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Ethical and LegalEthical and Legal
responsibilitiesresponsibilities
For the Classroom TeacherFor the Classroom Teacher
Dr. Patti TalbotDr. Patti Talbot
Dr. Bob McCrackenDr. Bob McCracken
Dr. Brad BizzellDr. Brad Bizzell
Ethical and LegalEthical and Legal
ResponsibilitiesResponsibilities
What you need to know about the LAWWhat you need to know about the LAW
and ETHICS regarding:and ETHICS regarding:
• Professional BoundariesProfessional Boundaries
• Reporting RequirementsReporting Requirements
• Negligence and PolicyNegligence and Policy
Professional BoundariesProfessional Boundaries
• What are professional boundaries?What are professional boundaries?
• Why must you have them?Why must you have them?
• How do you establish them?How do you establish them?
Professional BoundariesProfessional Boundaries
• Limiting childrenLimiting children’’s behavior and your owns behavior and your own
to establish and maintain an appropriateto establish and maintain an appropriate
teacher-student relationship.teacher-student relationship.
Healthy ProfessionalHealthy Professional
BoundariesBoundaries
• Will protect you in a multitude of waysWill protect you in a multitude of ways
• Potential child abuse allegationsPotential child abuse allegations
• Allegations of partialityAllegations of partiality
• Privacy – yours and theirsPrivacy – yours and theirs
• Religion – yours and theirsReligion – yours and theirs
• Will help you keep the focus on learning inWill help you keep the focus on learning in
your classroom.your classroom.
Case Situation andCase Situation and
Group InteractionGroup Interaction
• Your classroom is next to a teacher/coach who is a winning and popularYour classroom is next to a teacher/coach who is a winning and popular
coach. He/she is an excellent teacher and very popular in community,coach. He/she is an excellent teacher and very popular in community,
perceived asperceived as “godly” for the last decade. Student athletes are always in“godly” for the last decade. Student athletes are always in
his/her classroom before/after school and during the day. You hearhis/her classroom before/after school and during the day. You hear
many conversations that seem to go beyond the normally acceptedmany conversations that seem to go beyond the normally accepted
teacher student-teacher relationship. Occasionally you overhear parts ofteacher student-teacher relationship. Occasionally you overhear parts of
conversations about after school meetings, discussion about social mediaconversations about after school meetings, discussion about social media
interactions and stories about weekend parties. These discussions orinteractions and stories about weekend parties. These discussions or
parts that you hear are both from males and females. You are aware thatparts that you hear are both from males and females. You are aware that
the principal and administrative staff of the school division highly regardthe principal and administrative staff of the school division highly regard
this teacher/coach for not only the winning school record and but thethis teacher/coach for not only the winning school record and but the
level of academic achievement of his/her students.level of academic achievement of his/her students.
• What problems do you see with this situation? How will you maintainWhat problems do you see with this situation? How will you maintain
professional boundaries so that you donprofessional boundaries so that you don’’t replicate it?t replicate it?
The Challenge of Being aThe Challenge of Being a
New/Young TeacherNew/Young Teacher
• Students will like you.Students will like you.
• You may not feel much older than they are.You may not feel much older than they are.
• You want to beYou want to be ““nicenice”” andand ““friendlyfriendly”” andand
““involvedinvolved””..
• You donYou don’’t want to be seen ast want to be seen as ““no fun.no fun.””
What to do aboutWhat to do about ““huggyhuggy””
children?children?
““BusinesslikeBusinesslike””
We have important work to take care of atWe have important work to take care of at
school.school.
We can have a caring, supportive relationshipWe can have a caring, supportive relationship
that supports learning (and includesthat supports learning (and includes
appropriate humor) without compromisingappropriate humor) without compromising
ourselves or our students.ourselves or our students.
What does that look like? What does thatWhat does that look like? What does that
sound like?sound like?
Reporting RequirementsReporting Requirements
But, you promised!But, you promised!
• Emily comes to you before school and asks to talk. “You have toEmily comes to you before school and asks to talk. “You have to
promise you won’t tell anybody.” Seeing how distraught Emily is,promise you won’t tell anybody.” Seeing how distraught Emily is,
you readily agree and ask her what is wrong. Emily lifts the side ofyou readily agree and ask her what is wrong. Emily lifts the side of
her shirt and reveals severe bruising down her entire side. “Myher shirt and reveals severe bruising down her entire side. “My
dad got drunk again last night and was beating up on my mom. Idad got drunk again last night and was beating up on my mom. I
tried to stop him.” You ask if the police were called. Emily startstried to stop him.” You ask if the police were called. Emily starts
crying and says that if they call the police, her dad will kill her andcrying and says that if they call the police, her dad will kill her and
her mom. He has been in prison before for killing someone andher mom. He has been in prison before for killing someone and
has told them he will kill them if they tell anybody. You tell Emilyhas told them he will kill them if they tell anybody. You tell Emily
you have to get her some help. She says, “but you promised youyou have to get her some help. She says, “but you promised you
wouldn’t” and continues to cry.wouldn’t” and continues to cry.
