ETHICS IN EDUCATION

2012-2013

THE I-SS WAY

Mission

Iredell-Statesville Schools will rigorously challenge all students to achieve their academic potential and to lead productive and rewarding lives. We will achieve this mission with the support of parents, staff, and the community.

Vision

A school system committed to improving student learning by igniting a passion for learning

Values

• Student and Learning Focus

• Motivated Faculty and Staff

• Continuous Improvement Focus

• Management by Fact

• Partnerships and Teamwork • Results Focus

High Ethical Standards

ETHICAL CONTEXT

What you find is that the tough ethical choices are not always decisions between good and evil, but often between two goods:

Truth versus Loyalty

Individual versus Community

Short-term versus Long-term

Justice versus Mercy

ADAPTED CODE OF ETHICS FOR NC EDUCATORS

Commitment to the

Student

Commitment

Commitment to the School and School

System to the

Position

COMMITMENT TO THE STUDENT

• Protects students’ health and safety

• Maintains appropriate relationships with students in all settings

• Evaluates students grades based upon performance.

• Disciplines students, but does not deliberately embarrass or humiliate

– Advises and communicates discipline issues to teachers or appropriate staff

• Confidentiality with information learned in professional practice, unless in compliance with regulations or statutes

• Refuses to accept significant gift, favors, or compensation that appears to influence professional decisions or actions

COMMITMENT TO THE SCHOOL/SCHOOL SYSTEM

Utilizes available resources to provide a classroom climate conducive to learning

Acknowledges diverse views of students and stakeholders shaping goals, policies, and decisions

Actively participates in professional decision-making processes and

supports the expression of professional opinions by all

COMMITMENT TO THE POSITION

Provides accurate credentials and information regarding highly qualified status or employment and does not knowingly assist others in providing untruthful information

Acts to remedy observed violations of the Code of Ethics and promotes understanding of the principles of professional conduct

Pursues growth and development opportunities to improve the education, experiences, and performance of students and colleagues.

STANDARDS OF PROFESSIONAL CONDUCT

• Practice the standards of federal, state, and local governing bodies

Personal conduct – serve as positive role model for students, parents, and the community

Honesty – no dishonesty, fraud, deceit, or misrepresentation with following:

Proper remunerative conduct – no solicitation of current students or parents to purchase equipment, supplies, or services from the educator in private capacity.

Conduct with students – treat all students with respect; the educator shall not commit any abusive act or sexual exploitation with, to, or in the presence of a student

Confidential information – keep in confidence personally identifiable information regarding students or their family members obtained, unless disclosure is required or permitted by law or necessary for the personal safety of others

STANDARDS OF PROFESSIONAL CONDUCT

Rights of others – shall not willfully or maliciously violate the constitutional or civil rights of a student, parent/legal guardian, or colleague.

Required reports – shall make all reports required by NC General Statutes.

Alcohol or controlled substance abuse - shall not be under the influence of, possess, use, or consume alcohol or controlled substance (without authorized prescriptive use) on school premises or at a school-sponsored activity; or furnish alcohol or a controlled substance to any student except as indicated in the professional duties of administering legally prescribed medications

Compliance with criminal laws

Public funds and property

Scope of professional practice – shall not perform any act as an employee in a position for which licensure is required during any period of suspension or revocation

Conduct related to ethical violations

Local Policies

7240 – Drug and Alcohol Free

Workplace

7241 – Drug and Alcohol Testing of

Commercial Motor Vehicle Operators

4040/7310 – Staff-Student Relations

1740/4010 – Student and Parent

Grievance Procedure

1742/5060 – Responding to Complaints

1710/4021/7230 – Prohibition against

Discrimination, Harassment and Bullying

1750/7220 – Grievance Procedure for

Employees

1720/4015/7225 – Discrimination,

Harassment and Bullying Complaint

Procedure

1800 – Stewardship of Resources

7335 – Employee Use of Social Media

4700 – Student Records

1735/5025/7235 – Harassment Defined

7315 – Confidential Information

1736/4026/7236 – Sexual Harassment

Defined

5070/7350 – Public Records

7820 – Personnel Files

1755/7237 – Sexual Harassment

Complaint Procedure for Employees

7730 – Employee Conflict of Interest

1730/4022/7231 – Nondiscrimination on the basis of Disabilities

Drug-Free and Alcohol Free Workplace

(Policy 7240)

