Code of Ethics for Georgia Educators May 2005

Code of Ethics for Georgia Educators May 2005 Georgia Professional Standards Commission 1

The standards of performance and code of ethics shall represent standards of performance and conduct which are generally accepted by educators of this state. 20 -2 -984. 1. May 2005 Georgia Professional Standards Commission 2

20 -2 -984. 3 (a) Upon receipt of a written request from a local board, the state board, or one or more individual residents of this state, the commission shall be authorized to investigate: (1) Alleged violations by an educator of any law of this state pertaining to educators or the profession of education; (2) Alleged violations by an educator of the code of ethics of the commission; (3) Alleged violations by an educator of rules, regulations, or policies of the state board or the commission; (4) Complaints alleging a failure by an educator to meet or comply with standards of performance of the commission or the state board; or (5) Complaints alleging that an educator has been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States. May 2005 Georgia Professional Standards Commission 3

Code of Ethics n n Definitions of terms Ten Standards Reporting Requirements Other disciplinary actions by the PSC May 2005 Georgia Professional Standards Commission 4

Definition of an Educator n May 2005 An educator is a teacher, administrator, or other personnel who holds, or has applied for, a PSC certificate, license or permit. Georgia Professional Standards Commission 5

Definition of a Student n A student is any individual enrolled in the state’s public or private schools from preschool through grade 12 or any individual between and including the ages of 3 and 17 May 2005 Georgia Professional Standards Commission 6

Code of Ethics for Educators Effective Date September 15, 2004 , 2002 May 2005 Georgia Professional Standards Commission 7

Standard One Criminal Acts An educator should abide by federal, state and local laws and statutes. May 2005 Georgia Professional Standards Commission 8

Unethical conduct includes but is not limited to the commission or conviction of a felony or of any crime involving moral turpitude. May 2005 Georgia Professional Standards Commission 9

Moral Turpitude It has been stated that the term “moral turpitude” is so clear that there is no duty on the trial judge to define it in the absence of a request. The term has been defined in Georgia as follows: “Turpitude in its ordinary sense involves the idea of inherent baseness or vileness, shameful wickedness, depravity…. In its legal sense it includes everything contrary to justice, honesty, modesty or good morals…. The word ‘moral, ’ which so often precedes the word turpitude, does not seem to add anything to the meaning of the term, other than that emphasis which often results from a tautological expression. All crimes embraced within the Roman’s conception of the crimen falsi involve turpitude; but it is not safe to declare that such crimes are the only ones involving turpitude. ” In Ramsey v. State, the court said that a crime involving moral turpitude is one which is malum in se rather than malum prohibitum. In Georgia, the test for whether a felony is one involving moral turpitude is “does the [crime], disregarding its felony punishment, meet the test as being contrary to justice, honesty, modesty, good morals or man’s duty to man? ” May 2005 Georgia Professional Standards Commission 10

Crimes Involving Moral Turpitude · Fraud or false pretenses in obtaining something of value · Pattern of failure to file federal tax returns · Larceny or a misdemeanor theft by taking · Sale of narcotics or other illegal drugs · Making a false report of a crime · Larceny after trust · Murder · Soliciting for prostitutes · Voluntary manslaughter · Criminal Issuance of a bad check May 2005 Georgia Professional Standards Commission 11

Crimes NOT Involving Moral Turpitude · · · May 2005 Possession of less than one ounce of marijuana Public drunkenness Simple Assault Simple Battery Fighting Child Abandonment Driving under the influence Carrying a concealed weapon Misdemeanor criminal trespass Unlawful sale of liquor Misdemeanor offense of escape Misdemeanor offense of obstructing a law enforcement officer Georgia Professional Standards Commission 12

As used herein, conviction includes: • a finding or verdict of guilty, or • a plea of nolo contendere, regardless of whether an appeal of the conviction has been sought; • a situation where first offender treatment without adjudication of guilt pursuant to the charge was granted; and • a situation where an adjudication of guilt or sentence was otherwise withheld or not entered on the charge or the charge was otherwise disposed of in a similar manner in any jurisdiction. May 2005 Georgia Professional Standards Commission 13

