Presentation and LAK17, Vancouver, BC, 15 March 2017 by Paul Prinsloo (Unisa) and Sharon Slade (OU)

1. An elephant in the
learning analytics room –
the obligation to act
By Paul Prinsloo (University of South Africa)
@14prinsp
Sharon Slade (Open University, UK)
@SharonSlade
Image credit: https://www.flickr.com/photos/lollyman/4941417146

2. ACKNOWLEDGEMENTS
The presenters do not own the copyright of any of the
images in this presentation. We hereby acknowledge the
original copyright and licensing regime of every image
and reference used. All the images used in this
presentation have been sourced from Google and
Pixabay and labeled for non-commercial reuse
This work is licensed under a Creative Commons
Attribution-NonCommercial 4.0 International License

3. The concerns and various
ethical issues in the collection,
analysis and use of student
data in education have moved
from the margins of the
discourses in learning analytics
to part of the mainstream
agenda
Prinsloo, P., & Slade, S. (2017). Ethics and learning analytics: charting the (un)charted. In G.
Siemens & C. Lang, (Eds), Learning Analytics Handbook. SOLAR. In press.
Image credit:
http://www.thebluediamondgallery.com/highlighted/e/ethics.html
Ethics in learning analytics: From the margins …

4. Ethics in learning analytics: Selected examples
2013-2017

5. “Does the new knowledge
gained bring with it a
responsibility to act upon it?
What are the ramifications of
action or inaction?”
(Griffiths, Drachsler, Kickmeier-Rust, Hoel, & Greller, 2016, p.7)

6. If we know students are/may be at
risk, what are the ethical and legal
requirements?
• Provide disabled students with equitable access
• Prevent discrimination
• Respond to allegations of (cyber)bullying
• Care for students at risk of (physical/mental) harm
Image credit: https://pixabay.com/en/one-against-all-all-against-one-1744086/
We know that HEIs must:

7. There appears to be no equivalent regarding an
institution’s obligation to act in the event of
identifying students at risk of failing.
With the growth in the scope and detail of
learning analytics, it is valid to question
whether students would have recourse to
(legal) action if they were identified as more
likely to fail, but not warned and/or supported.

8. • Our understanding of the theory/practice divide
• The role of political will and institutional
responsiveness
• Integration in institutional sense-making
• Resource/capacity constraints
• Student responsibility and autonomy
Our response is determined by …
Image credit: https://pixabay.com/en/doors-choices-choose-open-decision-1587329/

9. While we specifically focus on the moral
and legal obligations of institutions to
respond to students at risk, it is
important to note that the responsibility
to create an enabling environment for
student success does not exonerate
students from taking responsibility for
their learning.

10. Image credit: https://www.flickr.com/photos/masondan/8903961105 Image credit: https://pixabay.com/en/law-books-legal-court-lawyer-
1991004/
Mapping responsiveness - the balance between
ethics and law

11. Teleological
• The potential for harm
• The scope of consent
• Recourse in cases of
unintended harm are
negotiated and agreed
upon
Deontological
• Basis for legal and
regulatory frameworks
• Terms and Conditions
• By consent and/or
contract
• Works well in stable
environments
Two traditional approaches to
being ethical

12. A combination of
• a utilitarian approach (action that “provides the greatest
balance of good over evil”);
• a rights approach (referring to basic universal rights such as
the right to privacy, not to be injured, etc);
• a fairness or justice approach;
• a common-good approach (the welfare of the individual is
linked to the welfare of the community); and
• a virtue approach (based on the aspiration towards certain
shared ideals)
Velasquez, M., Andre, C., Shanks, T.S.J., & Meyer, M.J. (2015, August 1). Thinking ethically. Retrieved from
https://www.scu.edu/ethics/ethics-resources/ethical-decision-making/thinking-ethically/
An alternative perspective

13. “…there is no general ‘duty
to rescue’ a person in even
the gravest danger if the
actor has no control over
that person …. regardless
of how easy and risk-free it
would be”.
But wait – it is more
complex than this…
Massie, A. M. (2008). Suicide on campus: The appropriate legal responsibility of college personnel. M. Law Review, 91 (3)
Imagecredit:https://pixabay.com/en/empty-life-guard-stand-red-beach-1592792/

14. A duty to rescue arises:
1. where a dangerous situation is created which causes a person
to fall into peril. Under such circumstances the person who
created the context has a duty to rescue;
2. where a special relationship exists between two parties, e.g.,
between parents and children, or employers and employees.
The principle of ‘reasonable care’ comes onto play, although
"…what constitutes reasonable care is contextual”. It might
expect to differ in relation to young elementary school pupils
compared to college students, for example
Is there an argument that universities and colleges specifically
take on this obligation at the point of formal registration?
Massie, A. M. (2008). Suicide on campus: The appropriate legal responsibility of college personnel. M. Law Review, 91 (3)

15. It is accepted (in the US at least) that accountability holds as a result of
the special relationship between a higher education institution and its
students - even where those students are adults – if there is:
• foreseeability of harm (to the student) – potential harm can be
identified;
• degree of certainty – which the institution should take reasonable
steps to prevent – there is understanding that (in)action would lead
to potential harm;
• existence of some kind of mutual dependence, often involving
financial benefit (to the institution) arising from the relationship;
And that having foreseen the potential for harm, there is moral
blameworthiness in failing to act
Massie, A. M. (2008). Suicide on campus: The appropriate legal responsibility of college personnel. M. Law Review, 91 (3)

16. Image credit: https://pixabay.com/en/bag-leather-leather-case-briefcase-1509756/
Two case studies

17. Case study 1: Open University
Large open distance learning institution ±200, 000 students
Pilot OU study using predictive tools to deliver information direct to
teaching staff
• self selecting tutors – weekly engagement variable, around 25%
• No formal expectation that tutors should engage with analytics
• Proactive student support presented as part of role guidance rather
than contractual expectation
• Potential conflict with OU policy which has, as one of its main
principles, that the University “has a responsibility to all stakeholders to
use and extract meaning from student data for the benefit of students
Although it is fair to say that policy often lags practice, the reluctance to
enforce an obligation to act as part of tutor contract review appears a
missed opportunity and inconsistent with broader policy.

