Ethical Leadership

1
Georgia Professional Standards Commission
The Code of Ethics for Georgia Educators
2
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.  

3
20-2-984.1. Adoption of a Code of Ethics.

• The standards of performance and code of ethics
  adopted by the commission shall be limited to
  professional performance and professional ethics.
   

4
20-2-984.3. the commission shall be authorized
to investigate

• Alleged violations by an educator of any law of
  this state pertaining to educators or the
  profession of education
• Alleged violations by an educator of the code of
  ethics of the commission
• Alleged violations by an educator of rules,
  regulations, or policies of the state board or
  the commission
• Complaints alleging a failure by an educator to
  meet or comply with standards of performance of
  the commission or the state board or
• Complaints alleging that an educator has been
  convicted of any felony or of any crime involving
  moral turpitude

5
Standard 1
An educator shall abide by federal, state, and
local laws and statutes.
6
Legal Compliance

• Unethical conduct includes but is not limited to
  the commission or conviction of
• a felony or any crime involving moral turpitude.

7
Legal Compliance

• Unethical conduct includes but is not limited to
  the commission or conviction of
• any criminal offense involving a controlled
  substance or marijuana.

8
Legal Compliance

• Unethical conduct includes but is not limited to
  the commission or conviction of
• any sexual offense specified in Code Section 16.

9
Legal Compliance

• Unethical conduct includes but is not limited to
  the commission or conviction of
• any laws applicable to the profession.

10
Conviction includes

• a finding or verdict of guilty

11
Conviction includes

• a plea of nolo contendere

12
Conviction includes

• a situation where first offender treatment was
  granted and

13
Conviction includes

• 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.

14
Simple Definition of Not Guilty

• The District Attorney dismissed the case, or
• The judge ruled Not Guilty! with no qualifiers.

Every other ruling is Guilty!
15
Reporting the CONVICTION of a
Criminal Offense
16
Reporting the COMMISSION of a
Criminal Offense
17
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  

18
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

19
20-2-984.2. Requests by Local Boards for
Investigation of Criminal Offenses

• (b) If the local board of education determines
  that the matters warrant investigation, then
  the local board of education shall transmit
  such report to the commission with a request for
  investigation.

20
20-2-984.2. Requests by Local Boards for
Investigation of Criminal Offenses

• The reporting administrator and the local board
  of education shall have a good faith, reasonable
  basis to believe that the incident occurred or
  evidence exists and shall, in the written report,
  set forth such basis and detail the nature of the
  incident, evidence, and names of any and all
  known witnesses.

21
20-2-984.2. Requests by Local Boards for
Investigation of Criminal Offenses

• (c)  The willful failure of any such local school
  system administrator to comply with this Code
  section shall be grounds for the imposition on
  the administrator of any of the disciplinary
  actions set forth in Code Section 20-2-984.5.  

22
Standard 2
An educator shall always maintain a professional
relationship with all students, both in and
outside the classroom.
23

• A STUDENT is anyone
• enrolled in a Georgia public or private school
  from preschool through grade 12, or
• anyone under the age of 18.

24
For the purposes of the Code of Ethics, the
enrollment period for a graduating student ends
on August 31 of the year of graduation.
25
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

26
Unethical Conduct with Students Includes

• committing any sexual act with a student or
  soliciting such from a student
• engaging in or permitting harassment of or
  misconduct toward a student that would violate a
  state or federal law

27
Unethical Conduct with Students Includes

• soliciting, encouraging, or consummating an
  inappropriate written, verbal, electronic, or
  physical relationship with a student
• furnishing tobacco, alcohol, or drugs to any
  student, or

28
Unethical Conduct with Students Includes

• failing to prevent the use of alcohol or
  illegal/unauthorized drugs by students who are
  under the educators supervision (including but
  not limited to the educators residence or any
  other private setting).

29
Standard 3

• Alcohol or Drugs

30
Standard 3
An educator shall refrain from the use of alcohol
or illegal or unauthorized drugs during the
course of professional practice.
31
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

32
Illegal and Unauthorized Drugs are Always Illegal
and Unauthorized.
33
Alcohol

• Unethical conduct includes but is not limited to
• being on school premises or at a school-related
  activity involving students while under the
  influence of, possessing, or consuming alcoholic
  beverages.

