Professional Ethics and the Code of Professional Conduct

Professional Ethics and the Code of Professional Conduct: The Good, the Bad, & the Ugly Phil Koester, NCSP WSASP Ethics Chair,

Professional experience

Culture and Ethics n Culture and Ethics often go hand in hand n Cultures change – look at our schools n Swats were common in school –not now n Not intervening in student fights was common, not now. n Dunce caps, ridicule and verbal put downs were common, not now n Smoking or drinking in school, not now

Culture and Ethics

Culture and Ethics – East Vs. West n Value: Judeo-Christian vs. Buddhist/Confucian n Political Tradition: Democratic Vs. Authoritarian n n n Totalitarian Bender Bias: Male dominated/deference to females vs. male dominated/deference to males Orientation: Individualistic vs. group oriented Value Priorities: Honesty vs relationships -Filial Piety Political History: Dominance vs. subservience Space Orientation: Space rich vs. space poor Social Service: Social security vs. family Geopolitical Stance: International vs. Isolationism

Culture and Ethics n Work outside the USA and understand ethics and culture. For example: n Middle East: n Role of Women, n Marriage n Food/drink that is illegal n Shaking hands (right or left) n Talking to another man’s wife.

Third Culture Kids

Professional ethics e. g. NASP and WSASP ethics, typically describes an “outstanding” or “competent” professional (the good). n Demonstrates a commitment to addressing the unique needs of others e. g. students, parents colleagues. n Possesses personal characteristics that earn respect from others e. g. performs high quality work, communicates clearly and respectfully etc. n Has a clear understanding of their role/s within an organization. n Embraces and supports the policies, values and culture of the institution.

The Good: Revision of NASP Ethics Code n Currently, school psychologist’s conduct judged by: n Federal & state law n Includes OSPI/state Department of Education codes of conduct, OCR District policies n NASP ethics codes n APA ethics code n

The Good: Revision of NASP Ethics n Last revision - March 2010 Revisions represent fundamental changes in structure of the philosophy & organization

Major Revision to NASP Code • Current structure organized around relationships: a. To specific populations b. To specific settings • Revision based in Universal Values – Based on A Canadian Code of Ethics (Canadian Psychological Assn. , 1986)

A Canadian Code of Ethics: Four Higher Order Principles n Respect for the Dignity of Others n Responsible Caring n Integrity in Professional Relationships n Responsibility to Community & Society

Principle I: Respecting the dignity and rights of all persons n Principle I. 1. Autonomy and Self-Determination (Consent and Assent)Right to Choose: v Self-determination and self-responsibility n Principle I. 2. Privacy and Confidentiality: v Respecting privacy & right of consent n Principle I. 3. Fairness and Justice: v Understanding and respecting differences v Non-discrimination v Addressing impact of biases

Principle II: Competence and Responsible Caring (Beneficence) n Principle II. 1. Competence n Principle II. 2. Accepting Responsibility for Actions n Principle II. 3. Responsible Assessment and Intervention Practices

Principle II: Competence and Responsible Caring (Beneficence) n Principle II. 4. Responsible School-Based Record Keeping n Principle II. 5. Responsible Use of Materials n At least, do no harm

Principle III: HONESTY AND INTEGRITY IN PROFESSIONAL RELATIONSHIPS. n Principle III. 1. Accurate Presentation of Professional Qualifications Fiduciary relationship (based in trust) n Principle III. 2. Forthright Explanation of Professional Services, Roles, and Priorities n Principle III. 3. Respecting Other Professionals n Principle III. 4. Multiple Relationships and Conflicts of Interest.

