The Code of Ethics for Arkansas Educators

1. The Code of Ethics for Arkansas Educators Overview of the Code and Case Studies Through Fiscal 2012

2. The Code of Ethics for Arkansas Educators • History: The creation of a Professional Licensure Standards Board (PLSB) and the implementation of a Code of Ethics and Procedural Rules for the PLSB by the State Board of Education was authorized by Statute which became effective on July 31, 2007. • Creation of the PLSB: The PLSB was implemented and the rules took effect September 9, 2008. • A Subcommittee on Ethics consisting of five members of the PLSB was established to authorize or deny investigations based on allegations received, to determine whether or not violations have occurred upon completion of an investigation, and if so, to make recommendations for licensure actions to the State Board of Education.

3. The Standards • The Code of Conduct for Arkansas Educators consists of Seven Standards upon which Conduct of Educators is judged as to whether or not a violation or violations have occurred.

4. The Code of Ethics for Arkansas Educators Standard #1: An educator maintains a professional relationship with each student, both in and outside the classroom. Standard #2: An educator maintains competence regarding skills, knowledge, and dispositions relating to his/her organizational position, subject matter, and/or pedagogical practice. Standard #3: An educator honestly fulfills reporting obligations associated with professional practices.

5. The Code of Ethics for Arkansas Educators Standard #4: An educator entrusted with public funds and property honors that trust with honest, responsible stewardship. Standard 5: An educator maintains integrity regarding the acceptance of any gratuity, gift, compensation or favor that might impair or appear to influence professional decisions or actions and shall refrain from using the educator’s position for personal gain. Standard #6: An educator keeps in confidence secure standardized test material as well as information about students and colleagues obtained in the course of professional service unless disclosure serves a professional purpose or is allowed by law.

6. The Code of Ethics for Arkansas Educators • Standard #7: An educator refrains from using, possessing and/or being under the influence of alcohol, tobacco, or unauthorized drugs while on school premises or at school-sponsored activities involving students.

7. Historical Statistics • Since the 2009-2010 School Year, through end of fiscal 2012, the PLSB has received 471 allegations of violations of the Standards, and has received an additional 77 allegations related specifically to Standard 6 testing violations, for a total of 548 allegations.

8. Historical Statistics by Year YearAllegationsTesting AllegationsTotal 2008-2009 84 46 130 2009-2010 131 6 137 2010-2011 100 6 106 2011-2012 156 19 175 Total 471 77 548

9. Historical Statistics by Year Standards Alleged Violated (Non-Testing) Year1234567 2008-2009 70 18 27 12 15 13 5 2009-2010 94 59 62 17 8 30 12 2010-2011 69 22 33 18 10 14 3 2011-2012 126 27 42 20 3 10 10 Totals 359 126 164 67 36 67 30

10. Historical Statistics by Year Standards Alleged Violated (Testing) Year1234567 2008-2009 0 32 0 0 0 52 0 2009-2010 1 0 3 1 0 4 0 2010-2011 0 0 2 0 0 13 0 2011-2012 1 0 1 0 0 19 0 Totals 2 32 6 1 0 88 0

11. Case Studies Sample Cases Representing the Seven Standards

12. Allegations and Resolutions Allegation: The complaint alleged that the educator: • Was inattentive to students in the classroom and failed to supervise their activities. • Was deficient in her instruction of students and in her preparation of the students to participate in the next level of instruction. • Allowed students to be outside of the classroom without supervision, and in some cases, without permission. • Engaged in inappropriate/unprofessional conduct in the classroom. • Used inappropriate language and made inappropriate comments in the classroom. • Wore clothing inappropriate for the classroom. • Engaged in inappropriate touching of students in the classroom

13. Allegations and Resolutions Standard Alleged Violated: Standard #1: An educator maintains a professional relationship with each student, both in and outside the classroom. The Subcommittee determined that there was reasonable belief that the educator violated Standard 1 as alleged, with the exception that it did not find that there was reasonable belief that the educator wore clothing inappropriate for the classroom, and found that the allegation that the educator was deficient in her instruction of students and in her preparation of the students to participate in the next level of instruction, while possibly true, should have been filed as a violation of Standard 2, and therefore did not find Reasonable Belief that she violated Standard 1 in that regard.

