Eddie Educator is a new principal at City County School District. Eddie recently moved to Georgia from West Mars, Alabama, and is unfamiliar with the Georgia Professional Standards Commission’s Code of Ethics. When is Eddie legally presumed to be completely familiar with the Code of Ethics and all decisions of the Georgia Professional Standards Commission?

(a) It shall be the duty of the commission, by regulation, to adopt standards of performance and a code of ethics for educators. . . .(b) Upon the adoption by the commission of standards of performance and a code of ethics as provided in subsection (a) of this Code section, educators of this state shall be obliged to meet and comply with such standards of performance and to abide by such code of ethics.

Educator holds certificate from Commission;

Must abide by Code of Ethics;

Loss of employment does not affect certification.

Educator holds contract from local district;

Can have employment terminated for specified reasons – including violation of Code of Ethics;

Loss of certification may breach contract of employment.

PSC District

Substantive RulesThe Prosecutor?

Attorney GeneralThe “Judge”

The CommissionAn Administrative Law

JudgeThe Impact?

Generally perceived as indictment of conduct

Substantive Rules

The prosecutor?

Superintendent

The judge?

•Board of Education

The Impact?

•Not all grounds are ‘fault’-based.

•It is possible to work again

Certificate revocation?

PSC District

Possible breach of contract.

Public release of information – including national clearinghouse.

May have opportunity to explore different career paths.

Possible Consequences of PSC Complaint

Commission of Act

Criminal Investigation

District Investigation

PSC Investigation

Criminal Prosecution

Proposed Termination

Proposed Discipline

Court of Law

Board of Education

Administrative Law Judge

Acquitted

Terminate

Suspend

Definitions of terms

Ten StandardsReporting

Requirements

Today’s Discussion

Knowing “right from wrong”vApplied professional ethics.

An educator is a teacher, administrator, or other personnel who holds, or has applied for, a PSC certificate, license or permit.

Who is an Educator?

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.

Who is a Student?

An educator should abide by federal, state and local laws and statutes.

Standard One

Moral Turpitude

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?”

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

Crimes NOT Involving Moral Turpitude

•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

Even if it’s not moral turpitude . . . .

•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.

Guilty includes

Criminal Acts 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 1st Degree•Attempted burglary •Terroristic threats•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

An educator should always maintain a professional relationship with all students, both in and outside the classroom.

Standard Two

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.

Abuse of Students Cases

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

An educator should refrain from the use of alcohol or illegal or unauthorized drugs during the course of professional practice.

Standard Three

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.

Any activity sponsored by the school or school system (booster clubs, parent-teacher groups, or any activity designed to enhance the curriculum, i.e., Foreign Language trips