Ethics EDUCATOR DISCIPLINE ACT PROMOTING INTEGRITY AND PROFESSIONALISM

PRESENTATION OBJECTIVES INTRODUCTION TO PSPC BASIC UNDERSTANDING OF THE MECHANICS OF THE EDUCATOR DISCIPLINE SYSTEM RAISE AWARENESS OF CONDUCT THAT CAN TRIGGER PROFESSIONAL DISCIPLINE EXPLORE SIGNIFICANT AMENDMENTS TO THE CONTROLLING STATUTE REVIEW MANDATORY REPORTING RESPONSIBILITIES

PSPC 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. COMPOSITION 7 classroom teachers including one educational specialist 3 public school administrators; one a principal and one a commissioned officer 1 administrator from higher ed. program 2 members of general public; one a school board member

EDUCATOR DISCIPLINE ACT 24 P.S. section et seq. Covered school entities Covered individuals: - All certificated professionals (public and private) - charter school staff members - contracted educational provider staff members STATUTORY AUTHORITY/JURISDICTION

Advisory – to the State Board and the Department Adjudicatory – administration of the professional educator discipline system Caretaker of Code of Conduct PROFESSIONAL STANDARDS AND PRACTICES COMMISSION (PSPC) ----PRIMARY ROLES

PENNSYLVANIA DEPARTMENT OF EDUCATION, OFFICE OF CHIEF COUNSEL –PRIMARY ROLES Receipt and review of educator misconduct complaints Receipt and review of Mandatory Reports Investigation of educator misconduct complaints Prosecution of formal disciplinary charges before the PSPC Reciprocal Discipline/Reinstatement

Commitment to excellence Commitment to the value and dignity of each individual Commitment to act in a fiduciary capacity and to protect students Commitment to modeling societal responsibilities CODE OF CONDUCT: GUIDING PRINCIPLES

INITIATION OF COMPLAINT LEGAL SUFFICIENCY PROBABLE CAUSE NOTICE OF CHARGES HEARING ADJUDICATION DISCIPLINE PROCESS

NON- CRIMINAL CRIMINAL GROUNDS FOR DISCIPLINE

NON-CRIMINAL MISCONDUCT NON- CRIMINAL CRIMINAL Incompetency Intemperance Negligence Cruelty Immorality Violation of Act of May 29, 1931 Violation of the Code of Conduct Sexual misconduct/Sexual abuse or exploitation Founded reports Failure to fulfill statutory duties Coercion, retaliation, discrimination

Conviction/indictment of a crime involving moral turpitude Conviction/indictment of a crime listed in section 111(e) CRIMINAL CONDUCT NON- CRIMINAL CRIMINAL

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. DEFINITION OF MORAL TURPITUDE

Bank Robbery Burglary Defrauding Public Welfare Falsely Altering Military Records Falsifying Business Records Forgery Fraudulent Use of Credit Cards Grand Larceny Homicide by Vehicle Insurance FraudMail Fraud Wire Fraud Making False Statements to Federal Agency Money Laundering of Drug Trafficking Proceeds Obstruction of Justice Pharmacy Act, Violation of Receiving Stolen Property Theft by Deception Theft by Failure to Make Required Disposition of Funds Theft By Unlawful Taking Trafficking in Counterfeit Goods Unlawful Restraint EXAMPLES OF CRIMES DETERMINED TO INVOLVE MORAL TURPITUDE BY COMMISSION

Criminal homicide Rape Aggravated assault Kidnapping Unlawful restraint Sexual assault Statutory sexual assault Indecent assault Incest Indecent exposure Involuntary deviate sexual intercourse Obscene/sexual materials or performances Sexual abuse of children Prostitution (felony) Felonies under Controlled Substance Drug, Device and Cosmetic Act Corruption of minors Stalking Aggravated indecent assault Concealing death of child Endangering welfare of children Dealing in infant children Institutional 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 SECTION 111(e) CRIMES

Private reprimand Public reprimand Suspension/Immediate suspension Revocation Surrender in lieu of discipline Fees/Fines Conditions Reciprocal Discipline TYPES OF PROFESSIONAL DISCIPLINE

