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Professional Ethics and the Code of Professional Conduct: The Good, the Bad, & the Ugly

Explore the importance of professional ethics and the NASP ethics code in promoting responsible and respectful conduct in the field of school psychology. Understand the revisions made to the NASP code and the principles of the Canadian Code of Ethics.

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Professional Ethics and the Code of Professional Conduct: The Good, the Bad, & the Ugly

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  1. Professional Ethics and the Code of Professional Conduct:The Good, the Bad, & the Ugly Phil Koester, NCSP WSASP Ethics Chair,

  2. Professional experience

  3. Culture and Ethics • Culture and Ethics often go hand in hand • Cultures change – look at our schools • Swats were common in school –not now • Not intervening in student fights was common, not now. • Dunce caps, ridicule and verbal put downs were common, not now • Smoking or drinking in school, not now

  4. Culture and Ethics

  5. Culture and Ethics – East Vs. West • Value: Judeo-Christian vs. Buddhist/Confucian • Political Tradition: Democratic Vs. Authoritarian Totalitarian • Bender Bias: Male dominated/deference to females vs. male dominated/deference to males • Orientation: Individualistic vs. group oriented • Value Priorities: Honesty vs relationships -Filial Piety • Political History: Dominance vs. subservience • Space Orientation: Space rich vs. space poor • Social Service: Social security vs. family • Geopolitical Stance: International vs. Isolationism

  6. Culture and Ethics • Work outside the USA and understand ethics and culture. For example: • Middle East: • Role of Women, • Marriage • Food/drink that is illegal • Shaking hands (right or left) • Talking to another man’s wife.

  7. Third Culture Kids

  8. Professional ethics e.g. NASP and WSASP ethics, typically describes an “outstanding” or “competent” professional (the good). • Demonstrates a commitment to addressing the unique needs of others e.g. students, parents colleagues. • Possesses personal characteristics that earn respect from others e.g. performs high quality work, communicates clearly and respectfully etc. • Has a clear understanding of their role/s within an organization. • Embraces and supports the policies, values and culture of the institution.

  9. The Good:Revision of NASP Ethics Code • Currently, school psychologist’s conduct judged by: • Federal & state law • Includes OSPI/state Department of Education codes of conduct, OCR • District policies • NASP ethics codes • APA ethics code

  10. The Good:Revision of NASP Ethics • Last revision - March 2010Revisions represent fundamental changes in structure of the philosophy & organization

  11. Major Revision to NASP Code • Current structure organized around relationships: • To specific populations • To specific settings • Revision based in Universal Values • Based on A Canadian Code of Ethics (Canadian Psychological Assn., 1986)

  12. A Canadian Code of Ethics:Four Higher Order Principles • Respect for the Dignity of Others • Responsible Caring • Integrity in Professional Relationships • Responsibility to Community & Society

  13. Principle I: Respecting the dignity and rights of all persons • Principle I.1. Autonomy and Self-Determination (Consent and Assent)Right to Choose: • Self-determination and self-responsibility • Principle I.2. Privacy and Confidentiality: • Respecting privacy & right of consent • Principle I.3. Fairness and Justice: • Understanding and respecting differences • Non-discrimination • Addressing impact of biases

  14. Principle II: Competence and Responsible Caring (Beneficence) • Principle II.1. Competence • Principle II.2. Accepting Responsibility for Actions • Principle II.3. Responsible Assessment and Intervention Practices

  15. Principle II: Competence and Responsible Caring (Beneficence) • Principle II.4. Responsible School-Based Record Keeping • Principle II.5. Responsible Use of Materials • At least, do no harm

  16. Principle III: HONESTY AND INTEGRITY IN PROFESSIONAL RELATIONSHIPS. • Principle III.1. Accurate Presentation of Professional Qualifications Fiduciary relationship (based in trust) • Principle III.2. Forthright Explanation of Professional Services, Roles, and Priorities • Principle III.3. Respecting Other Professionals • Principle III.4. Multiple Relationships and Conflicts of Interest.