34
Georgia's Legal Definitions for "Under the
Influence"

• An alcohol concentration of 0.08 grams or 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 grams or 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

35
Georgia's Legal Definitions for "NOT Under the
Influence"

• If there was a blood alcohol concentration of
  0.05 grams or less, it shall be presumed that the
  person was not under the influence of alcohol.
• O.C.G.A. 40-6-392 Driving
• O.C.G.A. 52-7-12. Operation of Watercraft
• O.C.G.A. 27-3-7 Hunting

36
? Under the Influence ?

• A blood alcohol concentration in excess of 0.05
  grams but less than 0.08 grams shall not give
  rise to any presumption that the person was or
  was not under the influence of alcohol, but such
  fact may be considered with other competent
  evidence in determining whether the person was
  under the influence of alcohol

37
Possession

• Possession of a CONTAINER of alcoholic beverage
  (not in the
  blood stream).
• DO NOT DISCARD the evidence!

38
Standard 4
An educator shall exemplify honesty and integrity
in the course of professional practice.
39
Honesty

• Unethical conduct includes but is not limited to
  falsifying, misrepresenting, or omitting
• professional qualifications, criminal history,
  college or staff development credit and/or
  degrees, academic award, and employment history

40
Honesty

• Unethical conduct includes but is not limited to,
  falsifying, misrepresenting, or omitting
• information submitted to federal, state, local
  school districts and other governmental agencies
• information regarding the evaluation of students
  and/or personnel

41
Honesty

• Unethical conduct includes but is not limited to,
  falsifying, misrepresenting, or omitting
• reasons for absences or leaves
• information submitted in the course of an
  official inquiry/investigation and

42
Honesty

• Unethical conduct includes but is not limited to,
  falsifying, misrepresenting, or omitting
• information submitted in the course of
  professional practice.

43
Standard 5
An educator entrusted with public funds and
property shall honor that trust with a high level
of honesty, accuracy, and responsibility.
44
Public Funds Property

• Unethical conduct includes but is not limited to
• misusing public or school-related funds
• failing to account for funds collected from
  students or parents
• submitting fraudulent requests or documentation
  for reimbursement of expenses or for pay

45
Public Funds Property

• Unethical conduct includes but is not limited to
• co-mingling public or school-related funds with
  personal funds or checking accounts and
• using school property without the approval of the
  local board of education/governing board or
  authorized designee. and
• using school system property for personal gain.

46
Standard 6
An educator shall maintain integrity with
students, colleagues, parents, patrons, or
businesses when accepting gifts, gratuities,
favors, and additional compensation.
47
Remunerative Conduct

• Unethical conduct includes but is not limited to
• 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
  or authorized designee

48
Remunerative Conduct

• Unethical conduct includes but is not limited to
• accepting gifts from vendors or potential vendors
  for personal use or gain where there may be the
  appearance of a conflict of interest

49
Remunerative Conduct

• Unethical conduct includes but is not limited to
• tutoring students assigned to the educator for
  remuneration unless approved by the local board
  of education/governing board or superintendent or
  authorized designee and

50
Remunerative Conduct

• Unethical conduct includes but is not limited to
• coaching, instructing, promoting athletic camps,
  summer leagues, etc. that involves students in an
  educators school system and from whom the
  educator receives remuneration unless approved by
  the local board of education/governing board or
  the superintendent authorized designee. These
  types of activities must be in compliance with
  all rules and regulations of the Georgia High
  School Association.

51
Standard 7
An educator shall comply with state and federal
laws and state school board policies relating to
the confidentiality of student and personnel
records, standardized test material and other
information.
52
Confidential Information

• Unethical conduct includes but is not limited to
• 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
• sharing of confidential information restricted by
  state or federal law

53
Confidential Information

• Unethical conduct includes but is not limited to
• 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. and
• violation of other confidentiality agreements
  required by state or local policy.

54
Confidential Information

• Annual performance evaluation records of school
  personnel
• Health services provided to an insured
• Identifiable individual student performance data,
  information and reports
• School records of students with disabilities
• A student's education record

55
Standard 8
An educator shall 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.
56
Abandonment of Contract

• Unethical conduct includes but is not limited to
• abandoning the contract for professional services
  without prior release from the contract by the
  employer, and
• willfully refusing to perform the services
  required by a contract.