New Application Questions 1. Have you ever been dismissed, non-renewed, terminated or resigned while under investigation for allegations of or commission of a felony, a misdemeanor involving moral turpitude or a violation of any profession’s code of ethics? 2. Do you have any charges pending against you for committing a felony, a misdemeanor involving moral turpitude or a violation of any profession’s code of ethics? 3. Have you ever had any adverse action (i. e. warning, reprimand, suspension, revocation, voluntary surrender, etc. ) taken against any professional certificate or license by any agency (in any state) other than the Georgia Professional Standards Commission? 4. For any felony or for any misdemeanor offense involving moral turpitude, have you ever: w. Pled guilty w. Been granted first offender treatment without adjudication of guilt w. Been found guilty w. Entered a plea of nolo contendere, w. Participated in a pre-trial diversion program or w. Been placed under a court order whereby an adjudication or sentence was withheld. May 2005 Georgia Professional Standards Commission 14

Failure to Report a Criminal History Answering “no” when the proper answer is “yes” constitutes misrepresentation and falsification. The PSC usually sanctions persons who are not honest on applications. May 2005 Georgia Professional Standards Commission 15

Criminal Acts in former cases include: §Murder & Attempted murder §Possession of crack cocaine §Tampering with public records §Possession of child pornography §Sexual Assault §Sexual Exploitation of Children §Statutory rape §Arson 1 st Degree §Attempted burglary §Terroristic threats §Theft Peeping Tom §Shoplifting §Indecent Exposure §Manufacturing Marijuana §Contributing to the Delinquency of Minor §Enticing a Child for Indecent Purposes §Conspiracy to Manufacture Methamphetamine §Grand theft and credit card fraud §Stalking May 2005 Georgia Professional Standards Commission 16

Standard Two Abuse of Students An educator should always maintain a professional relationship with all students, both in and outside the classroom. May 2005 Georgia Professional Standards Commission 17

Unethical conduct includes but is not limited to: 1. Child Abuse, including physical and verbal abuse; 2. Cruelty to Children or Child Endangerment; 3. Committing or Soliciting any unlawful Sexual Act involving Students; 4. Harassing behavior on the basis of race, gender, sex, national origin, religion or disability; 5. Inappropriate Relationship with a Student (written, verbal, or physical ); and 6. Furnishing tobacco, alcohol, or illegal/unauthorized drugs to any student or allowing a student to consume alcohol, or illegal/unauthorized drugs. May 2005 Georgia Professional Standards Commission 18

Abuse of Students Cases § § § § May 2005 Touched student with electric shock mechanism Slapped a student Struck a student in the head with a metal music stand Taped a student’s mouth and tied his arms to his wheelchair Kissed or “licked” students Sexual relationship with student Child molestation Sent sexually suggestive e-mail to student Videotaping girls’ locker room Sodomy with students Held child’s hand over burner of stove Exposed himself to student Oral sex with a student Offered students money to pose for nude photographs Georgia Professional Standards Commission 19

Standard Three Alcohol or Drugs An educator should refrain from the use of alcohol or illegal or unauthorized drugs during the course of professional practice. May 2005 Georgia Professional Standards Commission 20

Unethical conduct includes: 1. being on school premises or at a school-related activity involving students while under the influence of, possessing, using, or consuming illegal or unauthorized drugs; and 2. being on school premises or at a school-related activity involving students while documented as being under the influence of, possessing, or consuming alcoholic beverages. May 2005 Georgia Professional Standards Commission 21

What is a school-related activity? n Any activity sponsored by the school or school system (booster clubs, parent-teacher groups, or any activity designed to enhance curriculum, i. e. , Foreign Language trips May 2005 Georgia Professional Standards Commission 22

Alcohol and Drugs Cases Had a blood alcohol level of 3. 14 at school Consumed alcohol on field trips with students Consumed alcohol after hours at school Consumed alcohol at school function Consumed alcohol while chaperoning a school trip Allowed students to drink alcohol at her home Possession of cocaine Possession of marijuana Prescription drug addiction Prescription forgery Tested positive for cocaine May 2005 Georgia Professional Standards Commission 23