Principle IV: RESPONSIBILITY TO SCHOOLS, FAMILIES, COMMUNITIES, THE PROFESSION, AND SOCIETY n IV. 1. Promoting Healthy School, Family, and n n Community Environments IV. 2. Respect for Law and the Relationship of Law and Ethics IV. 3. Maintaining Public Trust by Self-Monitoring and Peer Monitoring IV. 4. Contributing to the Profession by Mentoring, Teaching, and Supervision IV. 5. Contributing to the School Psychology Knowledge Base

Difference in Application: An Example n Mrs. French, an 8 th grade English teacher, stops by to see you, the school psychologist. Mrs. French is upset about a love note she intercepted between two students in one of her classes. The note was written by a 14 -year-old boy named Derek to another boy in the class. Derek knows that Mrs. French has read and kept the note, but she has not spoken with him about the matter. Mrs. French wants you to confront Derek with the note and talk with his parents so that he will “get help to cure him of this sick stuff before it’s too late. ” How do you handle the situation? n (From Arimistead, L. et. al. , personal communication, 2008)

CODE OF PROFESSIONAL CONDUCT – The BAD n The “Code of Professional Conduct” is the opposite of professional ethics – it focuses on unethical behavior, or acts of unprofessional conduct. n The “Code of Professional Conduct” is authorized by the legislature, clarified by WAC and administered by OSPI’s Office of Professional Practice (OPP).

History of the Code of Conduct -the ugly n In the 1980’s the state legislature funded a study that involved the random sampling of teachers and found that some had prior legal convictions with children, e. g. sex offenders etc.

History of the Code of Conduct n The system had no way of preventing felons from becoming teachers, etc. The public and eventually the legislature wanted to know the extent of the problem.

History of the Code of Conduct n The Legislature required finger printing, first with small samples. They found more felons than they had anticipated, and expanded the sampling – with the same result. n Under public pressure the state legislature eventually expanded the program to cover all new hires.

History of the Code of Conduct n The other historical problem: The settlement agreement and the gag order.

History of the Code of Conduct n Historically common practice: A teacher does something unethical. The district investigates and the evidence does not meet the standard for criminal court, “beyond a reasonable doubt. ” Police and prosecutor would drop the case. n Typically, The district would then try to fire a teacher.

History of the Code of Conduct n The teacher obtains legal counsel (required and provided by the union contract). n Typically, both sides would enter into a settlement agreement involving a gag order. n A teacher moved on and the district was prohibited from sharing concerns. The acts of unprofessional conduct often continued.

History of the Code of Conduct n Settlement agreements and gag orders happened at an alarming rate, which prompted the Legislature to pass into law a Code of Professional Conduct for certificated educational employees (1990). n The Code of Conduct WAC 181 -86 & 87.

The Code of Conduct n Chapter 181 -86 WAC Professional certification — policies and procedures for administration of certification proceedings. n http: //apps. leg. wa. gov/WAC/default. aspx? cite =181 -86&full=true

The Code of Conduct n Chapter 181 -87 WAC Professional certification — acts of unprofessional conduct n http: //apps. leg. wa. gov/WAC/default. aspx? cite =181 -87&full=true

The Code – examples of the obvious. n (1) No conviction of any felony crime involving: (a) The physical neglect of a child under chapter 9 A. 42 RCW; (b) The physical injury or death of a child under chapter 9 A. 32 or 9 A. 36 RCW, excepting motor vehicle violations under chapter 46. 61 RCW; (c) The sexual exploitation of a child under chapter 9. 68 A RCW; (d) Sexual offenses where a child is the victim under chapter 9 A. 44 RCW; (e) The promotion of prostitution of a child under chapter 9 A. 88 RCW; (f) The sale or purchase of a child under RCW 9 A. 64. 030; (g) Provided, That the general classes of felony crimes referenced within this subsection shall include equivalent federal and crimes in other states committed against a child; (h) Provided further, That for the purpose of this subsection "child" means a minor as defined by the applicable state or federal law; (i) Provided further, That for the purpose of this subsection "conviction" shall include a guilty plea.

