WHAT LICENSED EDUCATORS SHOULD KNOW Ethical Issues for

WHAT LICENSED EDUCATORS SHOULD KNOW Ethical Issues for Educators

Professional Licensing and Investigating ● Utah Division of Occupation and Professional Licensing (DOPL) – Oversees licensure and investigations for dozens of professions in Utah ● Utah State Bar – Oversees licensure and investigations for lawyers ● Utah Professional Practices Advisory Commission – Oversees investigations of teachers and advises the State Board of Education regarding licensure

Number of Licensed Educators Since 2003 35, 000 30, 000 25, 000 20, 000 15, 000 10, 000 5, 000 0 2003 -2004 -2005 -2006 -2007 -2008 -2009 -2010 -2011 -2012 -2013

Cases Open Since 2004 80 70 60 50 40 30 20 10 0 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 -date

THERE ARE CURRENTLY 57 OPEN UPPAC CASES (as of October 2014)

Types of Offenses of Active Cases TF; 4 OM; 1 BV; 8 DA; 4 VIS; 13 DF; 3 OS; 3 VI; 1 PO; 7 TP; 1 SS; 10 SN; 2

UPPAC Actions Ø Letter of Admonishment/Warning – (sent to individual, not to district or school; in file but confidential) Ø Letter of Reprimand – (sent to individual, district; placed in file and flagged on CACTUS) Ø Probation – (district notified; notice in file and flagged on CACTUS) Ø Recommend Suspension – (all districts and other educational institutions and NASDTEC notified; flagged on CACTUS not allowed to teach for a specific period of time) Ø Recommend Revocation -- (all districts and other educational institutions and NASDTEC notified; flagged on CACTUS not allowed to teach again. )

Resolutions OF CASES IN 2014 No action/dismiss 9% Suspension 24% No action/keep flagged 3% Letter of Admonishment 13% Revocation 8% Agreement Not to Teach 3% Reprimand/ Probation 3% 3% Reprimand Letter 13% Letters of Warning: 21%

UTAH EDUCATOR STANDARDS RULE 277 -515

Your teachers are responsible for familiarizing themselves with professional ethics (R 277 -515 - 3 B) “I didn’t know, ” “Everyone else was doing it, ” or “The administration was fine with it” are not good excuses. As administrators, YOU should be very familiar with these rules AND please, please enforce them!

Top Ten Repeat Offenders

1. Soliciting, encouraging, or consummating an inappropriate relationship, written, verbal, or physical with a student or minor (R 277 -515 -3(C)(14)) FB friends? Texts? Twitter? Emails? Phone calls?

ALARMING FACT! CURRENTLY 19% OF THE CASES UPPAC IS INVESTIGATING ARE CASES INVOLVING SEXUAL MISCONDUCT WITH A STUDENT. AN ADDITIONAL 14% INVOLVE BOUNDARY VIOLATIONS.

HOW IS THIS HAPPENING? ? ? * *NOTE: These are not researched based conclusions, just one investigator’s observations. v The teacher-student relationship is evolving: Ø Teachers are trying to be friends, not just friendly, with their students. Ø This is the teacher who finds the company of teenagers socially fulfilling. Ø Teachers are trying to be therapists to their students. Ø This is the teacher who feels badly turning away a student who just needs to talk. Ø Teachers are trying to be saviors to their students. Ø This is the teacher who feels like he/she is the ONLY person who can make a difference in the student’s life.

HOW IS THIS HAPPENING, CONT. v. Students view adults differently than in the past: Ø Students are using first names for adults, as they would their peers more than they have in the past Ø Students feel more comfortable talking to adults than they did in the past

HOW IS THIS HAPPENING, CONT. v. Communicating with students (W/O PARENTAL INVOLVEMENT) is easier: Ø TEXT messaging Ø Facebook Ø Twitter Ø Before school, during lunch, after school

WHAT CAN YOU DO ABOUT IT? A. HELP TEACHERS REMEMBER THEIR ROLE AS EDUCATORS: ØBe friendly, not friends. ØCounsel, don’t cure. ØSupport, don’t save.

WHAT CAN YOU DO ABOUT IT, CONT. B. HELP YOUR TEACHERS RECOGNIZE THEIR VULNERABILITIES (and yours too). Ask teachers: Ø Do you need to be the popular teacher/counselor/principal? Is it important to you to have your students like you? Does it make you feel good or validated when the kids hang out in your classroom/office during lunch, or suggest hanging out with you on the weekend? Ø Are you the type of person/friend/family member who is always offering advice? Listening to problems? Do you need to fix problems? Ø When a student tells you, “you’re the only one who cares about me, ” do you feel honored and special? Do you like feeling that you have a unique relationship that is helping someone survive a difficult situation?

