An Educator’s Ethical Responsibilities

The Education Professional Standards Board has the authority and responsibility to establish standards and requirements for obtaining and maintaining a teaching certificate. KRS 161.028(1)(a).

The EPSB has specifically been given the authority to sanction an educator’s certificate in the following manner: Revoke, suspend, or refuse to issue or renew; Impose probationary or supervisory conditions upon; Issue a written reprimand or admonishment; or Any combination of those actions.

EPSB’s Application Review Any “yes” answer requires that the Board review the application. Application is submitted to Legal Services staff and a summary of the self-reported details is prepared and presented at the next regularly-scheduled board meeting. There are no grounds for automatic denial of certification, however, state law prohibits a superintendent from hiring a violent offender or a person convicted of a felony sex crime.

EPSB’s Application Review When reviewing a conviction or convictions, the Board considers, among other things, the following: The nature of the offense; If any children or minors were involved; The amount of time that has passed since the conviction; and If any terms of a sentence or probation were fulfilled.

Right to Appeal EPSB’s Decision If the EPSB denies an applicant a certificate, the applicant may appeal that decision and is entitled to an administrative hearing where the applicant may present evidence that he or she is fit to be a teacher.

Actions against certified educators Disciplinary Review Actions against certified educators

EPSB’s Disciplinary Authority The EPSB may take action against a certificate for any misconduct described in KRS 161.120(1) including violations of the Professional Code of Ethics for Kentucky Certified School Personnel.

Complaints The EPSB receives complaints from a variety of sources including parents, KEA, other state agencies like OEA, CHFS, and KDE, as well as from media postings. However, the largest amount of cases are initiated from Superintendent Reports.

A superintendent has the duty to report in writing to the EPSB any certified school employee in the superintendent’s district: 1) Whose contract is terminated or not renewed, for cause except failure to meet local standards for quality of teaching performance prior to the employee gaining tenure; 2) Who resigns from, or otherwise leaves, a position under threat of contract termination, or nonrenewal, for cause; 3) Who is convicted in a criminal prosecution; or 4) Who otherwise may have engaged in any actions or conduct while employed in the school district that might reasonably be expected to warrant consideration for action against the certificate.

Complaint Review EPSB Division of Legal Services’ Staff reviews all complaints and reports received. If the complaint or report contains credible allegations that if proven true would constitute a violation of KRS 161.120 or the Code of Ethics has occurred, a disciplinary case is initiated against the educator.

Initiating a Disciplinary Case An educator is immediately notified when a disciplinary case is opened against him or her and given thirty (30) days from the day of receipt to respond to the allegations in the initial complaint or report. Upon receipt of the rebuttal or after 30 days, which ever comes first, the case is prepared for review by the EPSB at its next regularly scheduled board meeting.

Board Review The EPSB reviews a summary of the initial complaint or report and the educator’s rebuttal in full with all identifying information redacted.

The EPSB may make the following determination after the initial review: Dismiss; Defer for Training; Admonish; or Refer to full investigation and potential hearing.

EPSB’s Hearing Process If referred to a full investigation, the case is assigned to an attorney and fully investigated. The attorney may make settlement offers to the educator if he or she finds the allegations have merit. If settlement negotiations are not successful or if the EPSB rejects the settlement, a case may be heard.

EPSB’s Hearing Process The EPSB attorney must prove the allegations occurred by a preponderance of the evidence in order for the EPSB to find a violation and sanction the educator’s certificate. Educator does have a right to appeal the EPSB’s decision in Franklin Circuit Court.

EPSB’s Disciplinary Process This process is independent of the district’s disciplinary and the tribunal process described in KRS 161.790.

  2013 2012 2011 2010 2009 Probable Cause Cases 297 269 321 278 239 Character and Fitness 242 337 275 281 234 Complaints 769 755 728 745  No Data

  2013 2012 2011 2010 2009 Dismissal 46 (13%) 61 (19%) 49 (14%) 50 (17%) 39 (16%) Admonish 62 (18%) 48 (15%) 72 (21%) 63 (21%) 45 (19%) Defer for Training 44 (12.5%) 33 (10%) 35 (10%) 60 (20%) 43 (18%) Defer for More Information 9 (2.5%) 6 (2%) Hear 189 (54%) 170 (54%) 192 (55%) 126 (42%) 112 (47%) Total 350 318 348 299 239