57
20-2-211 (a) All teachers, principals, other
certificated professional personnel, and other
personnel of a local unit of administration shall
be employed and assigned by its governing board
on the recommendation of its executive officer.
58
20-2-211 contracts ... shall be complete in all
terms and conditions of the contract, including
the amount of compensation to be paid ... during
the ensuing school year, and shall not contain
blanks or leave any terms and conditions of the
contract open.
59
In Allen vs. Lankford, the Georgia Court of
Appeals ruled that a teachers contract of
employment may be terminated by his abandonment
of the contract and the acceptance of, or
acquiescence in, the abandonment by the school
board. This constitutes a rescission of the
contract by mutual agreement. The court went on
to say that Acceptance of a resignation may be
made implicitly by the appointment of another in
the teachers place.
60
Standard 9
An educator shall file reports of a breach of one
or more of the standards in the Code of Ethics
for Educators, child abuse, or any other required
report.
61
Required Reports

• Unethical conduct includes but is not limited to
• failure to report all requested information on
  documents required by the Commission when
  applying for or renewing any certificate with the
  Commission
• 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 and

62
Required Reports

• Unethical conduct includes but is not limited to
• 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.

63

• What is reasonable cause to believe?

64
Former School Principal
The educator, a school principal, failed to
report sexual misconduct by a teacher. The
educator had been informed that a female student
was regularly meeting the male teacher in his
classroom during lunch and that they were often
seen in close proximity. After the male teacher
was arrested and charged with four counts of
Sexual Assault, the educator confirmed that there
were rumors about the male teacher and female
students.
65
Standard 10
An educator shall demonstrate conduct that
follows generally recognized professional
standards and preserves the dignity and integrity
of the teaching profession.
66
Professional Conduct

• Unethical conduct includes but is not limited to
  
• any conduct that impairs and/or diminishes the
  certificate holders ability to function
  professionally in his or her employment position,
  or
• conduct that is detrimental to the health,
  welfare, discipline, or morals of students.

67
Standard 11
An educator shall administer state mandated
assessments fairly and ethically.
68
Testing

• Unethical conduct includes but is not limited to
• committing any act that breaches Test Security
  and
• compromising the integrity of the assessment.

69
Other Grounds for Disciplinary Action against a
Certificate

• 1. unethical conduct as outlined in The Code of
  Ethics for Educators, Standards 1-11
• 2. disciplinary action against a certificate in
  another state on grounds consistent with those
  specified in the Code of Ethics for Educators
• 3. order from a court or a request from DHR that
  a certificate be suspended or denied for
  non-payment of child support

70
Other Grounds for Disciplinary Action against a
Certificate

• 4. notification from the GHEAC that the educator
  is in default and not in satisfactory repayment
  status on a student loan
• 5. suspension or revocation of any professional
  license or certificate
• 6. violation of any other laws and rules
  applicable to the profession and
• 7. any other good and sufficient cause that
  renders an educator unfit for employment as an
  educator

71
Enforcing Sanctions

• The superintendent and the superintendents
  designee for certification shall be responsible
  for assuring that an individual whose certificate
  has been revoked, denied, or suspended is not
  employed or serving in any capacity in their
  district. Both the superintendent and the
  superintendents designee must hold GAPSC
  certification.

72
(No Transcript)
73
ETHICS TEST
What Standards were violated in each of the
following cases?
74

• 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. The educator also failed to make a
  timely report of the incident to administrators.

75

• A student told her therapist that she and the
  educator had sexual relations on two occasions,
  and that the educator had provided her with
  alcohol and drugs. The educator acknowledged that
  she may have been too involved with the student
  and that the student had spent the night at her
  house on two occasions. The student and the
  educator intensified their relationship after it
  was reported.

76

• The educator admitted to having spent the night
  with a student at least thirty times and
  staying overnight in the same room with the
  student on those nights. Approximately twenty of
  the over night sessions were at the educators
  residence. The educator resigned in lieu of
  termination.

77

• The educator inappropriately touched several
  elementary students. The educator admitted that
  he may have inadvertently touched the buttocks of
  some of his students as he hugged them. He was
  charged with six counts of Child Molestation.
  The educator fled the state with his daughter.

78

• The educator admits that she threw a shoe at a
  student two times. The second time, the shoe hit
  the student in the nose and upper lip. The
  student, his sister and two witnesses said that
  his nose bled. The educator admits that it was a
  stupid thing to do.