The Code – examples of the obvious. n Sexual misconduct with students. Unprofessional conduct includes the commission by an education practitioner of any sexually exploitive act with or to a student including, but not limited to, the following: (1) Any sexual advance, verbal or physical; (2) Sexual intercourse as defined in RCW 9 A. 44. 010; (3) Indecent exposure as defined in RCW 9 A. 88. 010; (4) Sexual contact, i. e. , the intentional touching of the sexual or other intimate parts of a student except to the extent necessary and appropriate to attend to the hygienic or health needs of the student; (5) Provided, That the provisions of this section shall not apply if at the time of the sexual conduct the participants are married to each other.

Frequently asked questions (FAQ) Q 1) Doesn’t the educational code of conduct apply only to teachers? A 1) 181 -87 -035 Education practitioner — Definition. As used in this chapter, the term "education practitioner" means any certificate holder licensed under rules of the professional educator standards board to serve as a certificated employee.

Frequently asked questions (FAQ) Q 2) You take a trip in the summer with an ex-student (recently graduated). Relative to the Code of Conduct, is this post-HS graduate still considered a student? Do you need more information? What?

Frequently asked questions (FAQ) A 2) WAC 181 -87 -040 Student — Definition. As used in this chapter, the term "student" means the following: n (1) Any student who is under the supervision, direction, or control of the education practitioner. (2) Any student enrolled in any school or school district served by the education practitioner. (3) Any student enrolled in any school or school district while attending a school related activity at which the education practitioner is performing professional duties. (4) Any former student who is under eighteen years of age and who has been under the supervision, direction, or control of the education practitioner. Former student, for the purpose of this section, includes but is not limited to drop outs, graduates, and students who transfer to other districts or schools.

Frequently asked questions (FAQ) Q 3) If the state attorney generals office and the OPP recommends a suspension or revocation of a professional certificate what standard of proof is required? What does this mean? 86 -170

Frequently asked questions (FAQ) A 3) 181 -86 -070 Grounds for issuance of suspension or revocation order. The clear and convincing proof standard

Frequently asked questions (FAQ) Q 4) If the state attorney general’s office and the OSPI office of professional practice (OPP) recommends an official “reprimand”, what standard of proof is required? What does this mean?

Frequently asked questions (FAQ) n A 4) 181 -86 -065 Grounds for issuance of a reprimand order. The superintendent of public instruction may issue a reprimand order whenever the superintendent of public instruction determines one or more of the following: (1) That the certificate holder has admitted the commission of an act of unprofessional conduct or lack of good moral character or personal fitness and has…agreed not to continue or repeat the conduct described in the findings of fact. (2) That the certificate holder has committed an act of unprofessional conduct but the evidence is probably insufficient to meet the clear and convincing proof standard for suspension or revocation. (3) That the certificate holder has committed an act of unprofessional conduct but the violation and the consequence were not serious and the interest of the state in protecting the health, safety, and general welfare of students, colleagues, and other affected persons is adequately served by a reprimand.

Frequently asked questions (FAQ) Q – 5) Can the state attorney general’s office and the OPP recommend a revocation for some behavior that occurred years before a professional obtained an educational certification from OSPI? If so under what part/s of the code?

Frequently asked questions (FAQ) A 5) 181 -86 -013 (2 & 3) Good moral character and personal fitness — Definition. (2) No conviction of any crime within the last ten years, including motor vehicle violations, which would materially and substantially impair the individual's worthiness and ability to serve as a professional within the public and private schools of the state. (3) No behavioral problem which endangers the educational welfare or personal safety of students, teachers, or other colleagues within the educational setting.

Frequently asked questions (FAQ) Q 6) Can the State Attorney General’s Office and the OPP recommend a revocation for behavior/s that occur outside of the school day and off school grounds? Must there be a nexus?

Frequently asked questions (FAQ) A 6) 181 -87 -020 Applicability of chapter to private conduct. As a general rule, the provisions of this chapter shall not be applicable to the private conduct of an education practitioner except where the education practitioner's role as a private person is not clearly distinguishable from the role as an education practitioner and the fulfillment of professional obligations.

