1. 11 The Code of Ethics and Principles of Professional Conduct

2. 22 WORKSHOP OBJECTIVES Participants will: understand the three essential elements of The Code of Ethics; understand the three essential elements of The Code of Ethics; learn their obligations to the student, the public, and the profession from the Principles of Professional Conduct; learn their obligations to the student, the public, and the profession from the Principles of Professional Conduct; understand why educators are held to a higher moral standard; understand why educators are held to a higher moral standard; learn the functions and services of the Bureau of Professional Practices Services and the Education Practices Commission. learn the functions and services of the Bureau of Professional Practices Services and the Education Practices Commission. learn about SB 1712, (Ethics in Education Act) as of July 1, 2008. learn about SB 1712, (Ethics in Education Act) as of July 1, 2008.

3. 33 Code of Ethics The educator’s primary professional concern will always be for the student and the development of the student’s potential. The educator strives to achieve and sustain the highest degree of ethical conduct.

4. 44 The Code of Ethics and The Principles of Professional Conduct Apply to all certificated (professional or temporary) educators in the state of Florida Apply to all certificated (professional or temporary) educators in the state of Florida Apply to holders of instructional and/or administrative certificates Apply to holders of instructional and/or administrative certificates Apply to applicants for Florida certificates Apply to applicants for Florida certificates

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6. 66 Principles of Professional Conduct Three Categories of Professional Conduct Addressed in the Code of Conduct Three Categories of Professional Conduct Addressed in the Code of Conduct Obligations to Students Obligations to Students Obligations to the Public Obligations to the Public Obligations to the Profession Obligations to the Profession

7. 77 Principles of Professional Conduct Obligations to the Student The educator will: commit to academic openness, fairness, honesty, and objectivity to students and the learning material, commit to academic openness, fairness, honesty, and objectivity to students and the learning material, avoid harassment of, embarrassment of, or discrimination against students avoid harassment of, embarrassment of, or discrimination against students

8. 88 Principles of Professional Conduct Obligations to the Public The educator will: distinguish between personal views and the views of the educational institution with which the educator is affiliated, distinguish between personal views and the views of the educational institution with which the educator is affiliated, refuse to accept gifts or favors which will influence professional judgment, and refuse to accept gifts or favors which will influence professional judgment, and avoid using their professional position for personal gain or advantage. avoid using their professional position for personal gain or advantage.

9. 99 Principles of Professional Conduct Obligations to the Profession The educator will: respect and be fair to colleagues, respect and be fair to colleagues, report alleged violations of state or local school board rules by other educators, report alleged violations of state or local school board rules by other educators, avoid misrepresenting qualifications or assisting unqualified personnel to gain or continue employment in the profession, and avoid misrepresenting qualifications or assisting unqualified personnel to gain or continue employment in the profession, and self-report within 48 hours to appropriate authorities ANY arrest or charges involving the abuse of a child, or the sale and/or possession of a controlled substance. self-report within 48 hours to appropriate authorities ANY arrest or charges involving the abuse of a child, or the sale and/or possession of a controlled substance. (Principles of Professional Conduct ( 5m ) ) (Principles of Professional Conduct ( 5m ) )

10. 10 Violation of any of these principles shall subject the individual to revocation or suspension of the individual educator's certificate, or the other penalties as provided by law.

11. 11 4 Key Areas to Consider Interaction with Students Interaction with Students Record Keeping and Accounting Procedures Record Keeping and Accounting Procedures Grading Procedures Grading Procedures Classroom Behavioral Procedures Classroom Behavioral Procedures Collection of Funds Collection of Funds Internet, E-mail, and new technologies Internet, E-mail, and new technologies Reputation in the Community Reputation in the Community

12. 12 Interaction with Students Maintain a professional barrier between you and students. You are the adult, the teacher, and the professional; act like the expert and not like another one of the “kids.” Maintain a professional barrier between you and students. You are the adult, the teacher, and the professional; act like the expert and not like another one of the “kids.” Keep the classroom door open when talking with individual students. Keep the classroom door open when talking with individual students. Refer students to the appropriate resource person for counseling and/or discussions about personal matters. Refer students to the appropriate resource person for counseling and/or discussions about personal matters. Be VERY careful as you fulfill your responsibilities of maintaining discipline in your classroom and other areas of the school. Be VERY careful as you fulfill your responsibilities of maintaining discipline in your classroom and other areas of the school.

