CONTINUED EXCELLENCE

ELEVATING AN ESTEEMED PROFESSION

Diana E. Fenton, Esq., Chief, Governance Unit

Richard Farrell, Investigator

“An ethics code reflects a collective decision that a profession is better off when ethical standards are not based solely on individual assessments of what is or is not acceptable.”

Fisher. C. (2013). Decoding the Ethics Code: A practical guide for psychologists (3rd edition).

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Code of Conduct is Not Punishment—

It is about Process!!!

CODE OF CONDUCT—A STATEWIDE DOCUMENT

Why do we need the CoC?

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Local Control Does not solve a Statewide problem.

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Dealing with educator misconduct issues in the realm of employment only does not solve the entire issue.

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CHILD SAFETY IS NOT A ZIP CODE ISSUE!!!

WHY IS A CODE OF CONDUCT IMPORTANT?

• Child Safety should not be determined by zip code!!

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• Teachers are asked to play an increasingly expansive role in students’ lives without any discussion of the inherent risks of this.

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• All professions that are characterized by intimate relationships rely on professional standards and norms that help them recognize and respond appropriately when navigating interactions.

A BRIEF HISTORY OF CREATING �THE CODE OF ETHICS & CODE OF CONDUCT

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June 2015—PSB began to look into a code of ethics;

August 2016—Commissioner Barry created Ethics Task Force;

Sept-Dec 2016—Task Force begins work on Code of Ethics;

April 2017—HB 210 signed into law;

Sept-Dec 2017—Task Force transitions focus to Code of Conduct;

Summer of 2018—State Board accepts Code of Ethics;

November 2018—State Board adopts Code of Conduct

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STATUTE

RSA 21-N:9, II(CC)

RULES

THE DIFFERENCE

Code of Conduct

NH’s Principles of Professional Conduct

ARE YOU TALKING TO ME?

Who is the document applicable to??

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Code of Ethics—Applicable to all educators and all school personnel

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Code of Conduct—Applicable to all credential holders

“Credential” is defined in Ed 501.02(g)—page 9 of the Code of Ethics & Conduct booklet!

CODE OF CONDUCT VS. CODE OF ETHICS

Code of Ethics is guidance—aspirational in nature—articulates responsibilities common to all members of the education profession.

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Code of Conduct establishes the lowest standard of care—it is actionable only against credential holders

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Applicable on or off duty!

CODE OF ETHICS & CONDUCT

Difference in language:

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Code of ethics:

When communicating with students, utilizes social media responsibly, transparently and primarily for the purposes of teaching and learning

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Code of Conduct:

An educator shall not engage in harassment, stalking, or bullying via electronic media.

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EMPLOYMENT VS. LICENSURE

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• Licenses are required in professions that require public trust;

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• Employment and licensure are separate concepts;

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• The Department’s role is broader in jurisdiction, but narrower in scope.

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Emplyoment

The Analysis…..

Employment

Code of Conduct

Code of Ethics

Separate and distinct, but sometimes they affect each other.

CODE OF ETHICS & CONDUCT

Four Principles:

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Principle I—Responsibility to the Education Profession and Educational Professionals;

Principle II—Responsibility to Students;

Principle III—Responsibility to the School Community;

Principle IV—Responsible and Ethical Use of Technology

**Principle V—Duty to Report

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CODE OF CONDUCT—PRINCIPLE 1 (ED 510.01)

Responsibility to the Education Profession & Educational Professionals:

• Failure to report if arrested for RSA 189:13-a, V offense;
• Falsifying professional qualifications;
• Unlawful possession of drug;
• Possessing or being under influence of drugs or alcohol on school premises or school sponsored activity where students are present.

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CODE OF CONDUCT—PRINCIPLE II (ED 510.02)

Responsibility to Students:

• Failure to provide appropriate supervision of students pursuant to local policy;
• Furnishing alcohol or illegal drugs to students;
• Engaging in sexual activity with student;
• Soliciting participation in sexual relationship

* “Student” is defined as being up to 10 months after graduation

CODE OF CONDUCT—PRINCIPLE III (ED 510.03)

Responsibility to the School Community:

• Accepting gifts or favors where there might be an actual or appearance of a conflict of interest

**Gifts of small amount shall NOT be deemed conflict of interest.

• Misuse of funds for use by the school
• Intentional altering or misrepresenting student assessments, results or official school records.

