Markkula Center for  Applied Ethics at Santa Clara University  Brian Patrick Green, David DeCosse, Kirk Hanson, Don Heider, Margaret R. McLean, Irina Raicu, and Ann Skeet................029...
Diversity, Equity, and Inclusion —Doing the Work of Mission in the University  Teresa A. Nance....................................................................... 229
Journal of Moral Theology,Vol. 9, Special Issue 2 (2020): 1-22 R E V I E W E S S A Y University Ethics: The Status of the FieldMatthew J. Gaudet N THE COURSE OF A SINGLE WEEK in December 2018, three events coincided within a few days’ time to put useful context to stuIdent in 2016) was able to secure a plea deal that reduced charges of the ideas I wish to present here. First, Jacob Anderson (a former Baylor University student who was accused of raping a fellow sexual assault (a crime punishable by up to twenty years in prison and lifetime registration as a sexual offender) down to “unlawful restraint” and a punishment that included no jail time, three years of probation, 1 and mere $400 fine. Second, the US Department of Education was forced by court order to honor a debt forgiveness program developed under the Obama administration to relieve the debts of students who had attended for-profit colleges that had illegally deceived students into borrowing funds to attend the schools, many of which closed be-2 fore students were able to obtain their degrees. Third, a friend and colleague who is new to teaching came to me for advice upon discov-ering that one of his students had plagiarized their final paper. At first glance, these three events appear to be unrelated, save for their chronological happenstance and the fact that they all occurred within the realm of higher education. Even if these three events in-volved the same university, they would hardly be understood by most people as related in any meaningful way. For one, each issue would have fallen under separate jurisdictions on campus. Sexual assault is a legal issue and thus would likely have involved public safety, the uni-versity counsel, and perhaps the student life office. Student loans fall under financial aid, which is typically the department of enrollment management, and insofar as the fraud involved the solvency of the
1 Richard A. Oppel Jr., “Court Approves Plea Deal With No Jail Time in Baylor Rape Case,”The New York Times, December 12, 2018, 2 Zack Friedman, “Betsy Devos To Forgive $150 Million Of Student Loans,”Forbes, December 17, 2018,
2Matthew J. Gaudet colleges, it involved the finance department. Plagiarism is an aca-demic issue, under the purview of the provost, deans, and the individ-ual professors. Similarly, if these three events were to be taken up by ethics scholars, they would fall into three different scholarly fields: sexual ethics, economic/public policy ethics, and academic ethics, re-spectively. However, in framing these issues on campus as distinct and unre-lated, are we missing the forest for the trees? In compartmentalizing the moral problems that occur on a university campus and dealing with them only within their respective fiefdoms, have we missed the ways in which these issues are all related? Most notably, have we missed— or perhaps dismissed—the importance of a university culture that has permitted—and even sometimes encouraged—all of these immoral actors and actions? This is the argument put forth by the nascent field of university ethics. The father of and most notable leader in the field, James Keenan, SJ, summarizes the impetus for university ethics this way: “Simply put, the American university … has not created a culture of ethical consciousness and accountability at the university, and this is in part both because of the nature of the contemporary university 3 and because it does not believe that it needs ethics.” Keenan’s notion of a “culture of ethical consciousness” is vitally important. University ethics is not merely an umbrella term, gathering under it all of the different types of moral cases that occur on campus. Rather, university ethics as an academic field aims to reveal the inter-connectedness of the moral issues that occur on campus and encour-ages the powers-that-be to approach the morality of the university ho-listically and culturally. [A lack of moral culture on campus] cannot be addressed by simply developing a code of conduct for professors, students, coaches, ad-missions officers, and the rest. Before we ever articulate a professional code of conduct for each community within the university, I think we need to develop a culture of awareness among faculty, staff, adminis-trators, and students that for a university to flourish, it needs to recog-nize the integral, constitutive role of ethics in the formation of a flour-4 ishing community. In short, if we are going to get to the actual root of the moral failures that occur in the various nooks and corners of the university, first we need to build acultureof ethics. University ethics is the field of aca-demic study aimed at defining and promoting that culture.
3 James F. Keenan,University Ethics: How Colleges Can Build and Benefit from a Culture of Ethics, Kindle Edition (Lanham, Maryland: Rowman & Littlefield, 2015), chap. 1. 4 Keenan,University Ethics,chap. 1.
