Ethical Leadership Overnight Position by MikeJenny

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Ethical Leadership Overnight Position

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									Georgia Professional Standards Commission




         The Code of Ethics for
          Georgia Educators
20-2-984.1. Adoption of a Code of Ethics.

(a) It shall be the duty of the
commission to adopt standards
of performance and a code of
ethics for educators… which are
generally accepted by educators
of this state.
20-2-984.1. Adoption of a Code of Ethics.


The standards of performance
and code of ethics adopted by
the commission shall be
limited to professional
performance and
professional ethics.
 20-2-984.3. …the commission shall be
      authorized to investigate:
(1)   Alleged violations by an educator of any law of this
      state pertaining to educators or the profession of
      education;
(2)   Alleged violations by an educator of the code of ethics
      of the commission;
(3)   Alleged violations by an educator of rules, regulations,
      or policies of the state board or the commission;
(4)   Complaints alleging a failure by an educator to meet or
      comply with standards of performance of the
      commission or the state board; or
(5)   Complaints alleging that an educator has been
      convicted of any felony or of any crime involving moral
      turpitude…
      Standard 1



 An educator shall
 abide by federal,
  state, and local
laws and statutes.
            Legal Compliance

Unethical conduct includes but is not limited
 to the commission or conviction of:
•   a felony or any crime
    involving moral turpitude.
            Legal Compliance

Unethical conduct includes but is not limited
 to the commission or conviction of:
•   any criminal offense
    involving a controlled
    substance or marijuana.
            Legal Compliance

Unethical conduct includes but is not limited
  to the commission or conviction of:
•   any sexual offense
    specified in Code Section
    16.
            Legal Compliance

Unethical conduct includes but is not limited
 to the commission or conviction of:
•   any laws applicable to the
    profession.
         Conviction includes:

•   a finding or verdict of
    guilty;
        Conviction includes:

•   a plea of nolo contendere;
        Conviction includes:

•   a situation where first
    offender treatment was
    granted; and
        Conviction includes:

•   a situation where an
    adjudication of guilt or
    sentence was otherwise
    withheld or not entered on
    the charge or the charge
    was otherwise disposed of
    in a similar manner in any
    jurisdiction.
Simple Definition of “Not Guilty”

 The District Attorney
  dismissed the case, or
 The judge ruled “Not Guilty!”
  with no qualifiers.


    Every other ruling is “Guilty!”
 Reporting the
CONVICTION
      of a
Criminal Offense
 Reporting the
COMMISSION
      of a
Criminal Offense
 20-2-984.2. Requests by Local Boards for
    Investigation of Criminal Offenses

(a) Superintendents, associate or
assistant superintendents, or directors
of personnel shall make an
immediate written report to the
local board of education upon
receiving a written report … that
any school system educator employed
by the local unit of administration has
committed any of the following
specifically identified crimes:
    20-2-984.2. Requests by Local Boards for
       Investigation of Criminal Offenses

    Murder, voluntary manslaughter,
     aggravated assault, aggravated battery,
     or kidnapping,
    Any sexual offense,
    Any sexual exploitation of a minor
    Any offense involving marijuana or a
     controlled substance
    Any offense involving theft
    Unlawfully operating a motor vehicle
     after being declared a habitual violator
 20-2-984.2. Requests by Local Boards for
    Investigation of Criminal Offenses

(b) If the local board of education
   determines that the matters …
   warrant investigation, then the
   local board of education shall …
   transmit such report to the
   commission with a request for
   investigation.
20-2-984.2. Requests by Local Boards for
   Investigation of Criminal Offenses

The reporting administrator and the
local board of education shall have a
good faith, reasonable basis to
believe that the incident occurred
or evidence exists and shall, in the
written report, set forth such basis
and detail the nature of the
incident, evidence, and names of
any and all known witnesses.
 20-2-984.2. Requests by Local Boards for
    Investigation of Criminal Offenses

(c) The willful failure of any such
local school system administrator
to comply with … this Code
section shall be grounds for the …
imposition on the administrator of
any of the disciplinary actions set
forth in Code Section 20-2-984.5.
        Standard 2


