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Ethics

Ethics. EDUCATOR DISCIPLINE ACT PROMOTING INTEGRITY AND PROFESSIONALISM. PRESENTATION OBJECTIVES. INTRODUCTION TO PSPC BASIC UNDERSTANDING OF THE MECHANICS OF THE EDUCATOR DISCIPLINE SYSTEM RAISE AWARENESS OF CONDUCT THAT CAN TRIGGER PROFESSIONAL DISCIPLINE

tanisha-wilkinson
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Ethics

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  1. Ethics EDUCATOR DISCIPLINE ACT PROMOTING INTEGRITY AND PROFESSIONALISM

  2. PRESENTATION OBJECTIVES • INTRODUCTION TO PSPC • BASIC UNDERSTANDING OF THE MECHANICS OF THE EDUCATOR DISCIPLINE SYSTEM • RAISE AWARENESS OF CONDUCT THAT CAN TRIGGER PROFESSIONAL DISCIPLINE • EXPLORE SIGNIFICANT AMENDMENTS TO THE CONTROLLING STATUTE • REVIEW MANDATORY REPORTING RESPONSIBILITIES

  3. PSPC MISSION AND COMPOSITION MISSION The PSPC is committed to providing leadership for improving the quality of education in this Commonwealth by establishing high standards for preparation, certification, practice and ethical conduct in the teaching profession. COMPOSITION • 7 classroom teachers including one educational specialist • 3 public school administrators; one a principal and one a commissioned officer • 1 administrator from higher ed. program • 2 members of general public; one a school board member

  4. STATUTORY AUTHORITY/JURISDICTION EDUCATOR DISCIPLINE ACT 24 P.S. section 2070.1 et seq. Covered school entities Covered individuals: - All certificated professionals (public and private) - charter school staff members - contracted educational provider staff members

  5. PROFESSIONAL STANDARDS AND PRACTICES COMMISSION (PSPC) ----PRIMARY ROLES

  6. Pennsylvania Department of Education, Office of Chief Counsel –Primary Roles • Receipt and review of educator misconduct complaints • Receipt and review of Mandatory Reports • Investigation of educator misconduct complaints • Prosecution of formal disciplinary charges before the PSPC • Reciprocal Discipline/Reinstatement

  7. CODE OF CONDUCT: GUIDING PRINCIPLES Commitment to excellence Commitment to the value and dignity of each individual Commitment to act in a fiduciary capacity and to protect students Commitment to modeling societal responsibilities

  8. DISCIPLINE PROCESS

  9. GROUNDS FOR DISCIPLINE

  10. NON-CRIMINAL MISCONDUCT Incompetency Intemperance Negligence Cruelty Immorality Violation of Act of May 29, 1931 Violation of the Code of Conduct Sexual misconduct/Sexual abuse or exploitation Founded reports Failure to fulfill statutory duties Coercion, retaliation, discrimination

  11. CRIMINAL CONDUCT Conviction/indictment of a crime involving moral turpitude Conviction/indictment of a crime listed in section 111(e)

  12. DEFINITION OF MORAL TURPITUDE 1 2 3

  13. EXAMPLES OF CRIMES DETERMINED TO INVOLVE MORAL TURPITUDE BY COMMISSION

  14. SECTION 111(e) CRIMES

  15. TYPES OF PROFESSIONAL DISCIPLINE Private reprimand Public reprimand Suspension/Immediate suspension Revocation Surrender in lieu of discipline Fees/Fines Conditions Reciprocal Discipline

  16. DUTIES OF SCHOOL ENTITIES • Investigate and report findings and recommendations to PDE as directed • A school entity and any official or employee thereof shall cooperate with PDE during all stages of the disciplinary process and promptly provide PDE with any relevant information and evidence requested by PDE • Confidentiality agreements prohibited

  17. NEW MANDATORY REPORTING FOR CHIEF SCHOOL ADMINISTRATORS (1) Any educator who has been provided with notice of intent to dismiss or remove for cause, notice of nonrenewal for cause, notice of removal from eligibility lists for cause or notice of a determination not to reemploy for cause. (2) Any educator who has been arrested, indicted or convicted for a misdemeanor or felony. (3) Any educator against whom allegations have been made that the educator has: (i) committed sexual abuse or exploitation involving a child or student; or (ii) engaged in sexual misconduct with a child or student. (3.1) Information which constitutes reasonable cause to suspect that an educator has caused physical injury to a child or student as a result of negligence or malice. (4) Any educator who has resigned, retired or otherwise separated from employment after a school entity has received information of alleged misconduct under this act. (5) Any educator who is the subject of a report filed by the school entity under the reporting requirements of 23 Pa.C.S. Ch. 63 (relating to child protective services). (6) Any educator who the school entity knows to have been named as the perpetrator of an indicated or founded report of child abuse or named as an individual responsible for injury or abuse in an indicated or founded report for a school employe under 23 Pa.C.S. Ch. 63.