• Prohibits the unlawful manufacture, distribution, dispensing, possession, or use of any of the following:

• Narcotic Drug

• Hallucinogenics

• Amphetamine

• Barbiturate

• Marijuana

• Anabolic Steroids

• Alcohol

• Stimulants

• Synthetic Cannabinoids

• Counterfeit Substances

• Designer Drugs (i.e. ecstasy or ice)

• Any other controlled substance

• Prohibits impairment by prescriptive or non-prescriptive drugs

• Prohibits use or influence of alcohol while acting

• Governs each employee

• before, during or after school hours while on property owned or leased by the BOE

• at anytime acting in the course and scope of I-SS

• at any time the violation of policy has a direct & adverse effect upon performance

• Must notify his or her supervisor in writing of any conviction no later than 5 calendar days after such conviction, be subject to disciplinary action

• Subjected to a test for the use of alcohol or controlled substances when reasonable grounds exist to suspect violation

Drug and Alcohol Testing of Commercial Motor

Vehicle Operators

(Policy 7241)

• Helps ensure safe operation of school vehicles and compliance with federal law and regulations for drug and alcohol testing

• Applicability – Who is subject

• Prohibited Acts - What is not allowed

• Testing – When testing can be expected

• Pre-employment Inquiry – What can be asked

• Training and Education – Materials available

• Referrals – Resources available if needed

• Penalties – Disciplinary actions

• Procedures – Testing procedures and guidelines

Discrimination, Harassment and Bullying

Prohibition Against

(Policy 1710/4021/7230)

• Prohibits discrimination on the basis of race, color, national origin, sex, disability or age

• Applies to students, school system employees, volunteers and visitors

• Prohibits reprisal or retaliation against and person

Complaint Procedure

(Policy 1720/4015/7225)

• File a complaint no later than 30 days after disclosure or discovery

• Informal Process must include the following:

– (1) notify the complainant that he or she has the option to request formal procedures at any time

– Reporting or intending to report

– Supporting someone for reporting or intending to report a violation

– Participating in investigation of reported violations

– (2) make a copy of relevant policies available to the complainant

• Formal Process includes designated investigator, timeline, written report and an appeal process

• Employees are required to report any actual or suspected violations

Harassment Defined

Definitions

Sexual Harassment Defined

(Policy 1735/5025/7235) (Policy 1736/4026/7236)

• Unwanted, unwelcomed and uninvited behavior that demeans, threatens or offends the victim and results in a hostile environment for the victim

• Epithets, derogatory comments or slurs and lewd propositions, assault, impeding or blocking movement, offensive touching or any physical interference with normal work or movement, and visual insults, such as derogatory posters or cartoons or technology generated visuals. Legitimate age-appropriate pedagogical techniques are not considered harassing behavior

• Various Levels

• Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment

– Explicit or Implicit

– Term or condition of employment, academic progress, or completion of a school-related activity

• used in evaluating the individual's performance within a course of study or other school-related activity

• severe, persistent or pervasive enough to unreasonably interfere with work or student performance

• Various Levels

Sexual Harassment Complaint Procedure for

Employees (Policy 1755/7237)

• Informal Resolution

• Reporting Complaint (30 days)

• Investigation

• Investigation Report (written)

• Appeal (5 days)

– Superintendent

– BOE

• Maintenance of Records

Nondiscrimination on the Basis of Disabilities

(Policy 1730/4022/7231 )

• I-SS will not discriminate against qualified persons with disabilities on the basis of a disability

• Includes, but is not limited to, benefits of and participation in system programs and activities

• Provides aids, benefits and school services to a person with disabilities in the most integrated school setting appropriate to his or her needs so that he or she may have an opportunity commensurate to that provided to persons without disabilities to obtain the same results, gain the same benefit or reach the same level of achievement

Staff-Student Relations

Staff-Student Relations Student/Parent Grievance Proc.

