Presentation on theme: "Protecting Yourself From Yourself A Common Sense Guide for Young (and Veteran) Teaching Professionals."— Presentation transcript:
Protecting Yourself From Yourself A Common Sense Guide for Young (and Veteran) Teaching Professionals
Why? Asked to speak to Charleston CUSD 1 employees on appropriate staff/student relationships (e.g. text messaging, , website posting, out-of-school social interactions, etc.) Asked to speak to Charleston CUSD 1 employees on appropriate staff/student relationships (e.g. text messaging, , website posting, out-of-school social interactions, etc.) Hearing disparaging reports of unethical practices among educators Hearing disparaging reports of unethical practices among educators
Why? Growing concern over recent issues and incidents nationwide and locally… Growing concern over recent issues and incidents nationwide and locally… Review of Illinois law with regard to obligations and responsibilities of licensed teachers Review of Illinois law with regard to obligations and responsibilities of licensed teachers Provide guidance to career-minded teaching professionals Provide guidance to career-minded teaching professionals
I take the view, and always have, that if you cannot say what you are going to say in twenty minutes, you ought to go away and write a book about it. I take the view, and always have, that if you cannot say what you are going to say in twenty minutes, you ought to go away and write a book about it. - Lord Brabazon ( ) - Lord Brabazon ( )
Mandatory PowerPoint Graph
Mandatory Reference to Leadership
Latest Teacher Sex Scandal: 47-Year-Old Middle School Teacher Allegedly Gave Drugs to High School Boys, Performed Sex Acts on Them A 47-year-old middle school teacher is in trouble over allegations of sex and drugs involving high school boys who came over to her house to visit her teenaged daughter. Susan Sharp, a teacher at New Madrid Central Middle School, was charged with four felony counts involving boys who attend New Madrid Central High School in Southeast Missouri, including statutory rape, 2 counts of sodomy, and giving drugs to minors. These incidents came to light after one boy was admitted to a hospital for overdosing on prescription tranquilizer Xanex. It was there that he told investigators that Sharp provided him and his friends with alcohol and drugs. According to one report, one parent claimed her son was at Sharp's house one night last week and saw Sharp perform sexual favors for two of the boys.
Teacher Jailed For Sex Abuse Forty-four year old drama instructor, Karen Draper, pleaded guilty in June to two counts of forcible sex abuse of a child, a second-degree felony, and two counts of unlawful sexual conduct with a 16-year-old, a third-degree felony. Draper testified Friday that she was suffering memory lapses and was apparently in a "dream state" when she had sexual contact with the boy over several months. Recognizing, however, that Draper had made progress through counseling, Judge Burningham sentenced her to one year in the Utah County Jail and ordered her to pay all of the boy's counseling fees.
Male Teacher Brings His Toddler Along for Sex With 13-Year-Old Girl Alan Schaefer, 43, a New York City school teacher, was arrested after he took his toddler with him on a would-be tryst in Greenwich Village where he thought he was meeting up with a 13-year-old girl. According to police, most men in this situation try to be discreet, but Schaefer must have decided it was okay to show up with his 14-month-old son, even though he and the girl he met over the Internet had already agreed they would have sex at her place. Schaefer was charged with attempted sexual abuse, the attempted dissemination of indecent materials, endangering the welfare of a child, his son, and attempted endangering the welfare of a child, the officer, whom he believed to be underage
High School Teacher Plea Agreement Negotiation Breaks Down The case of a Florida middle school teacher, accused of having sex with her 14- year-old student, took another bizarre turn as plea agreement negotiations broke down. The defense attorney for teacher Debra Lafave rejected the prosecution's plea deal involved ``significant prison time." If convicted she could get 15 years in prison on each of two charges of lewd and lascivious battery.
