Standards of Conduct for South Carolina Educators

Standards of Conduct
for
South Carolina Educators
Revision date: May 8, 2007 ADEPT: 10D CCU CF: 4.3
Legal Requirement
As a college of teacher education in the
state of South Carolina, the Spadoni
College of Education is required by law
to inform you of the standards of
conduct for South Carolina educators.
This information must also be given to
you in a written format.
How do we adhere to that
law?
This information is given to you in a
PowerPoint presentation, as part of our
Mini-Seminar series. The Mini-Seminar
series is a requirement for the
application process to the professional
program. You are also given a
hardcopy of the information of the
PowerPoint presentation from the MiniSeminar.
How do we adhere to that
law?
This information is also provided on the
Spadoni College of Education webpage
under the heading of Field Placement.
http://www.coastal.edu/education/field/
How do we adhere to that
law?
This information is also provided in a
written brochure that is given to every
student that participates in Freshman
Immersion Day and in the Internship.
Preamble to the National Education
Association’s Code of Ethics of the
Education Profession
“The educator recognizes the magnitude
of the responsibility inherent in the
teaching process. The desire for the
respect and confidence of one’s
colleagues, of students, of parents,
and of the members of the community
provides the incentive to attain and
maintain the highest possible degree
of ethical conduct.”
Wording
The Code of Conduct cannot list every
single behavior that a teacher, or
teacher education candidate, should
demonstrate; therefore, the Code of
Conduct is written to indicate behaviors
that are unacceptable and will lead to
suspension and revocation of a
teaching license.
Definition
Just Cause
“Just Cause” is a legal term that means
that the action in question has provided
sufficient reason for the consequence.
In this situation, “Just Cause” means
reasons to suspend or revoke a
teaching license.
Just Cause
(1) Incompetence;
(2) Willful neglect of duty;
(3) Willful violation of the rules and
regulations of the State Board of
Education;
(4) Unprofessional conduct;
Incompetence
1 : not legally qualified
2 : inadequate to or unsuitable for a
particular purpose
3 : lacking the qualities needed for
effective action
4 : unable to function properly
Just Cause
(5) Drunkenness;
(6) Cruelty;
(7) Crime against the law of this State or
the United States;
(8) Immorality;
Immorality
1: conflicting with generally or traditionally
held moral principles
Morality
1 : of or relating to principles of right and
wrong in behavior
2 : expressing or teaching a conception of
right behavior
3 : conforming to a standard of right
behavior
4 : sanctioned by or operative on one's
conscience or ethical judgment
Just Cause
(9) Any conduct involving moral turpitude;
(10) Dishonesty;
(11) Evident unfitness for position for
which employed;
(12) Sale or possession of narcotics;
Moral Turpitude
1: Any base or vile conduct that is
contrary to accepted morals, that
accompanies a crime.
2: Depravity: morally debased, evil.
3: Inborn corruption, every facet of human
nature has been polluted, defiled, and
contaminated by sin.
Unfitness
1: not fit
2: not adapted to a purpose
3: not qualified
4: physically or mentally unsound
Narcotics
1 : a drug (as opium or morphine) that in
moderate doses dulls the senses,
relieves pain, and induces profound
sleep but in excessive doses causes
stupor, coma, or convulsions
Narcotics
2 : a drug (as marijuana or LSD) subject
to restriction similar to that of addictive
narcotics whether physiologically
addictive and narcotic or not
3 : something that soothes, relieves, or
lulls
Just Cause
13) obtaining or attempting to obtain a
certificate by fraudulent means or through
misrepresentation of material facts;
14) failure to comply with the provisions of a
contract without the written consent of the
local school board;
15) test security violation;
16) failure to comply with a court order for child
support; and
17)failure for a second time to complete
successfully the formal evaluation process as
an annual contract teacher.
Breach of Contract
Any teacher who fails to comply with the
provisions of his [or her] contract
without the written consent of the school
board shall be deemed guilty of
unprofessional conduct.
Breach of Contract
A breach of contract resulting from the
execution of an employment contract
with another board within the State
without the consent of the board first
employing the teacher makes void any
subsequent contract with any other
school district in South Carolina for the
same employment period.
