Teacher ethics and responsibilities draft


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  • I just thought we might need to define legal vs ethical responsibilities…we are leaving in a few minutes, but I wanted to give a
  • Source: codes.ohio.gov/orc/3319.31
  • Source: http://codes.ohio.gov/oac/3301-73-21 We will focus on these 2 items from both the legal and ethical responsibility of the teacher
  • Source: Licensure Code of Professional Conduct for Ohio Educators, Ohio Department of Education, Adopted March 11, 2008, State Board of EducationIn the Association of American Educators “Code of Ethics for Educators”, there are 4 principles. This is principle #1.
  • Source: Licensure Code of Professional Conduct for Ohio Educators, Ohio Department of Education, Adopted March 11, 2008, State Board of Education
  • Source: “Teacher-Student Sex Raises Ethical Quiestions” http://www.ethicssage.com/2012/01/teacher-student-sex-raises-ethical-questions-1.html, Retrieve 9/6/13.
  • Teacher ethics and responsibilities draft

    2. 2. Teacher Legal and Ethical Responsibilities Legal Responsibilities  Responsibilities relating to written law in federal and state Ethical Responsibilities  Responsibilities relating to moral rights and wrongs in the profession.
    3. 3. Legal Responsibilities of Teachers  These responsibilities are based in federal & state laws  The standards are essentially the same across all 50 states.  Examples of specific state laws and codes are cited, but in essence, apply to all states.
    4. 4. Legal Responsibilities of Teachers  Teachers Legal Responsibilities are Defined by Ohio Revised Code (ORC)  ORC is Supported by Ohio Administrative Code (OAC)  The State Agency Responsible for OAC with Regard to Education is the Ohio Department of Education.
    5. 5. Ohio Revised Code  Ohio Revised Code 3319.31 Refusal to issue, suspension, revocation or limitations of license.  (B) the state board of education may refuse to issue, may limit or may revoke a license for any of the following reasons  “(1) Engaging in an immoral act, incompetence, negligence, or conduct that is unbecoming to the applicant’s or person’s position”
    6. 6. Ohio Administrative Code 3301-73-21  (A) State board of education evaluates conduct unbecoming under division (B)(1) of section 3319.31 of the Ohio Revised Code (ORC)  (1) Crimes or misconduct involving minors  (2) Crimes or misconduct involving school children
    7. 7. Ethical Responsibilities for Teachers with Regard to Students 1. Licensure Code of Professional Conduct for Ohio Educators (& Principals)  2nd principle is that teachers shall have a professional relationship with students both in and out of classroom
    8. 8. Professional Relationship with Students  Conduct unbecoming includes:  Committing any act of sexual abuse of a student  Committing an act of cruelty to children  Encouraging or engaging an inappropriate relationship with a student  Disparaging a student based on any of the students attributes  Using inappropriate language
    9. 9. Professional Relationship with Students Cont.  Conduct unbecoming includes cont.:  Provoking an altercation with a student  Failing to provide appropriate supervision within the teachers’ capacity  Contributing to or allowing bullying  Using technology to communicate with students inappropriately
    10. 10. Cases of Teachers Violating Ethical Responsibilities with Students  Stacy Schuler, Ohio gym teacher, sentenced for four years in jail for having sex with five former students.  Mary Kay Letourneau, Seattle school teacher, imprisoned from 1997-2004 for having sexual intercourse with a 13-year-old student.  Debra Lafave, Florida reading teacher, arrested in 2004 for having intercourse with a 14-year-old boy.