• What do you do?What do you do?
Reporting RequirementsReporting Requirements
• Under what circumstances must/should you report things youUnder what circumstances must/should you report things you
know to someone else?know to someone else?
• Suspicion of child abuse or neglectSuspicion of child abuse or neglect
• a teacher is a mandated reportera teacher is a mandated reporter
• Bullying of one student by another student or adultBullying of one student by another student or adult
• possible negligence issuepossible negligence issue
• Suspected drug or alcohol abuseSuspected drug or alcohol abuse
• student assistance programs are available in many schoolsstudent assistance programs are available in many schools
• Significant change in student behaviorSignificant change in student behavior
• share with a guidance counselorshare with a guidance counselor
• Anytime the health or welfare of a student may be in jeopardyAnytime the health or welfare of a student may be in jeopardy
NegligenceNegligence
Negligence and PolicyNegligence and Policy
Negligence and PolicyNegligence and Policy
• Definition of Negligence and PolicyDefinition of Negligence and Policy
• Negligence – Incorrectly Doing OR Not Doing aNegligence – Incorrectly Doing OR Not Doing a
job related function described or expected byjob related function described or expected by
your job contract and/or related School Boardyour job contract and/or related School Board
Policy, Regulation, State Law, State RegulationPolicy, Regulation, State Law, State Regulation
or Administrative Directiveor Administrative Directive
Negligence and PolicyNegligence and Policy
• Understanding Negligence and Policy as aUnderstanding Negligence and Policy as a
Professional EducatorProfessional Educator
• The School DivisionThe School Division’s Responsibility’s Responsibility
• Your ResponsibilityYour Responsibility
• Legal Protection/DefenseLegal Protection/Defense
Negligence and PolicyNegligence and Policy
• Personal Stories and ExperiencesPersonal Stories and Experiences
• AdviceAdvice
• SuperintendentSuperintendent’s Actions’s Actions
• School BoardSchool Board’s Actions’s Actions
• Personal ExperiencesPersonal Experiences
Negligence and PolicyNegligence and Policy
• You are a second year teacher, it is beautiful spring afternoon andYou are a second year teacher, it is beautiful spring afternoon and
you decide to take your afternoon class outside to complete ayou decide to take your afternoon class outside to complete a
science lesson that is appropriately linked to the spring season. Youscience lesson that is appropriately linked to the spring season. You
did this because it seemed to be a great opportunity to connect andid this because it seemed to be a great opportunity to connect an
SOL standard to your planned activities. This was a spontaneousSOL standard to your planned activities. This was a spontaneous
activity. While working outside with your students you noticed thatactivity. While working outside with your students you noticed that
one student was missing. While you trying to be sure the studentone student was missing. While you trying to be sure the student
wasnwasn’’t anywhere near, another student approaches you aboutt anywhere near, another student approaches you about
being stung by a bee and her friend was telling you the student wasbeing stung by a bee and her friend was telling you the student was
allergic to bee stings.allergic to bee stings.
• What should you do?What should you do?
• What should have you done prior to the lesson/action?What should have you done prior to the lesson/action?
• Were you negligent?Were you negligent?
• What follow up actions will you take?What follow up actions will you take?
Negligence and PolicyNegligence and Policy
• Summary of Key Points about NegligenceSummary of Key Points about Negligence
and Policyand Policy
• You are responsible for all Policy/RegulationsYou are responsible for all Policy/Regulations
and Laws that govern your contract positionand Laws that govern your contract position
• Seek membership in a professionalSeek membership in a professional
organizationorganization
• Asking forgiveness for negligence or policyAsking forgiveness for negligence or policy
violation is NOT acceptableviolation is NOT acceptable
Negligence and PolicyNegligence and Policy
• Closing RemarksClosing Remarks
• Become familiar with school handbooks andBecome familiar with school handbooks and
written school policieswritten school policies
• Become familiar with the School DivisionBecome familiar with the School Division’s’s
Policy ManualPolicy Manual
• Know where to find State Laws andKnow where to find State Laws and
RegulationsRegulations
• Be sure to have an advocate and mentorBe sure to have an advocate and mentor
““ItIt’’s better to ask forgiveness thans better to ask forgiveness than
permission.permission.””
