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EDUCATOR ETHICS. MEGA Conference July 17, 2014. Presented by Susan Crowther, J.D. Legal Authority to Revoke. Alabama Code § 16-23-5 (1975) states:
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EDUCATOR ETHICS MEGA Conference July 17, 2014 Presented by Susan Crowther, J.D.
Legal Authority to Revoke Alabama Code § 16-23-5 (1975) states: The State Superintendent of Education may revoke any certificate issued under this chapter when the holder has been guilty of immoral conduct or unbecoming or indecent behavior.
EXAMPLES OF immoral conduct or unbecoming or indecent behavior
ALA. EDUCATOR CODE OF ETHICS • Standard 1: Professional Conduct: An educator should demonstrate conduct that follows generally recognized professional standards. • Standard 2: Trustworthiness: An educator should exemplify honesty and integrity in the course of professional practice. • Standard 3: Unlawful Acts: An educator should abide by federal, state, and local laws and statutes. • Standard 4: Teacher/Student Relationship: An educator should always maintain a professional relationship with all students, both in and outside the classroom. • Standard 5: Alcohol, Drug and Tobacco Use or Possession: An educator should refrain from the use of alcohol and/or tobacco during the course of professional practice and should never use illegal or unauthorized drugs.
Ala. Educator Code of Ethics • Standard 6: Public Funds and Property: An educator entrusted with public funds and property should honor that trust with a high level of honesty, accuracy, and responsibility. • Standard 7: Remunerative Conduct: An educator should maintain integrity with students, colleagues, parents, patrons, or businesses when accepting gifts, gratuities, favors, and additional compensation. • Standard 8: Maintenance of Confidentiality: An educator should comply with state and federal laws and local school board policies relating to confidentiality of student and personnel records, standardized test material, and other information covered by confidentiality agreements. • Standard 9: Abandonment of Contract: An educator should fulfill all of the terms and obligations detailed in the contract with the local board of education or educational agency for the duration of the contract.
Fitness to Teach • Factors considered in determining whether a conviction bears a reasonable relationship to the fitness of a current employee or applicant include: • 1. The likelihood that the conduct may adversely affect children or fellow employees. • 2. The degree of such adversity anticipated. • 3. The proximity or remoteness in time of the conduct. • 4. The type of certificate held by the individual, if applicable. • 5. Any extenuating or aggravating circumstances surrounding the conduct. • 6. The praiseworthiness or blameworthiness of the motives resulting in the conduct. • 7. The likelihood of the recurrence of the questioned conduct. • 8. The extent to which disciplinary or employment action may inflict an adverse impact or chilling effect upon the constitutional rights of the individual or other employees. • 9. Any other factor that is relevant to determining whether the individual is fit to have unsupervised access to a child or children.
Standard 4: Teacher/Student Relationship: An educator should always maintain a professional relationship with all students, both in and outside the classroom.
Immediate Revocations • a/k/a the Story of Charlene Schmitz
What we Learned from Schmitz • We have learned that we can proceed with administrative hearings when an appeal of a criminal conviction is still pending under Ala. Ins. Dept. v. Shaw. • This frees us up to be able to move against teaching certificates more expediently. • Video teleconferences are a cost-effective way to conduct administrative hearings and can be done when the subject of the revocation hearing is incarcerated. • As a result of this case, the “Fincher Law” was introduced
Fincher Law - History • Representative Fincher proposed a bill that would automatically revoke teaching certificates when the teacher was convicted of offenses that fall under the Community Notification Act (the “predator statute,” Class A Felonies and Capital Murder. • The Community Notification Act prohibits individuals convicted of certain crimes from being employed byor within 2000 feet of a school.
Crimes included in Fincher Law • Murder • (1) Rape in the first or second degree, pursuant to Section 13A-6-61 or 13A-6-62. • (2) Sodomy in the first or second degree, pursuant to Section 13A-6-63 or 13A-6-64. • (3) Sexual torture, pursuant to Section 13A-6-65.1. • (4) Sexual abuse in the first or second degree, pursuant to Section 13A-6-66 or 13A-6-67. • (5) Enticing a child to enter a vehicle, room, house, office, or other place for immoral purposes, pursuant to Section 13A-6-69. • (6) Promoting prostitution in the first or second degree, pursuant to Section 13A-12-111 or 13A-12-112. • (7) Violation of the Alabama Child Pornography Act pursuant to Section 13A-12-191, 13A-12-192, 13A-12-196, or 13A-12-197.
Crimes, cont. • (8) Kidnapping a minor, except by a parent, in the first or second degree, pursuant to Section 13A-6-43 or 13A-6-44. • (9) Incest, pursuant to Section 13A-13-3, when the offender is an adult and the victim is a minor. • (10) Transmitting obscene material to a child by computer, pursuant to Section 13A-6-111. • (11) Facilitating solicitation of unlawful sexual conduct with a child, pursuant to Section 13A-6-121. • (12) Electronic solicitation of a child or facilitating the online solicitation of a child, pursuant to Section 13A-6-122 or 13A-6-123. • (13) Traveling to meet a child for an unlawful sex act or facilitating the travel of a child for an unlawful sex act, pursuant to Section 13A-6-124 or 13A-6-125. • (14) Any solicitation, attempt, or conspiracy to commit any of the offenses listed in subdivisions (1) to (13), inclusive.
