1. Georgia Professional Standards Commission
NASDTEC 2013

2. Which headline will you see in the morning paper
Which headline will you see in the morning paper? _________________________ 249,999 Teachers do a great job. OR Teacher arrested for child molestation.

3. Why do Teachers Fail?
Teachers usually tell the investigator, “This is the way that I have always done it and it has been okay.” or “The administrators knew what I was doing this and I was never informed that it was not right.” ______________________________________________________Leaders are responsible for setting the example, establishing limits, and making corrections.

4. Investigation Goal Obtain as much information as possible
Investigation Goal Obtain as much information as possible. The more information that is obtained the easier it becomes to make a decision.

5. Follow local policies and procedures in investigating alleged misconduct.

6. Plan the Investigation
Who is in charge of the investigation?
What facts are needed to substantiate or prove unsubstantiated the allegation?
What documentation is available?
Is there evidence that needs to be collected?
Who should be interviewed? (What information is expected?)
What other agencies (DFCS, Police, District Attorney, etc.)? need to be involved
What independent actions should the school system take immediately?

7. Plan the Investigation
Interview Complainant
Collect the Evidence
Interview Witnesses
Interview the Accused

8. Begin Immediately Secure Physical Evidence
Photograph the scene of the event
Document what happened
Make a list of potential witnesses

10. Example:Teacher suspected of being under the influence at school
Secure Physical Evidence - alcoholic beverage, cup, water bottle, pill bottle, baggie, etc.
Photograph the scene of the event - condition of teacher, where evidence found, blackboard
Document what happened - date &time, how you became aware, glassy eyes, slurred speech, unsteady, offered sobriety test, test administration info., test results, etc.
Make a list of potential witnesses - witnessed the teacher’s conduct, who smelled the beverage, who administered the test, etc.

13. PSC Case – One year suspension
On , the educator did not report to work. The principal called the educator at home at 8:53am and awakened the educator. The educator stated he was on his way to school.
The educator arrived at school a short time later and started instructing the students.
The principal and assistant principal went to the educator’s classroom to see if he had arrived. They smelled alcohol on the educator’s breath. The educator was escorted to the school office where the principal asked him if he would take a sobriety test.
The educator consented and the School Resource Officer (SRO) was contacted.
The SRO contacted an on duty law enforcement officer (Testing Officer) who reported to the school and administered an Alco-Sensor test on the educator. The educator was given multiple tests with a high reading of .10 and a low reading of .06.
The educator admitted that he had consumed alcohol the night before and stated that the information reported by the system was correct.

14. FINANCIAL MISCONDUCT 10 – 80 – 10 Rule
10% of an organization’s staff will steal at every opportunity.
10% of an organization’s staff will never steal regardless of the opportunities.
80% of an organization’s staff will steal if their personal situation dictates and the opportunity is available.

15. If a Criminal Act has been committed
Secure all evidence
Contact Law Enforcement
Document what has been done

16. O.C.G.A. §
An oral report shall be made as soon as possible by telephone or otherwise and followed by a report in writing, if requested, to a child welfare agency providing protective services, as designated by the Department of Human Resources of any reports of ‘Child abuse’ including:
Physical injury or death inflicted upon a child by a parent or caretaker (by other than accidental means)
Neglect or exploitation of a child by a parent or caretaker
Sexual abuse - sexual intercourse; masturbation; lewd exhibition; …physical contact in an act of apparent sexual stimulation or gratification ... “Sexual abuse” shall not include consensual sex acts involving persons of the opposite sex when the sex acts are between minors…”
Sexual exploitation - conduct by a child’s parent or caretaker who allows, permits, encourages, or requires that child to engage in: prostitution; or sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct.

17. The Code of Ethics for Educators
There are eleven Standards that the PSC has established based on information obtained from the education community.
These eleven standards are the minimum expectations of an educator.
The PSC will enforce these standards when there is ample evidence that and educator has willfully violated them.
There are consequences for unethical acts.

18. Interviewing

19. Garrity Rule
Do not present information to law enforcement officials that violates the Garrity Rule.
The Garrity Rule
“If an employee is compelled to answer questions as a condition of employment, the employee's answers and the fruits of the answers may not be used against the employee in a subsequent criminal prosecution.”
The Garrity Rule Expands – Gardner V. Broderick
“There exist affirmative limitations on an employer's ability to require answers to questions asked during an investigation of an employee, the questions must be "specifically, narrowly, and directly" tailored to the employee's job.

