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Cultural Competency Milestone

The Milestone for Cultural Competency was previously associated with a learning outcome and was principally developed by national working groups --teams of faculty and staff from different law schools. A few were developed internally at the Holloran Center. A PDF version of the Milestone can be found to the right, alongside a bibliography of sources that contains scholarship on Cultural Competency and ideas for classroom implementation. 

Cultural Competency Milestone

How to use this Continuum for Setting a Program Outcome and Assessing the Outcome

Looking at the continuum, decide which stage the school would like students to reach by the time they graduate. The stage should be a realistic one based on the curriculum and other activities the school requires/provides to students. Then, draft a program outcome that identifies what graduates would know, be able to do, or value to achieve the chosen stage. Identify in the required curriculum and other courses and activities where the knowledge, skills, and values needed for cultural competence are introduced, practiced, and mastered to the desired stage. Finally, use the continuum to develop an assessment tool or tools that will allow students to demonstrate whether they have achieved the desired stage by graduation. This tool might be a self-reflection and assessment by students, an exam, or a simulation that requires the use of knowledge, skills, and values that underlie cultural competence.

Example: IU has as a program goal the broad category “Professionalism,” which encompasses cultural competence: “Our students will empathize with and respect those affected by their work.” The corresponding program outcome states that students will be able to: “Identify, appreciate, and navigate cultural, social, political, and viewpoint differences in both personal and professional interactions.”

A comparison of the key verbs in this outcome – “identify, appreciate, and navigate” – puts this outcome on the continuum in the Acceptance, Adaptation, and Integration stages.
Stage of Cultural Competence Description of Knowledge, Behaviors, and Values Examples Of Statements a Person in this Stage Might Make
Chauvinism about a Particular Culture I recognize broad, general categories of culture. But not only do I believe that my culture is superior to other cultures, I believe that members of other cultures have no or only a limited place/role in my community.
  • Whites are just smarter than other people.
  • Women don’t have the ability to do math and science the way men do.
  • Brown and black people are on every street corner, selling their babies for drugs.
  • You’re taking a seat meant for an able-bodied student.
  • Foreign students come here to have US-born anchor babies.
  • Affirmative action is stopping Asian Americans from being accepted in law school based on merit.
Unawareness of Cultural Differences I don’t have personal assumptions and biases based on culture. I may recognize broad, general categories such as “foreigners,” “gays,” and “people of color.” I prefer to be with people who are like me.
  • I don’t have a culture.
  • People are different because of personality, intelligence, or experience.
  • I treat everyone – students, faculty, staff, clients – the same.
  • I spoke with John and Jack (fellow white male faculty) before the meeting, and they agree that we don’t need a diversity proposal.
  • I don’t understand why the students of color don’t volunteer as much in my class.
  • I find it more satisfying and effective to work in a group of people like me.
Preference for a Particular Culture I know there are other cultures, but my culture is better than other cultures. Other cultures just aren’t as moral. I sort people by whether they belong to my culture or not. OR I think another culture is better than mine. So, I try to belong to that culture.
  • This is America. Everyone should speak English and accept Jesus Christ as their savior.
  • Immigrants are changing our country too much.
  • People in other countries should try to be more like us.
  • We do not want to change our law school’s culture; we need students/faculty who are the right “fit.”
  • Law school is hard; women and students of color have trouble making it.
  • Like the United States, our law school is a melting pot.
  • Americans abroad are so embarrassing. I try to hang out only with the locals.
Minimization of Cultural Difference I believe that cultural differences are superficial, like food, music, and clothing. All people share universal human traits and values, (like the ones at the heart of my culture). Because we are all the same inside, I act like myself, no matter whom I’m with, and I treat everyone the same. In my country, I don’t believe that anyone has an advantage due to culture.
  • There are some differences in the details, but human values are universal.
  • People are really all the same inside.
  • Everyone has an equal opportunity to make it in this country.
  • There is nothing special about culturally competent lawyering; clients simply need good lawyers.
  • We [admit students/hire faculty] based on merit; we are not going to lower our standards.
  • Cultural intolerance does not explain the problems women and students of color have; they just need to work harder.
  • Writing about race/gender/LGBTQ/faith/poverty/ etc. is not “real” scholarship; serving on committees dedicated to diversity issues is not a serious contribution to the school.
  • I do not see a need to adjust my teaching methods to be more inclusive because cultural differences are exaggerated; good students will always do well.
Appreciation of Cultural Differences and Acknowledgement of Cultural Diversity / Equity

I believe that all behaviors and values, including my own, are constructed in distinct and observable cultural contexts that are equally authentic human experiences (cultural relativism). I try to understand how general cultural context and patterns affect my own and other people’s specific behavior and values. That doesn’t mean that I agree with or prefer another culture’s values. Rather, I try not to judge another culture based on my own culture’s values, even when I don’t like the behavior or value of the other culture. Sometimes, trying to be nonjudgmental can feel as though I’m not being true to my own cultural values. Being aware of general cultural context and patterns means I have to be careful to focus on the specific people I’m interacting with. I try not expect them to follow all the general values and behaviors of their culture. I know that systematic privilege for dominant cultural groups exists. If I’m a member of a dominant group or in a role that gives me power or authority over someone who is different from myself I try to be careful about how I act. I don’t want to be blind to privilege or seem as though I’m judging their culture. I don’t want to offend someone else.