  17. Principle IV: RESPONSIBILITY TO SCHOOLS, FAMILIES, COMMUNITIES, THE PROFESSION, AND SOCIETY • IV.1. Promoting Healthy School, Family, and Community Environments • IV.2. Respect for Law and the Relationship of Law and Ethics • IV.3. Maintaining Public Trust by Self-Monitoring and Peer Monitoring • IV.4. Contributing to the Profession by Mentoring, Teaching, and Supervision • IV.5. Contributing to the School Psychology Knowledge Base

  18. Difference in Application:An Example • Mrs. French, an 8th grade English teacher, stops by to see you, the school psychologist. Mrs. French is upset about a love note she intercepted between two students in one of her classes. The note was written by a 14-year-old boy named Derek to another boy in the class. Derek knows that Mrs. French has read and kept the note, but she has not spoken with him about the matter. Mrs. French wants you to confront Derek with the note and talk with his parents so that he will “get help to cure him of this sick stuff before it’s too late.” How do you handle the situation? • (From Arimistead, L. et. al., personal communication, 2008)

  19. CODE OF PROFESSIONAL CONDUCT – The BAD • The “Code of Professional Conduct” is the opposite of professional ethics – it focuses on unethical behavior, or acts of unprofessional conduct. • The “Code of Professional Conduct” is authorized by the legislature, clarified by WAC and administered by OSPI’s Office of Professional Practice (OPP).

  20. History of the Code of Conduct -the ugly • In the 1980’s the state legislature funded a study that involved the random sampling of teachers and found that some had prior legal convictions with children, e.g. sex offenders etc.

  21. History of the Code of Conduct • The system had no way of preventing felons from becoming teachers, etc. The public and eventually the legislature wanted to know the extent of the problem.

  22. History of the Code of Conduct • The Legislature required finger printing, first with small samples. They found more felons than they had anticipated, and expanded the sampling – with the same result. • Under public pressure the state legislature eventually expanded the program to cover all new hires.

  23. History of the Code of Conduct • The other historical problem: The settlement agreement and the gag order.

  24. History of the Code of Conduct • Historically common practice: A teacher does something unethical. The district investigates and the evidence does not meet the standard for criminal court, “beyond a reasonable doubt.” Police and prosecutor would drop the case. • Typically, The district would then try to fire a teacher.

  25. History of the Code of Conduct • The teacher obtains legal counsel (required and provided by the union contract). • Typically, both sides would enter into a settlement agreement involving a gag order. • A teacher moved on and the district was prohibited from sharing concerns. The acts of unprofessional conduct often continued.

  26. History of the Code of Conduct • Settlement agreements and gag orders happened at an alarming rate, which prompted the Legislature to pass into law a Code of Professional Conduct for certificated educational employees (1990). • The Code of Conduct WAC 181-86 & 87.

  27. The Code of Conduct • Chapter 181-86 WAC Professional certification — policies and procedures for administration of certification proceedings. • http://apps.leg.wa.gov/WAC/default.aspx?cite=181-86&full=true

  28. The Code of Conduct • Chapter 181-87 WAC Professional certification — acts of unprofessional conduct • http://apps.leg.wa.gov/WAC/default.aspx?cite=181-87&full=true

  29. The Code – examples of the obvious. •    (1) No conviction of any felony crime involving:     (a) The physical neglect of a child under chapter 9A.42 RCW;     (b) The physical injury or death of a child under chapter 9A.32 or 9A.36 RCW, excepting motor vehicle violations under chapter 46.61 RCW;     (c) The sexual exploitation of a child under chapter 9.68A RCW;     (d) Sexual offenses where a child is the victim under chapter 9A.44 RCW;     (e) The promotion of prostitution of a child under chapter 9A.88 RCW;     (f) The sale or purchase of a child under RCW 9A.64.030;     (g) Provided, That the general classes of felony crimes referenced within this subsection shall include equivalent federal and crimes in other states committed against a child;     (h) Provided further, That for the purpose of this subsection "child" means a minor as defined by the applicable state or federal law; (i) Provided further, That for the purpose of this subsection "conviction" shall include a guilty plea.

  30. The Code – examples of the obvious. • Sexual misconduct with students.  Unprofessional conduct includes the commission by an education practitioner of any sexually exploitive act with or to a student including, but not limited to, the following:     (1) Any sexual advance, verbal or physical;     (2) Sexual intercourse as defined in RCW 9A.44.010;     (3) Indecent exposure as defined in RCW 9A.88.010;     (4) Sexual contact, i.e., the intentional touching of the sexual or other intimate parts of a student except to the extent necessary and appropriate to attend to the hygienic or health needs of the student;     (5) Provided, That the provisions of this section shall not apply if at the time of the sexual conduct the participants are married to each other.