Frequently asked questions (FAQ) A 6) 181 -86 -013 Good moral character and personal fitness — Definition. (3) No behavioral problem which endangers the educational welfare or personal safety of students, teachers, or other colleagues within the educational setting.

Frequently asked questions (FAQ) Q: 7 a) According to the Code, who are the “mandatory reporters”? A: Superintendent of a School District or ESD

Frequently asked questions (FAQ) A 7 a) 181 -86 -105 Duty of educational service district superintendent to investigate complaints. Each educational service district superintendent shall cause to be investigated all written and signed complaints, from whatever source, that allege that a certificated education professional within his or her educational service district is not of good moral character or personal fitness or has committed an act of unprofessional conduct.

Frequently asked questions (FAQ) A 7 a) 181 -86 -110 Duty of ESD superintendent, district superintendent and private school administrator to file complaints. When an educational service district superintendent, a district superintendent, or the chief administrative officer of an approved private school possesses sufficient reliable information to believe that a certificated employee within such district or approved private school is not of good moral character or personally fit or has committed an act of unprofessional conduct, such superintendent or chief administrative officer, within a reasonable period of time of making such determination, shall file a written complaint with the superintendent of public instruction

Frequently asked questions (FAQ) A - 7 b) 181 -87 -095 Failure to file a complaint. n If they fail to investigate/report what could happen as a result? n The intentional or knowing failure of an educational service district superintendent, a district superintendent, or a chief administrator of a private school to file a complaint pursuant to WAC 181 -86110 … is an act of unprofessional conduct.

Frequently asked questions (FAQ) Q - 8) What section of the Code of Conduct might likely required further analysis of the NASP and WSASP ethical principals.

Frequently asked questions (FAQ) n A – 8) 181 -87 -060 Disregard or abandonment of generally recognized professional standards. Any performance of professional practice in flagrant disregard or clear abandonment of generally recognized professional standards in the course of any of the following professional practices is an act of unprofessional conduct: (1) Assessment, treatment, instruction, or supervision of students.

Frequently asked questions (FAQ) Q - 9) Could you lose your certificate for not giving a test e. g. WASL, MSP or SBAC correctly?

Frequently asked questions (FAQ) n A – 9) 181 -87 -060 Disregard or abandonment of generally recognized professional standards. Any performance of professional practice in flagrant disregard or clear abandonment of generally recognized professional standards in the course of any of the following professional practices is an act of unprofessional conduct: (1) Assessment, treatment, instruction, or supervision of students.

Frequently asked questions (FAQ) Q - 10) In terms of the Code of Conduct , Is it ok to drink alcohol or take a controlled substance? Situations and parameters?

Frequently asked questions (FAQ) A - 10) It depends, be careful. n 181 -87 -085 can’t furnish it to minors; n 181 -87 -055 not on school grounds; n 181 - 86 -013 (3) behavior problem

Frequently asked questions (FAQ) Q - 11) When there are grey areas and clarity is needed, then what? The APCAC What is the APCAC? And what is it’s composition and purpose?

Frequently asked questions (FAQ) n A – 11) 181 -86 -085 Admissions and professional conduct advisory committee — Creation and composition. n The superintendent of public instruction shall appoint a nine- member admissions and professional conduct advisory committee. n The advisory committee shall consist of three teachers, one of whom shall be a private school teacher, three educational staff associates, and three administrators. Advisory committee members must be practicing in such designated roles while serving on the advisory committee.

Frequently asked questions (FAQ) Q - 12) What is the potential impact of content posted on social media sites like face book?

Frequently asked questions (FAQ) A) 12) 181 -86 -013 Good moral character and personal fitness — Definition. n n As used in this chapter, the terms "good moral character and personal fitness" means character and personal fitness necessary to serve as a certificated employee in schools in the state of Washington, including character and personal fitness to have contact with, to teach, and to perform supervision of children. Good moral character and personal fitness includes, but is not limited to, the following: (3) No behavioral problem which endangers the educational welfare or personal safety of students, teachers, or other colleagues within the educational setting.