NOT!NOT!

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May 4 2013 pd

  • 1. Ethical and LegalEthical and Legal responsibilitiesresponsibilities For the Classroom TeacherFor the Classroom Teacher Dr. Patti TalbotDr. Patti Talbot Dr. Bob McCrackenDr. Bob McCracken Dr. Brad BizzellDr. Brad Bizzell
  • 2. Ethical and LegalEthical and Legal ResponsibilitiesResponsibilities What you need to know about the LAWWhat you need to know about the LAW and ETHICS regarding:and ETHICS regarding: • Professional BoundariesProfessional Boundaries • Reporting RequirementsReporting Requirements • Negligence and PolicyNegligence and Policy
  • 3. Professional BoundariesProfessional Boundaries • What are professional boundaries?What are professional boundaries? • Why must you have them?Why must you have them? • How do you establish them?How do you establish them?
  • 4. Professional BoundariesProfessional Boundaries • Limiting childrenLimiting children’’s behavior and your owns behavior and your own to establish and maintain an appropriateto establish and maintain an appropriate teacher-student relationship.teacher-student relationship.
  • 5. Healthy ProfessionalHealthy Professional BoundariesBoundaries • Will protect you in a multitude of waysWill protect you in a multitude of ways • Potential child abuse allegationsPotential child abuse allegations • Allegations of partialityAllegations of partiality • Privacy – yours and theirsPrivacy – yours and theirs • Religion – yours and theirsReligion – yours and theirs • Will help you keep the focus on learning inWill help you keep the focus on learning in your classroom.your classroom.
  • 6. Case Situation andCase Situation and Group InteractionGroup Interaction • Your classroom is next to a teacher/coach who is a winning and popularYour classroom is next to a teacher/coach who is a winning and popular coach. He/she is an excellent teacher and very popular in community,coach. He/she is an excellent teacher and very popular in community, perceived asperceived as “godly” for the last decade. Student athletes are always in“godly” for the last decade. Student athletes are always in his/her classroom before/after school and during the day. You hearhis/her classroom before/after school and during the day. You hear many conversations that seem to go beyond the normally acceptedmany conversations that seem to go beyond the normally accepted teacher student-teacher relationship. Occasionally you overhear parts ofteacher student-teacher relationship. Occasionally you overhear parts of conversations about after school meetings, discussion about social mediaconversations about after school meetings, discussion about social media interactions and stories about weekend parties. These discussions orinteractions and stories about weekend parties. These discussions or parts that you hear are both from males and females. You are aware thatparts that you hear are both from males and females. You are aware that the principal and administrative staff of the school division highly regardthe principal and administrative staff of the school division highly regard this teacher/coach for not only the winning school record and but thethis teacher/coach for not only the winning school record and but the level of academic achievement of his/her students.level of academic achievement of his/her students. • What problems do you see with this situation? How will you maintainWhat problems do you see with this situation? How will you maintain professional boundaries so that you donprofessional boundaries so that you don’’t replicate it?t replicate it?
  • 7. The Challenge of Being aThe Challenge of Being a New/Young TeacherNew/Young Teacher • Students will like you.Students will like you. • You may not feel much older than they are.You may not feel much older than they are. • You want to beYou want to be ““nicenice”” andand ““friendlyfriendly”” andand ““involvedinvolved””.. • You donYou don’’t want to be seen ast want to be seen as ““no fun.no fun.””
  • 8. What to do aboutWhat to do about ““huggyhuggy”” children?children?
  • 9. ““BusinesslikeBusinesslike”” We have important work to take care of atWe have important work to take care of at school.school. We can have a caring, supportive relationshipWe can have a caring, supportive relationship that supports learning (and includesthat supports learning (and includes appropriate humor) without compromisingappropriate humor) without compromising ourselves or our students.ourselves or our students. What does that look like? What does thatWhat does that look like? What does that sound like?sound like?
  • 11. But, you promised!But, you promised! • Emily comes to you before school and asks to talk. “You have toEmily comes to you before school and asks to talk. “You have to promise you won’t tell anybody.” Seeing how distraught Emily is,promise you won’t tell anybody.” Seeing how distraught Emily is, you readily agree and ask her what is wrong. Emily lifts the side ofyou readily agree and ask her what is wrong. Emily lifts the side of her shirt and reveals severe bruising down her entire side. “Myher shirt and reveals severe bruising down her entire side. “My dad got drunk again last night and was beating up on my mom. Idad got drunk again last night and was beating up on my mom. I tried to stop him.” You ask if the police were called. Emily startstried to stop him.” You ask if the police were called. Emily starts crying and says that if they call the police, her dad will kill her andcrying and says that if they call the police, her dad will kill her and her mom. He has been in prison before for killing someone andher mom. He has been in prison before for killing someone and has told them he will kill them if they tell anybody. You tell Emilyhas told them he will kill them if they tell anybody. You tell Emily you have to get her some help. She says, “but you promised youyou have to get her some help. She says, “but you promised you wouldn’t” and continues to cry.wouldn’t” and continues to cry. • What do you do?What do you do?