Additionally… • (15) Any crime committed in any state or a federal, military, or foreign jurisdiction which, if committed in this state under the law existing at the time of the offense, would constitute an offense listed in subdivisions (1) to (13), inclusive. • (16) Any criminal sex offense in which the victim is a child under the age of 12 or any offense involving child pornography. • (17) Any crime committed in any jurisdiction which, regardless of the specific description or statutory elements, may be characterized or known as rape, sodomy, sexual assault, sexual battery, sexual abuse, sexual torture, solicitation of a child, enticing or luring a child, child pornography, lewd and lascivious conduct, taking indecent liberties with a child, or molestation of a child. • (18) Any crime not listed in this subsection involving endangerment to the health, safety, or welfare of a child that may be created on or after the effective date of the act adding this subdivision (i.e., the “Newton law”)
Post-Fincher • The Act has been used to automatically revoke a number of certificates • Even when the criminal case is pled down to a misdemeanor, more District Attorneys are including surrender of the teaching certificate as part of the plea bargain • The same year that the Fincher Act was adopted, the Newton Act was also adopted
ACT 2010-497 • Criminalizes teachers having sex with students under the age of 19 • Previously it was only illegal to have sex with students under the age of consent (sixteen) • This required cases to be developed by the Department of Education using testimony of witnesses who may or may not be willing to testify against a teacher with whom they had a “consensual” sexual relationship.
Part I of the Newton law • School employee engaging in a sex act or deviant sexual intercourse (i.e., sodomy) with a student under the age of 19 years • The crime of a school employee engaging in a sex act or deviant sexual intercourse with a student is a Class B felony.
Part II of Newton Law • School employee having sexual contact with a student under the age of 19 years – includes touching of the sexual or other intimate parts of a student, done for the purpose of gratifying the sexual desire of either party; it includes soliciting or harassing a student to perform a sex act. • The crime of a school employee having sexual contact with a student is a Class A misdemeanor.
A TYPICAL “NEWTON” SCENARIO • Instructor is having RELATIONSHIP problems IN HIS OR HER PERSONAL LIFE • The student is A “LATCHKEY KID” • Opportunities are available for the student and instructor to be alone (e.g., out-of-town trips) • The student becomes the “teacher’s pet” because of the mutual need for affirmation
“Newton” Scenario, cont’d • The contact extends beyond the classroom • Texting occurs • Phone calls occur • Personal contact occurs • Sexual intercourse may or may not occur • The relationship is USUALLY discovered via the rumor mill at the school or when the parent checks the student’s cellphone (HOWEVER IN AT LEAST 2 CASES IT WAS DISCOVERED BY LAW ENFORCEMENT DURING A SEARCH OF THE STUDENT’S PHONE)
How to avoid these Scenarios • MAINTAIN Life balance • Keep work and home life separate • While it may be tempting to share your personal life troubles with students, don’t • Always remember that as an instructor, you are in a position of influence over the student, no matter how savvy they seem • Avoid being completely alone with a single student
How administrators can spot staff-to-student sexual abuse • Alert staff to potential for staff-to-student abuse and that “the popular teacher” may be a suspect as well as teachers who spend a lot of time alone with students • Train personnel on expectations for staff-to-student conduct and spell out what is unacceptable behavior • Require staff to report any criminal investigation or conviction after being hired Adapted from “Train Educators to identify, report staff-to-student sexual abuse,” by CharolShakeshaft, Maintaining Safe Schools
How administrators can spot staff-to-student sexual abuse • Try to always have one male and one female chaperone for off-campus excursions • Inform staff about suspect behaviors in adults; e.g., forming close personal ties with students and finding excuses to be alone with them, flirtatious behavior and making off-color remarks in class • Educate staff about signs of student sexual abuse - having trouble sitting or walking, wearing torn clothing, changes in weight, pregnancy, changes in personality, tardiness, increased time with one particular teacher, age-inappropriate sexual behavior
How administrators can spot staff-to-student sexual abuse • Make it easier for students to report abuse and follow up on reports • Help students to understand boundaries • Route all reports of sexual misconduct through a single review panel • Establish investigative oversight and ensure the investigations are completed as soon as possible • Report allegations to the police and dept. of human resources
How administrators can avoid these situations occurring • If you have not done so already, have in your acceptable use policy the consequences of educators having inappropriate communications with students • Make it clear in this policy that there is no expectation of privacy in the use of school-owned equipment • Get law enforcement involved early if there is suspected sexting • Document training and maintain awareness Adapted from “Safeguard staff-student social networking exchanges,” by Peter Fagen, Maintaining Safe Schools
Requirement to Report Misconduct “Each superintendent shall submit to the Alabama State Superintendent of Education within ten calendar days of the decision, the name and social security number of each employee holding an Alabama certificate or license who is terminated, or nonrenewed, resigns, or is placed on administrative leave for cause, and shall indicate the reason for such action. Superintendents shall provide personnel records and all investigative information immediately upon request by the Alabama State Superintendent of Education. Superintendents shall not be required to report teachers who are nonrenewed without cause. Failure to comply may result in disciplinary action against the employing superintendent.”