  18. NEW MANDATORY REPORTING FOR CHIEF SCHOOL ADMINISTRATORS-CONTINUED All reports shall include an inventory of all information and documentary and physical evidence in possession or control of the school entity relating to the misconduct and the name and contact information for the custodian of the items listed. The school entity shall promptly provide to PDE any documents or items requested.

  19. NEW MANDATORY REPORTING FOR ALL EDUCATORS ALL EDUCATORS SHALL REPORT: • sexual Misconduct/exploitation • ANY arrests/convictions FOR SECTION 111(E) AND (F) CRIMES

  20. DEFINITION OF SEXUAL MISCONDUCT “Sexual misconduct” shall mean any act, including but not limited to any verbal, non-verbal, written or electronic communication or physical activity, directed towards or with a child or a student regardless of the age of the child or student that is designed to establish a romantic or sexual relationship with the child or student. Such prohibited acts include but are not limited to: (1) sexual or romantic invitations; (2) dating or soliciting dates; (3) engaging in sexualized or romantic dialogue; (4) making sexually suggestive comments; (5) self-disclosure or physical exposure of a sexual, romantic or erotic nature; or (6) any sexual, indecent, romantic or erotic contact with the child or student. The consent of a child or a student to engage in sexual misconduct may not be a defense or a mitigating factor in any discipline proceeding under this act.

  21. QUICK REVIEW OF OTHER SIGNIFICANT AMENDMENTS TO EDUCATOR DISCIPLINE ACT

  22. SOME STATISTICS • Complaints filed in 2011: 256 • Complaints filed in 2012 : 563 • Complaints filed in 2013: 482 • Current open cases: 855 • Current high priority: 160 (sexual misconduct or physical abuse) • Complaints to date in 2014: 146

  23. CONFIDENTIALITY

  24. DEFINITION OF SEXUAL MISCONDUCT “Sexual misconduct” shall mean any act, including but not limited to any verbal, non-verbal, written or electronic communication or physical activity, directed towards or with a child or a student regardless of the age of the child or student that is designed to establish a romantic or sexual relationship with the child or student. Such prohibited acts include but are not limited to: (1) sexual or romantic invitations; (2) dating or soliciting dates; (3) engaging in sexualized or romantic dialogue; (4) making sexually suggestive comments; (5) self-disclosure or physical exposure of a sexual, romantic or erotic nature; or (6) any sexual, indecent, romantic or erotic contact with the child or student. The consent of a child or a student to engage in sexual misconduct may not be a defense or a mitigating factor in any discipline proceeding under this act.

  25. Administrator checkpoints • Student teachers • Pre-employment • In-service • Supportive environment • Investigation protocols • Recognizing red flags and vulnerabilities • Reporting vigilance • Responsibilities to profession at large

  26. Vulnerabilities? EDUCATORS ARE MORE VULNERABLE TO OFFEND WHEN THEY ARE EXPERIENCING CERTAIN LIFE EVENTS OR HAVE CERTAIN DISPOSITIONS For example: • Imbalanced life style • Life changes/crisis: • Divorce/relationship issues • Financial problems • Illness/pain • Inordinate need to be admired, needed, loved

  27. Red Flag Self-Assessment • Do I tend to spend my free time with students and not peers? • Do I demonstrate favoritism towards one or two students (maybe different one each year)? • Do I ever use sexualized language to describe students or make lewd or suggestive comments with students or colleagues? • Do I arrange to spend time alone with a student (passes from other classes, lunch time in classroom, before or after school time) or outside of school? • Do I tend to share personal information about myself and my life with students? • Have I ever arrange my classroom so that is difficult to observe from hallway (blinds always pulled, door shut, door window covered)

  28. Red Flag Assessment (cont.) • Have I requested special treatment for a particular student? • Am I prone to hug and engage in physical contact with students or treat them in an overly friendly manner? • Am I concerned with being liked by students or perceived as being “cool”? • Do I enjoy being the one person that a student can talk to about personal problems? • Do I see myself as a counselor as well as a teacher of students?

  29. HOW CAN WE HELP EACH OTHER

  30. Carolyn Angelo, Executive Director/Legal Counsel Professional Standards and Practices Commission (717 787-6576 cangelo@pa.gov Shane Crosby, Assistant Chief Counsel PDE Office of Chief Counsel (717) 787-5500 shcrosby@pa.gov http://www.education.state.pa.us/pspc CONTACT INFORMATION

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