  An educator shall
  always maintain a
   professional
  relationship with all
 students, both in and
outside the classroom.
A STUDENT is anyone:
 enrolled in a Georgia
  public or private school
  from preschool through
  grade 12, or
 anyone under the age of
  18.
 For the purposes of
  the Code of Ethics,
the enrollment period
   for a graduating
   student ends on
August 31 of the year
    of graduation.
Unethical Conduct with Students Includes:

1. committing any act of child
   abuse, including physical and
   verbal abuse;
2. committing any act of cruelty
   to children or any act of child
   endangerment;
 Unethical Conduct with Students Includes:

3. committing any sexual act with
   a student or soliciting such from
   a student;
4. engaging in or permitting
   harassment of or misconduct
   toward a student that would
   violate a state or federal law;
Unethical Conduct with Students Includes:

5. soliciting, encouraging, or
   consummating an inappropriate
   written, verbal, electronic, or
   physical relationship with a
   student;
6. furnishing tobacco, alcohol, or
   drugs to any student, or
 Unethical Conduct with Students Includes:

7.   failing to prevent the use of
     alcohol or illegal/unauthorized
     drugs by students who are
     under the educator’s
     supervision (including but not
     limited to the educator’s residence or
     any other private setting).
 Standard 3



Alcohol
   or
 Drugs
        Standard 3


   An educator shall
refrain from the use of
  alcohol or illegal or
  unauthorized drugs
  during the course of
 professional practice.
                   Drugs
Unethical conduct includes but is not limited to:
1. being on school premises or
  at a school-related activity
  while under the influence
  of, possessing, using, or
  consuming illegal or
  unauthorized drugs;
   Illegal and
  Unauthorized
Drugs are Always
   Illegal and
 Unauthorized.
                     Alcohol
Unethical conduct includes but is not limited to:

2.   being on school premises or
     at a school-related activity
     involving students while
     under the influence of,
     possessing, or consuming
     alcoholic beverages.
      Georgia's Legal Definitions for
         "Under the Influence"
An alcohol concentration of 0.08 grams
or more at any time within three hours.
Driving - O.C.G.A. § 40-6-391 and Discharging Firearm - O.C.G.A. § 16-11-134

An alcohol concentration of 0.10 grams
or more at any time within three hours.
Operation of Watercraft - O.C.G.A. § 52-7-12 and Hunting - O.C.G.A. § 27-3-7

0.04 percent or more by weight of alcohol
in a person's blood, breath, or urine.
Driving a Commercial Vehicle - O.C.G.A. § 40-6-391
  Georgia's Legal Definitions for
   "NOT Under the Influence"

      If there was a blood alcohol
concentration of 0.05 grams or less,
 it shall be presumed that the person
was not under the influence of alcohol.
        O.C.G.A. § 40-6-392   Driving
        O.C.G.A. § 52-7-12.   Operation of Watercraft
        O.C.G.A. § 27-3-7     Hunting
  ? Under the Influence ?
A blood alcohol concentration in
excess of 0.05 grams but less than
0.08 grams shall not give rise to any
presumption that the person was or was
not under the influence of alcohol…, but
such fact may be considered with other
competent evidence in determining
whether the person was under the
influence of alcohol…
       Possession
Possession of a CONTAINER of
     alcoholic beverage
  (not in the blood stream).

DO NOT DISCARD the evidence!
        Standard 4


  An educator shall
  exemplify honesty
 and integrity in the
course of professional
      practice.
                    Honesty
Unethical conduct includes but is not limited to
  falsifying, misrepresenting, or omitting:
1.professional qualifications,
  criminal history, college or
  staff development credit
  and/or degrees, academic
  award, and employment
  history;
                    Honesty
Unethical conduct includes but is not limited to,
   falsifying, misrepresenting, or omitting:
2. information submitted to
   federal, state, local school
   districts and other
   governmental agencies;
3. information regarding the
   evaluation of students
   and/or personnel;
                    Honesty
Unethical conduct includes but is not limited to,
   falsifying, misrepresenting, or omitting:
4. reasons for absences or
   leaves;
5. information submitted in the
   course of an official
   inquiry/investigation; and
                    Honesty
Unethical conduct includes but is not limited to,
   falsifying, misrepresenting, or omitting:
6.   information submitted in the
     course of professional
     practice.
         Standard 5