20. Interviews Tape record interviews Interview Individually
Interview Witnesses First
Prepare questions
Control the Environment
Establish Rapport

21. Control the environment.

22. Establish Rapport

23. Do Not Be Accusatory Do Not Interrupt – Allow for Spontaneous Utterances Use Reflective Listening – Repeat back what was just said Arguing does not work - Do Not put a person in a position where they have to defend themselves. The majority of the talking should come from the person being interviewed.

24. Questions you need to ask.
WHO was involved? WHAT happened? WHEN did it happen? WHERE did it happen? WHY did it happen? HOW did it happen?

25. Interview Avoid Leading Questions
Do you remember X? Avoid Yes or No Questions. Were you at the gym on Friday?
Ask: Where were you on Friday?
Avoid Negative Wording
You don’t remember X, do you?
Allow the witness to talk.
Ask: Tell me what you remember about ...

26. “Is there other information that you can remember/provide
Rephrase and repeat :
“Is there other information
that you can remember/provide
that would be helpful in
determining what happened?”

27. Silence is Okay

28. During the Interview
Observe the body language of the person being interviewed. Be aware of your body language (tone of voice, gestures, eyes and facial expressions.)

29. Kinetic Interviewing Establish a baseline Voice inflection (pitch)
Hesitation
Body language (movements)
Avoidance techniques
Eye movement

30. Establishing a Baseline -
How does he person behave when they are telling the truth?
Ask questions that are not threatening and observe the subject’s reactions while they are answering the questions.
What is your name?
What is your address?
What subjects do you teach?
Etcetera

31. Voice Inflection
Listen for changes in voice pitch, inflection or volume.
Inappropriate laugh
Voice changes occur 95% of the time when a person lies. Volume increases and voice pitch increases.

32. Hesitation Stress Indicators
Pause before answering question.
Repeating question
Coughing
Licking lips; touching mouth; rubbing nose; crossing arms; pulling on earlobes

33. Body Language Drumming fingers Tapping feet; shacking foot
Raising (shrugging) shoulders
Pointing behavior (leaning toward the exit)
Rapid heartbeat
Deep breathing
Changes in complexion
Be aware of your body language
(tone of voice, gestures, eyes and facial expressions.)

34. Avoidance Techniques
Swearing that a statement is true – Honestly; I swear; You have got to believe me
Evasive answers – I do not remember; Not really; I might have; I don’t know; I don’t recall; To the best of my knowledge
Too much information

35. Eyes Avoidance of eye contact
Direction subject is looking while formulating answer
Changes in the eyes
Rapid eye movements

36. Questions to Ask
What do you think should happen to a person that did something like this____?
A guilty person will generally ask for some type of help. Possibly suggest a minor consequence.
Is there a reason that your fingerprints or personal effects were found at ____?
A guilty person will find a reason for evidence linking them to the event could have been found at _____.

37. Questioning Children
Open-Ended Questions - avoid the use of questions that typically result in a Yes or No answer.
Do not assume that you understand. If at first you don’t understand what they are trying to tell you, ask them to re-state what they want to say.
Allow the child to move around, fiddle it allows the child feel they have some control.
Listen and observe nonverbal expressions. Indirect approaches work best with reluctant children.
Encourage the child to expand, “What happened next?” and “You were saying that ____ ”
Adolescents - written statements are possibly more effective than interviews. They tend to express private
feelings.

38. After the Interview
1. Document what you observed 2. Transcribe your Tape and Notes 3. Have the Transcript Signed Obtain a Written Statement 5. Keep Notes in a Separate File 6. Complete the Record

39. Behaviors to Watch for When Adults Are With Children
Have you ever seen someone playing with a child and felt uncomfortable with it? Maybe you thought, "I'm just over-reacting," or, "He/She doesn't really mean that." If you are uncomfortable, be sure to trust your instincts and ask questions. 

40. Do you know an adult who:
Makes others uncomfortable by ignoring social, emotional or physical boundaries or limits?
Refuses to let a student set any of his or her own limits? Uses teasing or belittling language to keep a student from setting a limit?
Insists on hugging, touching, kissing, tickling, wrestling with or holding a student even when the student does not want this physical contact or attention?
Turns to a student for emotional or physical comfort by sharing personal or private information or activities, normally shared with adults? 
Frequently points out sexual images or tells dirty or suggestive jokes to students?