University Ethics3 This article’s task is to provide a snapshot of this emerging field at its current state of development. First, I will trace Keenan’s work to germinate university ethics as a new field worthy of study. Second, I will examine several precursors to university ethics and how these pre-cursors continue to provide fertile soil for the field from which this new field may continue to grow. Next, I will survey the current state of the field, identifying where the field has already begun to bloom and bear fruit. Finally, I will look to the future of the field, identifying issues that are either already plaguing the university or will on the near-term horizon, and will both demand and benefit from a university ethics approach. KEENANSCLARIONCALLWithout question, the most developed treatise on the subject of uni-versity ethics is Keenan’s 2015 monographUniversity Ethics: How Colleges Can Build and Benefit from a Culture of Ethics.For those of us who claim membership in this budding field, Keenan’s book is the Ur-text that synthesized many of the ideas we had been brewing. My own entry into university ethics came via my attempts to name and respond to the injustices of the adjunct faculty model that pervades most universities today. For others, sexual violence, hookup culture, binge drinking, exploitation of student athletes, endowment invest-ments, gender inequalities, or perhaps one of a dozen or so other issues on campus provided a topic for which we began to look at ethics in our own house. It was not until Keenan began writing about the need for a culture of ethics, however, that these topics were recognized as cohesive parts of whole, and a new academic field was conceived. What Keenan did was to connect these topics to two overarching claims about the university, one descriptive and one normative. First, Keenan observed that universities “teach ethics for all professions ex-cept its own.” In one salient example, Keenan counted the books on professional ethics at his own Boston College library. We have over four hundred thousand books stacked in our library. There each book is assigned a subject heading. Under the subject “medical ethics,” we have 1,321 books; under “business ethics,” 599 books; under “nursing ethics,” 234 books; under “legal ethics,” 129 books; under “clergy ethics,” 25 relatively new books; and, under “ac-ademic ethics,” 5 brand new books. Moreover, these academic ethics books are only about the conduct of professors in their classrooms and their offices. There is no book on university ethics, that is, no book on 5 the appropriate ethical standards across the entire university.
5 Keenan,University Ethics,chap. 1.
4Matthew J. Gaudet The same can be said of our classes. I, myself, teach engineering ethics to future engineers and have previously taught nursing ethics to nurs-ing majors and business ethics to business majors. Others commonly teach courses on journalism ethics, accounting ethics, clinical ethics, or legal ethics. But I have never heard of a single PhD program that offers an academic ethics course. None of us [ethics scholars] nor our colleagues throughout the acad-emy are really trained to be ethical in the standards we use for grading papers, for seeing students, for maintaining office hours, or for evalu-ating colleagues or prospective hires. We have not been taught any-thing about professional confidentiality, boundaries with our students, writing evaluative letters for or about others, or about keeping our 6 contracts. Thus, the descriptive claim: academic training simply does not have the mechanisms—the courses, the texts, the journals, the sustained conversation—to think about ethics of universities and colleges. Keenan’s normative claim goes on to suggest that not only does academia lack the mechanisms of ethical reflection, but, in fact, we do not believe we need them. In this, Keenan compares academia to the Church, especially in light of the sexual abuse crisis: “Though it taught ethics, it did not practice them because it did not believe that it needed 7 ethics. It presumed that if it could teach it, it did not need it.” Yet the list of ethical issues that have come to light on campuses across the country in recent years seem to indicate otherwise. These two claims—that the university lacks the means to ethically discern, and that it does not believe it even needs ethics—need to be taken together. If the problem was merely that professors are not trained in ethics, then writing a proper textbook and adding a course to the standard PhD curriculum would suffice. Keenan might have been just the person to write that textbook. But university ethics re-quires not just curricular but cultural change. Thus, Keenan wroteUni-versity Ethics, which is less of a textbook and more of a clarion call to university administrators, faculty, and staff to build a “culture of eth-ics” that makes asking that fundamental question—“but is it ethi-cal?”—a routine step for every major or minor decision made on cam-pus. PRECURSORS TOUNIVERSITYETHICSOf course, new fields of thought do not arise out of nowhere. As Keenan himself has noted, even prior to his book, the literature had
6 Keenan,University Ethics,chap. 1. The fact that even ethics scholars are not given training in academic ethics is particularly striking and egregious. 7 Keenan,University Ethics,chap. 1.