The Spirit of the Law

The Spirit of the Law, by Jimmie Santee
Originally published in the Jan/Feb 2014 PS Magazine

A battle for the ages: the Letter of the Law vs. the Spirit of the Law.

The PSA’s Code of Ethics is the letter of the law. They are simple and broad and adopted by the members of the association to be the ethical principles by which we will conduct ourselves. The Code was adopted to gain public respect and to avoid actual or perceived impropriety. 

The PSA’s Tenants of Professionalism on the other hand, are not the letter of the law. Same as our guidelines, which clearly state that they are a professional courtesy and not a legal position. As much as we would like them to be, the PSA does not have the authority to make them the letter of the law. In fact, the PSA is powerless to even enforce the tenants or guidelines. However, they are the way we would like our colleagues to act: morally correct with special care to the professional relationships they espouse. 

While PSA may be unable to act in regards to the Tenants of Professionalism, the court of public opinion at your rink can and will, often escalating an already bad situation.  For example, a coach takes on a new student from another coach. They ask, “Does your coach know you’re leaving? Have you made a final payment?” The parent answers “yes” to the first question and answers the second by saying they are waiting for the final bill and then they will pay it right away. PSA’s Code of Ethics rule #2 says, “Prior to acting as a coach, the member shall determine the nature and extent of any earlier teaching relationship with that skater and other members.” That does fit the letter of the law. The new coach has determined the previous relationship is over. Nonetheless, the original coach is wounded. A best practice would have included contacting the original coach to make sure the situation is as claimed, and if there is a problem, to encourage the parents to find a resolution with the previous coach. If no resolution can be made, a professional courtesy would be to make sure the coach is paid in full. This is the true spirit of the law. By doing the minimum, the other side is left to come up with their own version on how the scene played out.

The letter of the law can often be a copout, while someone observing the spirit will gain trust and stature in the rink.

Honestly, there would not be a need for the grievance process if we would live by the spirit of the tenants of professionalism, and “… adhere to the proposition that our practices shall be governed by the principals of honesty and integrity.”