San Mateo Teacher Charged With Unlawful Sex A Redwood City private school teacher is in custody on $175,000 bail for allegedly having a sexual relationship with a 16-year-old student, the San Mateo County district attorney's office reports. Joan Marie Sladky, 27, is charged with four counts of unlawful sexual intercourse, penetration with a foreign object and oral copulation in connection with the alleged relationship with the teen between December 2003 and January Sladky is a high school Spanish teacher and the alleged victim is her pupil at a private Baptist school in unincorporated Redwood City. The defendant and her student allegedly had sex once at the student's home and three times at Sladky's home, which is on the church/school property. In May, Redwood City teacher Rebecca Boicelli reached a plea agreement regarding her relationship with a teenage former student, with whom she had a child. Sladky was arrested early Wednesday morning and appeared in San Mateo County Superior court on Wednesday afternoon. She pleaded not guilty to the charges.
Teacher traded grades for arson A chemistry teacher who was at least three months behind on her car payments gave passing grades to two failing students who stole and burned her car so she could collect insurance money. Aldine Senior High School teacher Tramesha Lashon Fox, 32, was charged with insurance fraud and arson, and the two students were charged with arson. The teens initially thought her scheme was a joke, but Fox continued to pursue them, Deutsch said. On May 27, the last day of school, the students took the unlocked 2003 Chevrolet Malibu from a shopping mall, drove it to a wooded area and set it on fire. Fox reported the theft that day, after already having bought a 2005 Toyota Corolla, investigators said. She owed about $20,000 on the Chevrolet and had been facing repossession
Another NY High School Teacher Sex Scandal Kyle Sabo, 25, who teaches social studies at his alma mater, Division Avenue High School in Levittown, has been charged with having sex with two students - one boy and one girl, according to police. Their investigation says that Sabo tried to lure victims to a local ski equipment store where he worked part time, after it was closed. When that didn't work, he used his car and the bedroom of his parents' Levittown home... where he still lives. Sabo has been charged with rape and sodomy of the girl and two counts of sodomy with the boy
Music Teacher Shows Girls Proper Singing Technique With His Hands Up Their Shirts Victor Rodriguez, 49, who taught at Marina High School in Huntington Beach, California was charged with fondling six teenage students during singing lessons. According to police, between February 2003 ad December 2004, he allegedly took girls, ages 14 to 17, into a closed room, under the pretense that he would be assess their voices. Once there though, Rodriguez allegedly put his hands under the girl's shirts and touched their breasts while pretending to show them the location of their diaphragms
Second Grade Teacher Arrested for Selling Meth to "Make Extra Money" Jolene Cortez, a second-grade teacher at Conestoga Elementary school in Omaha was arrested on a charge of possession of methamphetamine with intent to deliver. Prosecutors said Cortez told cops she was selling the drugs to make extra money.
Special Education Teacher Arrested on Nine Felony Charges Schmeca White, 27, a former aide at Greene Intermediate Center is in a South Bend jail after her arrest on nine felony charges of inappropriate sexual activities with the special education students she was supposed to be supervising. White is accused of touching one 14-year-old girl’s private parts and holding down the same girl while another student touched her. She's also accused of giving a “lap dance” to a 15-year-old boy and making an 11-year-old boy commit a sexual act on her and on at least one occasion, it's alleged that she stripped and touched her naked body provocatively in front of the class.
High School Science Teacher Arrested According to police Earl Thomas Roske, 41 a Leland High School teacher since 1988, was arrested not only because he had sex with at least two female students, but because he also used a Web camera to send them sexually explicit images. He used his chemistry classroom as a makeshift studio to take sexually explicit photographs of the girls.
Brevard fires teacher accused in sex cases He is charged with sexually battering two of his students. Now, Endeavour Elementary School teacher Daniel Cliatt has been fired by the Brevard County School District. Cliatt is charged with 152 counts of sexual battery and lewd and lascivious acts on two male students. Matthews was also expecting to forward information from four other potential victims to the state attorney's office by Friday. The sixth-grade teacher taught at the Cocoa school for five years and had a scheduled salary of $30,925 this year. He was arrested on April 23 after another instructor spotted him acting inappropriately with a student, Cocoa Police Detective Barbara Matthews said.