41. Has secret interactions with students (e. g
Has secret interactions with students (e.g. games, drugs, alcohol, or sexual material) or spends time ing, text messaging or calling students?
Is overly interested in the sexuality of a student (e.g., talks repeatedly about students’ developing bodies or their dating habits)?
Insists on or manages to spend uninterrupted time alone with a student?
Seems “too good to be true, i.e. frequently volunteers for various student activities; takes students on special outings alone; buys students gifts or gives them money reason?
Is not age appropriate with students – acts like a student?
(dresses, talks, tries to look like student – identifies with students, not a role model)

42. Do you know someone who:
May experience typical gestures of friendliness or affection as sexual?
Explores his or her own natural sexual curiosity with younger children or those of differing size, status, ability, or power?
Seeks out the company of younger children and spends an unusual amount of time with them rather than with peers? 

43. Do you know an employee who:
Misses or ignores social cues about students’ personal or sexual limits and boundaries?
Often has a "special" student friend, maybe a different one from year to year?
Spends an unusual amount of time with students and shows little interest in spending time with peers?
Encourages silence and secrets with students?
Links sexuality and aggression in language or behavior, e.g. sexualized threats or insults, like “whore” or “slut”?

44. Makes fun of students’ body parts, describes students with sexual words like “stud” or “sexy” or talks again and again about the sexual activities of students?
Seems unclear about what's appropriate with students?
Has been known to make poor decisions while misusing drugs or alcohol?
Looks at child pornography or downloads/views Internet pornography or other inappropriate material?
Justifies behavior or finds reasons to explain poor choices or harmful acts; blames others as a way to refuse responsibility for behaviors?
Minimizes hurtful or harmful behaviors when confronted; denies harmfulness of actions or words despite apparent impact?

45. Sexual Harassment
Under Title VII, once there is a complaint of sexual harassment, the employer has a duty to investigate. It must discharge this duty promptly: right away, immediately. The employer should still investigate, even if the complainant doesn't want it to.
If a fact-finding investigation is necessary, it should be launched immediately. The case law shows that this advice is to be taken fairly literally: "immediately”.
Consideration should be given to having the investigation conducted by outside independent counsel. (Competency and Attorney - Client privilege.)

46. Testing
Standard Two states that an educator should always maintain a professional relationship with all students, both in and outside the classroom.
The first three examples in this standard would also be criminal acts and would require reporting under the statute concerning child abuse.
The fourth example relates to harassment. Educators should never harass a student on the basis of race, gender, national origin, religion or disability.
Sarcasm is usually a deadly weapon in the hands of a teacher who has great influence in a student’s sense of self-worth.
The fifth example involves personal relationships with students.
Teachers should be warned about encouraging an inappropriate relationship by means of , telephone, written messages (notes, letters, cards, etc.)
Educators should not date students .
Educators should not develop a personal relationship with students that creates an emotional dependency on the educator.
Educators should not furnish or allow a student to consume alcohol, illegal or unauthorized drugs. Educators should not furnish tobacco to students.
Georgia Professional Standards Commission 46

47. Having difficulty getting your students to pass the standardized tests try:

48. CHEATING!
TEACHING!

49. Testing Investigations
Establish a chain of custody and access – how was the test distributed and secured
Establish that the educator was trained and describe the training (sign in sheet, agenda, date and time, copies of Power Point presentation)
Who are the witnesses (proctors, test coordinators, other teachers, students, etc.)
Identify unusual gains and spikes in students’ scores – and determine if that educator is administering the test properly

50. Testing Investigations
Check the computer files and lesson plans
Check the trash cans in the classroom where there is an allegation of misconduct
Check the paperwork at the educator’s work station
Check students’ answer documents and scratch paper
Immediately respond to allegations of misconduct – prevent damage control

51. Avoid Testing Irregularities
The principal is responsible for the proper administration of standardized tests at his or her school
Establish clear guidelines and create an atmosphere that does not allow for deviations from the test manuals
Impress upon the teachers that there will be consequences for their actions
Participate in the test administration – you are not a spectator

52. Report Unethical Conduct to the Professional Standards Commission.

53. Employment Issues involving competence, insubordination, medical problems, physical health, emotional or mental health, and local policy should be handled at the local level.

54. Professional Standards Commission
Ethics Division
Contact Information
Dr. Paul Shaw, Director
John Grant, Chief Investigator
Georgia Professional Standards Commission