Florida Department of Education Bureau of Professional Practices Services

1. Florida Department of Education Bureau of Professional Practices Services Marian W. Lambeth Bureau Chief

2. Bureau of what?

3. Who are we and what do we do?

4. Bureau of Professional Practices Services • Investigates allegations of misconduct by: • Certified Educators • Applicants for Certification

5. What are the Standards?Florida Statutes: 1012.56, 1012.795 & 1012.796State Board Rule: 6B-1.001 & 6B-1.006

6. Other pertinent statutes • 1012.32. Qualifications of Personnel • 1012.33. Contracts... • 1012.465. Background screening requirements / noninstructional • 1012.798. Recovery Network Program

7. Precedent Setting Cases • Adams v. State Professional Practices Council, 406 So.2d 1170 (Florida 1st DCA 1981) “…it should be noted that educators are held to a more rigorous moral standard than other professionals because of their role in educating children.” - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - • Tomerlin v. Dade County School Board, 318 So. 2d 159 (FL 1st DCA 1975) “…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 out (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.”

8. Good Moral Character • Good Moral Character is a phrase used often in the statutes with regard to requirements needed to qualify for licensure or employment with the state. However, this phrase has never been defined by the legislature. Other statutes which refer to “good moral character”, such as Section 402.305, Florida Statutes, or Section 231.17(1)(e), Florida Statutes, are usually accompanied with a list of crimes involving moral turpitude for which an applicant, if found convicted would be disqualified from receiving licensure or employment. • Rule 6B-4.009(2), FAC defines immorality as: • “ Conduct that is inconsistent with the standards of public conscience and good morals. It is conduct sufficiently notorious to bring the individual concerned or the education profession into public disgrace or disrespect and impair the individual’s service to the community.”

9. Moral Turpitude • Rules of the Florida Administrative Code do not provide a definition of “good moral character”. However, Rule 6B-4.009(6)FAC, defines moral turpitude as: • “ {A} crime that is evidenced by an act of baseness, vileness or depravity in the private and social duties, which, according to the accepted standards of the time a man owes to his or her fellow man or to society in general, and the doing of the act itself and not its prohibition by statute fixes moral turpitude.” • The Florida Supreme Court in Florida Board of Bar Examiners, 364 So.2d, 454, 458 (FL 1978) found that, • “A lack of “good moral character” should not be restricted to those acts that reflect moral turpitude. A more appropriate definition of the phrase requires an inclusion of acts and conduct which would cause a reasonable man to have substantial doubts about an individual’s honesty, fairness and respect for the rights of others and for the laws of the state and nation.” Reference: McKenzie, III, Sydney H., Definition of Good Moral Character Memo to Ida S. Baker, 1989

10. Moral character goes “beyond the ability to distinguish right from wrong, but the character to observe the difference.” Zemour, Inc. v. State Division of Beverage, 347 So.2d 1102 (Florida First DCA 1977)

11. Jurisdictions and Burdens of Proof • School Districts • employment matters • preponderance of the evidence • Professional Practices • Florida Educator’s Certificate • clear and convincing • Criminal Courts / Prosecutors • criminal charges • beyond a reasonable doubt

12. This Process... • Provides for competent and ethical educators • Requires each public school district to establish policies and procedures to report misconduct of certified employees to the Bureau of Professional Practices. • Ensures the integrity of the education profession

13. Examples of Cases Investigated • Sexual Misconduct • Inappropriate Discipline • Inappropriate Comments • Conversion of District Funds/Property • Fraudulent Information • Standardized testing violations • Criminal Charges • Drug Use / Alcohol Abuse • Incompetence • Harassment • Voyeurism • Plagiarism • Credential Fraud • Other Professional Sanctions

14. What does the district send? • District Reporting Form • District Investigative Report • Victim / Witness Statements • Pertinent Documents • Physical Evidence • Photos • District Disciplinary Action • Class or Team Roster • EVERYTHING to Support your Case

15. Review for Sufficiency... • Determine Jurisdiction • Review of File and supporting documents. • What did the district do to discipline and / or prevent the re-occurrence of misconduct? • Question: Does the conduct rise to the level of a sanction against the certificate? • Further Action or No Further Action