13. 13 Do NOT flirt with students. Do NOT flirt with students. Do NOT discuss your personal life or personal matters with students. Do NOT discuss your husband, wife, girlfriend, boyfriend, or dates with students. Do NOT discuss your personal life or personal matters with students. Do NOT discuss your husband, wife, girlfriend, boyfriend, or dates with students. When transporting students, coordinate transportation ahead of time, and use school or mass transportation if possible. If you must transport a student in your vehicle, ask a co-worker to accompany you. When transporting students, coordinate transportation ahead of time, and use school or mass transportation if possible. If you must transport a student in your vehicle, ask a co-worker to accompany you.

14. 14 Avoid leaving your students unsupervised; have an alternate plan of action. Avoid leaving your students unsupervised; have an alternate plan of action. Keep hands and other parts of your body to yourself. Keep hands and other parts of your body to yourself. Use verbal praise and reinforcement. Use verbal praise and reinforcement.

15. 15 Know your school policies and district and state laws governing corporal punishment. Establish and follow a consistent behavior plan. Treat each student with respect. Know the student’s rights. Know your school policies and district and state laws governing corporal punishment. Establish and follow a consistent behavior plan. Treat each student with respect. Know the student’s rights. If you, as a School Board employee, chaperone a field trip… If you, as a School Board employee, chaperone a field trip… DO NOT drink alcoholic beverages in front of students DO NOT drink alcoholic beverages in front of students DO NOT smoke in front of students DO NOT smoke in front of students DO NOT take children home with you DO NOT take children home with you

16. 16 Do NOT make telephone calls or write notes of a personal nature to students. Do NOT make telephone calls or write notes of a personal nature to students. Do not harass students; respect their differences. What you intend as humor may, in fact, be cultural bias or harassment. Do not harass students; respect their differences. What you intend as humor may, in fact, be cultural bias or harassment.

17. 17 Use common sense and good judgment. Ask yourself how someone else could perceive your comments or actions. Ask yourself if your comments or actions could be taken out of context and/or misinterpreted. Use common sense and good judgment. Ask yourself how someone else could perceive your comments or actions. Ask yourself if your comments or actions could be taken out of context and/or misinterpreted. Avoid putting yourself in a position where you have to defend, explain, or justify your behavior or actions. Avoid putting yourself in a position where it’s your word against another person’s word. Avoid putting yourself in a position where you have to defend, explain, or justify your behavior or actions. Avoid putting yourself in a position where it’s your word against another person’s word.

18. 18 Personal communications with students before, during, or after school hours is in violation of school board policy in many school districts. Personal communications with students before, during, or after school hours is in violation of school board policy in many school districts. Maintain a professional reputation in the community. Maintain a professional reputation in the community. When you “party,” be discreet. When you “party,” be discreet.

19. 19 Record Keeping and Accounting Procedures Know the laws, school board policies, and school rules and follow them. Know your responsibilities. Know the laws, school board policies, and school rules and follow them. Know your responsibilities. Know your school policies, district, and state laws regarding collecting money, purchasing materials and equipment, and follow them. Work in pairs when collecting large amounts of money. Know your school policies, district, and state laws regarding collecting money, purchasing materials and equipment, and follow them. Work in pairs when collecting large amounts of money.

20. 20 Establish a policy regarding your grading system consistent with school and district policies, where applicable. Give a written explanation of it to students and parents at the beginning of the year or when they begin your class or unit of instruction. Establish a policy regarding your grading system consistent with school and district policies, where applicable. Give a written explanation of it to students and parents at the beginning of the year or when they begin your class or unit of instruction. Establish a policy regarding your behavioral management system. Get it approved by administration. Give a written explanation of it to students and parents at the beginning of the year or when they begin your class unit of instruction. Establish a policy regarding your behavioral management system. Get it approved by administration. Give a written explanation of it to students and parents at the beginning of the year or when they begin your class unit of instruction.

21. 21 Follow school board policy on sick and travel leave. Using a sick day for “a day at the beach” is FRAUD! Fill out appropriate forms in a timely manner. Do not use school board equipment at home UNLESS you have permission and you have followed policy. Misuse of school board equipment is a violation of district policy.