79

• The educator, a superintendent, engaged in an
  inappropriate relationship with a subordinate
  teacher on school grounds, during duty hours and
  in the presence of staff and students. The
  educator used school system computer equipment
  and email service as well as a school system cell
  phone and cell phone service in furtherance of
  the inappropriate relationship.

80

• The educator made an inappropriate comment to a
  student. The educator said, Im going to start
  calling you T.S. That means transsexual. You
  talk like you could live in Piedmont Park. She
  emphasizes that it was done in a playful joking
  manner. Some of the students friends said that
  the educator made reference to the incident at
  later times.

81

• The educator, a Principal, insisted that
  teachers either assign a grade of 74 or above or
  provide written explanations for all grades that
  are below 74. This was for every assigned grade,
  not only the final one. The educator instituted
  the non-traditional grading system for his school
  without Board of Education approval.

82

• The educator, an elementary school teacher, was
  involved in a physical altercation with a student
  who failed to follow a directive to leave the
  class. Both the student and the educator fell to
  the floor with the educator on top holding the
  student down. She took off one of her shoes and
  threatened to hit the student.

83

• The educator admitted consuming one margarita
  prior to attending a football game at the school.
  Witnesses stated that the educator had a strong
  odor of an alcoholic beverage, but no test was
  given to determine the level of alcohol in the
  educators system. The educator was required to
  leave the game and arranged for his wife to pick
  him up at the school.

84

• The educator allegedly falsified the dates she
  observed teachers in the school, and asked one
  teacher to falsify the date on an observation
  post-conference form. The teachers acknowledge
  that the educator came into their classroom, but
  deny that they were ever formally observed or had
  a post-observation conference. The educator
  admits that she asked Teacher 1 to sign and date
  a classroom observation form with an earlier date.

85

• The educator served as a chaperone on a
  school-sponsored trip to Europe. He admitted that
  he consumed one alcoholic beverage after hours on
  three nights of the eight-day trip. The educator
  acknowledged that he had made a mistake by
  consuming the alcoholic beverages, but denied
  that he failed to properly supervise students
  during the trip.

86

• The educator fabricated IEP paperwork by cutting
  signatures from other documents and pasting the
  signatures on the fabricated paperwork. She
  photocopied the paperwork to conceal the cut and
  paste, and submitted the fabricated, photocopied
  paperwork to the school system. Additional cut
  and paste IEP documents were located in the
  educators files.

87

• The Applicant was denied educator certification
  by the state of South Carolina as a result of his
  criminal history. He had provided alcohol to four
  minor females and engaged in sex with one of
  them. The Applicant failed to disclose that he
  was his denied certification in SC on his PSC
  application.

88

• The educator assigned a years worth of grades to
  a student who did not attend the school. After
  being confronted with that information, the
  educator went back and changed the grades to
  zeros, which gave the student a failing grade for
  the year. The educator could not document how
  student grades were assigned.

89

• The educator used school system equipment to
  access and store pornographic material to further
  his private business (the production and
  distribution of pornography). The educator
  attempted to use a fraudulent school system
  purchase order, on which the superintendents
  signature had been forged, to obtain unauthorized
  equipment and to have the school system billed
  for that equipment.

90

• The educator submitted to a alcohol breath test
  and registered .018 and .020. The educator said
  that he had been drinking the night before in an
  effort to sleep.

91

• The educator submitted to a alcohol breath test
  and registered 0.18 and 0.20. The educator said
  that he had been drinking the night before in an
  effort to sleep.

92

• The Educator failed to disclose on his PSC and
  employment applications that he had resigned a
  position for a cause and that his certificate was
  revoked by the State of Florida after he had
  sexual intercourse with one student and attempted
  to engage in a relationship with another student.
  

93

• The educator provided a copy of the 7th grade
  mathematics benchmark test and answer key to her
  daughter. The daughter created a cheat sheet
  which she used to cheat on the test.

94

• The educator failed to adequately supervise his
  class during a computer lab. A female student
  reported that, during the lab, she was forced to
  perform oral sex on two male students. The
  educator had no knowledge that the acts were
  occurring while he was supervising the class.

95

• After being advised that a student had a cell
  phone video of a female student performing a
  sexual act on male students, the educator, a high
  school principal, failed to notify the school
  systems administration and the students parents
  in a timely manner. The educator also failed to
  confiscate the cell phone from the student and to
  dispense consequences to the student in
  possession of the video.