 An educator entrusted
  with public funds and
property shall honor that
trust with a high level of
 honesty, accuracy, and
      responsibility.
       Public Funds & Property
Unethical conduct includes but is not limited to:
1. misusing public or school-
   related funds;
2. failing to account for funds
   collected from students or
   parents;
3. submitting fraudulent requests
   or documentation for
   reimbursement of expenses or
   for pay
       Public Funds & Property
Unethical conduct includes but is not limited to:
4. co-mingling public or school-
     related funds with personal
     funds or checking accounts; and
5.   using school property without
     the approval of the local board
     of education/governing board
     or authorized designee.; and
6.   using school system property
     for personal gain.
         Standard 6


An educator shall maintain
  integrity with students,
    colleagues, parents,
   patrons, or businesses
   when accepting gifts,
   gratuities, favors, and
 additional compensation.
         Remunerative Conduct
Unethical conduct includes but is not limited to:
1.   soliciting students or parents of
     students to purchase equipment,
     supplies, or services from the
     educator or to participate in
     activities that financially benefit the
     educator unless approved by the
     local board of education/governing
     board or authorized designee;
         Remunerative Conduct
Unethical conduct includes but is not limited to:
2.   accepting gifts from vendors or
     potential vendors for personal use
     or gain where there may be the
     appearance of a conflict of interest;
         Remunerative Conduct

Unethical conduct includes but is not limited to:
3.   tutoring students assigned to the
     educator for remuneration unless
     approved by the local board of
     education/governing board or
     superintendent or authorized
     designee; and
         Remunerative Conduct
Unethical conduct includes but is not limited to:
3.   coaching, instructing, promoting
     athletic camps, summer leagues, etc.
     that involves students in an
     educator’s school system and from
     whom the educator receives
     remuneration unless approved by the
     local board of education/governing
     board or the superintendent
     authorized designee. These types of
     activities must be in compliance with
     all rules and regulations of the
     Georgia High School Association.
           Standard 7

An educator shall comply with
 state and federal laws and
 state school board policies
relating to the confidentiality
   of student and personnel
  records, standardized test
       material and other
          information.
       Confidential Information
Unethical conduct includes but is not limited to:
1. sharing  of confidential information
   concerning student academic and
   disciplinary records, personal
   confidences, health and medical
   information, family status and/or
   income, and assessment/testing
   results unless disclosure is required
   or permitted by law;
2. sharing of confidential information
   restricted by state or federal law;
        Confidential Information
Unethical conduct includes but is not limited to:
3. violation of confidentiality
   agreements related to standardized
   testing including copying or teaching
   identified test items, publishing or
   distributing test items or answers,
   discussing test items, violating local
   school system or state directions for
   the use of tests or test items, etc.; and
4. violation of other confidentiality
   agreements required by state or local
   policy.
       Confidential Information
•   Annual performance evaluation
    records of school personnel
•   Health services provided to an
    insured
•   Identifiable individual student
    performance data, information and
    reports
•   School records of students with
    disabilities
•   A student's education record
          Standard 8


An educator shall fulfill all
     of the terms and
obligations detailed in the
  contract with the local
  board of education or
education agency for the
 duration of the contract.
      Abandonment of Contract
Unethical conduct includes but is not limited to:
1. abandoning the contract for
   professional services without prior
   release from the contract by the
   employer, and
2. willfully refusing to perform the
   services required by a contract.
             20-2-211
(a) All teachers, principals, other
certificated professional
personnel, and other personnel
of a local unit of administration
shall be employed and assigned
by its governing board on the
recommendation of its executive
officer.
            20-2-211
…contracts ... shall be complete
in all terms and conditions of the
contract, including the amount
of compensation to be paid ...
during the ensuing school year,
and shall not contain blanks or
leave any terms and conditions
of the contract open.
In Allen vs. Lankford, the Georgia Court of
Appeals ruled that a “teacher’s contract of
employment may be terminated by his
abandonment of the contract and the
acceptance of, or acquiescence in, the
abandonment by the school board. This
constitutes a rescission of the contract
by mutual agreement.”

