Topics in Educational Leadership

1. Topics in Educational Leadership Alicia White Jennifer Collins Seth McConnell

2. Unprofessional Behavior in the School Setting

3. Statement of the Problem • Unprofessional behavior occurs on a daily basis among all staff members, sometimes without even realizing it is taking place. • A collection of research will be presented to discuss strategies to effectively deal with unprofessional behavior of staff members.

4. National Issues • Alan Baas has written Background Check on School Personnel to inform states and school divisions about the consequences of not performing background checks before hiring teachers and other personnel. According to the article, Baas finds that larger school systems tend to do criminal background checks before hiring, while smaller systems rely mainly on calling references. A major concern for some administrators is hiring a person after an initial screening, but later having to fire that person because the screening failed. This is why it is important to screen before hiring.

5. What are the District’s Liabilities? • Michael Lotito and Margaret Bryant sum up the problems of background checks by saying, “Say too much, and risk a lawsuit; ask too little, and risk a lawsuit.” • If too much is said when being asked about a former employee, the district could be liable for defamation. • If too little is asked when calling references, the district could be liable for negligent hiring.

6. How Can You be Careful? • Many states are requiring an FBI investigation and fingerprint check before being hired. • This discourages many applicants with past convictions from applying. • States are also checking registries of know child abusers and sex offenders. • In order to protect against negligent hiring charges, copies of all supporting documentation need to be kept, and all references checked carefully. • Ask applicants if they have ever been convicted of a crime with a chance to respond.

8. State Issue • On June 5, 2009, a news story about an Alabama teacher was featured on the CNN website. Fired and Behind Bars, a Teacher Still Gets Paid was the headline for the story. According to CNN, former teacher Charlene Schmitz was fired and arrested for using text and instant messages to seduce a 14-year-old student. However, she still receives her $51,000 salary while behind bars.

9. Facts from the story: • Schmitz was found guilty of 2 federal charges of enticing a child by electronic means, with a 10 year sentence. • Alabama Teacher Tenure Law states that tenured teachers are protected against unfair firings and allows teachers to appeal any firing they feel is unfair. • These appeals must be decided by an arbitrator. • In Alabama, all criminal cases must be resolved before any civil cases can be handled. With Schmitz repeatedly appealing her criminal cases, the school board can not resolve the firing. • Therefore, the school board must continue paying her teaching salary and her replacement’s salary.

10. Local Issues • According to a news story published by News 8, a news organization within the Loudoun County, VA area, parents are demanding better background checks for teachers. The article was titled Parents Demand Better Background Checks on Teachers, and was written after it was revealed that a Loudoun County special education teacher was implicated in a 2002 death of a Texas student.

11. Facts From the Story • Dawn Marie Hamilton is employed as a special education teacher at Park View High School. • While a special education teacher in Killeen, Texas, Hamilton pinned a student that was out of control by laying on him. • The student weighed 129 pounds while Hamilton was 230 pounds. When she got up, the student was dead. • The student’s death was ruled as a homicide, but Hamilton was never arrested or charged.

12. Facts, cont. • The child’s foster parent felt that Hamilton was just doing her job. • When a background check was complete by the Loudoun County schools, no information about the incident was found. • Parents in Loudoun County feel more information is needed before teachers are hired. • Hamilton was placed on paid administrative leave while the county investigates. • http://www.news8.net/news/stories/0509/624783.html

13. Local Interview/Issues • What are some general non-professional conduct situations you have had to deal with as a principal? • Teachers not getting to work on time. • Not calling in to let someone know that they were going to be late or not come into work. • Frustration in the classroom (yelling, impatient with students, too demanding). • Employees having ill feelings toward each other. • Teachers not keeping situations involving teachers, students, or parents confidential.

14. Continue • What do you find works best when dealing with these problems? • Speaking to the teacher in private usually lets the teacher know that what they are doing is inappropriate. Many teachers do not realize some of the things they are doing are inappropriate. • If this does not work, the situation needs to be put in writing with the teacher signing a copy. This will be kept on file to document the situation has been addressed. • Faculty meetings to generally address problems tend to work. No names are mentioned.

15. Continue • What are some more severe issues you have had to deal with and how did you deal with them? • Problem: A teacher’s room was extremely dirty all the time. There were dirty dishes stacked up, used tissues everywhere, and old food on tables. • Solution: A letter was written asking the teacher to clean the room due to health and safety issues. A copy was kept on file. • Problem: A teacher was spreading gossip about another teacher having an affair with a parent from another school. • Solution: The SBO contact for the school was called, a letter referencing non-professional conduct was sent to the teacher, and a meeting was set up between this teacher and the SBO contacts.