18. Case study 2: Unisa
Large open distance learning institution (around 300, 000 students)
• Most courses are technology-supported (not technology dependent) ->
implications for what we assume about students’ digital footprints
• Support provided by teaching assistants and E-tutors, with different contracts
Mode A: Signature courses (fully online)…
• 200 students per TA, in four classes of 50
• TAs mark 10 assignment items per student per semester
• Most time spent marking and on administrative issues, little time to
facilitate discussions and learning
Mode B: technology supported courses
• E-tutors provide reactive student support
• Student participation in online activities is not compulsory
• Little or no follow up for disengaging students
• No explicit reference to the use of a learning analytics approach to make
sense of student behaviours, nor to predict or act upon any insight gained.

19. Case study 2: Unisa (cont)
Despite the widespread use of technology as a means to
deliver/support teaching and learning, little or no
thought has been given to how student data can be used
in an active learning analytics approach.
The move toward proactive tracking and alert systems for
staff and students has been flagged as a future initiative
which would have contractual implications for the work
of both e-tutors and TAs.

20. Realising the obligation to act
Image credit: https://pixabay.com/en/newton-s-cradle-balls-sphere-action-256213/

21. 1. Co-responsibility in an
asymmetrical power and contractual
relationship
…obligation to act is a co-responsibility of students and
institution, tempered by the asymmetrical power and
contractual relationship in which the institution has very
specific moral and legal duties to respond
Image credit: https://pixabay.com/en/michelangelo-abstract-boy-child-71282/

22. 2. Data, information and knowledge
• expectations and assumptions regarding data
collection processes & the collected data itself,
should be scrutinized for bias, statistical error
and unintended consequences
• data does not necessarily translate into
information and knowledge
• collection and analysis of data increases the
necessity and scope of the obligation to act.
Image credit: http://www.irishtimes.com/business/the-sensor-rich-data-scooping-future-1.2196914

23. 3. The scope and implications
of the moral basis for the
obligation to act
Image credit: https://pixabay.com/p-534751/?no_redirect
• simple reliance on rules and legal
frameworks is not enough
• need to engage with the potential
of both a deontological (rule based,
T&Cs) and teleological approach
(negotiated, agreed ethical norms)
in exploring the scope, limitations
and reasonableness of the
obligation to act

24. Image credit: https://pixabay.com/en/agree-english-consent-contract-1728448/
4. The scope and implications of
the legal basis for the obligation
to act The contractual obligation between student
and institution is tempered by the notion
and definition of reasonable care
Remains largely unclear (untested)
Image credit: https://pixabay.com/en/agree-english-consent-contract-1728448/

25. 5. Implications of an obligation to act for
policies and performance agreements
• The case studies highlight the importance of an institutional,
integrated response to information and knowledge
• The obligation to act should be embedded in the contracts of
those at the forefront of teaching to ensure oversight and
accountability……. although
• The ability to respond is muddied and embedded in broader
institutional policies and funding arrangements
• Simply having an ethical policy does not necessarily result in the
will or the resources to respond
• We should (re)consider the responsibilities which flow from
knowing more about our students – to involve, inform and
enable students to take the necessary steps to alleviate risk
Image credit: https://commons.wikimedia.org/wiki/File:Tape_Measure_Massband_10_cm.svg

26. 6. The potential and perils of new
developments in technology
There is a need to address (newer) ethical challenges
posed by the use of algorithms, machine learning and
Artificial Intelligence while not ignoring their potential to
make greater sense of student learning, or to respond to
students with specific needs
Image credit: https://pixabay.com/en/hand-robot-machine-697264/

27. (In)conclusions
• Knowing more about our students and making this
information and knowledge available to a range of
stakeholders, does not necessarily result in action
• A rule-based response to the obligation to act may not be
sufficient
• A teleological approach that determines the scope,
timeliness and resources needed to enact the obligation to
act should be negotiated between everyone affected
• Responses may be constrained by a range of factors, such as
lack of political will, gaps in performance contracts and/or a
lack of resources, but these do not indemnify or exonerate
higher education from ignoring legal/moral obligation to act

28. THANK YOU
Paul Prinsloo (Prof)
Research Professor in Open Distance Learning (ODL)
College of Economic and Management Sciences, Office
number 3-15, Club 1, Hazelwood, P O Box 392
Unisa, 0003, Republic of South Africa
T: +27 (0) 12 433 4719 (office)
T: +27 (0) 82 3954 113 (mobile)
prinsp@unisa.ac.za
Skype: paul.prinsloo59
Personal blog:
http://opendistanceteachingandlearning.wordpress.com
Twitter profile: @14prinsp
Sharon Slade (Dr)
Senior Lecturer
Faculty of Business and Law
The Open University, Walton Hall, Milton
Keynes, MK7 6AA, United Kingdom
T: +44 (0)1865 486250
Sharon.slade@open.ac.uk
Personal blog:
http://odlsharonslade.wordpress.com/
Twitter profile: @SharonSlade