Middle School Teacher Arrested Police in East Texas have arrested a middle school teacher. Investigators in Atlanta say it came after a parent complained about some inappropriate conduct between the teacher and a 13 year old boy. 30 year old Julie Davis surrendered to Atlanta Police Tuesday morning. Chief Mike Dupree says she`s been charged with furnishing alcohol to a minor. Dupree says allegations surfaced about three weeks ago at Atlanta middle school where Davis teaches. Police say a parent of a 13 year old student filed a complaint after hearing that her son was given alcohol. The school district immediately suspended the teacher and then contacted the Atlanta police department. Chief Dupree says investigators interviewed-several witnesses and gathered enough evidence to issue a warrant for Davis`s arrest. Davis was booked into the Cass county jail, but is now free on 2,500 dollar bond.
Local Teacher Facing More Charges Karlie Hall, 31, a teacher at Hudson Falls High School in upstate New York already faces charges of having inappropriate sexual contact with one of her students after being accused of exchanging sexual s with a 14-year-old student and baring her breast to him and a friend. Now Hall also faces charges of forgery, accused of forging checks and cashing them at the Quarters Rental Agency in Lake George where she once worked. She has since resigned her position with the Hudson Falls School District. Hall was sent to jail on $80,000 bail.
Bilingual Teacher Arrested for Sex With Teen Mario Garcia, 33, has been charged with criminal sexual assault for allegedly having a sexual relationship with a 14-year-old pupil. Garcia allegedly had a sexual relationship with the girl going back to March, and the "incidents had been occurring at the school after hours."
Driver’s Education Instructor Accused of Fondling Students A Pompano Beach, Florida instructor couldn't keep his hands off a 17-year-old girl and was arrested this week. According to police, the instructor, Kenneth J. Sylvester, 43, admitted to not only that incident, but also boasted that he intentionally fondled as many as 30 other females, both juveniles and adults, during driving lessons in the past two years. The victim told police that as she drove, Sylvester would place his hand on her thigh to get her to brake and this occurred about 15 times over three days of instruction. She also claimed that Sylvester cupped one of her breasts about 10 times while she was driving in reverse.
WA Teacher Convicted of Sexually Exploiting Minors A high school teacher was convicted of 10 counts of sexually exploiting minors. Dennis Peterson, 50, persuaded several teenage girl students at the Sequim Community School to pose nude for photographs he then, in one case, sent to an Internet Web site. Peterson was convicted after a 5 day trial. He faces up to 190 years in prison when sentenced by US District Judge Franklin Burgess in Tacoma, WA on March 15, 2002.
A deputy of the Effingham County Sheriff’s Department escorts Dan Sarver, Dieterich High School principal, to the Effingham County Courthouse Thursday morning to face charges accusing him of committing a sexual act with a student.
Ex-Unit 5 teacher pleads guilty to molesting second-graders
What do each of these stories have in common?
A Breach of Trust with Children
Your License to Teach
105 ILCS 5/21-1 Sec. 21 ‑ 1. Qualification of teachers No one may be certified to teach or supervise in the public schools of this State who is not of good character, of good health, a citizen of the United States or legally present and authorized for employment, and at least 19 years of age.
“…In determining good character under this Section, any felony conviction of the applicant may be taken into consideration, but such a conviction shall not operate as a bar to registration…”
The State Tells Us What To Teach…
"...it is a truth, however sad and strange, that we cannot give what we have not got, and cannot teach to other people what we do not know ourselves." "...it is a truth, however sad and strange, that we cannot give what we have not got, and cannot teach to other people what we do not know ourselves." -- G.K. Chesterton
Subjects Required by Law: Language Arts Biological & Physical Sciences Mathematics Social Sciences Fine Arts Health & Physical Development
The Law Also Requires Us To Teach… Respect Fairness Caring Trustworthiness Citizenship Honesty Kindness Justice Discipline Moral Courage So…what am I… Their parent?
