Presentation on theme: "Adams County Induction 2011"— Presentation transcript:
1Adams County Induction 2011 EthicsProfessional Educator DisciplinePresented by:Carolyn AngeloGilbert R. GriffithsProfessional Standards and Practices Commission1
2PSPC MISSION AND COMPOSITION MISSION The PSPC is committed to providing leadership for improving the quality of education in this Commonwealth by establishing high standards for preparation, certification, practice and ethical conduct in the teaching profession.COMPOSITION7 classroom teachers including one educational specialist3 public school administrators; one a principal and one a commissioned officer1 administrator from higher ed. program2 members of general public; one a school board member
3Adams County Induction 2011 PSPC PRIMARY ROLESAdvisory – to the State Board and the DepartmentAdjudicatory – administration of the professional educator discipline systemCaretaker of Code of Conduct3
4STATUTORY AUTHORITY/JURISDICTION PROFESSIONAL EDUCATOR DISCIPLINE ACT24 P.S. section et seq.(Roles: Commission, PDE, School Entities)____________________________________All certificated professionalsCharter school staff membersPrivate academic schools /Indep. contractors
5PENNSYLVANIA’S CODE OF PROFESSIONAL PRACTICE AND CONDUCT FOR EDUCATORS Adopted in 1992Impacts every certificated educator and charter school staff membersA code to live by…
6CODE’S ESSENTIAL PRINCIPLES Commitment to excellenceCommitment to the value and dignity of each individualCommitment to act In a fiduciary capacity and to protect students*Commitment to modeling societal responsibilities *
7Exploiting a professional relationship; CODE’S PROHIBITIONSAccepting employment or encouraging employment in an area when not properly certified;Discriminating,Interfering with a student’s or colleague’s exercise of political/civil rights or responsibilities;Accepting gratuities, gifts or favors that might impair or appear to impair professional judgment;Exploiting a professional relationship;Misrepresenting student or colleague evaluations;Misrepresenting subject matter or curriculum
8CODE’S PROHIBITIONS Sexually harassing students or colleagues; Engaging in relationships of a sexual nature with students;Withholding evidence from authorities concerning violations of the Code;Using coercive means to influence professional decisions of colleagues; andThreatening, coercing or discriminating against a colleague who in good faith reports or discloses actual or suspected violations of laws, regulations, or standards.
9TYPES OF PROFESSIONAL DISCIPLINE Private reprimandPublic reprimandSuspensionRevocationSurrender in lieu of discipline
11NON-CRIMINAL MISCONDUCT IncompetencyIntemperanceNegligenceCrueltyImmoralityViolation of Act of May 29, 1931Violation of the Code of ConductNON-CRIMINALCRIMINAL
12NON-CRIMINAL CRIMINAL CRIMINAL CONDUCTNON-CRIMINALCRIMINALConviction/indictment of a crime involving moral turpitudeConviction/indictment of a crime listed in section 111(e)
13DEFINITION OF MORAL TURPITUDE That element and personal misconduct in the private and social duties which a person owes to his fellow human beings or to society in general, which characterizes the act done as an act of baseness, vileness or depravity, and contrary to the accepted and customary rule of right and duty between two human beings;Conduct done knowingly contrary to justice, honesty or good morals;Intentional, knowing or reckless conduct causing bodily injury to another or intentional, knowing or reckless conduct which, by physical menace, puts another in fear of imminent serious bodily injury. 123
14CRIMES DETERMINED TO INVOLVE MORAL TURPITUDE BY COMMISSION Bank RobberyBurglaryDefrauding Public WelfareFalsely Altering Military RecordsFalsifying Business RecordsForgeryFraudulent Use of Credit CardsGrand LarcenyHomicide by VehicleInsurance FraudMail FraudWire FraudMaking False Statements to Federal AgencyMoney Laundering of Drug Trafficking ProceedsObstruction of JusticePharmacy Act, Violation ofReceiving Stolen PropertyTheft by DeceptionTheft by Failure to Make Required Disposition of FundsTheft By Unlawful TakingTrafficking in Counterfeit GoodsUnlawful Restraint
15SECTION 111(e) CRIMES Criminal homicide Rape Aggravated assault KidnappingUnlawful restraintSexual assaultStatutory sexual assaultIndecent assaultIncestIndecent exposureInvoluntary deviate sexual intercourseObscene/sexual materials or performancesSexual abuse of childrenProstitution (felony)Felonies under Controlled Substance Drug, Device and Cosmetic ActCorruption of minorsStalkingAggravated indecent assaultConcealing death of childEndangering welfare of childrenDealing in infant childrenInstitutional sexual assault*Luring a child into a motor vehicle or structure*Sexual intercourse with an animal*Unlawful contact with a minor*Solicitation of minors to traffic drugs*Sexual exploitation of children*OUT OF STATE/ FEDERAL CRIMES
16Adams County Induction 2011 ADDITIONAL CHANGES TO SECTION 111(e) OF PUBLIC SCHOOL CODE UNDER ACT 24Lifetime employment ban for convictions of crimes falling under section (e)10 year employment ban for other felonies not enumerated in section (e)5 year ban for misdemeanors of the first degree3 year employment ban for >1 conviction for DUI that is misdemeanor of 1st degreeRemoved retroactive prohibition on requiring fingerprinting of current employees16
17SOME STATISTICS Complaints filed in 2011: 256 Complaints filed in 2012 to date: 181Current open cases:Current high priority: (sexual or physical use)2010 DISCIPLINE BREAKDOWN104 CASES INVOLVED SEXUAL MISCONDUCT2011 DISCIPLINE BREAKDOWN80 CASES INVOLVED SEXUAL MISCONDUCT
18CURRENT MANDATORY REPORTING UNDER PROF. ED. DISC. ACTDismissal For CauseReasonable Belief Of Sexual Abuse/Exploitation Or Physical Injury As Result Of Negligence Or MaliceCriminal Indictment/Conviction For Crime Involving Moral Turpitude Or Section 111(e)
19PROPOSED MANDATORY REPORTING Chief school administrator shall report within 15 days:(1) Any educator who has been provided notice of school’s intent to dismiss, non-renew, not rehire, etc., for cause(2) Any educator who has been arrested, indicted or convicted of any crime that is graded a misdemeanor or felony(3) Any educator against whom allegations have been made that the educator has:(i) caused physical injury to a student or child as a result of negligence or malice;(ii) has committed sexual abuse or exploitation involving a student or child; or(iii) has engaged in sexual misconduct with a student or child.Any educator who has resigned, retired or otherwise separated from employment after a school entity has received notice of alleged misconductAny educator about whom the school entity has filed a mandatory report under Child Protective Services Law.
20PROPOSED DEFINITION OF SEXUAL MISCONDUCT “Sexual misconduct” shall mean any act, including but not limited to any verbal, non-verbal, written or electronic communication or physical activity, directed towards or with a child or a student regardless of the age of the child or student that is designed to establish a romantic or sexual relationship with the child or student. Such prohibited acts include but are not limited to:(1) sexual or romantic invitations;(2) dating or soliciting dates;(3) engaging in sexualized or romantic dialogue;(4) making sexually suggestive comments;(5) self-disclosure or physical exposure of a sexual, romantic or erotic nature; or(6) any sexual, indecent, romantic or erotic contact with the child or student.The consent of a child or a student to engage in sexual misconduct may not be a defense or a mitigating factor in any discipline proceeding under this act.