22. 22 Email E-Mail Communications E-Mail Communications Florida’s Open Government Laws provide that, with few exemptions, school e-mail is public. Florida’s Open Government Laws provide that, with few exemptions, school e-mail is public. Think about those “fun” e-mails you receive and forward to your friends. You should not be using your work computer for these types of emails. Think about those “fun” e-mails you receive and forward to your friends. You should not be using your work computer for these types of emails. Consider what your e-mail will sound like when it is the headline of the local paper, or if it were to be placed on a billboard. Consider what your e-mail will sound like when it is the headline of the local paper, or if it were to be placed on a billboard. Remember that those reading it will not be looking at it the same way as you did. Remember that those reading it will not be looking at it the same way as you did. The district email system should not be used for personal, political, or editorial use. The district email system should not be used for personal, political, or editorial use.

23. 23 Internet Know what your school board policies are concerning Internet use. Know IF and WHEN you can use Internet for personal use. FOLLOW YOUR SCHOOL BOARD POLICIES.

24. 24 Web Sites/Text Messages Myspace.com and Facebook.com Myspace.com and Facebook.com Your exploits are open to the community and your students. Your exploits are open to the community and your students. Posting student pictures on a My Space / Facebook page violates school board policy in many districts. Posting student pictures on a My Space / Facebook page violates school board policy in many districts. Do NOT text message students. Do NOT text message students.

25. 25 Blogs A blog that libels someone may affect your employment. A blog that libels someone may affect your employment. What you publish determines how the community views you. What you publish determines how the community views you. What you write about can affect your career. What you write about can affect your career.

26. 26 Two court cases have upheld the standards put forth in the Code of Ethics and Principles of Professional Conduct. Two court cases have upheld the standards put forth in the Code of Ethics and Principles of Professional Conduct. Court Rulings

27. 27 The first case is Tomerlin v. Dade County School Board heard in 1975 by the Florida First District Court of Appeals.

28. 28 Court Rulings “A school teacher holds a position of great trust. We entrust the custody of our children to the teacher. We look to the teacher to educate and to prepare our (sic) children for their adult lives. To fulfill this trust, the teacher must be of good moral character; to require less would jeopardize the future lives of our children.” Tomerlin v. Dade County School Board, 318 So.2nd 159 (Fla 1st DCA 1975).

29. 29 The second case is Adams v. State of Florida Professional Practices Council heard in 1981 by the Florida First District Court of Appeals.

30. 30 “…it should be noted that educators are held to a more rigorous moral standard than other professionals because of their role in educating children. By virtue of their leadership capacity, teachers are traditionally held to a high moral standard in the community.” 406 So.2 nd 1170 (Florida 1 st DCA 1981)

31. 31 Two (2) offices in DOE are given authority, in statute, to discipline and investigate teachers’ misconduct. Bureau of Professional Practices Services Education Practices Commission

32. 32 Bureau of Professional Practices Services Is the department that has the authority to investigate claims of educator misconduct and prosecute those individuals who are found to have violated the Code of Ethics or Principles of Professional Conduct. Is the department that has the authority to investigate claims of educator misconduct and prosecute those individuals who are found to have violated the Code of Ethics or Principles of Professional Conduct. Education Practices Commission Is the final hearing agency involved in Florida Educator Certification disputes. Is the final hearing agency involved in Florida Educator Certification disputes. Division of Educator Quality

33. 33 Just Cause In addition to decisions made by the Education Practices Commission, Florida Statutes allow districts to discipline personnel up to and including dismissal for just cause. In addition to decisions made by the Education Practices Commission, Florida Statutes allow districts to discipline personnel up to and including dismissal for just cause. Grounds for termination of instructional personnel now includes “immorality” (new law) as well as “gross immorality” (old law). Grounds for termination of instructional personnel now includes “immorality” (new law) as well as “gross immorality” (old law).

34. 34 Just Cause SB 1712 now requires showing “gross immorality or an act involving moral turpitude” to impose discipline against an educator’s certificate. SB 1712 now requires showing “gross immorality or an act involving moral turpitude” to impose discipline against an educator’s certificate. Disqualifying offenses under 1012.315. Disqualifying offenses under 1012.315. As a result, the disciplinary actions of districts may go above and beyond those of the Education Practices Commission. As a result, the disciplinary actions of districts may go above and beyond those of the Education Practices Commission.