“The Seeds of My Example Shall Grow Into Trees In Their Lives” - The Vedas
Why Lou Reed Was Wrong (about the Wild Side) How To Lose Your License Without Really Trying OR
(105 ILCS 5/21 ‑ 23) (from Ch. 122, par. 21 ‑ 23) Sec. 21 ‑ 23. Suspension or revocation of certificate. Any certificate issued … may be suspended for a period not to exceed one calendar year by the regional superintendent or for a period not to exceed 5 calendar years by the State Superintendent of Education upon evidence of: immorality a condition of health detrimental to the welfare of pupils incompetence Unprofessional conduct The neglect of any professional duty Willful failure to report an instance of suspected child abuse or neglect Failure to establish satisfactory repayment on an educational loan
(105 ILCS 5/21 ‑ 23) (from Ch. 122, par. 21 ‑ 23) Sec. 21 ‑ 23. Suspension or revocation of certificate. Unprofessional conduct Unprofessional conduct shall include refusal to attend or participate in, institutes, teachers' meetings, professional readings, or to meet other reasonable requirements of the regional superintendent or State Superintendent of Education. Unprofessional conduct Unprofessional conduct also includes conduct that violates the standards, ethics, or rules applicable to the security, administration, monitoring, or scoring of, or the reporting of scores from, any assessment test or the Prairie State Achievement Examination
(105 ILCS 5/21 ‑ 23) (from Ch. 122, par. 21 ‑ 23) Sec. 21 ‑ 23. Suspension or revocation of certificate. shall upon receipt of evidence The regional superintendent or State Superintendent of Education shall upon receipt of evidence…serve written notice to the individual and afford the individual opportunity for a hearing prior to suspension. teacher has an opportunity for a hearing at the educational service region No certificate shall be suspended until the teacher has an opportunity for a hearing at the educational service region. The State Board may refuse to issue or may suspend the certificate of any person who fails to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied. Any certificate issued … may be suspended …upon evidence that the holder of the certificate has been named as a perpetrator in an indicated report filed pursuant to the Abused and Neglected Child Reporting Act
(105 ILCS 5/21 ‑ 23a) Conviction of sex or narcotics offense Sec. 21 ‑ 23a. Conviction of sex or narcotics offense, first degree murder, attempted first degree murder, or Class X felony as grounds for revocation of certificate. Whenever the holder of any certificate … has been convicted of any sex offense or narcotics offense …, the regional superintendent or the State Superintendent of Education shall forthwith suspend the certificate. If the conviction is reversed and the holder is acquitted of the offense in a new trial or the charges against him are dismissed, the suspending authority shall forthwith terminate the suspension of the certificate. When the conviction becomes final, the State Superintendent of Education shall forthwith revoke the certificate.
(105 ILCS 5/21 ‑ 23a) Conviction of sex or narcotics offense Sec. 21 ‑ 23a. Conviction of sex or narcotics offense, first degree murder, attempted first degree murder, or Class X felony as grounds for revocation of certificate. Sex offense " Sex offense " as used in this Section means any one or more of the following offenses: (1)any offense defined in Sections 11 ‑ 6 and 11 ‑ 9 and Sections 11 ‑ 14 through 11 ‑ 21, inclusive, and Sections 12 ‑ 13, 12 ‑ 14, 12 ‑ 14.1, 12 ‑ 15 and 12 ‑ 16 of the "Criminal Code of 1961"; (2) any attempt to commit any of the foregoing offenses (2) any attempt to commit any of the foregoing offenses, and (3)any offense committed or attempted in any other state which, if committed or attempted in this State, would have been punishable as one or more of the foregoing offenses.
Illinois Criminal Code of 1961 Sec Indecent solicitation of a child. Sec Indecent solicitation of an adult. Sec Public indecency. Sec Sexual exploitation of a child. Sec Custodial sexual misconduct. Sec Sexual exploitation of a child. Sec Prostitution. Sec Solicitation of a sexual act. Sec Soliciting for a prostitute. Sec Soliciting for a Juvenile Prostitute. Sec Pandering.
Illinois Criminal Code of 1961 Sec Keeping a Place of Prostitution Sec Keeping a Place of Juvenile Prostitution. Sec Patronizing a prostitute. Sec Patronizing a juvenile prostitute. Sec Pimping. Sec Juvenile Pimping and aggravated juvenile pimping. Sec Exploitation of a child. Sec Obscenity. Sec Child pornography. Sec Harmful material.
Illinois Criminal Code of 1961 Sec Criminal Sexual Assault. Sec Aggravated Criminal Sexual Assault. Sec Predatory criminal sexual assault of a child. Sec Criminal sexual abuse. Sec Aggravated Criminal Sexual Abuse.
