Information for Educators
My duties as a
professional educator
There are over 700,000 educators
under the commission’s jurisdiction and over 160,000 educators
who work in schools across the commonwealth, including traditional public
schools, charter and cyber charter schools, licensed private academic
schools. The vast majority of these
educators are highly competent and committed members of the education
profession. It is the misconduct of the few, however, that impugns the
integrity of the profession and gives rise to the need for professional
discipline.
As an educator in Pennsylvania, you have made a commitment
to uphold the values that are made explicit in the code of professional
practice and conduct for educators. This code should guide your
actions and relationships with students, parents, colleagues and the community
at large.
Educators have long been viewed as moral exemplars and as
role models within our society. In order to be an effective educator, you
must recognize the moral component of education and your fiduciary
responsibilities to the students in your charge. As a
"fiduciary" you are expected to act in the best interests of the
students at all times. In addition, as a member of a profession, you have
the unique privilege of self-regulation. One of the challenges of
self-regulation is the concomitant duty to report misconduct and to protect
students from conditions that are harmful or unsafe. It is only by
working together to enforce high ethical standards within the education
community that we can ensure the quality of education in the commonwealth.
Under the amendments to the professional educator discipline
act, effective February 16, 2014, all educators are obligated to file a
mandatory report with the department of education whenever they have
knowledge that the action or inaction of another educator may involve
sexual misconduct or sexual abuse or exploitation.
Steps to take if a complaint is filed against you:
The educator discipline act provides that any
interested party may file a
complaint against an educator for misconduct with the department of
education. While the complaint review system is designed to cull out
frivolous or meritless claims, complaints remain under investigation until the
department determines that there is no legal sufficiency to proceed, the
complaint lacks probable cause, the complaint should be dismissed, or that
local discipline action by a school entity is sufficient.
If you are the subject of a complaint, the department will
inform you of the nature of the complaint by letter. The identity of the
complainant will not be disclosed unless that information becomes
necessary in your defense against the allegations. It is also important
that if you know or think that you know the source of the complaint that
you take no steps to confront, harass or intimidate the
complainant.
As soon as you become aware that a complaint has been filed
against you, it is recommended that you carefully review the allegations lodged
against you. If applicable, you are encouraged to contact your union
representative or an attorney. Union representatives are generally very
familiar with the discipline process and can provide you with support and
guidance throughout the process. If you are working in a private school
or currently not working, you should consider consulting an attorney for
advice.
What to expect after a complaint has been filed against
me:
After a complaint has been filed, it is reviewed to
determine whether the complaint is legally sufficient to warrant
discipline. If the complaint is found wanting, it is dismissed at this
stage. The legal sufficiency review involves accepting the facts
stated in the complaint as true and then determining if the facts would warrant
educator discipline. If legal sufficiency is found, then the staff
attorney conducts a preliminary investigation, which includes seeking
information from you and the employing school entity where applicable. In
addition, the legal office may interview prospective witnesses and the
complainant. The purpose of this second review is to determine whether
there is probable cause to believe that grounds for discipline exist or whether
the allegations are supported by accompanying documentation. If
probable cause is not found, the complaint will be dismissed.
When probable cause is found, the department's legal office
conducts a full investigation. In cases involving arrests or convictions
for crimes involving moral turpitude or section 111(e) crimes, the process is
expedited and the investigation typically is limited to securing certified
copies of court records evidencing the arrest or conviction. Where the
complaint is based on factual allegations that do not fall within these two
categories of crimes, the department's legal office can elect to refer the
complaint to the local school entity for investigation or can choose to retain
the investigation. In either case, the department's legal office must
conduct either a follow-up investigation or a full investigation. Given
the complexity of investigations and the uniqueness of every case, it is
difficult to predict the length of an investigation.
After completion of the investigation, the
department must decide whether the case should be dismissed, whether a
formal notice of charges should be filed with the commission, whether local
disciplinary action by a school entity is sufficient, or whether the case can
be resolved through a settlement agreement. All settlement
agreements must be approved by the commission.
Once a notice of charges is filed against an educator, the
case is managed by the commission. In cases involving factual
disputes, the commission may assign a hearing officer, who will conduct a
hearing and recommend a decision to the commission. The commission meets
bi-monthly at which time it renders adjudications on specific cases.
Decisions adverse to you can be appealed to commonwealth court.
What are my rights in the disciplinary process:
The commission is committed to ensuring that your rights are
protected during the review, investigation and prosecution process. To
that end, complaints must be made subject to the penalties related to
unsworn falsifications and cannot be anonymous. You will be advised
of the specific allegations against you in writing. Investigations will
be conducted in an impartial manner. You will have an opportunity to
provide exculpatory information to the investigator. You have the
right to seek legal counsel and will be given an opportunity to provide a
written response to the notice of charges. At all stages of the
proceeding, you will be notified in writing of the department's
decisions. In the event of a hearing, you have the right to appear
and an opportunity to defend against the charges. The commission's hearing
officers will conduct fair and efficient hearings. The commission,
as final adjudicator of your case, will remain impartial at all
times.