14. Allegations and Resolutions Resolution: After both an evidentiary hearing before the Subcommittee and a State Board hearing, the State Board concurred with the Subcommittee’s determination and recommendation and placed the educator’s license on probation for two years, assessed a $75.00 fine, and required that she complete not less than six hours of clock based staff professional development on classroom management.

15. Allegations and Resolutions Allegation: The educator violated the Code of Ethics by: • Interacting with one of his students on Facebook at inappropriate hours of the night; and, • Making inappropriate remarks to the student. Standard Alleged Violated: Standard #1: An educator maintains a professional relationship with each student, both in and outside the classroom.

16. Allegations and Resolutions Investigation revealed: • The educator engaged in late night conversations of a personal nature via Facebook with a female student, and in one conversation said that he loved her. Resolution: • The State Board of Education found that the educator violated Standard 1 and issued a Written Warning to him.

17. Allegations and Resolutions Allegation: The educator was alleged to have handcuffed a student behind his back for texting in class. Standard Alleged Violated: Standard #1: An educator maintains a professional relationship with each student, both in and outside the classroom.

18. Allegations and Resolutions Investigation revealed: • The educator, a reserve police officer trainee, brought handcuffs to school, and did in fact handcuff the student when he observed the student texting. Resolution: • The State Board of Education found the educator violated Standard 1 and placed the educator’s license on Probation for a period of three years and assessed a fine of $75.00.

19. Allegations and Resolutions Allegation: • A female educator allegedly exchanged text messages, pictures, and videos of a sexual nature with a male student. Standard Alleged Violated: Standard #1: An educator maintains a professional relationship with each student, both in and outside the classroom.

20. Allegations and Resolutions Investigation revealed: • The investigation substantiated that educator had engaged in the conduct alleged. Resolution: • The State Board of Education found the educator violated Standard 1 and placed the educator’s license on Probation for a period of three years and assessed a fine of $75.00. In addition, the educator was ordered to comply with her therapist’s recommendations and the medications prescribed, as well as submit semi-annual reports from the therapist.

21. Allegations and Resolutions Allegation: • The educator allegedly had inappropriate contact with a female student via text messaging and exchanged inappropriate photographs via text messaging. Standard Alleged Violated: Standard #1: An educator maintains a professional relationship with each student, both in and outside the classroom.

22. Allegations and Resolutions Investigation revealed: • The educator sent various sexually suggestive photos of himself shirtless, pants hanging low, and lying on a bed, to the student, who was living with the father of her child at his parents’ house. Further, the educator invited her to his residence. Additionally, while chaperoning at the seniors only prom, he admitted the girl and her friend into the prom by a back entrance, even though they were not authorized to attend. Resolution: • The State Board of Education found the educator violated Standard 1 and placed the educator’s license on Probation for a period of two years and assessed a fine of $75.00.

23. Allegations and Resolutions Allegation: • The educator reportedly said to his class of students, “There is a new sheriff in town, and I am going to change the face of this program. I want all of you punks and faggots to get out of my formation.” Standard Alleged Violated: Standard #1: An educator maintains a professional relationship with each student, both in and outside the classroom.

24. Allegations and Resolutions Investigation revealed: • The educator did make that statement to his class after a student asked to be excused from participating in the class exercise. Resolution: • The State Board issued a Written Reprimand and assessed a $50.00 fine.

25. Allegations and Resolutions Allegation: • The educator allegedly slapped a student during cheer practice and made inappropriate comments to the student in the presence of other students, with the intention of embarrassing and/or humiliating the student. Standard Alleged Violated: Standard #1: An educator maintains a professional relationship with each student, both in and outside the classroom.