  31. Frequently asked questions (FAQ) Q 1) Doesn’t the educational code of conduct apply only to teachers? A 1) 181-87-035 Education practitioner — Definition. As used in this chapter, the term "education practitioner" means any certificate holder licensed under rules of the professional educator standards board to serve as a certificated employee.

  32. Frequently asked questions (FAQ) Q 2) You take a trip in the summer with an ex-student (recently graduated). Relative to the Code of Conduct, is this post-HS graduate still considered a student? Do you need more information? What?

  33. Frequently asked questions (FAQ) • A 2) WAC 181-87-040Student — Definition.   As used in this chapter, the term "student" means the following:      (1) Any student who is under the supervision, direction, or control of the education practitioner.      (2) Any student enrolled in any school or school district served by the education practitioner.      (3) Any student enrolled in any school or school district while attending a school related activity at which the education practitioner is performing professional duties.      (4) Any former student who is under eighteen years of age and who has been under the supervision, direction, or control of the education practitioner. Former student, for the purpose of this section, includes but is not limited to drop outs, graduates, and students who transfer to other districts or schools.

  34. Frequently asked questions (FAQ) Q 3) If the state attorney generals office and the OPP recommends a suspension or revocation of a professional certificate what standard of proof is required? What does this mean? 86-170

  35. Frequently asked questions (FAQ) A 3) 181-86-070Grounds for issuance of suspension or revocation order. The clear and convincing proof standard

  36. Frequently asked questions (FAQ) Q 4) If the state attorney general’s office and the OSPI office of professional practice (OPP) recommends an official “reprimand”, what standard of proof is required? What does this mean?

  37. Frequently asked questions (FAQ) • A 4) 181-86-065Grounds for issuance of a reprimand order. The superintendent of public instruction may issue a reprimand order whenever the superintendent of public instruction determines one or more of the following:      (1) That the certificate holder has admitted the commission of an act of unprofessional conduct or lack of good moral character or personal fitness and has…agreed not to continue or repeat the conduct described in the findings of fact.      (2) That the certificate holder has committed an act of unprofessional conduct but the evidence is probably insufficient to meet the clear and convincing proof standard for suspension or revocation.      (3) That the certificate holder has committed an act of unprofessional conduct but the violation and the consequence were not serious and the interest of the state in protecting the health, safety, and general welfare of students, colleagues, and other affected persons is adequately served by a reprimand.

  38. Frequently asked questions (FAQ) Q – 5) Can the state attorney general’s office and the OPP recommend a revocation for some behavior that occurred years before a professional obtained an educational certification from OSPI? If so under what part/s of the code?

  39. Frequently asked questions (FAQ) A 5) 181-86-013 (2 & 3) Good moral character and personal fitness — Definition. (2) No conviction of any crime within the last ten years, including motor vehicle violations, which would materially and substantially impair the individual's worthiness and ability to serve as a professional within the public and private schools of the state.    (3) No behavioral problem which endangers the educational welfare or personal safety of students, teachers, or other colleagues within the educational setting.

  40. Frequently asked questions (FAQ) Q 6) Can the State Attorney General’s Office and the OPP recommend a revocation for behavior/s that occur outside of the school day and off school grounds?Must there be a nexus?

  41. Frequently asked questions (FAQ) A 6) 181-87-020Applicability of chapter to private conduct. As a general rule, the provisions of this chapter shall not be applicable to the private conduct of an education practitioner except where the education practitioner's role as a private person is not clearly distinguishable from the role as an education practitioner and the fulfillment of professional obligations.

  42. Frequently asked questions (FAQ) A 6) 181-86-013Good moral character and personal fitness — Definition. (3) No behavioral problem which endangers the educational welfare or personal safety of students, teachers, or other colleagues within the educational setting.

  43. Frequently asked questions (FAQ) Q: 7a) According to the Code, who are the “mandatory reporters”? A: Superintendent of a School District or ESD

  44. Frequently asked questions (FAQ) A 7a) 181-86-105Duty of educational service district superintendent to investigate complaints.   Each educational service district superintendent shall cause to be investigated all written and signed complaints, from whatever source, that allege that a certificated education professional within his or her educational service district is not of good moral character or personal fitness or has committed an act of unprofessional conduct.

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