What can you do about it, cont. C. HELP YOUR TEACHERS RECOGNIZE WHETHER THEIR INTERACTIONS COMPLY WITH THE LAW: Ø Appropriate questions: Ø How’s your day? How’d you do on that test you were worried about? Did your basketball team win last night? Ø Inappropriate questions: Ø Are you still fighting with your mom? Are you taking your medication to help you focus on tests better? Did you really start a fight with the team captain? How’d it feel to hit him? Ø Also inappropriate: revealing personal information about yourself, your marriage, your dates, your personal frustrations with administrators, etc.

What can you do about it, cont. D. SHARE THIS RULE OF THUMB WITH YOUR TEACHERS: You should not be having any communications with students where you would not want the communications shared with. . . Ø the student’s parents Ø the teacher’s significant other Ø the student’s or teacher’s ecclesiastical leader Ø a news reporter

Text Messages or IM • Texting and instant messaging are often used to break down boundaries—most sexual cases that come to UPPAC begin with texting • Real life examples of texts/IMs that have been received by UPPAC: – “I know I’m not supposed to have favorites, but whatever, you’re totally my favorite. ” – “Dare we disturb the universe? ” (quoting T. S. Elliot and referencing a potential divorce from the teacher’s wife) – Picture of shirtless P. E. coach

WHAT CAN YOU DO ABOUT IT, CONT. E. IMPLEMENT A NO-SOCIAL-TEXTING/NO-SOCIALFACE-BOOKING/NO SOCIAL-MEDIA-ING POLICY AT YOUR SCHOOL BEST PRACTICE: NONE OF THE ABOVE. If your district/school allows texting, seriously consider the following:

Texting Policy Considerations v Do NOT email, text, communicate electronically with individual students. DO send messages only to teams or clubs or groups of students—or copy messages to supervisors and/or parents. v Do NOT tease or flirt with students using social media (or in real life…). v Do interact appropriately and professionally at all times. v Do NOT sent confidential or sensitive information about grades, IEP meetings, disciplinary issues using media that can be easily hacked, re-sent or accessed by others. v Do take extra precautions when posting ANYTHING about students on personal social networking sites. v Do NOT communicate about personal issues--the student’s or the teacher’s. v Do NOT have an on-going conversation with a student via text. v Do NOT delete or forward a text picture from a student in a compromising position —clothed or unclothed. Instead, report to an administrator and/or law enforcement. If the student is a minor, forwarding the text could be considered distributing child pornography, a potential felony.

What can you do about it, cont. F. INVESTIGATE AND REPORT!!! Ø If you suspect a teacher of inappropriate activities or relationships with a student, no matter how minor it initially seems, INVESTIGATE! Ø This means more than just asking the teacher and the student if anything is going on. Ø Report to your district supervisor. Ø Report to law enforcement if you suspect the relationship is physical or that the relationship goes beyond the investigative resources of the school. Ø Report to UPPAC.

And Back to the Top Ten Offenses… 2. Felony or misdemeanor conviction(s) which adversely affects the teacher’s ability to perform assigned duties and carry out the responsibilities of the profession, including role model responsibilities. (R 277 -515 -3(C)(1) Administrator’s responsibility when a teacher is arrested (this means fingerprinted by law enforcement): DIRECT EDUCATOR TO REPORT ARREST TO DISTRICT WHICH WILL THEN REPORT TO USOE WITHIN 48 HOURS OF ARREST

3. Resolving disciplinary problems professionally and in a manner that does not result in a hostile, intimidating, abusive, offensive, or oppressive learning environment. (R 277 -515 -4(B)(1) and (2))

WHAT’S WRONG WITH THIS SCENARIO? The history teacher in your school, Mr. Bananas, for all intent and purposes, is a great teacher. But one day, after Johnny and Susie have been asked repeatedly to stop talking and they do not, Mr. Bananas loses it, and reaches over Johnny’s desk, grabs Johnny by the shirt, and drags him across the desk, drop-kicking him on the floor. Johnny is not hurt, and the class is sufficiently scared, no one will ever talk out of turn again.