    11. 11. A Teacher is to be Ethically Responsible to Minors  The National Association for the Education of Young Children’s Code of Ethics (NAEYC, 2005)  Daily decisions have moral and ethical implications  Children achieve full potential in relationships built on trust and respect  NAEYC Statement of Commitment (NAEYC, 2005)  Never harm children  Advocate for children  Maintain high standards of ethical conduct  Recognize that personal characteristics, biases, and beliefs have an impact on children
    12. 12. Ethical Responsibilities to Children  Childhood is a vital stage in human life. Educator’s most important responsibility is to educate in environments that are safe, healthy, nurturing and responsive (NAEYC, 2005).  Ideals  Appreciate the vulnerability of children and their dependence on adults  Create and maintain safe and healthy environment  Foster children’s social, emotional, cognitive and physical development  Respect children’s dignity and contributions
    13. 13. Legal Rights of Children as it Relates to Morals and Ethics  Notify parents if curriculum materials might be objectionable  Report suspected incidents of child abuse  Know and follow due process when penalizing students  Keep your meetings with students public  Separate your personal and professional life  Avoid offensive, sexual, and off-color comments  Know and follow district policies regarding corporal punishment  Avoid touching students (Sadker, 2005)
    14. 14. Teachers are Models  Regardless of formal or informal interaction with students, teachers serve as a model for students. What an educator does or says serves as an example of ethical behavior to his or her students (Sadker, 2005). References Sadker, . (2005). Teachers, Schools and Society (7th ed.). Retrieved from http://highered.mcgraw- hill.com/sites/0072877723/student_view0/chapter11/ National Association for the Education of Young Children. Code of Ethical Conduct
    15. 15. Example  In a Westport, CT case, a high school teacher was arrested for sexually assaulting a 4-year old boy while babysitting. He was a friend of the family for over 12 years. He was ordered to have no contact with the child or the child’s family. He was also ordered to have no contact with minors (children under 18). However, this will be an issue for his employment as a high school teacher, as most of his students are minors. (Shephardson, 1998- 2013).
    16. 16. Unethical Behavior of Teachers with Minors  Teachers work with minors and have an ethical responsibility for the well-being and care of such inside and outside of the classroom. Unethical actions outside of the classroom involving sexual misconduct with minors will most likely affect the employment status of teachers permanently.  Reference:  Shephardson, D. (1998-2013). Creating Safer Havens for Children and Youth. Retrieved from http://creatingsaferhavens.com/child-sexual- abuse-teachers-cases.html
    17. 17. •" Amended Substitute House Bill 79  Amended Substitute House Bill 79 requires school authorities to submit a report of educator misconduct to the Ohio Department of Education if: an educator has been convicted of a criminal offense listed in Ohio Revised Code §3319.31 or Ohio Revised Code §3319.39;  termination/non-renewal proceedings have been initiated due to an educator’s conduct unbecoming;  an educator has resigned under threat of termination/non-renewal; or an educator has resigned in the course of investigation"  (http://www.ohea.org/faqs-about-code-of-conduct-for-educators, retrieved 09/04/13)
    18. 18. State Board of Education  The State Board of Education can revoke a teaching license or not issue a license for certain issues. The Ohio Revised Code states the following: "Engaging in an immoral act, incompetence, negligence, or conduct that is unbecoming to the applicant's or person's position; (2) A plea of guilty to, a finding of guilt by a jury or court of, or a conviction of any of the following:  (a) A felony other than a felony listed in division (C) of this section;  (b) An offense of violence other than an offense of violence listed in division (C) of this section;
    19. 19. Ohio Revised Code (cont)  (c) A theft offense, as defined in section 2913.01 of the Revised Code, other than a theft offense listed in division (C) of this section;  (d) A drug abuse offense, as defined in section 2925.01 of the Revised Code, that is not a minor misdemeanor, other than a drug abuse offense listed in division (C) of this section;  (e) A violation of an ordinance of a municipal corporation that is substantively comparable to an offense listed in divisions (B)(2)(a) to (d) of this section.“  (http://codes.ohio.gov/orc/3319.31, retrieved 09/04/13)
    20. 20. Evaluating Misconduct  Under division (B)(1) of section 3319.31 of the ORC (the (B)(1) is the wording in quotation above), the following factors may be considered when evaluating misconduct: 1. Crimes or misconduct involving minors 2. Crimes or misconduct involving school children 3. Crimes or misconduct involving academic fraud 4. Making or causing to make, any false or misleading statement or concealing pertaining to professional practice or educational matters 5. Crimes or misconduct involving school community, funds or property 6. A plea of guilty in a criminal activity 7. A violation of the terms and conditions of a consent agreement 8. Any other crimes or misconduct that negatively reflect upon the teaching profession (http://codes.ohio.gov/orc/339.321, retrieved 9/5/13) (http://codes.ohio.gov/oac/3301-73-21, retrieved 9/5/13)
    21. 21. Evaluating Misconduct  There is also section 3319.321 of the ORC that deals with confidentiality. No person shall release or permit access to information related to any student attending a public school without written consent from parents).
