Georgia Professional Standards Commission The Code of Ethics for Georgia Educators
Sanctions for Cases Closed by Year Year Deny Suspend Revoke Rep. Warn FY 2005 1717375149126 FY 2006 19177 71116 64 FY 2007 25180 8314030 FY 2008 15181 6414011 FY 2009 20250 8714611 FY 2010 1521973 759 FY 2011 6 265 61 79 3
20-2-984.1. Adoption of a Code of Ethics. (a) It shall be the duty of the commission to adopt standards of performance and a code of ethics for educators… which are generally accepted by educators of this state.
20-2-984.1. Adoption of a Code of Ethics. The standards of performance and code of ethics adopted by the commissionshall be limited toprofessional performance and professional ethics.
Definition of Educator 20-2-982.1.(2)"Educator"means education personnel who hold, have applied for, or been denied certificates, permits, or other certification documents issued by the Georgia Professional Standards Commission.
Legal Compliance Standard 1
Standard 1 An educator shall abide by federal, state, and local laws and statutes.
Legal Compliance Unethical conduct includes but is not limited to the commission or conviction of: • a felony or any crime involving moral turpitude. • any criminal offense involving a controlled substance or marijuana. • any sexual offense specified in Code Section 16. • any laws applicable to the profession.
Reporting the Convictionof a Criminal Offense
20-2-984.3.…the commission shall be authorized to investigate: (5) Complaints alleging that an educator has been convicted… in the courts of this state or any other state, territory, or country or in the courts of the United States.
20-2-984.3.(5) …the commission shall be authorized to investigate: Complaints alleging that an educator has been convicted: • of any felony, • of any crime involving moral turpitude,
20-2-984.3.(5) …the commission shall be authorized to investigate: Complaints alleging that an educator has been convicted: • of any other criminal offense involving the manufacture, distribution, trafficking, sale, or possession of a controlled substance or marijuana, or
20-2-984.3.(5) …the commission shall be authorized to investigate: Complaints alleging that an educator has been convicted: • any sexual offense as provided for in Code Sections 16-6-1 through 16-6-17 or Code Section 16-6-20, 16-6-22.2, or 16-12-100…
Reporting the COMMISSION of a Criminal Offense
20-2-984.2. Requests by Local Boards for Investigation of Criminal Offenses (a) Superintendents, associate or assistant superintendents, or directors of personnel shall make an immediate written report to the local board of education upon receiving a written report … that any school system educator employed by the local unit of administration has committed any of the following specifically identified crimes:
20-2-984.2. Requests by Local Boards for Investigation of Criminal Offenses • Murder, voluntary manslaughter, aggravated assault, aggravated battery, or kidnapping, • Any sexual offense, • Any sexual exploitation of a minor • Any offense involving marijuana or a controlled substance • Any offense involving theft • Unlawfully operating a motor vehicle after being declared a habitual violator
20-2-984.2. Requests by Local Boards for Investigation of Criminal Offenses (b) If the local board of education determines thatthe matters … warrant investigation, thenthe local board of education shall … transmit such report to the commission with a request for investigation.
The educator pled guilty to two counts of Theft by Taking for stealing gasoline from the school system valued at $1,032.75. One Year Suspension
The educator was convicted of criminal offenses pertaining to the forging and passing of prescriptions for drugs. Revoked
The educator surrendered his certificate after being charged with distributing child pornography. Revoked
Standard 2 An educator shall always maintain a professional relationship with all students, both in and outside the classroom.
OR, a student enrolled in grades Pre-K to 12 in a public or private school.
For the purposes of the Code of Ethics, the enrollment period for a graduating student ends on August 31 of the year of graduation.
Unethical Conduct with Students Includes: • committing any act of child abuse, including physical and verbal abuse; • committing any act of cruelty to children or any act of child endangerment;
Unethical Conduct with Students Includes: • committing any sexual act with a student or soliciting such from a student;
Unethical Conduct with Students Includes: 4. engaging in or permitting harassment of a student on the basis of race, gender, sex, national origin, religion or disability;
Unethical Conduct with Students Includes: • soliciting, encouraging, or consummating an inappropriate written, verbal, electronic, or physical relationship with a student;
Unethical Conduct with Students Includes: 6. furnishing tobacco, alcohol, or drugs to any student, or
Unethical Conduct with Students Includes: • failing to prevent the use of alcohol or illegal/unauthorized drugs by students who are under the educator’s supervision (including but not limited to at the educator’s residence or any other private setting).
The educator failed to properly supervise her 3rd grade class during the showing of a movie, resulting in a female student being molested by male students. One Year Suspension
The Superintendent failed to report that her daughter, a school counselor, was involved in an inappropriate relationship with a student. Revoked
The Principal was advised that a student had a cell phone video of a female student performing a sex act on a male student . She waited 3 days to confiscate the cell phone. Revoked
The Principal exchanged over 1,100 text messages with two female students in a 2-month time period that contained discussions of alcohol, drugs, and sex. Two Year Suspension
The educator’s failure to properly supervise students resulted in the sexual assault of a kindergarten student by a third grade student. One Year Suspension
The educator provided alcoholic beverages that were consumed by students at a party at her residence. One Year Suspension
Standard 3 Alcohol or Drugs
Standard 3 An educator shall refrain from the use of alcohol or illegal or unauthorized drugs during the course of professional practice.
Drugs Unethical conduct includes but is not limited to: • being on school premises or at a school-related activity while under the influence of, possessing, using, or consuming illegal or unauthorized drugs;
Illegal and Unauthorized Drugsare Always Illegal and Unauthorized.
The educator was arrested for trafficking marijuana. Fifty pounds of marijuana was found in the educator's home. The home "reeked" of the smell of smoked and fresh marijuana. Three children were in the home at the time of the arrest. Revoked
Alcohol Unethical conduct includes but is not limited to: • being on school premises or at a school-related activityinvolving students while under the influence of, possessing, or consuming alcoholic beverages.
20-2-984.1. The … code of ethics …shall be limited toprofessional performance and professional ethics.
NPC The educator admits consuming two glasses of wine prior to attending a middle school talent show. She exhibited glassy red eyes, slightly slurred speech, giddy behavior and the odor of an alcoholic beverage on her person. The principal asked another teacher to take her home. No Breath or Blood Alcohol Test Results!
Georgia's Legal Definitions for "Under the Influence" An alcohol concentration of 0.08 gramsor more at any time within three hours. Driving - O.C.G.A. § 40-6-391 and Discharging Firearm - O.C.G.A. § 16-11-134 An alcohol concentration of 0.10 gramsor more at any time within three hours. Operation of Watercraft - O.C.G.A. § 52-7-12 and Hunting - O.C.G.A. § 27-3-7 0.04 percent or more by weight of alcohol in a person's blood, breath, or urine. Driving a Commercial Vehicle - O.C.G.A. § 40-6-391