(105 ILCS 5/21 ‑ 23a) Conviction of sex or narcotics offense Sec. 21 ‑ 23a. Conviction of sex or narcotics offense, first degree murder, attempted first degree murder, or Class X felony as grounds for revocation of certificate. Narcotics offense " Narcotics offense " as used in this Section means any one or more of the following offenses: (1)any offense defined in the "Cannabis Control Act" except those defined in Sections 4(a), 4(b) and 5(a) of that Act and any offense for which the holder of any certificate is placed on probation under the provisions of Section 10 of that Act and fulfills the terms and conditions of probation as may be required by the court; (2)any offense defined in the "Illinois Controlled Substances Act" except any offense for which the holder of any certificate is placed on probation under the provisions of Section 410 of that Act and fulfills the terms and conditions of probation as may be required by the court; (3)any attempt to commit any of the foregoing offenses (3)any attempt to commit any of the foregoing offenses; and (4)any offense committed or attempted in any other state or against the laws of the United States which, if committed or attempted in this State, would have been punishable as one or more of the foregoing offenses.
Conviction of felony (105 ILCS 5/21 ‑ 23b) (from Ch. 122, par. 21 ‑ 23b) Sec. 21 ‑ 23b. Conviction of felony (a)Whenever the holder of any certificate … is convicted, either after a bench trial, trial by jury, or plea of guilty, of any offense for which a sentence to death or a term of imprisonment in a penitentiary for one year or more is provided, the school board shall promptly notify the State Board of Education in writing of the name of the certificate holder, the fact of the conviction, and the name and location of the court in which the conviction occurred. Teachers' Retirement System of the State of Illinois (b) Whenever the State Board of Education receives notice of a conviction … (it) shall promptly notify in writing the board of trustees of the Teachers' Retirement System of the State of Illinois and the board of trustees of the Public School Teachers' Pension
Illinois Administrative Rules Revoked Certificates Section Revoked Certificates all other states When a certificate is revoked in Illinois, all other states and possessions of the United States shall be informed of such action.
Back to that question… What am I…their parent? …as a matter of fact…you are.
In loco parentis In a child’s life, parents and teachers hold recognized and dominant positions of trust No harm betrays the trust between educator and student more than the mental, physical, or sexual abuse of a student
Parents have a cluster of rights regarding the upbringing of their children. From these rights accrue responsibilities When parents send their children to school, in accordance with compulsory education laws, the school, through its educators, assumes some of the duties owed by the parent to the child Schools assume custody of students while they are deprived of the protection of their parents while attending school. The doctrine in loco parentis encompasses the common law view of the legal status of minors in the public school setting. Acting in the place of parents is an accepted and expected role assumed by educators and their schoolsActing in the place of parents is an accepted and expected role assumed by educators and their schools
The United States Supreme Court noted that there exists an “obvious concern on the part of parents, and school authorities acting in loco parentis, to protect children— especially in a captive audience—from exposure to sexually explicit, indecent, or lewd speech. English common law Parens patriae originates from the English common law where the King had a royal prerogative to act as guardian to persons with legal disabilities such as infants. duty to protect In the United States, the parens patriae function belongs with the states. Through this doctrine, the state has the power as well as the duty to protect its minor citizens. The doctrine of parens patriae supports the concept of schools acting in loco parentis to protect students.
The concept of teachers standing in loco parentis holds them to the same standard of reasonableness as parents. This is important because in cases of students being sexually abused by an educator, the imputation of in loco parentis to educators does not arise within the need to discipline the child. Protecting a child duty owed to the child/student. Protecting a child is not asserted as a right of the parent or surrogate (or teacher), but rather as a duty owed to the child/student.
duty to protect The schools and its educators stand in loco parentis bearing the responsibility of the duty to protect students. Both duty and privilege are imputed to educators. duty to protect duty to protect Parents have a duty to protect their children on penalty of termination of parental rights. The schools, when acting in place of the parent, have a similar duty to protect students placed in their charge.
Ethical Principles of Teaching Principle 1: Content Competence. A Teacher maintains a high level of subject matter knowledge and ensures that classroom content is current, accurate, representative, and appropriate to the curriculum. A Teacher maintains a high level of subject matter knowledge and ensures that classroom content is current, accurate, representative, and appropriate to the curriculum.