35. 35 Your “Personal” Life Matters

36. 36 Extra! Extra! Read All About It! Tallahassee- Local Educator Loses Teaching Certificate

37. 37 Headlines Debra LaFave Provocative Pictures Of Sex-Arrest Teacher Surface Teacher Accused Of Sex With 14-Year-Old Student TAMPA -- Provocative pictures of a Tampa-area middle school teacher accused of sex with a student have surfaced on the Internet. Reading teacher Debra Beasley LaFave, 23, is a newlywed who is accused of having intercourse with and performing oral sex on a 14-year-old student at Greco Middle School several times. The pictures were reportedly taken when LaFave was modeling as an 18-year-old. LaFave was released from the Hillsborough County Jail after posting $5,000 bail. Her bail was reduced from $15,000.

38. 38 Stephanie Ragusa New sex charges for Tampa teacher HILLSBOROUGH COUNTY -- Stephanie Ragusa, a teacher accused of having sex with two of her students, has been arrested for a third time. The 28-year-old was arrested and booked into Orient Road Jail Monday afternoon on two counts of unlawful sexual activity with a minor. According to reports, Ragusa was caught in the act with a boy she is accused of having sex with before. Ragusa was first arrested on March 13th, for having sex with a 14-year-old boy. She was arrested for a second time on April 15th for having sex with another student. Ragusa was a teacher at Davidson Middle School, in Tampa. ABC Action News-4/28/2008

39. 39 Heidi Sweet Penalties very harsh for teachers caught in FCAT cheating limbo By BILL KACZOR THE ASSOCIATED PRESS TALLAHASSEE – Teacher Heidi Sweet says she put pencil marks next to questions some fifth-graders had skipped or gotten wrong while taking Florida's high-stakes standardized test to encourage them to try again. It was a career-ending mistake. She is one of 50 Florida teachers, counselors and administrators the state has disciplined in the past 10 years for cheating or making errors in giving the FCAT used to grade public schools and students, as well as other exams, according to files obtained from the state Education Department through a public records request. "This is like a warning to all you teachers out there -- don't mess with that FCAT," said Sweet, who taught for 25 years.

40. 40 Lesson on explosives gets teacher arrested By Amy C. Rippel The Orlando Sentinel Thursday, February 17, 2005 ORLANDO, Fla. — A Florida high-school chemistry teacher was arrested this week after students told authorities he taught his class how to make explosives, the Orange County Sheriff's Office said. David Pieski, 42, a teacher at Freedom High School for two years, used an overhead projector in his classroom to give students detailed instructions in bomb-making, including advising them to use an electric detonator to stay clear from the blast, according to an arrest report Monday.

41. 41 2nd Teacher Arrested for Allegedly Taking Bribes from Students (April 7, 2006) Pensacola-Another middle school teacher has been arrested for allegedly letting students skip gym class in exchange for a bribe. Police in Pensacola, Florida say Tamara Tootle turned herself in yesterday and faces six counts of bribery. Panhandle Teacher of Boy Killed in Traffic To Be Fired (October 30, 2003) Crestview-The teacher of a kindergartener who was run over and killed after sneaking out of school will be recommended for firing unless she resigns, an Okaloosa County School District official said Thursday. Headlines

42. 42 Matthew Herman SYSTEM LETS ABUSIVE TEACHERS BACK IN CLASSROOM By CHRIS DAVIS, MATTHEW DOIG AND TIFFANY LANKES STAFF WRITERS Matthew Herman has a problem. But it isn't finding a job. For three years at South Broward High, the teacher subjected teen girls to his sexual aggression, state records show. In all, state Department of Education officials investigated 20 allegations described by a half-dozen girls. Records show they believed every one. Everglades High School science teacher Matthew Herman, received complaints from six female students. March 18, 2007

43. 43 Headlines State considers changing regulation of teacher misconduct June 19, 2007 By Tiffany LankesTiffany Lankes A two-year investigation into Florida’s system of regulating teachers in March revealed how widespread leniency, outdated investigative procedures and inexperienced investigators had allowed dozens of physically and sexually abusive teachers to remain in the classroom. The state Board of Education decided Tuesday to move forward with sweeping changes that could rewrite how Florida regulates teachers who abuse their students or commit other professional misconduct.