The court went on to say that “Acceptance
of a resignation may be made implicitly
by the appointment of another in the
teacher’s place.”
          Standard 9


   An educator shall file
reports of a breach of one or
more of the standards in the
     Code of Ethics for
 Educators, child abuse, or
 any other required report.
            Required Reports
Unethical conduct includes but is not limited to:
1. failure to report all requested information
   on documents required by the Commission
   when applying for or renewing any
   certificate with the Commission;
2. failure to make a required report of a
   violation of one or more standards of the
   Code of Ethics for educators of which they
   have personal knowledge as soon as
   possible but no later than ninety (90) days
   from the date the educator became aware
   of an alleged breach unless the law or local
   procedures require reporting sooner; and
                   Required Reports
Unethical conduct includes but is not limited to:
3.   failure to make a required report of
     any violation of state or federal law
     soon as possible but no later than
     ninety (90) days from the date the
     educator became aware of an
     alleged breach unless the law or
     local procedures require reporting
     sooner. These reports include but are not limited to:
     murder, voluntary manslaughter, aggravated assault, aggravated
     battery, kidnapping, any sexual offense, any sexual exploitation of
     a minor, any offense involving a controlled substance and any
     abuse of a child if an educator has reasonable cause to believe that
     a child has been abused.
     What is
“reasonable cause
   to believe?”
       Former School Principal
The educator, a school principal, failed to report
sexual misconduct by a teacher. The educator
had been informed that a female student was
regularly meeting the male teacher in his
classroom during lunch and that they were often
seen in close proximity. After the male teacher
was arrested and charged with four counts of
Sexual Assault, the educator confirmed that
there were rumors about the male teacher and
female students.
         Standard 10


      An educator shall
 demonstrate conduct that
follows generally recognized
 professional standards and
  preserves the dignity and
  integrity of the teaching
         profession.
       Professional Conduct
Unethical conduct includes but is not
   limited to:
1. any conduct that impairs and/or
   diminishes the certificate holder’s
   ability to function professionally in his
   or her employment position, or
2. conduct that is detrimental to the
   health, welfare, discipline, or morals of
   students.
       Standard 11


  An educator shall
   administer state
mandated assessments
 fairly and ethically.
                    Testing

