30. Educators are required to report a breach of one or more of the Standards in the Code of Ethics for Educators as soon as possible but no later than ninety (90) days from the date the educator became aware of an alleged breach unless the law or local procedures require reporting sooner. Educators should be aware of local policies and procedures and/or the chain of command for reporting unethical conduct. Complaints filed with the Professional Standards Commission must be in writing and must be signed by the complainant (parent, educator, personnel director, superintendent, etc.). Code of Ethics Reporting Requirement
37. A fiduciary relationship is defined as "a special relationship in which one person accepts the trust and confidence of another to act in the latter's best interest." Feldman-Summers
40. Professional Educators have the responsibility for establishing and controlling the boundaries in their professional relationships.
41. Any time a professional exploits a relationship to meet personal needs rather than the needs of the client, the boundaries have slipped and the professional is in peril. The Professional and Boundary Issues Nancy Ellett Allison, PhD
42. What are the Professional Relationship Boundaries of Educators?
45. Sexual Misconduct “includes behavior by an educator that is directed at a student and intended to sexually arouse or titillate the educator or the child.” Mary Jo McGrath
46. Millions of students endure sexual misconduct by employees of their schools, ranging from inappropriate jokes to forced sex. Charol Shakeshaft Hofstra University
47. Sexual Abuse of Students The Unforgivable Boundary Violation
48. Sexual Abuse is defined as ANY sex act with a student!
50. Older Women The educator engaged in sexual misconduct with a male student that she taught in the sixth grade the previous year. The relationship involved telephone, text messaging, e-mail and internet contacts, and the student and the educator engaging in sexual activity.
51. High School Band Director The educator engaged in a sexual relationship with a 15 year-old female student in the band room of the high school. Physical evidence, including a used condom, was retrieved from the incident location.
52. The educator admitted that she and a student slept together and that she and a student had "French kissed. " She indicated that they had kissed more than once and less than five times. French Kiss
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54. Predator The educator provided cigarettes, alcohol and pornography to a 14 year-old student who frequently spent the night at his home. During a computer chat, the educator admitted that he found the student sexually attractive, that the student’s appearance and actions sexually stimulated him and asked for advice on how to initiate sexual interaction between himself and the student. Child pornography was found on the educator's computer. He pled guilty to Enticing A Child For Indecent Purposes.
57. Sexual Misconduct is not determined by the perpetrator’s intent, but by how it is perceived by the person receiving the attention. Mary Jo McGrath
58. Young people instinctively recognize these boundary violations and often nickname the employee engaged in such violations a “ pervert ,” based on their perceived sense of inappropriateness. Mary Jo McGrath
66. A 15 year old special education student accused the educator of rubbing/patting his bare stomach, telling him that he had gotten fat and then squeezing his penis through his clothes. The student has consistently told the same story. No one was present except the student and the educator when the incident occurred. A Touching Story
67. The Good Deed The Educator allegedly engaged in inappropriate behavior with a student she had previously mentored. The student lived in a dirty and crowded housing project where he had to sleep on the floor. The educator took him to eat, purchased him new clothes, and allowed him to sleep on the couch at her home on a couple of occasions.
68. The educator hugged students, called them “baby,” told them he loved them, told one student that she was “hot”, kissed one student on the forehead and placed his hands on the shoulders of another student. He said that his actions were paternalistic and not romantic or sexual in nature. Who Loves You Baby?
70. The educator, an assistant principal, was involved in a consensual sexual relationship with a subordinate teacher. Photographs of the educator in lingerie and sexually suggestive poses were posted on the internet and circulated throughout the educator’s school. The photos were downloaded from another teacher’s computer by a student while making repairs to the teacher’s computer. Model
71. The educator used his school system computer and cell phone to communicate with someone that he believed to be a 14 or 15 year-old female who was, in reality, a law enforcement officer. He expressed an interest in having a sexual relationship with the underage female persona. Pornography was discovered during a search of the educator’s school system office and school system computer. Superintendent
74. Be Friendly, Not a Friend. Conversations with students should be warm, caring and provide support for their learning and growth. Relationships should be centered on school events and activities.
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80. You are a private citizen, but you also are always an educator! Electronic Communications Your out-of-school conduct can affect your job security. What you post on a blog, on MySpace , or on Facebook can be accessed by students. If you wouldn't want it on the front page of the local newspaper don't post it on the web!
81. Dress Professionally Clothing and grooming should reflect the professional status of the educator and should never be provocative or a distraction to students.
82. Touching Do not touch students in a manner that a reasonable person could interpret as inappropriate.
83. Engage in age-appropriate forms of "non-sexual touching." This means, in Frances M. Carlson's words, "the touch must meet a child's age-appropriate expectations, as well as meet standards for what each individual child finds acceptable." Examples include: a Kindergarten teacher using a hug to comfort a student with a skinned knee; a coach patting a student on the back after winning a game.
84. Use the Touch Test "Would you allow a stranger, teacher, coach, counselor, or anyone with whom you do not have a close personal or familial relationship to do this to you? Your answer to this can tell you whether or not your touch is appropriate."
85. Consider the student's needs. "Does the student want to be touched or hugged? Some children who have been abused or who have tactile issues do not want to be touched. In fact, touching or hugging such a child may escalate a situation rather than enhance it."
86. Educators that have questions about how to handle situations involving professional relationships should consult with a supervisor.
