Is this a conflict of interest?

[timetablechaos]

Looking for some advice or perspective on something that’s been really bothering me, as it’s had a huge emotional impact on my DC.
My child (14) has spent the last 6 years heavily involved in a high-level extracurricular activity (think 12+ hours a week). They’ve worked really hard and been fully committed. At the end of last school year, they had the opportunity to apply for a place to continue with the activity. Historically, all children who have done this activity for several years have been offered continuing places.This year, 6 applied and 5 were awarded places. The only one not accepted was my child. There have been no behaviour issues, no cause for concern or issues raised throughout their time in this organisation - this is not the point of my AIBU but I'm adding for context. This decision came completely out of the blue with no feedback and was really upsetting. Understandably, DC is devastated.

Now this is my AIBU- My child had paid-for private lessons in the main skill of this activity with a teacher who also works at the organisation that awards the places. I'll call him Mr X. He taught DC for 3 years and was always happy with my child's performance. At first, things were fine, but Mr X had a habit of being very unreliable (frequent cancellations, no-shows without warning, etc). After a lot of patience, we ended the lessons earlier this year and found a different teacher.

I’ve now learned that Mr X was involved in the selection process for awarding continuing places this year. I think it's important to also mention that he currently teaches 4 out of the 5 children who were awarded continuing places in the program in separate private paid-for lessons (outside of the activity) as he used to do with my child. I was not aware he was involved in this year's decision and only found out when I asked for feedback on why my child didn’t receive a place. I was told it was a 'group decision by key staff' including Mr X. I can’t help but feel this is a conflict of interest as Mr X had a previous teaching relationship with my child (which he possibly now perceives in a negative light), and he currently teaches the majority of the children who were successful in a private capacity. It is not unreasonable to assume that consciously or unconsciously he might favour his own pupils for these really sought-after places and that he should have recused himself. Teaching this skill is his main income. Am I wrong to think this raises questions about the fairness and independence of the whole process?

I do agree in principle but it is a bit hard to tell (for me) the actual situation when you mention both a national transparent fair org, but also no local transparency.

Do you know what the selection process is like elsewhere nationally ? In any sports there is some type of baseline criteria at least. That might be a decent bet as to evaluating your local process in comparison

Hi, OP -

I feel badly for your DC.

I think you are both entitled to feedback about the process but I am not sure you will get anything very helpful.

It was at minimum the appearance of a CoI for this man to have been on the selection committee. In academia or at least my swathe, he would have been expected to recuse himself from decisions concerning his four ongoing pupils and the one who terminated him. So he should not have been on the selection committee.

Realistically, it does matter whether it was possible to offer six places. Even accepting your DC’s qualifications, we don’t know the selection criteria. They should have been publicised in advance. Although it is right that you request feedback about the process, I am afraid the answers you get may be constructed in a somewhat self protective manner.

It might be best to make a somewhat bland request before mentioning the specific problems you have with the one committee member. I am of two minds about this. I don’t think you will get an admission of impropriety, regrettably, but we can hope that if this man did not declare his CoIs he will not be invited to do this work again.

I would be asking general questions about the selection criteria, rather than heading in with this necessarily. But seems like it could be a conflict of interest for sure

One key bit to keep in mind (and that you seem to be totally missing) is that there are conflicts of interest in all of life, and they’re very, very rarely managed by removing individuals from any exposure to them.

They’re managed by those who are potentially conflicted being open about it. So, in this case, Mr X is an expert in the field. Mr X is involved in the classes. That makes Mr X an entirely appropriate person to be on the selection panel. As long as the rest of the panel know about his and others conflicting interests then all would be above board.

Yes I realise if declared and managed it can be appropriate and conflicts of interest managed. Please see my reply to another poster up thread. I do not think that conflicts have been declared, so I think I will be asking further questions. It’s my understanding that in a fair and transparent process that shouldn’t be a problem.

This principle must be applied with common sense. If someone with CoIs declares them honestly, both positive and negative, their opinions can be useful. It is especially great if they like the work of someone they conflict with. Sadly this is not typical.

But they shouldn’t vote on those people except in rare circumstances. If this results in different numbers of votes cast for different candidates, use percentage outcomes.

The circs described by OP are very stark.

They wouldn’t have been declared to you or your child. Theyre declared to the supervisor and the rest of the panel.

From what you’ve described it seems unlikely that it’s not known.

@timetablechaos I hope you have made an enquiry and expressed the concern that there is a conflict in the selection process (there 100% is how you have described it).

It unfortunate but we need to advocate for our children and point out when processes have glaringly obvious faults - it doesn't mean that you child may be selected its about making sure this process does not continue as it is not fair.

@ScaryM0nster there is generally a conflicts of interest policy that is available to view and they may also make the register in regard to this point available.

Not sure I agree. The outcome is so blatant - especially if all six DC could have been put forward, which the OP is not completely sure about - that I do not feel confident that either aspect of the CoI was declared.

Ah I missed that sorry.

100% a conflict of interest as other posters have elegantly articulated. I think you have to challenge it, OP. It’s your job to advocate for your child. Won’t you always wonder what would have happened if you don’t take it further? Won’t your child always wonder? I’d put money on this guy denying your child a place cos he’s pissed at losing the business.

It is a conflict, but that doesn’t mean he can’t play a role in selection, given his knowledge and involvement in the subject. What you would expect is that the rest of the selection panel is made aware of the conflict.

The other issue aside from the conflict of interest point which at least needs an explanation is that it seems to be thought ok to not select 14 year olds for some higher level opportunity without providing them with an alternative option. They're still children, some sport is competitive, yes, but where's the thinking about child welfare? For some teenagers they might want to carry on higher level training with a view to trying to be selected in a subsequent year, others might value it as recreation/ a social thing, others again might want to move into coaching the youngest / beginners in the activity. The organisation should be asked about alternative pathways for those not selected.

And like school reports / employers raising performance issues the not being selected should never be a surprise. If somebody is turning up, with the right stuff, behaving appropriately and everything seems to be going ok but it isn't for reasons that are unclear unless you're a specialist in the activity they need to be 'brave' and explain what the issue is / how to work on it so there isn't a nasty surprise.

Did he also judge the previous years when your dc was also his student?

how would you feel if you contest this and on appeal it is decided your child had been unfairly discriminated against and is subsequently awarded a place. How would you reconcile another child being removed from the course to accommodate your child?

This. Seems like sour grapes from OP.