Should I respond to the notice of charges:
One of your rights is to be provided with notice of the
charges against you and to have an opportunity to respond to these
allegations. You have 30 days to respond to charges after the charges
have been deposited in the mail. If you elect not to respond within that
timeframe, the commission may enter a decision against you without benefit of
your answer to the charges. It is of little benefit to plead your case to
the commission or the commonwealth court after a decision has been rendered
against you if you did not respond initially to the charges.
Should I request a hearing:
A hearing provides an educator with an opportunity to
present witnesses or evidence in support of his or her case or explain any
mitigating circumstances. The decision to request or to waive one's right
to a hearing should be made carefully.
If my case is going to be argued before the commission,
should I attend the meeting:
While it is not necessary to attend the meeting if
you are represented by an attorney who will be appearing on your behalf,
the commission recommends that you attend whenever possible.
Your personal appearance is especially important if the commission is going to
rule on your application for reinstatement.
What is the format of commission meetings:
The commission meets every other month (typically January,
March, May, July, September, and November) at the Department of Education in Harrisburg.
The meetings are public with the exception of the discussion of disciplinary
matters and other issues that fall outside of the scope of the sunshine
law.
Before hearing the disciplinary cases on the agenda,
the state board ex officio representative provides a report.
The department then proceeds to present the disciplinary cases on the
agenda. Each case is called and representatives of the department
and the affected educator are allowed to address the commission. The
appearance is not a hearing, but more akin to an oral
argument. As a general rule, the commission will not be taking testimony
or receiving new evidence from the parties.
At the close of the oral arguments, the commission will enter
an oral ruling on the cases. A written opinion reflecting the
decisions will be issued within the next few weeks. The time frame for
appeal of a commission decision starts from the date that the written
decision is mailed and not the date of the meeting at which time the
decision was made.
What are the most serious allegations lodged against an
educator:
At all times it is incumbent upon educators
to maintain a professional relationship with students, colleagues and
the public and to recognize the trust that is placed in educators by virtue of their position as an educator. The
most serious allegations of professional misconduct involve boundary violations
and sexual misconduct or sexual abuse or exploitation with students.
Actionable sexual misconduct in a school environment is much
broader than the legal concepts of "sexual abuse" or "sexual
harassment". While conduct that constitutes sexual abuse
or harassment is included in the concept of sexual misconduct, sexual misconduct
means:
Any act, including, but not limited to, any verbal,
nonverbal, written or electronic communication or physical activity, directed
toward or with a child or a student regardless of the age of the child or
student that is designed to establish a romantic or sexual relationship with
the child or student. Such prohibited acts include, but are not limited to, the
following: (1) sexual or romantic invitations; (2) dating or
soliciting dates; (3) engaging in sexualized or romantic dialogue; (4)
making sexually suggestive comments; (5) self-disclosure or physical exposure
of a sexual, romantic or erotic nature; or (6) any sexual, indecent,
romantic or erotic contact with the child or student.
"sexual abuse or exploitation” is defined under the child
protective services law.
In most cases where sexual misconduct is established, the
commission will revoke an educator's certification. Note that consent of a child or student to
engage in sexual misconduct is not a defense or a mitigating factor in any
disciplinary proceeding.
How to avoid allegations of misconduct:
It is important for you to understand the position of trust
in which you are held and societal expectations concerning your conduct.
Typically, educators who exercise good judgment in their interactions with
students, colleagues, and the public do not run afoul of the law or the
prescribed standards of conduct. In exercising judgment, you should be
mindful of the values set forth in the code of professional practice and
conduct as well as the following considerations:
- Avoid
activities that may reasonably raise concerns as to their propriety;
- Do not
engage in activities directed towards developing a relationship with a
student beyond the recognized boundaries of a teacher/student regardless
of the student's age;
- Avoid
making comments of a personal nature or suggestive in tone to a student;
- Avoid
any sexual or romantic contact with a student regardless of the student's
age or apparent consent;
- Avoid
inviting students to your home;
- Avoid seeing
students in isolated or private situations;
- Avoid
sharing information of a personal nature about yourself with students;
- Avoid
giving personal gifts to a student;
- Avoid
exchanging notes, e-mails or other communications with a student of a
personal nature;
- Avoid
situations which could be construed as posing a risk to the student or
facilitating an inappropriate relationship with students;
- Refer
students to the appropriate resource if they are in need of counseling;
and
- Be
mindful of your reputation in the community.
The most important thing you can do to protect yourself
against allegations of misconduct is to:
Be informed - understand the rules and laws
that oversee your conduct, including the code of professional practice and
conduct for educators, policies of your employer, and pertinent state and
federal laws.
Remember - let your actions be
guided at all times by the best interests of the student.
What should I do if I suspect that one of my colleagues
has been engaged in professional misconduct:
As a professional educator, you have an obligation to
protect students from conditions that are harmful or unsafe and are prohibited
from knowingly and intentionally withholding evidence about violations of an
educator's legal obligations. In addition, you have an obligation to the
profession to uphold its values. It is the commission's position
that individual educators have a responsibility to intervene when
they suspect misconduct. Such intervention may involve a report to a
supervisor or the filing of a complaint. As stated above, the amendments
to the educator discipline act, which are effective February 16, 2014, now
mandate that all educators are obligated to file a mandatory report with
the department of education whenever they have knowledge that the action or
inaction of another educator may involve sexual misconduct or sexual abuse
or exploitation.