4. Prescription drug use and alcohol on school grounds (R 277 -515 -3(C)(8)–(10)) Teachers MAY NOT: § Come to school under ANY influence of alcohol. Even a whiff on the breath is inappropriate. § Abuse prescription drugs. Use illegal drugs. Period. § Provide alcohol, illicit drugs, and/or nonprescribed prescription drugs to students. Ever. Under any circumstances.

5. Gifts, bonuses, incentives—to take or not to take? (R 277 -515 -3(D)(3)(a)-(g)) To take: nominal appropriate personal gifts for birthdays, holidays, and teacher appreciation occasions donations from students, parents, and businesses specifically and strictly to benefit students Not to take: bonuses or incentives from vendors, potential vendors, or gifts from parents of students, or students where there might be the appearance of a conflict of interest gifts from students that would suggest or further an inappropriate relationship gifts from colleagues that are inappropriate or further the appearance of impropriety

WHAT’S WRONG HERE? • You supervise a teacher who has had a very long and successful career. As a token of appreciation, a few wealthy parents in your community want to give this teacher an allexpense paid trip to Hawaii. It just so happens, that the children of these parents are all National Merit Scholar finalists. The teacher plays a key role in determining the recipient of these awards.

6. Testing protocol violations (R 277515 -4 B(5))

7. Inappropriate images on school computers and pornography (R 277515 -4 B(6) and (7) RULE OF THUMB FOR TEACHERS: NEVER, EVER, EVER LOOK AT INAPPROPRIATE IMAGES ON SCHOOL COMPUTERS

What constitutes “inappropriate images? ” • While debatable, Sports Illustrated Swimsuit issue and Victoria Secret swimsuit sales are sites to avoid, just to be safe. • In Utah law, it is a crime to “access pornographic or indecent material on school property when the person willfully or knowingly creates, views, or otherwise gains access to pornographic or indecent material while present on school property. . . ” (Utah Code § 76 -10 -1235)

8. Financial Improprieties (R 277 -515 -5(A)(4) and (B)(2). § § § It is NOT okay for teachers to submit reimbursements for personal expenditures. It is NOT okay to sign off on reimbursements for personal expenditures. It is NOT okay for teachers to “borrow” all year long classroom materials, like the television or DVD player. It is NOT okay for teachers to be handling large sums of money, especially cash when there is no system in place to accurately account for that money It is NOT okay for teachers to deposit funds collected from students into a personal and/or private account, even if the teacher then writes a check to the school for that amount.

Financial No-no’s • Depositing checks for student projects sold at a school fundraiser in teacher’s personal account. • Creating a student fine account without authorization. • Submitting false requests for reimbursement to school • Using the school email to send parents information about personal music lesson business. • Telling parents athletes are required to attend a summer clinic hosted by third party for whom the teacher works.

9. Failure to report child abuse (R 277 -515 -3(C)(12)) WHAT’S WRONG WITH THIS SCENARIO? Mrs. Copper is a brand new principal at Predatory High School. Before her career as an educator, she was with the police department for 20 years. Her first week on the job, she gets a phone call from parents concerned about a suspected inappropriate and possibly sexual relationship between a teacher’s aid and their son Jimmy, who is 17 years old. Jimmy’s best friend also reports to the principal that same day that he thinks Jimmy is having an affair with the aid. As a former cop, Mrs. Copper feels she has a handle on child abuse investigations, so she calls the aid into the office and asks, “Are you having a sexual relationship with Jimmy? ” The aid responds, “Of course not!” The principal closes the case, thinking to herself, Jimmy IS 17; even if something IS going on, it’s probably consensual.

10. Failure to maintain student confidentiality. (R 277515 -3(D)(2))—FERPA (Federal Education Rights to Privacy Act) FERPA NO-NO’S Religion: “You know Jenny, I think your parents would prefer that you attend seminary instead of driver’s ed. ” Mental Issues: “If you don’t stop squirming in that chair, I’m going to have your ADHD meds checked. ” Sex: “So, you think you might be gay? Fascinating, tell me about it. ”

What can administrators do? • Become familiar with the Utah Educator Standards. • Train your teachers. PLEASE train your teachers. Staff development, orientation, mid-year reviews, etc. • Become familiar with district policies. • If the district does not have a policy for some of these things, consider creating a school-wide policy. • Enforce the standards, even if you don’t feel it warrants reporting to the district or the USOE • When uncertain about whether the violation rises to the level of reporting to USOE, call district and/or the State.

THE END Please feel free to contact me with questions: Heidi Alder Lear & Lear School Law Attorney heidi. alder@learlaw. com (801) 883 -8001