Florida Department of Education Bureau of Professional Practices Services

1
Florida Department of Education Bureau of
Professional Practices Services

• Marian W. Lambeth
• Bureau Chief

2
Bureau of what?
3
Who are we and what do we do?
4
Bureau of Professional Practices Services

• Investigates allegations of misconduct by
• Certified Educators
• Applicants for Certification

5
What are the Standards? Florida Statutes
1012.56, 1012.795 1012.796State Board Rule
6B-1.001 6B-1.006
6
Other pertinent statutes

• 1012.32. Qualifications of Personnel
• 1012.33. Contracts...
• 1012.465. Background screening requirements /
  noninstructional
• 1012.798. Recovery Network Program

7
Precedent Setting Cases

• Adams v. State Professional Practices Council,
  406 So.2d 1170 (Florida 1st DCA 1981)
• it should be noted that educators are held to
  a more rigorous moral standard than other
  professionals because of their role in educating
  children.
• - - - - - - - - - - - - - - - - - - - - - - - -
  - - - - - - - - - - - - - - - - - - - - - -
• Tomerlin v. Dade County School Board, 318 So. 2d
  159 (FL 1st DCA 1975)
• A school teacher holds a position of great
  trust. We entrust the custody of our children to
  the teacher. We look to the teacher to educate
  and to prepare out (sic) children for their adult
  lives. To fulfill this trust, the teacher must
  be of good moral character to require less would
  jeopardize the future lives of our children.

8
Good Moral Character

• Good Moral Character is a phrase used often in
  the statutes with regard to requirements needed
  to qualify for licensure or employment with the
  state. However, this phrase has never been
  defined by the legislature. Other statutes which
  refer to good moral character, such as Section
  402.305, Florida Statutes, or Section
  231.17(1)(e), Florida Statutes, are usually
  accompanied with a list of crimes involving moral
  turpitude for which an applicant, if found
  convicted would be disqualified from receiving
  licensure or employment.
• Rule 6B-4.009(2), FAC defines immorality as
• Conduct that is inconsistent with the standards
  of public conscience and good morals. It is
  conduct sufficiently notorious to bring the
  individual concerned or the education profession
  into public disgrace or disrespect and impair the
  individuals service to the community.

9
Moral Turpitude

• Rules of the Florida Administrative Code do not
  provide a definition of good moral character.
  However, Rule 6B-4.009(6)FAC, defines moral
  turpitude as
• A crime that is evidenced by an act of
  baseness, vileness or depravity in the private
  and social duties, which, according to the
  accepted standards of the time a man owes to his
  or her fellow man or to society in general, and
  the doing of the act itself and not its
  prohibition by statute fixes moral turpitude.
• The Florida Supreme Court in Florida Board of Bar
  Examiners, 364 So.2d, 454, 458 (FL 1978) found
  that,
• A lack of good moral character should not be
  restricted to those acts that reflect moral
  turpitude. A more appropriate definition of the
  phrase requires an inclusion of acts and conduct
  which would cause a reasonable man to have
  substantial doubts about an individuals honesty,
  fairness and respect for the rights of others and
  for the laws of the state and nation.
• Reference McKenzie, III, Sydney H., Definition
  of Good Moral Character Memo to Ida S. Baker,
  1989

10

• Moral character goes beyond the ability to
  distinguish right from wrong, but the character
  to observe the difference.
• Zemour, Inc. v. State Division of Beverage,
  347 So.2d 1102 (Florida First DCA 1977)

11
Jurisdictions and Burdens of Proof

• School Districts
• employment matters
• preponderance of the evidence
• Professional Practices
• Florida Educators Certificate
• clear and convincing
• Criminal Courts / Prosecutors
• criminal charges
• beyond a reasonable doubt

12
Legally Sufficient

• Legally sufficient means that the allegation, if
  true, would violate
• Florida Statutes
• State Board of Education Rules (FAC)

13
This Process...

• Provides for competent and ethical educators
• Requires each public school district to
  establish policies and procedures to report
  misconduct of certified employees to the Bureau
  of Professional Practices.
• Ensures the integrity of the education profession

14
Examples of Cases Investigated

• Sexual Misconduct
• Inappropriate Discipline
• Inappropriate Comments
• Conversion of District Funds/Property
• Fraudulent Information
• Standardized testing violations
• Criminal Charges
• Drug Use / Alcohol Abuse
• Incompetence
• Harassment
• Voyeurism
• Plagiarism
• Credential Fraud
• Other Professional Sanctions

15
What does the district send?

• District Reporting Form
• District Investigative Report
• Victim / Witness Statements
• Pertinent Documents
• Physical Evidence
• Photos
• District Disciplinary Action
• Class or Team Roster
• EVERYTHING to Support your Case

