Cultural Diversity Issues in the Law School

Tuesday 27 July, 2004 1:00pm-2:00pm Room 0920, Level 9 Melbourne Law School Asian Law C E N T R E

Cultural Diversity Issues

• Profil mahasiswa internasional • Tradisi pendidikan di Asia Timur • Tradisi pemakaian nama dari Asia Timur • Peranan tradisi kebudayaan dalam interaksi antar-guru/mahasiswa • Masalah pengertian biasa bagi mahasiswa internasional NESB • Metode mendukung partisipasi di kelas

Cultural Diversity Issues

• International student profile • Educational traditions in East Asia • Cultural conventions for student-teacher interaction • Common learning problems for NESB international students • Effective NESB teaching techniques • Naming conventions

Profile of International Students

• University as a whole – 2003: International students- 21% – 2003:Australian FP: 14% – Target: 28% by 1997 (achievable?) • Law School – 1993: international students - 5% of first year students – 2003: 18% of students – 400% increase • Dramatic increase: facilities have not kept pace

Law School 2004

• HECS: 266 (61%) • Australian Fee Paying: 66 (15%) • International: 75 (17%) • Scholarships: 31 (7%) Total 2004 cohort: 438

300 250 200 150 100 50 0 HECS

Law School 2000-2004

Law School 2000-2004

Australian Fee-paying

Student Type

International Scholarships 2000 2001 2002 2003 2004

UGS: Main Source Countries Offshore 1998-2003

Enrolment Number 120 100 80 60 40 20 0 Malaysia Singapore China Hong Kong Indonesia Taiwan Other Enrolment Number

International Enrolments: UGS 2004

Enrolment Number 25 20 15 10 5 0 Malaysia China Singapore Other Enrolment Number

International Pre-University Programs 1998-2004 Enrolments Trinity Foundation VCE A-Levels Taylors College TC Malaysia Interstate Degree program Other

Performance: Australian Fee Paying Averages AF Fail Marks AF Cohort Size AF Average Grade 0 10 20 30 40 50 60 70 80 2003 2002 2001 2000 1999 1998

Performance: International Fee Paying Averages OF Fail Marks OF Cohort Size OF Average Grade 0 20 40 60 80 2003 2002 2001 2000 1999 1998

Law Results: 2002

• Bad year: ‘spiked’ • 4 to 8 times more likely to fail than AFP or HECS students - esp. HPL and TPL • H1 result impossible for a fee-paying international student in compulsory subjects • Highest result H2 • 60% received P or H3 • 5% of international students withdrew (‘effective fail’) vs 1.6% AFP students

Failures: 2002

• Fails and withdrawals combined • TPL – International students: 28% – Local students: 8.5% • Contracts – International students: 21.7% – Local students: 5.3%

Why is this happening?

• Complex situation • IELTS and TOEFL • Range of reasons given – Growth outstripping services – Seen as ‘nuisance’ or distraction – Revenue source rather than educational issue: Cash cow?

– Lack of priority given to issue – Lack of experience and training in dealing with international students – Perception of threat to standards • Possible decline in numbers due to dissatisfaction?

Educational Traditions in East Asia

Asian Educational Traditions

• Much diversity, BUT: – Rote learning – Irrelevance of argument: simple yes or no answers – ‘Sacred texts’ – Teacher as God: authoritative status – Teacher cannot be questioned – Patron/client model: corruption?

– Extreme pressure (China, Singapore) or absence of pressure (Indonesia) in home country – Role of ideology (Malaysia, Singapore)

Cultural Conventions: Student/teacher interaction China

• Dealing with Authority Figures – Face – Respect for seniority – Respect for education and educators – Depends on relationship – Often say ‘yes’ if they think it is what you want to hear – Upward delegation

China

• Embarrassment Responses – Giggle – Do not want to ‘lose face’ – May avoid question or remain silent if in disagreement • Gifts – Cultural tradition – Impolite not to give or receive

Indonesia

• Dealing with Authority Figures – Discomfort – visiting offices not common – Do not interrupt – Do not question – Always say ‘yes’ • Body Language – Little eye contact – Head bowed (lower) • Muslim women meeting with male lecturers

Indonesia

• Embarrassment Responses – Laughter – Smiling – Non-responsiveness – Sullenness (anger) • Gifts – Cultural tradition – Impolite not to give or receive – Issue of ‘scale’ (apple for teacher vs. bribe)

Common Learning Problems for NESB students

Writing and Research • Do not understand role of argument in learning: look for single ‘right answer’ • Difficulty distinguishing analysis from description • Difficulty distinguishing argument from data gathered • Little experience or understanding of legal research • Used to ‘cutting and pasting’ • Limited understanding of what constitutes plagiarism • Panic: resort to plagiarism

Classes and Consultation • Have difficulty with subtle nuances in meanings of words • Complex lectures can be difficult: logic and language • Reluctant to approach staff: asking for help is failure (uneven) • Embarrassment is a common response to difficulty • Confuse hard work with effective work • Feel isolated and experience culture shock • Many absent from family for first time • Financial burden exacerbated by low income or high relative value of fees in home country • Most experience serious stress or illness in first year

Effective NESB Teaching Techniques

DO NOT: • Assume learning problems or cultural differences = stupidity • ‘Dumb down’ content • Give out model answers (controversial) • Correct entire drafts • Forget cultural understanding is a two-way process

DO: • Refer students to Faculty and University Language and Learning Support • Speak slowly and clearly • Avoid putting students ‘on the spot’ • Encourage small group work, where appropriate • Avoid unnecessary technical terms • Explain necessary technical terms • Use practical examples for main points • Summarise your presentation regularly

DO: • Use Powerpoint and post on subject page • OR hand out lecture summaries, including key terms: ‘safety blanket’ • Offer additional ‘revision’ sessions (if possible) • Distribute CLEAR, SIMPLE guidelines on assessment expectations and plagiarism • Be available to students • Encourage consultations • Ask ‘personal’ questions: show an interest in each student • Use names - consider name cards

China: Naming Conventions Terms of Address

• Unlikely to be on first-name basis until relationship established • Use family name plus the appropriate title • Often addressed by their government or professional title eg. Mayor Li • Mr Li – • Mrs Li – Li Xiansheng • Miss Li – Li Taitai Li Xiaojie • Mr / Mrs Li (teacher) – • Professor Li – Li Laoshi Li Jiaoshou

China Naming Conventions

• Family name only has one syllable • Given name may have either one or two syllables • Chinese family names are placed first, followed by the given name eg. Deng Xiaoping (unless name has been Anglicised) • Names chosen for their meaning, not sound • Difficult to differentiate men’s from women’s names

Indonesia: Naming Conventions Terms of Address

• • • • • • • Honorifics often used Bapak Ibu (Mr) (Mrs / Ms) Mas M’bak (informal) Kth (‘to’ the most respected) Yang baik (‘dear’)

Indonesia Naming Conventions

• Total flexibility • Often only one name (repeated?) • Nicknames common • Religious names • Western names • Number names • Birth names • Use of honorifics

Asian Naming Conventions

One common problem is differentiating first name, surname, etc. You may wish to use the following formula in forms in which contact is made with people from an Asian background.

FULL NAME • Please place surname (if any) in capitals • Please underline the name by which you prefer to be called • If you prefer to be called by a nickname, please place that in brackets ( ).

• For example, Timothy (Tim) LINDSEY

Asian Law Online

http://www.law.unimelb.edu.au/alc/bibliography