2013 2012 2011 2010 2009 Suspensions 29 38 41 81 Revocations 16 26 32   2013 2012 2011 2010 2009 Suspensions 29 38 41 81 Revocations 16 26 32 45 23 Total Agreed Orders 154 140 158 206 115 Final Orders 3 (3 permanent revocations) 4 (3 permanent revocations and 1 Order supporting Denial of Motion to Rescind) 8 (1 dismissing a KTIP appeal, 1 issuing admonishment w/ training, 1 dismissing, 1 barring further application for certification, and 4 permanent revocations) 12 (1 dismissing KTIP appeal, 1 issuing an admonishment, 1 denying reissuance of a certificate until completion of mental health assessment, 1 suspending the certificate for 20 days, 1 one year suspension, 1 two year suspension, and 6 orders permanently revocation) 6 (2 one year suspension and training, 3 revocations, and 1 4 day suspension)

Misconduct under KRS 161.120: a) Convictions for felonies, certain misdemeanors, and any misdemeanor involving a student; b) Having sexual contact with a student or a minor; c) Committing any act that constitutes fraudulent, corrupt, dishonest, or immoral conduct; d) Demonstrating willful or careless disregard for the health, welfare, or safety of others; e) Physical or mental incapacity that prevents the educator from performing duties with reasonable skill, competence, or safety; f) Possessing, using, or being under the influence of alcohol, which impairs the performance of duties; g) Unlawfully possessing or unlawfully using a drug during the performance of duties; h) Incompetency or neglect of duty; i) Falsifying information in an effort to obtain or renew a certificate; j) Failing to report misconduct; k) Failing to comply with an order of the EPSB; l) Violating any state statute relating to schools or the teaching profession; m) Violating the Professional Code of Ethics; n) Violating any administrative regulation promulgated by the EPSB or KDE; or o) Discipline from another licensing or certifying jurisdiction on grounds that constitute a violation in Kentucky

Professional Code of Ethics for Kentucky Certified School Personnel

Separated into three categories of Responsibilities: To Students To Parents To the Education Profession

TO STUDENTS Shall provide students with professional education services in a nondiscriminatory manner and in consonance with accepted best practice known to the educator. Shall respect the constitutional rights of all students. Shall take reasonable measures to protect the health, safety, and emotional well-being of students. Shall not use professional relationships or authority with students for personal advantage. Shall keep in confidence information about students which has been obtained in the course of professional service, unless disclosure serves professional purposes or is required by law. Shall not knowingly make false or malicious statements about students or colleagues. Shall refrain from subjecting students to embarrassment or disparagement. Shall not engage in any sexually related behavior with a student with or without consent, but shall maintain a professional approach with students. Sexually related behavior shall include such behaviors as sexual jokes; sexual remarks; sexual kidding or teasing; sexual innuendo; pressure for dates or sexual favors; inappropriate physical touching, kissing, grabbing; rape; threats of physical harm; and sexual assault.

TO PARENTS Shall make reasonable effort to communicate to parents information which should be revealed in the interest of the student. Shall endeavor to understand community cultures and diverse home environments of students. Shall not knowingly distort or misrepresent facts concerning educational issues. Shall distinguish between personal views and the views of the employing educational agency. Shall not interfere in the exercise of political and citizenship rights and responsibilities of others. Shall not use institutional privileges for private gain, for the promotion of political candidates, or for partisan political activities. Shall not accept gratuities, gifts, or favors that might impair or appear to impair professional judgment, and shall not offer any of these to obtain special advantage.

TO THE EDUCATION PROFESSION Shall exemplify behaviors which maintain the dignity and integrity of the profession. Shall accord just and equitable treatment to all members of the profession in the exercise of their professional rights and responsibilities. Shall keep in confidence information acquired about colleagues in the course of employment, unless disclosure serves professional purposes or is required by law. Shall not use coercive means or give special treatment in order to influence professional decisions. Shall apply for, accept, offer or assign a position or responsibility only on the basis of professional preparation and legal qualifications. Shall not knowingly falsify or misrepresent records of facts relating to the educator’s own qualifications or those of other professionals.