16
Review for Sufficiency...

• Determine Jurisdiction
• Review of File and supporting documents.
• What did the district do to discipline and / or
  prevent the re-occurrence of misconduct?
• Question Does the conduct rise to the level of
  a sanction against the certificate?
• Further Action or No Further Action

17
What does PPS do when a case is opened...

• Notify educator and district
• Review file
• Contact district / site administrator
• Conduct interviews
• Procure documents / evidence
• Review file
• Conduct Conference
• Refer to Legal Counsel
• Present to Commissioner of Education

18
Findings

• Probable Cause/Denial
• File a Complaint
• Right to Appeal
• Presented to Education Practices Commission
• Final Agency Action by a Final Order
• Order outlines sanctions
• Sanctions must be fulfilled
• Violations are prosecuted
• Florida has a 3 strikes law

• No Probable Cause
• Case is closed with no disciplinary action
• Notify educator, district, certification, counsel
• No Further Action
• Case is closed with no disciplinary action
• Notify educator, district, certification, counsel

19
Final Order

• Issued by the Education Practices Commission
• Outlines Sanctions against a Florida Educators
  Certificate
• Obligation of the educator to fulfill the
  requirements of the order
• Obligation of the site administrator to assist
  with the fulfillment of the order
• Obligation of the district not to employ
  individuals who have been denied, suspended or
  revoked in any capacity that requires direct
  student contact

20
What does PPS need from you...

• Assistance with site administrators understanding
  the investigative process
• Assistance in procuring all documents and
  evidence associated with a case
• Updated information on respondent status with
  your district

21
Who has a Code of Ethics?
As a member of the National Association of
Professional Organizers, I pledge to exercise
judgment,
The National Association of the Deaf (NAD) and
the Registry of Interpreters for the Deaf, Inc.
(RID) uphold high standards of professionalism
and ethical conduct for interpreters.
Code of Ethics and Standards of Practice of the
NATIONAL ASSOCIATION OF REALTORS
International Brotherhood of Magicians agree to
Code of Ethicsof the National Association of
Social Workers
Code of Ethics of the American Library
Association
CODE OF ETHICS AND PROFESSIONAL CONDUCT
RADIO-TELEVISION NEWS DIRECTORS ASSOCIATION
Code of Ethics for Archivists
CODE OF BIRDING ETHICS
Universal Autograph Collectors Club (UACC)
ETHICAL PRINCIPLES OF PSYCHOLOGISTS AND CODE OF
CONDUCT
Code of Ethics for Registered Nurses
For the Home Inspection Profession
Code of Ethicsof the American Anthropological
Association
The National Press Photographers Association
The National Athletic Trainers Association Code
of Ethics states the principles of ethical
behavior that should be followed in the practice
of athletic training.
Society of Professional Journalists believe that
public enlightenment is the forerunner of justice
and the foundation of democracy.
22
(No Transcript)
23
How do we stop educator misconduct?

• Enlighten
• Train
• Help
• Illustrate
• Coach
• Support

24
Knowledge is Power

• 1) Inform your staff of the obligation to uphold
  the code of conduct
• 2) Impress the value and honor of the profession
• 3) Exemplify being a role model
• 4) Adherence to the code is applicable 24/7
• 5) Violations of the code could result in
  discipline at employment level and certificate
  levels.
• 6) Affirm and ensure that violations of the code
  will not be tolerated.

25
ethic ( th k)  Pronunciation Key   n. A
set of principles of right conduct. A theory or
a system of moral values An ethic of service is
at war with a craving for gain (Gregg
Easterbrook). ethics (used with a sing. verb)
The study of the general nature of morals and of
the specific moral choices to be made by a
person moral philosophy. ethics (used with a
sing. or pl. verb) The rules or standards
governing the conduct of a person or the members
of a profession medical ethics. Ethics.
(n.d.). The American Heritage Dictionary of the
English Language, Fourth Edition. Retrieved
October 25, 2006, from Dictionary.com website
http//dictionary.reference.com/browse/Ethics
26
Positions of Great Trust

• Educators hold positions of great trust.
• As members of a licensed profession educators
  have an obligation to students, the public and to
  the profession to uphold ethical standards. As a
  society, we trust educators with something of
  value therefore, we expect they will always
  conduct themselves in a manner beyond reproach
  and afford us unquestionable trust.

27
Contact Information

• Bureau of Professional Practices Services
• 325 West Gaines Street, Suite 224-E
• Tallahassee, Florida 32399-0400
• 850.245.0438 850.245.0621
• Marian W. Lambeth, Bureau Chief
• marian.lambeth_at_fldoe.org
• Certified Educators
• Sheree M. Fletcher, Program Director
• sheree.fletcher_at_fldoe.org
• Applicants
• Randy J. Amos, Program Director
• randy.amos_at_fldoe.org