Standard Four Misrepresentation or Falsification An educator should exemplify honesty and integrity in the course of professional practice. May 2005 Georgia Professional Standards Commission 24

Unethical conduct includes but is not limited to falsifying, misrepresenting, omitting or erroneously reporting : 1. professional qualifications, criminal history, college or staff development credit and/or degrees, academic award, and employment history; 2. information submitted to federal, state, and other governmental agencies; 3. information regarding the evaluation of students and/or personnel; 4. reasons for absences or leaves; and 5. information submitted in the course of an official inquiry/investigation. May 2005 Georgia Professional Standards Commission 25

Manipulating Grades 160 -4 -2 -. 11 PROMOTION, PLACEMENT, AND RETENTION (2) REQUIREMENTS FOR GRADES 1 -8. (a) By July 1, 2003, each local board of education shall develop, adopt, and implement policy, in accordance with O. C. G. A. § 20 -2 -282 through 20 -2 -285, that bases the placement or promotion of a student into a grade, class, or program on an assessment of the academic achievement of the student and a determination of the education setting in which the student is most likely to receive instruction and other services needed in order to succeed and progress to the next higher level of academic achievement. (4) REQUIREMENTS FOR GRADES 9 – 12. (a) Local boards of education shall develop and adopt policies and procedures for the promotion and retention of students in grades 9 through 12. Authority O. C. G. A. § 20 -2 -240; 20 -2 -282; 20 -2 -283; 20 -2 -284; 20 -2 -285. Adopted: December 13, 2001 Effective: January 3, 2002 May 2005 Georgia Professional Standards Commission 26

Misrepresentation or Falsification Cases § § § Forged a parent’s signature on an SST record Used sick leave to assist coaches with football games Falsified time records; Used school for music lessons Signed or initialed other teachers’ signatures on IEP forms Awarded credit for classes to students who were working in offices in school Sold jewelry as a school fundraiser and kept the money Changed grades of students to make them eligible to participate in an athletic event Provided students answers (cheat sheets) for standardized tests. Conducted a consulting business during school hours Altered transcript and out-of-state certificate Altered a score from failing to passing on a Praxis II test report Used professional leave for sexual relationship with parent of student May 2005 Georgia Professional Standards Commission 27

Standard Five Public Funds and Property An educator entrusted with public funds and property should honor that trust with honesty, accuracy and responsibility. May 2005 Georgia Professional Standards Commission 28

Unethical conduct includes: 1. misusing public or school-related funds; 2. failing to account for funds collected from students or parents; 3. submitting fraudulent requests for reimbursement of expenses or for pay; 4. co-mingling public or school-related funds with personal funds or checking accounts; and 5. using school property without the approval of the local board of education/governing board. May 2005 Georgia Professional Standards Commission 29

Public Funds and Property Cases: § § § Accessed pornography on school computer Embezzled school funds Theft of musical instruments Allowed educators who contributed to a charity to leave school early on a work day Diverted PTA funds to remodel office Submitted a false travel voucher Conducted unauthorized fundraisers and diverted cash and items donated to herself Stole $9000 from cheerleading and chorus accounts Opened credit account in school’s name and used it for personal purchases Used school facilities and equipment for private music lessons Used school facilities for sexual activity May 2005 Georgia Professional Standards Commission 30

Standard Six Improper Remuneration An educator should maintain integrity with students, colleagues, parents, patrons, or businesses when accepting gifts, gratuities, favors, and additional compensation. May 2005 Georgia Professional Standards Commission 31

Unethical conduct includes: 1. soliciting students or parents of students to purchase equipment, supplies, or services from the educator or to participate in activities that financially benefit the educator unless approved by the local board of education/governing board; 2. accepting gifts from vendors or potential vendors for personal use or gain where there may be the appearance of a conflict of interest; 3. tutoring students assigned to the educator for remuneration unless approved by the local board of education/governing board or superintendent; and 4. coaching, instructing, promoting athletic camps, summer leagues, etc. that involves students in an educator’s school system and from whom the educator receives remuneration unless approved by the local board of education, governing board or the superintendent. These types of activities must be in compliance with all rules and regulations of the Georgia High School Association. May 2005 Georgia Professional Standards Commission 32