(Policy 4040/7310) (Policy 1740/4010)

• Professional relationships: role model

• Prohibited from dating, courting or entering into a romantic or sexual relationship without being subject to disciplinary action

• Employees required to report or be subject to disciplinary action

• Report grievance

• Investigation (5 days)

• Response by principal

• Response by superintendent

• Appeal to the Board

– Mandatory Appeal

• Alleged violation of policy

– Discretionary Appeal

• No alleged violation of policy

Complaints and Employee Grievance

Responding to Complaints

(Policy 1742/5060)

Grievance Procedure - Employees

(Policy 1750/7220)

• Complaints not specifically addressed by policy should be handled in the following manner:

• Informal resolution

• Report grievance

• Investigation (5 days)

• Response by official – Level 1

– Complaint reported at the lowest level

– BOE initially redirects to the lowest level

• Response by superintendent

– Level 2

• Appeal to the Board – Level 3

– If not satisfied with the decision, it can be appealed to the next level

– Mandatory Appeal

– Discretionary Appeal

– Prompt handling and response

Stewardship of Resources (Policy 1800)

• A system of excellent schools conserves financial and environmental resources and operates in an efficient manner.

Employee Use of Social Media

(Policy 7335)

Social Media Involving Students

– Maintenance of professional relationships

– Access to students via electronic communications must be school-related (unless otherwise outlined in policy – i.e. family)

– Prohibited from communicating via personal social network

Employee Use of Social Media

– Responsible for impact of public conduct on professional image – standards remain during personal time

– Interference with professional ability subject to disciplinary action

– Prohibiting from accessing social networking sites for personal use during instructional time or with I-SS resources

Posting to Social Media Sites

– Remain aware of posted content on social networking sites accessible to students, parents and community

– Observe principles outlined in BOE policy when posting

Consequences

– Online activities will be monitored

– Conduct periodic public internet searches for potential violations

– Subject to disciplinary action, up to and including dismissal

Records

Student Records (Policy 4700) Public Records (Policy 5070/7350)

• Annual Notification of Rights • Name

• Review & Release to Parent, Guardian or Eligible Student

• Release of Records to Others

• Surveys, Evaluation

• Use of Legal Name

• FERPA – Federal Education Rights

Protection Act

• Age

• Date of original employment

• Terms of any past or current contract

• Current position, title, salary

• Date and amount of each increase

• Date and type of each promotion, demotion transfer, suspension, separation or other change in position

• Date and general description of the reasons for each promotion

• Date and type of each dismissal, suspension or demotion for disciplinary reasons and a copy of any written notices

• Location of current station

Confidential Information (Policy Code 7315)

• Maintain the confidentiality of records as required by law

• Do not repeat or discuss except with those recognized by law as having a right to the information

• Seek clarification prior to sharing from supervisor when unsure

• Violations may result in disciplinary action

Employee Conflict of Interest (Policy 7730)

• Financial Interests - An employee shall not do any of the following:

– Obtain direct benefit from a contract that they were involved in making or administering for the BOE

– Influence or attempt to influence anyone who is involved in making or administering a contract for the BOE

– Solicit or receive any gift, favor, reward, service or promise of reward, including a promise of future employment, in exchange for recommending, influencing or attempting to influence the award of a contract for the BOE

– Non-School employment shall not:

• Adversely affect availability

• Involve sources of information originating from any information obtained through I-SS

• Utilize I-SS materials and resources

• Be conducted during school time or on school property

• Receipt of Gifts

• Supervising Family Members

Please reflect on the following based on your review of policies

CASE STUDIES

#1

This evening In-School Suspension (ISS) Coordinator goes on Facebook and sees that a student’ has sent a friend request. The ISS Coordinator accepts the request because he really tried to mentor the student last year. Is their an infraction of the Code of Ethics or BOE policy?

Answer:

Communication social media (Social Media Policy) and the nature of the contact (Staff-Student Relations) could result both in a Code of

Ethics (Commitment to the Student) and BOE policy violation.