Frequently asked questions (FAQ) Q - 13) You applied for a new job, and padded your VITA with items that were not entirely true. Is this addressed in the code?

Frequently asked questions (FAQ) n A – 13) 181 -87 -050 Misrepresentation or falsification in the course of professional practice. Any falsification or deliberate misrepresentation, including omission, of a material fact by an education practitioner concerning any of the following is an act of unprofessional conduct: (1) Statement of professional qualifications. (2) Application or recommendation for professional employment, promotion, certification, or an endorsement. (3) Application or recommendation for college or university admission, scholarship, grant, academic award, or similar benefit. (4) Representation of completion of in-service or continuing education credit hours.

Frequently asked questions (FAQ) n A – 13) 181 -87 -050 Misrepresentation or falsification in the course of professional practice. Any falsification or deliberate misrepresentation, including omission, of a material fact by an education practitioner concerning any of the following is an act of unprofessional conduct: (5) Evaluations or grading of students and/or personnel. (6) Financial or program compliance reports submitted to state, federal, or other governmental agencies. (7) Information submitted in the course of an official inquiry by the superintendent of public instruction….

Frequently asked questions (FAQ) Q – 14) You signed a contract with one district and subsequently got a much better offer with another organization. You decided to take the second offer. Is this addressed by the code of conduct?

Frequently asked questions (FAQ) A – 14) 181 -87 -065 Abandonment of contract for professional services. Any permanent abandonment, constituting a substantial violation without good cause, of one of the following written contracts to perform professional services for a private school or an educational service district is an act of unprofessional conduct: (1) An employment contract, excluding any extracurricular or other specific activity within such contract or any supplementary contract. (2) Professional service contract.

Frequently asked questions (FAQ) Q – 15) You have been a school psychologist for 15 yrs. You are starting with a new district tomorrow. Oops! You forget to renew your ESA certification with OSPI last month. Could this be a problem for you or anyone else?

Frequently asked questions (FAQ) A – 15) 181 -87 -070 Unauthorized professional practice. Any act performed without good cause that materially contributes to one of the following unauthorized professional practices is an act of unprofessional practice. (1) The intentional employment of a person to serve as an employee in a position for which certification is required by rules of the professional educator standards board when such person does not possess, at the time of commencement of such responsibility, a valid certificate to hold the position for which such person is employed. (2) The assignment or delegation in a school setting of any responsibility within the scope of the authorized practice of nursing, physical therapy, or occupational therapy to a person not licensed to practice such profession unless such assignment or delegation is otherwise authorized by law, including the rules of the appropriate licensing board.

Frequently asked questions (FAQ) A – 15) 181 -87 -070 Unauthorized professional practice. Any act performed without good cause that materially contributes to one of the following unauthorized professional practices is an act of unprofessional practice. (3) The practice of education by a certificate holder during any period in which such certificate has been suspended. (4) The failure to abide by the conditions within an agreement, executed pursuant to WAC 181 -86 -160, to not continue or to accept education employment. (5) The failure to comply with any condition, limitation, or other order or decision entered pursuant to chapter 181 -86 WAC.

Frequently asked questions (FAQ) Q - 16) You have had such a difficult time securing student records from your neighboring district. You find out that they have budget problems and “can’t afford” to send them anymore. They are stalling. Is this addressed in the Code of Conduct?

Frequently asked questions (FAQ) n A – 16) 181 -87 -093 Failure to assure the transfer of student record information or student records. n The failure of a principal or other certificated chief administrator of a public school building to make a good faith effort to assure compliance with RCW 28 A. 225. 330 by establishing, distributing, and monitoring compliance with written procedures that are reasonably designed to implement the statute shall constitute an act of unprofessional conduct.

Frequently asked questions (FAQ) Q – 18 Registered sex offenders are attending your high school. Nobody seems to know. You find out later, but you are the first to know. Is this addressed by the code?