26. Allegations and Resolutions Investigation revealed: • The educator slapped the student, but claimed that she had done so jokingly, and had made comments which could cause embarrassment or humiliate the student. Resolution: • During the pendency of this investigation, a second allegation was filed against this educator, and both cases were heard on the same date by the Subcommittee.

27. Allegations and Resolutions Allegation: • The second allegation filed against the educator was that she made contact with a student by placing her arm on his shoulder and then made contact with his head or face with her hand, which occurred during class, and which some witnesses described as a slap. Standard Alleged Violated: Standard #1: An educator maintains a professional relationship with each student, both in and outside the classroom.

28. Allegations and Resolutions Investigation revealed: • The educator did lean on the student’s shoulder and tapped or slapped his face, but claimed that she had done so in a joking manner. Resolution: • On the first allegation, the State Board ordered the educator’s license be suspended for 1 year and assessed a $100.00 fine. A Letter of Caution was issued by the PLSB Subcommittee for the second violation.

29. Allegations and Resolutions Allegation: • An educator allegedly drove his nephew, also a student where he taught, to a location off campus where that student and another student from the school engaged in a fight, knowing that the two planned to fight; other students were present and witnessed the fight; the educator made no attempt to discourage or break up the fight; and the educator did not notify school or law enforcement authorities of the altercation.

30. Allegations and Resolutions Standard Alleged Violated: Standard #1: An educator maintains a professional relationship with each student, both in and outside the classroom. Investigation revealed: • The investigation confirmed the allegations. Resolution: • The State Board placed the educator’s license on Probation for 1 year and assessed a $75.00 fine.

31. Allegations and Resolutions Allegation: • An educator allegedly exchanged text messages of a sexual nature with a student, exchanged nude photographs with the student via text messaging, and engaged in sexual acts and sexual intercourse with the student. Standard Alleged Violated: Standard #1: An educator maintains a professional relationship with each student, both in and outside the classroom.

32. Allegations and Resolutions Investigation revealed: • The investigation confirmed the allegations. Resolution: • The State Board Permanently Revoked the educator’s license.

33. Allegations and Resolutions Allegation: • An educator allegedly purchased tobacco products for a 14 year old student who had worked for him at the educator’s rental property, knowing that the student could not legally purchase tobacco and that it was illegal for him to purchase tobacco for a minor. Standard Alleged Violated: Standard #1: An educator maintains a professional relationship with each student, both in and outside the classroom.

34. Allegations and Resolutions Investigation revealed: • The investigation confirmed the allegations. Resolution: • The State Board issued a Written Reprimand and assessed a $50.00 fine.

35. Allegations and Resolutions Allegation: • The educator allegedly: a.) threw a special education student’s jacket and backpack into the hallway from her self-contained room; b.) placed her foot on the student who was lying face down on the floor in the doorway of her room and with her foot on the student’s bottom, pushed him out of the doorway; c.) straddled the child, lifted him up from under his arms and carried him for approximately 15 feet. d.) sat the child down while she gathered his belongings;

36. Allegations and Resolutions Allegation (continued): e.) pulled on the student’s wrists in order to get him to stand up; and, f.) continued to hold his hand as she walked him to the car rider line; g.) and when another student was uncooperative and aggressive in her room and was hitting adults and throwing things, did not assist nor determine how she might assist. Standard Alleged Violated: Standard #1: An educator maintains a professional relationship with each student, both in and outside the classroom.

37. Allegations and Resolutions Investigation revealed: • The investigation substantiated allegations that the educator threw the student’s jacket and backpack into the hallway and that she used her foot to push him into the hallway. The Subcommittee found Reasonable Belief that she violated Standard 1 on that basis, but did not find Reasonable Belief as to the other conduct alleged. Resolution: • The State Board placed her license on Probation for a period of 1 year and assessed a fine of $75.00.

38. Allegations and Resolutions Allegation: • The educator was alleged to have denied a student lunch as a disciplinary measure because he was late to the cafeteria. Standard Alleged Violated: Standard #1: An educator maintains a professional relationship with each student, both in and outside the classroom.