Professional relationships with students should not extend to the personal arena via social media or personal devices.

#2

While waiting to pay for your produce at the market you see a fellow staff member and say, “Did you hear what happened to Johnny Wildman from Ms. Smith’s class last year? He is being sent to military school.” Is there an infraction of the Code of Ethics or BOE policy?

Answer:

This is clearly a violation of the Code of Ethics

(Commitment to the Student). It is also a potential violation of BOE Policy (Student Records) and an obvious violation of student confidentiality.

#3

Peggy Johnson is a high school custodian. She has built a good relationship with the students. One student, Brad Tucker, comes to school upset. In comforting Brad, Ms. Johnson puts her arm around his shoulder. Is she in violation?

Answer:

This alone is not a violation. There are, however, some important considerations. One should be the age of the student. Student contact looks very different depending on the grade level of the student.

Another consideration is the response of the student. For example, if

Ms. Johnson’s approach yields the student drawing into himself, she should note the behavior and not touch him. Student comfort is a positive behavior expected of adults, but one must be aware of the student’s response.

#4

Ron Abbott is a school bus driver. Gayle Evans, a student on his bus is constantly out of her seat causing disruptions with other students. He has talked with Gayle on several occasions but nothing has helped. Today is no different, 5 minutes into the ride Ron hears a loud commotion and

Gayle is moving from seat to seat toward the back of the bus. Ron begins to yell at Gayle, orders her back to her seat and tells her he is tired of her stupid behavior. Is this a violation?

Answer:

This is definitely a violation of the Code of Ethics (Commitment to the

Student). This type of behavior also has the potential to be a BOE policy (Prohibition against Discrimination, Harassment and Bullying) violation.

#5

Charlotte Ann Thompson, office support personnel, meets a sixteen-year-old while working with her church youth group. She becomes sexually involved with the sixteen-year-old from the youth group. Is this a violation?

Answer:

The behavior is clearly a violation of the Code of Ethics and the I-SS

BOE Policy 4040/7310 (Staff-Student Relations), which states that all employees, except student employees, are prohibited from dating, courting or entering into a romantic or sexual relationship with any student enrolled in the school district regardless of the student's age. It also does not matter that the employee is not assigned to the school site and works within another building.

#6

Mr. Tony Farmer, a technician, has a district-issued cell phone. He doesn’t always carry his phone inside the school when he knows it will be a quick trip. He also leaves his phone in the car each night when his finishes work. Tony doesn’t always remember to lock his car. His phone is stolen. Is this a violation?

Answer:

This is a violation of BOE policy (Stewardship of Resources)

#7

Brenda Rider is a teacher assistant at Wood Glen

Elementary School. She really wants the students to score well on the benchmark exams. Therefore, while she is proctoring the students, she frequently points to answers on their bubble sheets or gives them signals. Has Brenda violated the Code of Ethics?

Answer:

This is clearly a violation of the Code of Ethics. Providing the student answers in this manner is unethical and does not allow the student to show competency in assessed areas on the benchmark exams. It does not matter that the tests were benchmark exams versus state testing.

#8

Andrew Westwood is an EC teacher assistant/bus driver at the high school. He also is an assistant soccer coach for the high school team. On Saturday night Andrew takes his family out to the local pizza parlor for dinner. He orders a beer with his pizza. While in the restaurant, two of his players enter the pizza parlor and sit at a nearby table. Is

Andrew’s drinking a beer with his family violating the code of ethics?

Answer:

This behavior alone is not a violation. However, if the students sit at the coach’s table, the context changes. If the behavior of the coach is uncontrolled and results in a scene, the context changes. It is also not model behavior that the coach would be consuming alcohol while representing the school (i.e. wearing school paraphernalia).

“The reputation of a thousand years is determined by the conduct of one hour.”

Japanese proverb

Completion – Signature Page

• Complete the Ethics Online Training Signature Page to receive credit.

Classified Ethics Online Training Signature Page

• Please also visit the I-SS Ethics Portal for additional information and resources.

I-SS Ethics Portal