Improper Remunerative Conduct Cases • Solicited parents to pay for private music lessons • Accepted Beanie Babies in exchange for extra credit points • Provided personal information from school files about student and family to husband in an attempt to collect debt • Promoted a personal business to students, teachers and parents May 2005 Georgia Professional Standards Commission 33

Standard Seven Confidential Information An educator should comply with state and federal laws and local school board/governing board policies relating to the confidentiality of student and personnel records, standardized test material and other information covered by confidentiality agreements. May 2005 Georgia Professional Standards Commission 34

Unethical conduct includes but is not limited to: 1. sharing of confidential information concerning student academic and disciplinary records, personal confidences, health and medical information, family status and/or income, and assessment/testing results. unless disclosure is required or permitted by law; 2. sharing of confidential information restricted by state or federal law; 3. violation of confidentiality agreements related to standardized testing including copying or teaching identified test items, publishing or distributing test items or answers, discussing test items, violating local school system or state directions for the use of tests or test items, etc. ; 4. violation of other confidentiality agreements required by state or local policy. May 2005 Georgia Professional Standards Commission 35

Confidential Information Cases • Talking about student information at a party • Posting questions from a standardized test on the web • ITBS - Created study guide using previous test materials • ITBS - Distributed list of vocabulary words from the test May 2005 Georgia Professional Standards Commission 36

Standard Eight Abandonment of Contract An educator should fulfill all of the terms and obligations detailed in the contract with the local board of education or education agency for the duration of the contract. May 2005 Georgia Professional Standards Commission 37

Unethical conduct includes: 1. abandoning the contract for professional services without prior release from the contract by the employer, and 2. willfully refusing to perform the services required by a contract. May 2005 Georgia Professional Standards Commission 38

Abandonment of Contract • • • May 2005 Had a “bad day” in her class Refused to come to work “Irreconcilable Differences” Took a job in industry with better pay Failed to provide lesson plans, IEPs, curriculum, instruction, and supervision Could not report to employer because he was in jail Principal informed him that he had to teach the curriculum Taped keys and resignation to office door after lunch and left Signed out with sentence, “I resign. ” Georgia Professional Standards Commission 39

Standard Nine Failure to Make a Required Report An educator should file reports of a breach of one or more of the standards in the Code of Ethics for Educators, child abuse (O. C. G. A. § 19 -7 -5), or any other required report. May 2005 Georgia Professional Standards Commission 40

Unethical conduct includes but is not limited to: 1. failure to report all requested information on documents required by the Commission when applying for or renewing any certificate with the Commission. 2. failure to make a required report of a violation of one or more standards of the Code of Ethics for educators of which they have personal knowledge as soon as possible but no later than ninety (90) days from the date the educator became aware of an alleged breach unless the law or local procedures require reporting sooner. 3. failure to make a required report of any violation of state or federal law soon as possible but no later than ninety (90) days from the date the educator became aware of an alleged breach unless the law or local procedures require reporting sooner. These reports include but are not limited to: murder, voluntary manslaughter, aggravated assault, aggravated battery, kidnapping, any sexual offense, any sexual exploitation of a minor, any offense involving a controlled substance and any abuse of a child if an educator has reasonable cause to believe that a child has been abused. May 2005 Georgia Professional Standards Commission 41

O. C. G. A. § 19 -7 -5 An oral report shall be made as soon as possible by telephone or otherwise and followed by a report in writing, if requested, to a child welfare agency providing protective services, as designated by the Department of Human Resources of any reports of ‘Child abuse’ including: § Physical injury or death inflicted upon a child by a parent or caretaker (by other than accidental means) § Neglect or exploitation of a child by a parent or caretaker § Sexual abuse - sexual intercourse; masturbation; lewd exhibition; …physical contact in an act of apparent sexual stimulation or gratification. . . “Sexual abuse” shall not include consensual sex acts involving persons of the opposite sex when the sex acts are between minors…” • Sexual exploitation - conduct by a child’s parent or caretaker who allows, permits, encourages, or requires that child to engage in: prostitution; or sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct. May 2005 Georgia Professional Standards Commission 42