  • When I travel or study abroad, I try to learn about the culture of the country I’m going to.
  • I try to learn about the cultures of my colleagues/clients/adversaries so that I can better understand their perspectives.
  • When I saw how my client addressed his wife, I believed she didn’t mind, as I know their home country is more patriarchal than ours. But I worried that my unconscious body language made me look as though I was judging them.
  • I believe it is important for my students to develop culturally competent lawyering skills.
  • I know students have raised concerns about diversity/inclusion but do not feel that I am the right person to address those concerns; I have no credibility because I am white/male/straight/etc.
  • I try to get to know each of my students as individuals and learn about their cultural backgrounds.
  • We celebrate the diversity of our school through various events such as Black History Month and Women’s History Month.
  • I recognize the course text may not be effective at including issues of race/gender/LGBTQ/faith/poverty/etc. but I do not feel empowered to discuss these issues in class myself.
  • I know we have faculty who write about race/gender/LGBTQ/faith/poverty/etc. but do not feel equipped to digest that scholarship.
Responsiveness to Cultural Differences/Diversity/Inclusion

I learn about cultural difference before working with others, including by seeking out cultural informants and researching cultural difference. I consciously shift my perspective and behavior in response to another’s culture. That means I practice empathy, withholding judgment, and cultural frame-of-reference shifting in working with others. I use tools such as The Five Habits of Cross-Cultural Lawyering. I am motivated to practice because, the more I practice, the more fluid and authentic my adaptations become, and the more effective I become in making an experience more culturally accessible for other people. I apply my own cultural and professional values in culturally relative ways.

  • To work with these opposing lawyers, I have to remember that their culture is more status-oriented; so I have to use their titles and ask for permission more often.
  • When I schedule meetings with clients who are religious, I pay attention to their days of worship and holidays.
  • I’m beginning to feel that I can maintain my own values and still work effectively in this law firm.
  • The more I understand this culture, the better I get at following their jokes.
  • I recognize that I must be a culturally competent legal educator in order to cultivate culturally competent lawyering skills in my students.
  • I try to get to know each of my students as individuals and learn about their cultural backgrounds; I am trying to be more inclusive in my teaching methods.
  • I understand that the cultural background of my students may affect their experience in law school; when faced with a concern, I try to be an ally.
  • I participate in the cultural celebrations in the law school (e.g. Women’s History Month) but realize inclusivity requires a deeper commitment.
  • One of my priorities in choosing a course text is how well the text incorporates issues of race/gender/LGBTQ/faith/poverty/etc.
Fluency in Cultural Inclusion

I see all people as culturally unique because we each create our own cultural and personal identities, based on the more general cultural contexts and patterns that we experience. I like being able to integrate the different cultures that I belong to into a positive whole. I use power in culturally appropriate ways, with an emphasis on reconciling differences. I look for and create opportunities for multicultural interactions. I support others in creating their own multicultural or intersectional identities.

  • I am a better interviewer because I can draw on different cultural frames of reference.
  • I am comfortable working in teams. I enjoy finding cultural connections to and among all the members even when some differences seem to outweigh similarities.
  • I like that in this community newcomers and existing residents work together to continuously change our community to fit all of us.
  • I recognize that faith and science can be compatible.
  • I enjoy having students from different backgrounds in class because diversity enriches classroom discussion.
  • I am learning how to handle conflicts or disagreements that may arise during class instead of dismissing or cutting off the discussion.
  • Having more students of race/gender/LGBTQ/faith/poverty/etc. is better for our school and I prioritize the work it takes to maintain an inclusive environment.
  • I am committed to the continuing work of cultural competence and know that it will be a lifelong journey of learning for me and my students.

Working Group

Georgia State

Kinda Abdus-Saboor

Georgia State

Lisa Radtke Bliss

Lisa Radtke Bliss

Arkansas Little Rock

Anastasia Boles

Anastasia Boles

Drexel

Susan Brooks

Susan Brooks

Missouri-KC

Margaret Reuter

Margaret Reuter

McGeorge

Jeff Proske

Jeff Proske

Indiana Bloomington

Carwina Weng