17. Interview • Mr. McConnell interviewed the Director of Instruction. • A series of questions were asked based on procedure for dealing with unprofessional behavior.

18. Summary of Interview • Unprofessional behavior isn’t clearly defined. • There’s so many things an employ can do that would be in the “gray” area.

19. Continue • Professionalism is spelled out in teacher evaluations. Some examples are: • Punctual & dependable • Participates in Professional Development • Actively supports & participates in school • Follows the established chain of command • Stays informed • Maintains confidentiality • Accurate and punctual • Serves as a positive role model for students

20. Continue • A school leader should address ANY unprofessional behavior by any employee as soon as they are aware of it. • Nothing should be “swept under the rug” and should be addressed. • Examples of minor unprofessionalism • Tardiness, leaving early • Dress • Lesson plans

21. Continue • More serious unprofessionalism, which would violate local or state law, would have to involve law enforcement. Examples: • Relationships with students • Evidence of drugs or alchohol • Inappropriate language • Insubordination (not against law, but against contract between teacher & school board)

22. Continue • Take safety into consideration when dealing with extreme unprofessionalism. • Termination may result if an employee is faced with extreme behaviors outside of the school community. • To address unprofessional behavior, be authoritative and direct; take action. • Educate staff and let teachers know that there will be no question about what will happen if breaches of professional behavior happen. • Policy should always be followed.

23. Federal Resources • The National Education Association’s Code of Ethics • Preamble • The educator, believing in the worth and dignity of each human being, recognizes the supreme importance of the pursuit of truth, devotion to excellence, and the nurture of the democratic principles. Essential to these goals is the protection of freedom to learn and to teach and the guarantee of equal educational opportunity for all. The educator accepts the responsibility to adhere to the highest ethical standards. • 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. The Code of Ethics of the Education Profession indicates the aspiration of all educators and provides standards by which to judge conduct. • The remedies specified by the NEA and/or its affiliates for the violation of any provision of this Code shall be exclusive and no such provision shall be enforceable in any form other than the one specifically designated by the NEA or its affiliates.

24. NEA Principle I • Commitment to the Student • The educator strives to help each student realize his or her potential as a worthy and effective member of society. The educator therefore works to stimulate the spirit of inquiry, the acquisition of knowledge and understanding, and the thoughtful formulation of worthy goals.

25. NEA Principle II • Commitment to the Profession • The education profession is vested by the public with a trust and responsibility requiring the highest ideals of professional service. • In the belief that the quality of the services of the education profession directly influences the nation and its citizens, the educator shall exert every effort to raise professional standards, to promote a climate that encourages the exercise of professional judgment, to achieve conditions that attract persons worthy of the trust to careers in education, and to assist in preventing the practice of the profession by unqualified persons.

26. State Resources

27. PROFESSIONAL BEHAVIORS AND DISPOSITIONS SELF EVALUATION FORM College of Education University of Nevada, Reno

29. Unprofessional Behaviors as Described by the Scott County Public School’s Policy Manual • 1. Unfulfilled Attendance Expectations- “All employees are expected to be present during all work hours. Absence without prior approval, chronic absences, habitual tardiness or abuses of designated working hours are all considered neglect of duty and will result in disciplinary action up to and including dismissal” (Scott County Public Schools, File GAA, page 2).

30. Unprofessional Behaviors as Described by the Scott County Public School’s Policy Manual • 2. Lack of Network Etiquette- “Each user is expected to abide by generally accepted rules of etiquette including the following:” • Users shall not forge, intercept, or interfere with electronic mail messages • Users shall use appropriate language • Users shall not post personal contact information about themselves or others • Users shall not post chain letters or download large files • (Scott County Public Schools, File GAB/IIBEA-R, page 2).

31. Unprofessional Behaviors as Described by the Scott County Public School’s Policy Manual • 3. Sexual Harassment- “The Scott County School Division is committed to maintaining a learning/working environment free from sexual harassment based on race, national origin, disability, or religion. Therefore, Scott County School Division prohibits sexual harassment and harassment based on race, national origin, disability, or religion of any student or school personnel at school or any school sponsored activity.” • Definition of Sexual Harassment: Consists of unwelcome sexual advances, requests for sexual favors, sexually motivated conduct or other verbal or physical conduct or communication of a sexual nature.