O. C. G. A. § 20 -2 -984. 2 (a) Superintendents shall make an immediate written report to the local board of education upon receiving a written report that any educator employed by the local unit of administration has committed any of the following specifically identified crimes: 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 (b) If the administrator and the local board of education have a good faith, reasonable basis to believe that the incident occurred or evidence exists, the local board of education shall, within a reasonable period of time but not later than 30 days from receipt of the report, transmit such report to the commission with a request for investigation. May 2005 Georgia Professional Standards Commission 43

O. C. G. A. § 20 -2 -210 All personnel employed by local units of administration, including school superintendents, shall have their performance evaluated annually by appropriately trained evaluators. All such performance evaluation records shall be part of the personnel evaluation file and shall be confidential. The evaluator shall be required to complete such annual evaluation for each certificated person prior to April 1 of each year. The superintendent of each local school system shall be responsible for ensuring compliance with this Code section. May 2005 Georgia Professional Standards Commission 44

Code of Ethics Educators are required to report a breach of one or more of the Standards in the Code of Ethics for Educators as soon as possible but no later than ninety (90) days from the date the educator became aware of an alleged breach unless the law or local procedures require reporting sooner. Educators should be aware of local policies and procedures and/or the chain of command for reporting unethical conduct. Complaints filed with the Professional Standards Commission must be in writing and must be signed by the complainant (parent, educator, personnel director, superintendent, etc. ). May 2005 Georgia Professional Standards Commission 45

Testing Violations Misrepresentation & Falsification • Cheating • Coaching • Changing Answers Confidential Information • Copying Test Items • Discussing Test Items • Publishing Test Items Professional Conduct May 2005 Georgia Professional Standards Commission 46

Failure to Make a Required Report Cases • • • May 2005 Alleged rape of student Another educator having sex with student Suspected child abuse involving a student Video Camera In Girls’ Locker Room Weapon (Utility Knife) On Campus Georgia Professional Standards Commission 47

Standard Ten Professional Conduct An educator should demonstrate conduct that follows generally recognized professional standards. Unethical conduct is any conduct that impairs the certificate holder’s ability to function professionally in his or her employment position, or a pattern of behavior or conduct that is detrimental to the health, welfare, discipline, or morals of students. May 2005 Georgia Professional Standards Commission 48

Professional Conduct Cases • • • • Engaged in a physical altercation with a student Sexual harassed a colleague Organized a betting pool with students Called a student a “heifer” and said her mother was “stupid” Gave extra credit to students who contributed to a fundraiser Made inappropriate comments and sexual overtures to coworkers Encouraged students to disrobe at hotel pool Restrained a teacher and tried to kiss her against her will Left class without permission via a window on several occasions Used school personnel to perform personal tasks Sexual interaction with colleague on school grounds Had two loaded guns in desk drawer Failed to supervise students (having oral sex in back of classroom) Allowed students to come to her residence and have sex with her 3 male roommates • Engaged in a sexual relationship with a subordinate May 2005 Georgia Professional Standards Commission 49

Other Disciplinary Actions n Disciplinary action against a certificate in another state Non-payment of child support; n Default on a student loan n n Suspension or Revocation of any professional license or certificate Violation of any other laws and rules applicable to the profession, and Any other good and sufficient cause that renders an educator unfit for employment as an educator. May 2005 Georgia Professional Standards Commission 50

Disciplinary Action The Professional Standards Commission is authorized to suspend, revoke, or deny certificates, to issue a reprimand or warning, or to monitor the educator’s conduct and performance after an investigation is held and notice and opportunity for a hearing are provided to the certificate holder. May 2005 Georgia Professional Standards Commission 51

An individual whose certificate has been revoked, denied, or suspended may not serve as a volunteer or be employed as an educator, paraprofessional, aide, or substitute teacher or in any other position during the period of his or her revocation, suspension or denial for a violation of The Code of Ethics. May 2005 Georgia Professional Standards Commission 52

Contact Information n n May 2005 ethics@gapsc. com Phone 404 -232 -2700 FAX 404 -232 -2710 or 2720 Two Peachtree, Suite 6000 Atlanta, GA 30303 -3141 Georgia Professional Standards Commission 53