    22. 22. Ethical & Legal Responsibilities  Dismissal for immoral conduct is most likely when the teacher has committed a felony, in cases of inappropriate sexual advances toward students, or in cases of child abuse. In this last case, teachers may also have a duty to report suspected misconduct by others.  The kinds of misconduct dealt with by the law are usually acts that are (or can be viewed as) unethical in any context. Teachers, like others, are expected to not steal, kill, commit assault, abuse children, or engage in sexual harassment.  Ethics - SCHOOL TEACHING, HIGHER EDUCATION - Ethical, Academic, Research, and Students - StateUniversity.com http://education.stateuniversity.com/pages/1962/Ethics.html#ixzz2eJ4 TvrwJ
    23. 23. State Laws States also forbid particular forms of misconduct, such as child abuse, sexual harassment, and drug abuse, and their violation may be grounds for dismissal. Ethics - SCHOOL TEACHING, HIGHER EDUCATION - Ethical, Academic, Research, and Students - StateUniversity.com http://education.stateuniversity.com/pages/1962/Ethics.html #ixzz2eJ46vJ6E
    24. 24. Legal Responsibilities of Teachers with Minors Definitions of Child Abuse and Neglect The following definitions may be found under the Department of Children and Families Regulations (110 CMR, section 2.00).
    25. 25. Abuse The non-accidental commission of any act by a caretaker upon a child under age 18 which causes, or creates a substantial risk of, physical or emotional injury; or constitutes a sexual offense under the laws of the Commonwealth; or any sexual contact between a caretaker and a child under the care of that individual. This definition is not dependent upon location (i.e., abuse can occur while the child is in an out-of-home or in-home setting.
    26. 26. Physical Injury Death; or fracture of a bone, subdural hematoma, burns, impairment of any organ, and any other such nontrivial injury; or soft tissue swelling or skin bruising, depending upon such factors as the child's age, circumstances under which the injury occurred and the number and location of bruises; or addiction to a drug or drugs at birth; or failure to thrive.
    27. 27. Shaken Baby Syndrome Infants, babies or small children who suffer injuries or death from severe shaking, jerking, pushing or puling may have been victims of Shaken Baby Syndrome. The act of shaking a baby is considered physical abuse, as spinal, head and neck injuries often result from violently shaking young children.
    28. 28. Neglect Failure by a caretaker, either deliberately or through negligence or inability to take those actions necessary to provide a child with minimally adequate food, clothing, shelter, medical care, supervision, emotional stability and growth, or other essential care; provided, however, that such inability is not due solely to inadequate economic resources or solely to the existence of a handicapping condition. This definition is not dependent upon location (i.e., neglect can occur while the child is in an out-of-home setting).
    29. 29. Emotional Injury An impairment to or disorder of the intellectual or psychological capacity of a child as evidenced by observable and substantial reduction in the child's ability to function within a normal range of performance and behavior.
    30. 30. Institutional Abuse or Neglect  Abuse or neglect which occurs in any facility for children, including, but not limited to, group homes, residential or public or private schools, hospitals, detention and treatment facilities, family foster care homes, group day care centers and family day care homes.  http://www.mass.gov/eohhs/consumer/family- services/child-abuse-neglect/definitions.html
    31. 31. Criminal Law  In the USA, criminal law involves prosecution by the government of a person for an act that has been classified as a crime.  Crimes include both felonies (more serious offenses -- like murder or rape) and misdemeanors (less serious offenses -- like petty theft or jaywalking).  http://www.law.cornell.edu/wex/criminal_la w
    32. 32. Sexual Harassment It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general. http://www.eeoc.gov/laws/types/sexual_harassment.cfm
    33. 33. Relationships of Teachers with Minors and Students Although the definition of immoral conduct in the law has not become coextensive with violations of criminal law, there is little in the meaning of immoral conduct that is distinctive to teachers or teaching. Ethics - SCHOOL TEACHING, HIGHER EDUCATION - Ethical, Academic, Research, and Students - StateUniversity.com http://education.stateuniversity.com/pages/1962/Ethics.html#ixzz2eJ4TvrwJ
    34. 34. Comparison of Legal & Ethical Responsibilities.  Teaching is an important and influential profession. Teachers are models for their students as well as members of the community.  Therefore, the standard of conduct must be understood and upheld by members of the teaching profession.