44. 44 Senate Bill 1712 Ethics in Education Act July 1, 2008 Was created as a result of headlines involving teachers misconduct with students Is complex legislation that touches every school board employee Changes the way we do business

45. 45 Duties of School Board Officials Under SB 1712 Each elected or appointed school board official forfeits his/her salary for one year if he/she : Knowingly signs and transmits a report of alleged misconduct which affects the health, safety, welfare of a student and the school board official knows the report to be false or incorrect; or Knowingly signs and transmits a report of alleged misconduct which affects the health, safety, welfare of a student and the school board official knows the report to be false or incorrect; or Knowingly fails to adopt policies that require personnel to report and investigate misconduct. Knowingly fails to adopt policies that require personnel to report and investigate misconduct.

46. 46 School Board Policies Under SB 1712 DOE currently is compiling a model policy and is soliciting input from districts. District policies must at a minimum: Establish ethical standards for instructional personnel and administrators; and the duties for personnel to uphold the standards; Establish ethical standards for instructional personnel and administrators; and the duties for personnel to uphold the standards; Require instructional and administrative staff to complete trainings on the standards; Require instructional and administrative staff to complete trainings on the standards; Establish the duty of instructional personnel and school administrators to report alleged misconduct of instructional personnel or school administrators; Establish the duty of instructional personnel and school administrators to report alleged misconduct of instructional personnel or school administrators; Establish the detailed procedures for reporting; Establish the detailed procedures for reporting; Include an explanation of the liability protections pursuant to S 39.203, F.S. or S 768.095; Include an explanation of the liability protections pursuant to S 39.203, F.S. or S 768.095;

47. 47 Duties of the Superintendent Under SB 1712 Each superintendent has an affirmative duty to: Investigate alleged misconduct by instructional personnel or school administrators; Investigate alleged misconduct by instructional personnel or school administrators; Report legally sufficient allegations of misconduct of certified educators to the Office of Professional Policies; and Report legally sufficient allegations of misconduct of certified educators to the Office of Professional Policies; and Submit true and accurate reports. Submit true and accurate reports. If a superintendent knowingly fails in this duty, he/she forfeits their salary for one (1) year. Superintendent must ensure that employment history checks are completed for the positions regarding direct contact with students Superintendent must ensure that employment history checks are completed for the positions regarding direct contact with students Superintendent is charged with knowledge of policies and procedures and is accountable for the training of all instructional personnel and school administrators on the standards of ethical conduct, policies and procedures. Superintendent is charged with knowledge of policies and procedures and is accountable for the training of all instructional personnel and school administrators on the standards of ethical conduct, policies and procedures.

48. 48 Duties of the Superintendent Under SB 1712 Provide notice to all employees that they have a duty to identify and report teacher misconduct. Provide notice to all employees that they have a duty to report actual and suspected cases of child abuse, abandonment or neglect to DCF.

49. 49 Duties of District Under SB 1712 Employment screening must include: PPS database of Discipline action PPS database of Discipline action Teacher certification database Teacher certification database Reference check from candidates’ previous employers. Reference check from candidates’ previous employers. Documentation results from each step in employment screenings. (Including not being able to locate or find) Documentation results from each step in employment screenings. (Including not being able to locate or find) Criminal background screening every five (5) years. Criminal background screening every five (5) years.

50. 50 Duties of District under SB 1712 The District will disqualify candidates for employment in any position that requires direct contact with students if they: The District will disqualify candidates for employment in any position that requires direct contact with students if they: have been convicted of a disqualifying offense under Section 1012.35 F.S. or; have been convicted of a disqualifying offense under Section 1012.35 F.S. or; have been convicted of a “crime of moral turpitude” as defined by SB Rule (further rulemaking will be done on this). have been convicted of a “crime of moral turpitude” as defined by SB Rule (further rulemaking will be done on this). District is now required to report to DOE/PPS. District policies must state to whom teachers and principals report.