  • 12. Reporting RequirementsReporting Requirements • Under what circumstances must/should you report things youUnder what circumstances must/should you report things you know to someone else?know to someone else? • Suspicion of child abuse or neglectSuspicion of child abuse or neglect • a teacher is a mandated reportera teacher is a mandated reporter • Bullying of one student by another student or adultBullying of one student by another student or adult • possible negligence issuepossible negligence issue • Suspected drug or alcohol abuseSuspected drug or alcohol abuse • student assistance programs are available in many schoolsstudent assistance programs are available in many schools • Significant change in student behaviorSignificant change in student behavior • share with a guidance counselorshare with a guidance counselor • Anytime the health or welfare of a student may be in jeopardyAnytime the health or welfare of a student may be in jeopardy
  • 14. Negligence and PolicyNegligence and Policy • Definition of Negligence and PolicyDefinition of Negligence and Policy • Negligence – Incorrectly Doing OR Not Doing aNegligence – Incorrectly Doing OR Not Doing a job related function described or expected byjob related function described or expected by your job contract and/or related School Boardyour job contract and/or related School Board Policy, Regulation, State Law, State RegulationPolicy, Regulation, State Law, State Regulation or Administrative Directiveor Administrative Directive
  • 15. Negligence and PolicyNegligence and Policy • Understanding Negligence and Policy as aUnderstanding Negligence and Policy as a Professional EducatorProfessional Educator • The School DivisionThe School Division’s Responsibility’s Responsibility • Your ResponsibilityYour Responsibility • Legal Protection/DefenseLegal Protection/Defense
  • 16. Negligence and PolicyNegligence and Policy • Personal Stories and ExperiencesPersonal Stories and Experiences • AdviceAdvice • SuperintendentSuperintendent’s Actions’s Actions • School BoardSchool Board’s Actions’s Actions • Personal ExperiencesPersonal Experiences
  • 17. Negligence and PolicyNegligence and Policy • You are a second year teacher, it is beautiful spring afternoon andYou are a second year teacher, it is beautiful spring afternoon and you decide to take your afternoon class outside to complete ayou decide to take your afternoon class outside to complete a science lesson that is appropriately linked to the spring season. Youscience lesson that is appropriately linked to the spring season. You did this because it seemed to be a great opportunity to connect andid this because it seemed to be a great opportunity to connect an SOL standard to your planned activities. This was a spontaneousSOL standard to your planned activities. This was a spontaneous activity. While working outside with your students you noticed thatactivity. While working outside with your students you noticed that one student was missing. While you trying to be sure the studentone student was missing. While you trying to be sure the student wasnwasn’’t anywhere near, another student approaches you aboutt anywhere near, another student approaches you about being stung by a bee and her friend was telling you the student wasbeing stung by a bee and her friend was telling you the student was allergic to bee stings.allergic to bee stings. • What should you do?What should you do? • What should have you done prior to the lesson/action?What should have you done prior to the lesson/action? • Were you negligent?Were you negligent? • What follow up actions will you take?What follow up actions will you take?
  • 18. Negligence and PolicyNegligence and Policy • Summary of Key Points about NegligenceSummary of Key Points about Negligence and Policyand Policy • You are responsible for all Policy/RegulationsYou are responsible for all Policy/Regulations and Laws that govern your contract positionand Laws that govern your contract position • Seek membership in a professionalSeek membership in a professional organizationorganization • Asking forgiveness for negligence or policyAsking forgiveness for negligence or policy violation is NOT acceptableviolation is NOT acceptable
  • 19. Negligence and PolicyNegligence and Policy • Closing RemarksClosing Remarks • Become familiar with school handbooks andBecome familiar with school handbooks and written school policieswritten school policies • Become familiar with the School DivisionBecome familiar with the School Division’s’s Policy ManualPolicy Manual • Know where to find State Laws andKnow where to find State Laws and RegulationsRegulations • Be sure to have an advocate and mentorBe sure to have an advocate and mentor
  • 20. ““ItIt’’s better to ask forgiveness thans better to ask forgiveness than permission.permission.”” NOT!NOT!