Frequently asked questions (FAQ) n A – 16) RCW 13. 04. 155 (1) Whenever a minor enrolled in any common school is convicted in adult criminal court, or adjudicated or entered into a diversion agreement with the juvenile court on any of the following offenses, the court must notify the principal of the student's school of the disposition of the case, after first notifying the parent or legal guardian that such notification will be made: (a) A violent offense as defined in RCW 9. 94 A. 030; (b) A sex offense as defined in RCW 9. 94 A. 030; (c) Inhaling toxic fumes under chapter 9. 47 A RCW; (d) A controlled substances violation under chapter 69. 50 RCW; (e) A liquor violation under RCW 66. 44. 270; and under subsection (2) The principal must provide the information received under subsection (1) of this section to every teacher of any student who qualifies under subsection ( (1) of this section and any other personnel who, in the judgment of the principal, supervises the student or for security purposes should be aware of the student's record.

Frequently asked questions (FAQ) Q – 17 You suspect that a child is being either minimally abused or neglected, but you have not had any luck with CPS on such marginal cases, and you decide it’s a waste of time to report. Instead you get the family plugged into other interventions. Is this covered by the Code?

Frequently asked questions (FAQ) A – 17) RCW 26. 44. 030 n We are all mandatory reporters. Not reporting suspected cases of neglect or abuse is violation of this law and therefore a violation of the code. n 181 -87 -060 Disregard or abandonment of generally recognized professional standards. n Any performance of professional practice in flagrant disregard or clear abandonment of generally recognized professional standards in the course of any of the following professional practices is an act of unprofessional conduct: (1) Assessment, treatment, instruction, or supervision of students.

Frequently asked questions (FAQ) Q – 18) Are there limits to what might constitute a “behavioral problem” or “lack of fitness, ” etc?

Frequently asked questions (FAQ) A -18) 181 -86 -080 Factors to be considered prior to issuing orders. (5) Any activity that demonstrates a disregard for health, safety or welfare; (6) Any activity that demonstrates a behavioral problem; (7) Any activity that demonstrates a lack of fitness;

Some legislative proposals: n Adds many additional crimes to the list of crimes which result in mandatory termination of certificated and classified school employees, mandatory permanent certificate revocation, and the barring of contractor's employees from school grounds. n Provides that, in the event of a final termination for certain felony crimes, school districts may seek to recover salary and other compensation paid to a classified or certificated employee n Requires mandatory revocation when the certificate was obtained through fraudulent means. n Allows superintendents and administrators to file complaints with the OSPI regarding certificated individuals, regardless of whether the individual is employed by the complainant.

Some legislative proposals: n No felony with any district employees, contractors or employee of contractors. . . n Parent may make complaints directly to OSPI, if District Sup. and ESD Sup. do nothing…. . n no “sexually explicit content” on school computers…etc. . n “immorality”… “intemperance”…. Etc…Automatic revocation/dismissal with guilty plea - any felony. Prohibits parties from reaching agreements that are in conflict with termination provisions… etc.

Current legislative proposals: n S. House Bill 1319 (passed)…. . Prohibits school district employees from using school district property under their official control, direction, or custody, without authorization, for their own, or another's, private benefit or gain…. . OSPI to develop disciplinary guidelines. n URL for legislative bills: http: //www 1. leg. wa. gov/legislature/

Professional Precautions (don’t) n Boundaries: don’t cross the boundary even with parent permission.

Professional Precautions (don’t) n Don’t invite students to your home or give them personal gifts.

Professional Precautions (don’t) n Don’t transport students unless it’s in your job description.

Professional Precautions (don’t) n Don’t take students on private excursions as rewards.

Professional Precautions (don’t) n Don’t use cell phones or similar personal communication devices to communicate with students.

Professional Precautions (don’t) n Be careful about posting personal or school information on the internet via, blog, facebook, or youtube