The Top Ten Ways to Lose your Certificate

#10: Breach of Contract No teacher shall be permitted to terminate his or her contract within fifteen (15) days prior to the first instructional day of the school term at a school to which the teacher is assigned or during the school term without the consent of the superintendent. . . . A teacher shall be permitted to terminate his or her contract at any other time when schools are not in session by giving two (2) weeks written notice to the employing superintendent. . . . Upon complaint by the employing board or superintendent to the Education Professional Standards Board, the certificate of a teacher or superintendent terminating his contract in any manner other than provided in this section may be suspended for not more than one (1) year, pursuant to the hearing procedures set forth in KRS 161.120. KRS 161.780(1)

#9: Neglect of Duty Classroom management Communication with parents Maintain required paperwork Compliance with federal laws Field trip policies and procedures Acceptable Use Policies Maintain best teaching practices

#8: Violation of State School Laws Violating any state statute relating to schools or the teaching profession. KRS 161.120(1)(l) Violating any administrative regulation promulgated by the Education Professional Standards Board or the Kentucky Board of Education. KRS 161.120(1)(n) Redbook Violations Testing Violations Hiring Violations

#7: Harassment/Mistreatment of Fellow Teachers and Classified Staff Inappropriate teasing or joking Sending emails with content that is not suitable for work Unwanted physical contact Creating a hostile work environment Physical threats

#6: Breach of Confidentiality Shall keep in confidence information about students which has been obtained in the course of professional service, unless disclosure serves professional purposes or is required by law. Shall keep in confidence information acquired about colleagues in the course of employment, unless disclosure serves professional purposes or is required by law.

#5: Verbal and Physical Assaults on Students Shall respect the constitutional rights of all students. Shall take reasonable measures to protect the health, safety, and emotional well-being of students. Shall not knowingly make false or malicious statements about students or colleagues. Shall refrain from subjecting students to embarrassment or disparagement.

#4: Falsifying an Application for Certification Making, or causing to be made, any false or misleading statement or concealing a material fact in obtaining issuance or renewal of any certificate. KRS 161.120(1)(i)

#3: Criminal Convictions Being convicted of, or entering an "Alford" plea or plea of nolo contendere to, notwithstanding an order granting probation or suspending imposition of any sentence imposed following the conviction or entry of the plea, one (1) of the following: 1. A felony; 2. A misdemeanor under KRS Chapter 218A, 508, 509, 510, 522, 525, 529, 530, or 531; or 3. A misdemeanor involving a student or minor. KRS 161.120(1)(a)

#2: Drug and Alcohol Abuse Possessing, using, or being under the influence of alcohol, which impairs the performance of duties. KRS 161.120(1)(f) Unlawfully possessing or unlawfully using a drug during the performance of duties. KRS 161.120(1)(g) Shall exemplify behaviors which maintain the dignity and integrity of the profession.

#1: Inappropriate Relationships with Students Shall not engage in any sexually related behavior with a student with or without consent, but shall maintain a professional approach with students. Sexually related behavior shall include such behaviors as sexual jokes; sexual remarks; sexual kidding or teasing; sexual innuendo; pressure for dates or sexual favors; inappropriate physical touching, kissing, grabbing; rape; threats of physical harm; and sexual assault.

The Code of Ethics applies to educators in both the real world and the digital world.

Technology Violations Electronic communication and social media can be effective tools when used cautiously and professionally. Today many of the EPSB’s disciplinary cases have a digital media component to them.

Technology Violations Neglect of Duty Inappropriate Relationship with Students Sexual Harassment Breach of Confidentiality Failure to Maintain the Dignity and Integrity of the Profession

Neglect of Duty Violations Emailing students from home email accounts Instant messaging Text messaging students Communicating with students on social network sites

Student/Teacher Boundary Violations Emailing students from home email accounts Text messaging students Communicating with students on social network sites

Sexual Harassment Teachers sending inappropriate emails to other teachers Administrators sending emails to subordinates Sending inappropriate content or emails to parents

Confidentiality Violations Release of Student Information in emails Allowing class to be recorded and posted on the web Social Networking – pictures or names of students

Failure to Maintain the Dignity and Integrity of the Profession Maintain professional boundaries in all forms of communication Off duty conduct does matter

Practice Tips The district should have policies in place for teachers if they want to use a site like Facebook or Twitter for class. Set the page up through the district or school technology department. Advise parents of the purpose of the site and get permission slips for students to become “friends.” Make sure district administrators have access to all sites. Managing the social media sites is just like managing behavior in the classroom.

Remember Technology is constantly advancing and an educator has to stay current. Keep up on the technological trends to stay ahead of potential abuses. Always use the Code of Ethics as a framework to make behavioral decisions.

KRS 620.030 KRS 620.030 requires all citizens (including student teachers) to report abuse, neglect, and dependency.

Questions?!?!

Contact Us EPSB Division of Legal Services 100 Airport Road, 3rd Floor Frankfort, Kentucky 40601 502-564-4606 www.epsb.ky.gov Staff email addresses: elise.borne@ky.gov mona.curtsinger@ky.gov cassie.trueblood@ky.gov