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 • Continuous Improvement Focus • Motivated Faculty and Staff • 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 CODE OF ETHICS FOR NC EDUCATORS Commitment to the Student Commitment to the Profession Commitment to the School and School System COMMITMENT TO THE STUDENT • Protects students’ health and safety • Maintains appropriate relationships with students in all settings • Evaluates students and assigns grades based upon performance • Disciplines students, but does not deliberately embarrass or humiliate • Confidentiality with information learned in professional practice, unless in compliance with regulations or statutes • Refuses to accept significant gifts, 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 • Signs a contract in good faith and does not abandon • Actively participates in professional decision-making processes and supports the expression of professional opinions by all • When acting in an administrative capacity: – Acts fairly, consistently, and prudently in the exercise of authority – Evaluates the work of others using appropriate procedures and regulations – Protects the rights of others, and does not retaliate, coerce, or intentionally intimidate others in the exercise of rights protected by law – Recommends persons for employment, promotion, or transfer based on qualifications and the law COMMITMENT TO THE PROFESSION • Provides accurate credentials and information regarding licensure 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. CODE OF ETHICS FOR NC EDUCATORS The purpose of these rules is to establish and uphold uniform standards of professional conduct for licensed professional educators throughout the State. These rules shall be binding on every person licensed by the SBE, hereinafter referred to as "educator" or "professional educator," and the possible consequences of any willful breach shall include license suspension or revocation. The prohibition of certain conduct in these rules shall not be interpreted as approval of conduct not specifically cited. 16 NCAC 6C .0601 Purpose and Applicability 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 NC TEACHER EVALUATION - STANDARD 1 Teachers Demonstrate Leadership e. Teachers demonstrate high ethical standards. Teachers demonstrate ethical principles including honesty, integrity, fair treatment and respect for others. Teachers uphold the Code of Ethics for North Carolina Educators (effective June 1, 1997) and the Standards for Professional Conduct adopted April 1, 1998. (www.ncptsc.org) Developing Understands the importance of ethical behavior as outlined in the Code of Ethics for North Carolina Educators and the Standards for Professional Conduct. Proficient Accomplished Distinguished …and …and …and Demonstrates ethical behavior through adherence to the Code of Ethics for North Carolina Educators and the Standards for Professional Conduct. Knows and upholds the Code of Ethics for North Carolina Educators and the Standards for Professional Conduct. Models the tenets of the Code of Ethics for North Carolina Educators and the Standards for Professional Conduct and encourages others to do the same. Local Policies • 7240 – Drug and Alcohol Free • Workplace • • 1710/4021/7230 – Prohibition against Discrimination, Harassment and Bullying • • 1720/4015/7225 – Discrimination, • Harassment and Bullying Complaint Procedure • • 1735/5025/7235 – Harassment Defined • • 1736/4026/7236 – Sexual Harassment • Defined • • 1755/7237 – Sexual Harassment • Complaint Procedure for Employees • 1730/4022/7231 – Nondiscrimination • on the basis of Disabilities 4040/7310 – Staff-Student Relations 1740/4010 – Student and Parent Grievance Procedure 1742/5060 – Responding to Complaints 1750/7220 – Grievance Procedure for Employees 1800 – Stewardship of Resources 7335 – Employee Use of Social Media 4700 – Student Records 5070/7350 – Public Records 7820 – Personnel Files 7730 – Employee Conflict of Interest • • • • • • Drug-Free and Alcohol Free Workplace (Policy 7240) Prohibits the unlawful manufacture, distribution, dispensing, possession, or use of any of the following: • Narcotic Drug • Anabolic Steroids • Designer Drugs (i.e. • Hallucinogenics • Alcohol ecstasy or ice) • Amphetamine • Stimulants • Any other controlled • Barbiturate • Synthetic Cannabinoids substance • Marijuana • Counterfeit Substances 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 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 – Reporting or intending to report – Supporting someone for reporting or intending to report a violation – Participating in investigation of reported violations • Employees are required to report any actual or suspected violations 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 – (2) make a copy of relevant policies available to the complainant Formal Process includes designated investigator, timeline, written report and an appeal process Definitions Harassment Defined (Policy 1735/5025/7235) • • • 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 Sexual Harassment Defined (Policy 1736/4026/7236) • 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 (Policy 4040/7310) • 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 Student/Parent Grievance Proc. (Policy 1740/4010) • 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 Grievance Procedure - Employees (Policy 1742/5060) (Policy 1750/7220) • Complaints not specifically • Informal resolution addressed by policy should be • Report grievance handled in the following • Investigation (5 days) manner: • Response by official – Level 1 – Complaint reported at the • Response by superintendent lowest level – Level 2 – BOE initially redirects to the lowest level • Appeal to the Board – Level 3 – If not satisfied with the decision, it can be appealed to the next level – Prompt handling and response – Mandatory Appeal – Discretionary Appeal 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) • • • • • • Annual Notification of Rights 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 Public Records (Policy 5070/7350) • • • • • • • • • • Name 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 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 Case Study #1 This evening a service oriented teacher decides not to respond to their student’s text messages as they normally do. Instead they decide to use their smart phone to browse the web. Is their an infraction of the Code of Ethics or BOE policy? Answer: One should first determine the nature of the text messages. If the teacher has never communicated with the student before via text message and it is their personal phone, this could be an appropriate action if they follow up with the student the following day to address the need. Communication via personal devices (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. Case Study #2 While waiting to pay for your produce at the market a fellow teacher comes up to you in line and says “You had Johnny Wildman last year, were you ever able to control his behavior or get a lick of work out of him?” 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. Case Study #3 Peggy Johnson is a high school music teacher. One of her students, Brad Tucker, comes to class 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. Case Study #4 Ron Abbott is a middle school science teacher. When Gayle Evans, a student in his third-period class, doesn’t know the names of all of the planets, he states that she is just as stupid as her older brother, who was in his class last school year. 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. Case Study #5 Charlotte Ann Thompson, a licensed special education teacher, is currently unemployed. While working with her church youth group, she becomes sexually involved with a sixteen-year-old in the youth group. Is this a violation? Answer: The behavior is clearly not only illegal, but a violation of the Code of Ethics. It should also be noted that while Ms. Thompson is currently unemployed, the school district(s) for which she was employed should exercise due diligence to determine if there was a potential violation while she was employed. This action would also clearly require reporting to the SBE. Case Study #6 Mr. Tony Farmer, a 3rd grade teacher, has a districtissued laptop. He doesn’t use it every day, but usually keeps it on the back seat of his car, which he doesn’t always remember to lock. Is this a violation? Answer: This is a violation of BOE policy (Stewardship of Resources). Depending on the information on the computer, this could also easily be a violation of student confidentiality and/or FERPA. Case Study #7 Brenda Rider is a sixth-grade teacher at Wood Glen Middle School. She really wants her students to score well on the benchmark exams. Therefore, while she is proctoring her 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. Case Study #8 On Saturday night, Andrew Westwood, the high school football coach, 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 students 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. Ethics Online Training Signature Page • Please also visit the I-SS Ethics Portal for additional information and resources. I-SS Ethics Portal