51. 51 District Duties Establish policies and procedures for screening, hiring, and terminating instructional personnel and school administrators; Establish policies and procedures for screening, hiring, and terminating instructional personnel and school administrators; Prohibit confidentiality agreement regarding instructional personnel or school administrators who are terminated, dismissed, or resign in lieu of termination; Prohibit confidentiality agreement regarding instructional personnel or school administrators who are terminated, dismissed, or resign in lieu of termination; Establish the requirement for the reassignment of instructional personnel or school administrators pending the closure of a misconduct investigation; Establish the requirement for the reassignment of instructional personnel or school administrators pending the closure of a misconduct investigation;

52. 52 Duties of Administrators Under SB 1712 When hiring new personnel, the candidates’ previous employers must be contacted; school based administrator or district personnel must document efforts to contact the employers. When hiring new personnel, the candidates’ previous employers must be contacted; school based administrator or district personnel must document efforts to contact the employers. Post on school website and in a prominent place within the school and district, the policies and procedures for reporting misconduct, the contact person to whom a report should be made, and the penalties for failure to report misconduct and abuse. Post on school website and in a prominent place within the school and district, the policies and procedures for reporting misconduct, the contact person to whom a report should be made, and the penalties for failure to report misconduct and abuse.

53. 53 Duties of Employees Under SB 1712 All employees and agents of the district school board have a duty to report all actual or suspected cases of child abuse, abandonment, or neglect to the Dept. of Children and Families (DCF) All employees and agents of the district school board have a duty to report all actual or suspected cases of child abuse, abandonment, or neglect to the Dept. of Children and Families (DCF) Must provide all previous employment information when applying for a position-No Gaps (New Law as of July 1, 2008) Must provide all previous employment information when applying for a position-No Gaps (New Law as of July 1, 2008) All employees and agents of the district school board have a duty to identify and report cases of teacher misconduct. (New law as of July 1, 2008) All employees and agents of the district school board have a duty to identify and report cases of teacher misconduct. (New law as of July 1, 2008)

54. 54 Identifying & Reporting Professional Misconduct “Teaching is the profession that teaches all the other professions.” Author Unknown Florida Department of Education Office of Professional Practices Services Report Disqualifying Offenses (F.S. 1012.315)

55. 55 Be A Leader L isten L isten E valuate E valuate A ct immediately A ct immediately D ocument D ocument E ncourage E ncourage R eport R eport

56. 56 A ccording to the courts… As Educators and in our positions… We have influences over our students We hold a position of trust. We are expected to know what is right & wrong.

57. 57 Remember… “By virtue of their leadership capacity, teachers are traditionally held to a high moral standard in a community.” Adams v. State Professional Practices Council, 406 So.2nd 1170 (Fla. 1st DCA 1981).

58. 58 Be A Leader L isten L isten E valuate E valuate A ct immediately A ct immediately D ocument D ocument E ncourage E ncourage R eport R eport

59. 59 Acknowledgements Florida Department of Education Florida Department of Education Division of Educator Quality Division of Educator Quality  Pamela Stewart Deputy Chancellor for Educator Quality Deputy Chancellor for Educator Quality  Bureau of Professional Practices Services  Marian Lambeth, Chief Hillsborough School District Hillsborough School District HEC Districts HEC Districts DeSoto, Glades, Hardee, Hendry, Highlands, and Okeechobee Jan McKibben and Mary Farr Jan McKibben and Mary Farr Florida Newspapers Florida Newspapers

60. 60 DOE Contacts Mari “Miki” Presley-Deputy General Council Mari “Miki” Presley-Deputy General Council Phone: 850-245-0443 Email: miki.presley@fldoe.org Email: miki.presley@fldoe.orgmiki.presley@fldoe.org Marian W. Lambeth-Bureau Chief Marian W. Lambeth-Bureau Chief Office of Professional Practices Services Office of Professional Practices Services Phone: 850-245-0438 marian.lambeth@fldoe.org marian.lambeth@fldoe.orgmarian.lambeth@fldoe.org

61. 61 Local Contacts Principal Principal Assistant Principal Assistant Principal Human Resources/Personnel Human Resources/Personnel Deputy/Assistant Superintendent Deputy/Assistant Superintendent

62. 62 Handouts Tri-fold Brochure-Code of Ethics and Principals of Professional Conduct Tri-fold Brochure-Code of Ethics and Principals of Professional Conduct Tri-fold Brochure-Identifying and Reporting Professional Misconduct Tri-fold Brochure-Identifying and Reporting Professional Misconduct Child Abuse Information Child Abuse Information Disqualifying Offenses Disqualifying Offenses

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