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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.