16. What does PPS do when a case is opened... • Notify educator and district • Review file • Contact district / site administrator • Conduct interviews • Procure documents / evidence • Review file • Conduct Conference • Refer to Legal Counsel • Present to Commissioner of Education

17. Probable Cause/Denial File a Complaint Right to Appeal Presented to Education Practices Commission Final Agency Action by a Final Order Order outlines sanctions Sanctions must be fulfilled Violations are prosecuted Florida has a 3 strikes law No Probable Cause Case is closed with no disciplinary action Notify educator, district, certification, counsel No Further Action Case is closed with no disciplinary action Notify educator, district, certification, counsel Findings

18. Final Order • Issued by the Education Practices Commission • Outlines Sanctions against a Florida Educator’s Certificate • Obligation of the educator to fulfill the requirements of the order • Obligation of the site administrator to assist with the fulfillment of the order • Obligation of the district not to employ individuals who have been denied, suspended or revoked in any capacity that requires direct student contact

19. What does PPS need from you... • Assistance with site administrators understanding the investigative process • Assistance in procuring all documents and evidence associated with a case • Updated information on respondent status with your district

20. Who has a Code of Ethics? As a member of the National Association of Professional Organizers, I pledge to exercisejudgment, The National Association of the Deaf (NAD) and the Registry of Interpreters for the Deaf, Inc. (RID) uphold high standards of professionalism and ethical conduct for interpreters. Code of Ethics and Standards of Practice of the NATIONAL ASSOCIATION OF REALTORS® International Brotherhood of Magicians agree to Code of Ethicsof the National Association of Social Workers Code of Ethics of the American Library Association CODE OF ETHICS AND PROFESSIONAL CONDUCT RADIO-TELEVISION NEWS DIRECTORS ASSOCIATION Code of Ethics for Archivists CODE OF BIRDING ETHICS Universal Autograph Collectors Club (UACC) ETHICAL PRINCIPLES OF PSYCHOLOGISTS AND CODE OF CONDUCT Code of Ethics for Registered Nurses For the Home Inspection Profession Code of Ethicsof the American Anthropological Association The National Press Photographers Association The National Athletic Trainers’ Association Code of Ethics states the principles of ethical behavior that should be followed in the practice of athletic training. Society of Professional Journalists believe that public enlightenment is the forerunner of justice and the foundation of democracy.

22. How do we stop educator misconduct? • Enlighten • Train • Help • Illustrate • Coach • Support

23. Knowledge is Power • 1) Inform your staff of the obligation to uphold the code of conduct • 2) Impress the value and honor of the profession • 3) Exemplify being a role model • 4) Adherence to the code is applicable 24/7 • 5) Violations of the code could result in discipline at employment level and certificate levels. • 6) Affirm and ensure that violations of the code will not be tolerated.

24. eth·ic ( th k)  Pronunciation Keyn. • A set of principles of right conduct. • A theory or a system of moral values: “An ethic of service is at war with a craving for gain” (Gregg Easterbrook). • ethics(used with a sing. verb) The study of the general nature of morals and of the specific moral choices to be made by a person; moral philosophy. • ethics(used with a sing. or pl. verb) The rules or standards governing the conduct of a person or the members of a profession: medical ethics. • Ethics. (n.d.). The American Heritage® Dictionary of the English Language, Fourth Edition. Retrieved October 25, 2006, from Dictionary.com website: http://dictionary.reference.com/browse/Ethics

25. Positions of Great Trust Educators hold positions of great trust. As members of a licensed profession educators have an obligation to students, the public and to the profession to uphold ethical standards. As a society, we trust educators with something of value; therefore, we expect they will always conduct themselves in a manner beyond reproach and afford us unquestionable trust.

26. Contact Information Bureau of Professional Practices Services 325 West Gaines Street, Suite 224-E Tallahassee, Florida 32399-0400 850.245.0438 850.245.0621 Marian W. Lambeth, Bureau Chief marian.lambeth@fldoe.org Certified Educators Sheree M. Fletcher, Program Director sheree.fletcher@fldoe.org Applicants Randy J. Amos, Program Director randy.amos@fldoe.org