32. Unprofessional Behaviors as Described by the Scott County Public School’s Policy Manual • Examples of Sexual Harassment: • Unwelcome sexual physical contact • Unwelcome repeated sexual flirtation • Sexual slurs • Graphic comments about an individual’s body • Sexual jokes, notes, stories, drawings, gestures, or pictures. • Spreading sexual rumors • Complaint Procedure: • File Report • Investigation • Action by Superintendent • Appeal • Compliance Officer • (Scott County Public Schools, File GBA/JFHA, pgs. 1-5)

33. Unprofessional Behaviors as Described by the Scott County Public School’s Policy Manual • 4. Legal Charges and Convictions of Employees- “An employee who is charged by summons, warrant, indictment, or information with the commission of a felony or misdemeanor specificified in Virginia code 22.1-315 may be suspended” (Scott County Schools, File GCDA, page 2). • “The superintendent shall inform the School Board of any notification of arrest of a school board employee received pursuant to Virginia Code 19.2-83.1. The School Board shall require such employee, whether full-time or part-time, permanent, or temporary, to submit fingerprinting and to provide personal descriptive information to be forwarded along with the employee’s fingerprints to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information….[that] shall be used only to implement dismissal, suspension, or probation (Scott County Public Schools, File GCDA, page 3).

34. Unprofessional Behaviors as Described by the Scott County Public School’s Policy Manual • 5. Staff Gifts and Solicitations- “Exchange of gifts between students and staff is discouraged. No school division employee shall solicit goods or services for personal use or for student use during school hours on school property without written authorization from the superintendent” (Scott County Public Schools, File GBI, page 1). • 6. Staff Participation in Political Activities- “Employees may solicit support for political candidates or political issues outside regular work hours, and off school property. School employees engaging in political activity must make it clear that their views and actions are made as individuals and that they do not represent the views of the school division” (Scott County Public Schools, File GBC, page 1). • 7. Use of Tobacco- “Smoking, chewing, or any other use of any tobacco products by staff, students, and visitors shall be prohibited on school property….” (Scott County Public Schools, File GBEC, page 1).

35. Unprofessional Behaviors as Described by the Scott County Public School’s Policy Manual • 8. Staff Weapons in School- “The Scott County School Board is committed to maintaining a safe and secure working and learning environment. Staff are prohibited from carrying, bringing, using or possessing any weapon as defined in JFCD, in any school building, on school grounds, in any school vehicle, or at any school sponsored activity without authorization. The Superintendent and School Board will take appropriate personnel action up to and including dismissal of any employee found in violation of this provision” (Scott County Public Schools, File GBEB, page 1).

36. Frequently Asked Questions • How will unprofessionalism impact your work as new school Leaders? • As school leaders we need to be able to wear a variety of hats. We have to be instructional leaders, financial officers, and an administrator. Part of the administrator’s duties is to resolve conflicts and address unprofessional behavior. • Which ISSLC’s can help you improve the issues associated with unprofessionalism and why? • ISSLC Standards 1.2a, 1.3b, 1.4a, 1.4c, 2.3a, 2.3c, 3.1b, 3.1c, 3.2c, 5.1, 5.2, 5.3, 6.1d, 6.1h, 6.2

37. FAQs • How can the implementation of technology assist you in reducing the threat to the loss of instructional time/focus because of unprofessionalism? • Technology that could be used to address unprofessional behavior could range from various powerpoint presentations focused on specific examples such as faculty dress-codes, conflict resolution, and social behaviors.

38. FAQs • As an assistant principal or principal how can you help resolve the issues identified in unprofessionalism not only in your school but within the school division and school division leadership? • As a school leader, one must approach unprofessional behavior in a fair, direct, and concise manner. Faculty members that have displayed unprofessional behavior must be addressed so that the school may run more efficiently and lack the distractions that unprofessional behavior can bring. School leaders must be authoritative in these discussions so that the faculty member fully understands that un-professionalism is not tolerable.

39. FAQs • How will you communicate to all stakeholders unprofessionalism and your recommendations? • Staff meetings, workshops, and in-service activities are all great ways for the school leader to address issues of unprofessional behavior. It is important that we convey what we consider to be unprofessional behavior so our staff knows how to conduct themselves more clearly. It is important for the faculty to know that unprofessional behavior is unacceptable and will be dealt with when needed.

40. Bibliography • National Education Association http://www.nea.org/home/30442.htm • Local Story http://www.news8.net/news/stories/0509/624783.html • Nevada Evaluation Form http://www.news8.net/news/stories/0509/624783.html • Alabama State Issue http://www.cnn.com/2009/CRIME/06/05/alabama.teacher.sex.salary/index.html • Local Resource: Scott County School Policy Manual

41. ERIC Identifier: ED324767 • Publication date: 1990 • Author: Baas, Alan • Source: ERIC Clearinghouse on Educational Management, Eugene, OR • Title: Background Checks on School Personnel • ERIC Digest Series EA 55