Ethical Educator
Holiday Gifts
School Administrator, December 2015

Scenario: The head of the instructional technology department receives at her school district office a beautiful gift basket just before Christmas. It’s a thank you present from a software publisher, a longtime vendor whose contract recently was renewed by the school district. The department head shares many of the basket’s contents with central-office colleagues. The school board has no policy about employees accepting such gifts. Did the department head act appropriately?


Kelly Henson:
In the absence of any state law that addresses gifts of this nature and given there is no local board of education policy, the department head has not committed a sanctionable ethics violation.  However, I would stop short of saying the department head acted appropriately. Not accepting gifts (over a certain defined value) from vendors is a generally recognized standard of behavior. In my opinion, the department head used poor judgment in accepting the gift.

Obviously, the school board needs to adopt a policy that governs this situation and the superintendent should talk with the vendor about the inappropriateness of providing gifts to district employees.

Sarah Mackenzie:
Because no school board policy governs this situation, the department head did nothing wrong by accepting the gift.  In a case like this, though, where an employee is unsure of the rules or expectations, it would be a good idea for the gift recipient to check with a supervisor to see if he or she should accept the gift. The safest response is to decline the gift, which may mean returning it somehow, although that may not be easy if perishable contents are included.

The federal government has specific rules for employees regarding gifts. A federal employee is not to accept a gift from any person or entity that the employee’s department is seeking business with or does business with or over which the department has any kind of regulatory role. Although the department head did not necessarily make the decision to do business with this vendor, his or her department or school district did. Under federal rules, this gift would not have been allowed.

It is a good idea to have a gift policy. This doesn’t mean there can be no gifts accepted by employees, but it clarifies the parameters regarding gifts. Then school employees are clear about what they can and cannot accept. Likewise, parents and business people know what they are allowed to offer as gifts.

Mario Ventura: 
School personnel can easily get caught up in the spirit of the holiday season.  Student performances, decorations and celebrations promote thoughts of holiday cheer and joy. This time of year can interfere with an employee’s responsibility to fully consider the implications of accepting gifts from vendors.

Although a school district policy for receiving gifts does not exist in this scenario, an educator must consider not only if the act of receiving a gift is ethical but also how the acceptance of a gift may appear to others. Could the vendor’s gift be perceived as unethical?

One may conclude that the department head did not act inappropriately by receiving the gift because there was no personal gain for the department head. However, what about appearance? Could school district staff or vendors presume that special consideration was given to the awarded vendor? Could it appear that a relationship with the awarded vendor affected the objectivity of the decision-making process for awarding the bid? In this situation, the acceptance of a gift could give the perception of impropriety.  


Shelley Berman:
Though seemingly trivial, this incident is fraught with problems.

While the school board does not have a policy about employees accepting gifts, all states have ethics laws that apply to public employees. These laws generally make it a conflict of interest to accept gifts from vendors with whom the district does business. It is illegal to accept a gift that could be construed as a reward for a past official action or because of the position an individual holds in the decision-making process.

It may be permissible in some states to accept an item such as a gift basket valued at less than $25 or $50. In such cases, it is appropriate to share the gift with office colleagues. However, whenever a public employee receives something of value, even if it is not substantial, the specter of a conflict of interest may arise. Though it is highly unlikely that such a gesture would improperly influence an individual’s future decision making, it could still give the appearance of impropriety.
No matter how small the gift, it would be wise for the department head to formally disclose the gift to the superintendent or school board to ensure that she is meeting the standards of the conflict of interest law. Generally, disclosure is considered an acceptable way to address a potential conflict of interest.

In the long run, it is best to let the vendor know that even token gifts place her in a compromised position, and that a thank you note or holiday card would be an ample gesture of appreciation.




Each month, School Administrator draws on actual circumstances to raise an ethical decision-making dilemma in K-12 education. Our distinguished panelists provide their own resolutions to each dilemma. Do you have a suggestion for a dilemma to be considered? Send it to: magazine@aasa.org.

The Ethical Educator panel consists of Shelley Berman, interim superintendent, Andover, Mass.; Kelly Henson, executive director, Georgia Professional Standards Commission; Sarah MacKenzie, associate professor of educational leadership, University of Maine at Orono; and Mario Ventura, superintendent, Isaac School District, Phoenix, Ariz., and member of Model Code of Educator Ethics Task Force.