Breach of Contract
Upon the formal complaint of the school
board, substantiated by conclusive
evidence, the State board shall suspend
or revoke the teacher’s certificate, for a
period not to exceed one calendar year.
State education agencies in other states
with reciprocal certification agreements
shall be notified of the revocation of the
certificate.
Sanctions
Sanctions are the consequences that the
school system can impose upon a
teacher.
In South Carolina, the school system has
five consequences to a Just Cause
action.
Sanctions
1. Public reprimand.
2. Suspension for a specified period of time of
teaching license.
3. Suspension of teaching license for a
specified period of time accompanied by
satisfaction of conditions such as drug and
alcohol testing, psychiatric testing,
counseling or treatment, or other conditions
appropriate to the facts of the case.
Sanctions
4. Revocation of license where the
teacher can reapply for a license in
three years.
5. Permanent revocation of license.
Process for suspension
or revocation
1) School districts are required to report
the name of any certified educator who
is dismissed, resigns, or is otherwise
separated from employment with the
district based on allegations of
misconduct.
Process for suspension
or revocation
Once the Department of Education has
been notified of conduct that could
constitute just cause for sanctions
against a teacher’s certificate, the
Department will send the teacher a
letter by registered mail indicating that a
hearing will be held.
Process for suspension
or revocation
The teacher has fifteen days from the
receipt of this letter to make a written
request to appear at the hearing and to
indicate whether the teacher wishes the
hearing to be public or private.
Process for suspension
or revocation
If the teacher fails to do so within the time
frame, he or she will waive the right to
appear at the hearing and the State
Board may make a determination based
on evidence presented by the
Department.
Process for suspension
or revocation
2) If the educator requests a hearing, he
or she will have a due process hearing
before the Board or a hearing officer.
3) After a final decision is made, an order
is signed by the Board chair, and a copy
is sent to all interested parties.
Process for suspension
or revocation
4) Notice of suspension or revocation of a
teacher’s certificate is sent to all districts
in South Carolina and to the National
Association of State Directors of
Teacher Education and Certification
(NASDTEC) Clearinghouse. Notices of
public reprimand are sent only to the
school districts.
Majority of Suspensions
The majority of teachers in South Carolina
who have their certificates suspended
or revoked do so because of
inappropriate relationships or actions
toward a student.
South Carolina teachers
have lost their teaching
certificates for
• Pursuing a personal, inappropriate
relationship with a student;
• Touching a student in a way that is
deemed inappropriate;
• Engaging in a physical altercation with a
student;
• Supplying alcohol or drugs to a student;
South Carolina teachers
have lost their teaching
certificates for:
• Using a school computer to view or
download pornography;
• Sending or receiving prurient emails,
including child pornography;
• Violating test security;
• Embezzling public funds;
South Carolina teachers
have lost their teaching
certificates for:
• Violating state or federal laws involving
drugs or alcohol or other illegal
behavior;
• Committing breach of trust; and
• Breaching a teaching contract.
Criminal Background
Disclosure!
Applicants for certification in South
Carolina have had their applications for
certification denied because they have
serious criminal records and, in some
cases, failed to fully disclose their
criminal records.
Personal Involvement
It is the policy of the Spadoni College of
Education that teacher education
candidates and Interns shall refrain from
becoming involved with public school
students at the assigned school both
during and after the internship or field
experience.
Personal Involvement
Involvement may take many forms
including, but not limited to
• inappropriate personal comments made
individually or to the class as a whole;
• participation with a public-school
student in social activities not
sponsored by the public school;
Personal Involvement
• communication of a personal nature by
phone, email, text-message, Internet
communication services, or letter to
either the student or the
parents/guardians of the student; and
Personal Involvement
• engaging in social situations with school
district personnel (faculty and staff of
assigned school) outside of the school
setting during the course of the field
experience or internship.
What About Mentoring?
Mentoring is a different relationship than a
teacher/student relationship. It has its own set
of conduct regulations that protect the public
school student from inappropriate
relationships. In formal mentor relationships,
the university student may have interactions
outside of the public school setting - but
always with the permission of the parents and
with strict adherence to the conduct
regulations.