Unethical conduct includes but is not limited to:
1.   committing any act that
     breaches Test Security; and
2.   compromising the integrity of
     the assessment.
Other Grounds for Disciplinary
 Action against a Certificate:
1. unethical conduct as outlined in The
   Code of Ethics for Educators,
   Standards 1-11;
2. disciplinary action against a certificate
   in another state on grounds consistent
   with those specified in the Code of
   Ethics for Educators;
3. order from a court or a request from
   DHR that a certificate be suspended or
   denied for non-payment of child
   support;
Other Grounds for Disciplinary
 Action against a Certificate:
4. notification from the GHEAC that the
   educator is in default and not in
   satisfactory repayment status on a
   student loan;
5. suspension or revocation of any
   professional license or certificate;
6. violation of any other laws and rules
   applicable to the profession; and
7. any other good and sufficient cause
   that renders an educator unfit for
   employment as an educator
    Enforcing Sanctions
     The superintendent and the
    superintendent’s designee for
certification shall be responsible for
 assuring that an individual whose
certificate has been revoked, denied,
  or suspended is not employed or
   serving in any capacity in their
  district. Both the superintendent
 and the superintendent’s designee
   must hold GAPSC certification.
ETHICS TEST
 What Standards were
 violated in each of the
    following cases?
The educator failed to properly
supervise her 3rd grade class
during the showing of a movie,
resulting in a female student
being molested by male
students. The educator also
failed to make a timely report
of the incident to
administrators.
A student told her therapist that
she and the educator had sexual
relations on two occasions, and
that the educator had provided
her with alcohol and drugs. The
educator acknowledged that she
may have been too involved with
the student and that the student
had spent the night at her house
on two occasions. The student
and the educator intensified their
relationship after it was reported.
The educator admitted to having
spent the night with a student “at
least thirty times” and staying
overnight in the same room with the
student on those nights.
Approximately twenty of the over
night sessions were at the
educator’s residence. The educator
resigned in lieu of termination.
The educator inappropriately
touched several elementary
students. The educator admitted
that he may have inadvertently
touched the buttocks of some of
his students as he hugged them.
He was charged with six counts of
Child Molestation. The educator
fled the state with his daughter.
The educator admits that she
threw a shoe at a student two
times. The second time, the shoe
hit the student in the nose and
upper lip. The student, his sister
and two witnesses said that his
nose bled. The educator admits
that it was a stupid thing to do.
The educator, a superintendent,
engaged in an inappropriate
relationship with a subordinate
teacher on school grounds, during
duty hours and in the presence of
staff and students. The educator
used school system computer
equipment and email service as well
as a school system cell phone and
cell phone service in furtherance of
the inappropriate relationship.
The educator made an inappropriate
comment to a student. The educator
said, “I’m going to start calling you
T.S. That means transsexual. You
talk like you could live in Piedmont
Park.” She emphasizes that it was
done in a playful joking manner.
Some of the student’s friends said
that the educator made reference to
the incident at later times.
The educator, a Principal, insisted
that teachers either assign a grade
of 74 or above or provide written
explanations for all grades that are
below 74. This was for every
assigned grade, not only the final
one. The educator instituted the
non-traditional grading system for
his school without Board of
Education approval.
The educator, an elementary school
teacher, was involved in a physical
altercation with a student who
failed to follow a directive to leave
the class. Both the student and the
educator fell to the floor with the
educator on top holding the student
down. She took off one of her
shoes and threatened to hit the
student.
The educator admitted consuming
one margarita prior to attending a
football game at the school.
Witnesses stated that the educator
had a strong odor of an alcoholic
beverage, but no test was given to
determine the level of alcohol in the
educator’s system. The educator
was required to leave the game and
arranged for his wife to pick him up
at the school.
The educator allegedly falsified the
dates she observed teachers in the
school, and asked one teacher to
falsify the date on an observation
post-conference form. The teachers
acknowledge that the educator came
into their classroom, but deny that
they were ever formally observed or
had a post-observation conference.
The educator admits that she asked
Teacher 1 to sign and date a
classroom observation form with an
earlier date.
The educator served as a chaperone
on a school-sponsored trip to Europe.
He admitted that he consumed one
alcoholic beverage after hours on
three nights of the eight-day trip.
The educator acknowledged that he
had made a mistake by consuming
the alcoholic beverages, but denied
that he failed to properly supervise
students during the trip.
The educator fabricated IEP
paperwork by cutting signatures
from other documents and pasting
the signatures on the fabricated
paperwork. She photocopied the
paperwork to conceal the cut and
paste, and submitted the fabricated,
photocopied paperwork to the school
system. Additional cut and paste IEP
documents were located in the
educator’s files.
The Applicant was denied educator
certification by the state of South
Carolina as a result of his criminal
history. He had provided alcohol to
four minor females and engaged in
sex with one of them. The Applicant
failed to disclose that he was his
denied certification in SC on his PSC
application.
The educator assigned a year’s
worth of grades to a student
who did not attend the school.
After being confronted with that
information, the educator went
back and changed the grades to
zeros, which gave the student a
failing grade for the year. The
educator could not document
how student grades were
assigned.
The educator used school system
 equipment to access and store
pornographic material to further
     his private business (the
  production and distribution of
   pornography). The educator
  attempted to use a fraudulent
school system purchase order, on
   which the superintendent’s
  signature had been forged, to
 obtain unauthorized equipment
  and to have the school system
    billed for that equipment.
The educator submitted to
a alcohol breath test and
registered .018 and .020.
The educator said that he
had been drinking the night
before in an effort to sleep.
The educator submitted to
a alcohol breath test and
registered 0.18 and 0.20.
The educator said that he
had been drinking the night
before in an effort to sleep.
The Educator failed to disclose on
his PSC and employment
applications that he had resigned a
position for a cause and that his
certificate was revoked by the State
of Florida after he had sexual
intercourse with one student and
attempted to engage in a
relationship with another student.
The educator provided a copy
of the 7th grade mathematics
benchmark test and answer
key to her daughter. The
daughter created a cheat sheet
which she used to cheat on the
test.
The educator failed to adequately
supervise his class during a
computer lab. A female student
reported that, during the lab, she
was forced to perform oral sex on
two male students. The educator
had no knowledge that the acts
were occurring while he was
supervising the class.
After being advised that a student had a
cell phone video of a female student
performing a sexual act on male students,
the educator, a high school principal,
failed to notify the school system’s
administration and the students’ parents
in a timely manner. The educator also
failed to confiscate the cell phone from
the student and to dispense consequences
to the student in possession of the video.

								
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