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SO WAIT JUST A MINUTE……

What if a parent gives me a bottle of wine as a present?

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Am I going to lose my license for that??

CODE OF CONDUCT—PRINCIPLE IV (ED 510.04)

Responsible & Ethical Use of Technology:

• Soliciting a sexual relationship with a student
• Engaging in inappropriate communication—intent, timing, subject matter and amount of communication and whether communication could reasonably be interpreted as being sexual in nature.

* “Student” is defined as being up to 10 months after graduation

I NEED SOME EXAMPLES OF WHAT YOU ARE SAYING

• “YOU were one of my rare accomplishments”

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• “I saw special in you from the beginning”

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• “I felt compelled to both nurture and provocatively challenge [your thoughts]”

CODE OF CONDUCT—PRINCIPLE V (ED 510.05)

Duty to Report:

• Any credential holder shall report any suspected violation of the code of conduct
• Superintendent shall report to office of credentialing when a credential holder has been arrested for RSA 189:13-a and violated code of conduct
• Credential holders shall report abuse or neglect

INVESTIGATIONS—ED 511.01

• Initial review
• Credential holder is notified if placed under investigation
• Superintendent is notified if credential holder is placed under investigation

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INVESTIGATIONS—ED 511.01

This letter serves as the official notification, pursuant to New Hampshire Administrative Rule Ed. 511.01, that the New Hampshire Department of Education has initiated an investigation into a complaint against you which alleges that you engaged in an act or acts which violate the New Hampshire Code of Conduct for Educational Professional as enumerated in Ed. 510.01-510.04.

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Specifically, the Department of Education has become aware of an action(s) which may have violated Ed ------- of the Code of Conduct for Educational Professionals. Specifically, the allegation is that you -------------------. At this time, no action has been taken against your teaching credential. Therefore, your teaching credential is still valid during this pending investigation. A copy of this letter will be provided to the superintendent of SAU ----- and the Union.

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SANCTIONS—ED 511.02

Four options---3 forms of sanction:

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Close out case—Allegation unfounded—no action taken

Suspension—rescinded for set period of time

Revocation—permanently rescinded

Reprimand—note to file of credential holder

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INVESTIGATIONS—ED 511.01

Considerations of sanctions:

• Seriousness of offense;
• Prior disciplinary record
• Potential harm to students
• Purpose of the rule violated

REPRIMAND, SUSPENSION OR REVOCATION

Ed 511.02

• All discipline is documented in writing
• Signed by all parties
• Maintained in electronic credentialing file

Ed 502.01

List of suspended and revoked educators is maintained and is on DOE website

Ed 511.05

Grounds for Reinstatement after Suspension

THE STATE OF NEW HAMPSHIRE

In re: NAME

Credential Suspension Agreement

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In Consideration For the Suspension of Educator Credential Between:

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NAME (EdId: XXXX)

and

The New Hampshire Department of Education

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WHEREAS NAME (EdId: XXXX) maintains an Educator Certificate in -------------.

WHEREAS NAME (EdId: XXXX)

NOW THEREFORE, NAME (EdId: XXXX) agrees to voluntarily surrender his Educator Credential in --------------, which will result in a suspension of his educator credential pursuant to the following conditions:

1. NAME shall voluntarily surrender his educator credential. This voluntary surrender will result in the SUSPENSION of his New Hampshire Educator Credential (EdId: XXXX). This suspension shall become effective on XXXX, immediately upon all required parties signing this agreement. The terms of this suspension are as follows:

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OTHER ISSUES TO BE AWARE OF—ED 511.04

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If arrested for RSA 189:13-a, V, DOE can do an immediate suspension of credential

• Credential holder and school district will be notified
• Credential holder is entitled to hearing within 10 days.

CONTACTS

Richard Farrell, Investigator

271-8372 (office)

231-0521 (cell)

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Diana Fenton, Esq. Chief of the Governance Unit

271-3189 (office)

325-2198 (cell)