39. Allegations and Resolutions Investigation revealed: • The student had gone to the playground, retrieved a football for a teacher, and chose to stay outside and play until lunch period was almost over. He came into the cafeteria to eat and the educator questioned his tardiness in coming to the cafeteria, but educator claimed that she did not refuse to allow him to eat. Resolution: • The PLSB Subcommittee found Reasonable Belief that Standard 1 was violated and issued a Letter of Caution.

40. Allegations and Resolutions Allegation: • The educator reportedly played an ineligible player in a football game, knowing that the student was suspended from school at the time. Standards Alleged Violated: Standard #1: An educator maintains a professional relationship with each student, both in and outside the classroom. Standard #2: An educator maintains competence regarding skills, knowledge, and dispositions relating to his/her organizational position, subject matter, and/or pedagogical practice.

41. Allegations and Resolutions Investigation revealed: • The investigation substantiated the allegations in the complaint and revealed that the student wore a jersey with a number different from that assigned to him during the game. Resolution: • The State Board placed the educator’s license on probation for a period of 2 years and assessed a fine of $75.00, for violation of both Standards.

42. Allegations and Resolutions Allegation: • Allegedly, the educator, a superintendent, upon being presented allegations of improper sexual conduct by an educator under his supervision, did not take adequate steps to investigate or to remove the educator against whom the allegations were made in order to protect students, and further, as a mandated reporter, did not immediately report the suspected abuse to the proper authorities, as is required by Arkansas state law.

43. Allegations and Resolutions Standards Alleged Violated: Standard #2: An educator maintains competence regarding skills, knowledge, and dispositions relating to his/her organizational position, subject matter, and/or pedagogical practice. Standard #3: An educator honestly fulfills reporting obligations associated with professional practices.

44. Allegations and Resolutions Investigation revealed: • The investigation substantiated the allegations of violations of Standards 2 and 3. Resolution: • The State Board ordered that the educator’s license be Permanently Revoked.

45. Allegations and Resolutions Allegation: • The educator allegedly falsified his employment application documents to list false information regarding prior employment, names of references, telephone contact information, and signatures, in order to secure a position with an Arkansas district. Standard Alleged Violated: Standard #3: An educator honestly fulfills reporting obligations associated with professional practices.

46. Allegations and Resolutions Investigation revealed: • The educator did in fact falsify his employment application as alleged. Resolution: • The State Board ordered that the educator’s license be Permanently Revoked.

47. Allegations and Resolutions Allegation: • A superintendent allegedly failed to make required reports to the appropriate agency or agencies. • Additionally, he allegedly allowed employees directly under his supervision to accumulate excessive amounts of overtime pay, with that pay at times equaling approximately 75% of that person’s pay, and that he transferred funds totaling $1,400,000.00 from the district’s reserve fund into the operations account, without formal board approval.

48. Allegations and Resolutions Standards Alleged Violated: Standard #3: An educator honestly fulfills reporting obligations associated with professional practices. Standard #4: An educator entrusted with public funds and property honors that trust with honest, responsible stewardship.

49. Allegations and Resolutions Investigation revealed: • The investigation determined that the educator failed to make required reports and that he allowed employees under his supervision to accumulate excessive overtime. Additionally, the educator did transfer funds from the reserve account to the operations account. The PLSB Subcommittee found Reasonable Belief that Standard 3 was violated and that Standard 4 was violated in the paying of excessive overtime, but not in the transferring of funds from the reserve account. Resolution: • The State Board placed the educator’s license on Probation for a period of 2 years and assessed a fine of $75.00.

50. Allegations and Resolutions Allegation: • An educator allegedly collected money from students for dues and for prom, which she failed to deposit, she further failed to deposit money collected from a fundraiser, and personally spent money from those funds ($4,770.50) not deposited. Standard Alleged Violated: Standard #4: An educator entrusted with public funds and property honors that trust with honest, responsible stewardship.