DUTIES OF SCHOOL ENTITIES o Investigate and report findings and recommendations to PDE as directed o A school entity and any official or employee thereof shall cooperate with PDE during all stages of the disciplinary process and promptly provide PDE with any relevant information and evidence requested by PDE o Confidentiality agreements prohibited

NEW MANDATORY REPORTING FOR CHIEF SCHOOL ADMINISTRATORS ( 1) Any educator who has been provided with notice of intent to dismiss or remove for cause, notice of nonrenewal for cause, notice of removal from eligibility lists for cause or notice of a determination not to reemploy for cause. (2) Any educator who has been arrested, indicted or convicted for a misdemeanor or felony. (3) Any educator against whom allegations have been made that the educator has: (i) committed sexual abuse or exploitation involving a child or student; or (ii) engaged in sexual misconduct with a child or student. (3.1) Information which constitutes reasonable cause to suspect that an educator has caused physical injury to a child or student as a result of negligence or malice. (4) Any educator who has resigned, retired or otherwise separated from employment after a school entity has received information of alleged misconduct under this act. (5) Any educator who is the subject of a report filed by the school entity under the reporting requirements of 23 Pa.C.S. Ch. 63 (relating to child protective services). (6) Any educator who the school entity knows to have been named as the perpetrator of an indicated or founded report of child abuse or named as an individual responsible for injury or abuse in an indicated or founded report for a school employe under 23 Pa.C.S. Ch. 63.

NEW MANDATORY REPORTING FOR CHIEF SCHOOL ADMINISTRATORS-CONTINUED All reports shall include an inventory of all information and documentary and physical evidence in possession or control of the school entity relating to the misconduct and the name and contact information for the custodian of the items listed. The school entity shall promptly provide to PDE any documents or items requested.

NEW MANDATORY REPORTING FOR ALL EDUCATORS ALL EDUCATORS SHALL REPORT: SEXUAL MISCONDUCT/EXPLOITATION ANY ARRESTS/CONVICTIONS FOR SECTION 111(E) AND (F) CRIMES

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.

QUICK REVIEW OF OTHER SIGNIFICANT AMENDMENTS TO EDUCATOR DISCIPLINE ACT

SOME STATISTICS Complaints filed in 2011: 256 Complaints filed in 2012 :563 Complaints filed in 2013: 482 Current open cases: 855 Current high priority: 160 (sexual misconduct or physical abuse) Complaints to date in 2014: 146

CONFIDENTIALITY

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.

ADMINISTRATOR CHECKPOINTS Student teachers Pre-employment In-service Supportive environment Investigation protocols Recognizing red flags and vulnerabilities Reporting vigilance Responsibilities to profession at large

Vulnerabilities? EDUCATORS ARE MORE VULNERABLE TO OFFEND WHEN THEY ARE EXPERIENCING CERTAIN LIFE EVENTS OR HAVE CERTAIN DISPOSITIONS For example: Imbalanced life style Life changes/crisis: –Divorce/relationship issues –Financial problems –Illness/pain Inordinate need to be admired, needed, loved

Red Flag Self-Assessment Do I tend to spend my free time with students and not peers? Do I demonstrate favoritism towards one or two students (maybe different one each year)? Do I ever use sexualized language to describe students or make lewd or suggestive comments with students or colleagues? Do I arrange to spend time alone with a student (passes from other classes, lunch time in classroom, before or after school time) or outside of school? Do I tend to share personal information about myself and my life with students? Have I ever arrange my classroom so that is difficult to observe from hallway (blinds always pulled, door shut, door window covered)

Red Flag Assessment (cont.) Have I requested special treatment for a particular student? Am I prone to hug and engage in physical contact with students or treat them in an overly friendly manner? Am I concerned with being liked by students or perceived as being “cool”? Do I enjoy being the one person that a student can talk to about personal problems? Do I see myself as a counselor as well as a teacher of students?

HOW CAN WE HELP EACH OTHER

CONTACT INFORMATION Carolyn Angelo, Executive Director/Legal Counsel Professional Standards and Practices Commission ( Shane Crosby, Assistant Chief Counsel PDE Office of Chief Counsel (717)