Ethical Principles of Teaching Principle 2: Pedagogical Competence. A pedagogically competent Teacher communicates the objectives of the course to students and is aware of alternative instructional methods and strategies. A pedagogically competent Teacher communicates the objectives of the course to students and is aware of alternative instructional methods and strategies.
Ethical Principles of Teaching Principle 3: Student Development. The overriding responsibility of the Teacher is to contribute to the intellectual development and invoke critical thinking of students, at least in the context of the Teacher’s own area of expertise. The overriding responsibility of the Teacher is to contribute to the intellectual development and invoke critical thinking of students, at least in the context of the Teacher’s own area of expertise.
Ethical Principles of Teaching Principle 4: Valid assessment of students. Given the importance of assessment of student performance in learning and careers, we are responsible for taking adequate steps to ensure that assessment of students is valid, open, fair, and congruent with curriculum objectives. Given the importance of assessment of student performance in learning and careers, we are responsible for taking adequate steps to ensure that assessment of students is valid, open, fair, and congruent with curriculum objectives.
Ethical Principles of Teaching Principle 5: Dual relationship with student. To avoid conflict of interest, a Teacher does not enter into dual-role relationships with students that are likely to detract from student development. To avoid conflict of interest, a Teacher does not enter into dual-role relationships with students that are likely to detract from student development.
Ethical Principles of Teaching Principle 6: Confidentiality. Student grades, attendance records, and private communications are treated as confidential materials, and are released only with student consent, or for legitimate academic purposes. Student grades, attendance records, and private communications are treated as confidential materials, and are released only with student consent, or for legitimate academic purposes.
Ethical Principles of Teaching Principle 8: Respect for Institution. In the interests of student development, a Teacher is aware of and respects the educational goals, policies, and standards of the institution in which he or she teaches. In the interests of student development, a Teacher is aware of and respects the educational goals, policies, and standards of the institution in which he or she teaches.
Fulfillment of Professional Responsibilities The educator shall not interfere with the exercise of political and citizenship rights and responsibilities of students, colleagues, parents, school patrons, or school board members. Shall not discriminate on the basis of race, color, creed, sex, marital status, age, national origin, ethnic background, or handicapping condition.
Fulfillment of Contractual and Professional Responsibilities Shall not use coercive means, or promise or provide special treatment to students, colleagues, school patrons, or school board members in order to influence professional decisions. Shall not make any fraudulent statement or fail to disclose a material fact for which the educator is responsible.
Fulfillment of Contractual and Professional Responsibilities Shall not exploit professional relationships with students, colleagues, parents, school patrons, or school board members for personal gain or private advantage. Shall not sexually harass students, parents or school patrons, employees, or board members
Fulfillment of Contractual and Professional Responsibilities Shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation in the performance of professional duties.
Reputation Management You will be Googled…count on it. You will be Googled…count on it. Huge implications for professional success Huge implications for professional success Reputation is a public perception Reputation is a public perception Living on “The Pedestal” Living on “The Pedestal”
Reputation Management It seemed like such a good idea at the time
Reputation Management Facebook, MySpace, Twitter, etc. Facebook, MySpace, Twitter, etc. “No reasonable person would have an expectation of privacy…” 5 th Dist. Ct of Appeals “No reasonable person would have an expectation of privacy…” 5 th Dist. Ct of Appeals Employees of educational institutions face higher scrutiny in the community due to their role as educators and caretakers. Employees of educational institutions face higher scrutiny in the community due to their role as educators and caretakers.
Reputation Management Courts look at a nexus between off-duty posting and the district’s business Courts look at a nexus between off-duty posting and the district’s business If a nexus is established, districts can then assess whether disciplinary action is warranted. If a nexus is established, districts can then assess whether disciplinary action is warranted.
Reputation Management Students as “Friends” in the Era of Social Networking Students as “Friends” in the Era of Social Networking Appropriate professional boundaries for a teacher- student relationship may be blurred Appropriate professional boundaries for a teacher- student relationship may be blurred
Parting Thoughts To be treated as a professional, you must earn that distinction To be treated as a professional, you must earn that distinction
Reputation Management is as simple as Binary Sudoku Really!