Integrity in ActionUnderstanding the Code of Ethics and

Principles of Professional Conduct

Welcome to Hillsborough County Public Schools!

Information about completing this course:

Completion of Code of Ethics is a condition of an educator’s employment,

and you are responsible for upholding the principles outlined in this

course. Please carefully review the information in this document as well

as the attached “Common Sense Guidelines.”

When you come to the Instructional Service Center for processing, you

will sign a document warranting that you have reviewed and completed

this course. To receive inservice credit, you must submit the knowledge

check that is included with this training. The knowledge check should be

mailed to:

HROnboardComp@hcps.net

If you have questions or concerns, please contact:

Christie Gold, Human Resources

christie.gold@hcps.net

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Objectives• Examine the higher standards educators are expected to

uphold both personally and professionally

• Understand educators’ ethical obligations to students, the

public and the profession

• Gain knowledge of court cases that establish legal

precedence for holding educators to a higher standard

• Review common sense guidelines for educators

Understanding the consequences of educator misconduct:

Employment Action vs. Certificate Action

Employment (District) Action: When educators

violate the Code of Ethics and Principles of

Professional Conduct, the district may take

action on the individual’s employment.

▫ Processed by Hillsborough County Public

Schools Office of Professional Standards (OPS)

▫ Investigated Internally

▫ Consequences determined by OPS and range

from a reprimand to termination

▫ Consequences apply to employment in HCPS

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Certificate (State) Action: If a case of educator misconduct comes before the state, the

educator may have action taken on his or her certificate. This can happen even if an

educator has already been disciplined by the district.

▫ Investigated by Professional Practices Services (PPS)

▫ The Commissioner of Education determines if there is probable cause to sanction the educator

▫ The Educator submits an Election of Rights contesting the allegations, acknowledging the allegations,

or opting to settle the case without confirming or denying the allegations.

▫ An administrative law judge and/or the Florida Education Practices Commission determines sanctions.

▫ Consequences range from a reprimand to permanent revocation and bar from reapplication.

▫ Consequences apply to any position in the state of Florida requiring an educator’s certificate. In the

case of a suspension or revocation, the educator may not work or volunteer in ANY capacity at a

school during the period of suspension or revocation.

▫ Disciplinary actions are posted on the FLDOE website and reported to a national database.

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The Code of Ethics and

The Principles of Professional Conduct

Rule 6A-10.081, Florida Administrative Code, outlines the Code of Ethics

and Principles of Professional Conduct for Florida educators.

The Code of Ethics and Principles of Professional Conduct applies to all

educators who hold certificates including administrators, instructional

personnel and athletic coaches.

It also includes those who do not have a certificate such as applicants,

student teachers and education support personnel. These individuals are

expected to abide by the Code of Ethics and Principles of Professional

Conduct even though they may not hold a certificate.

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The educator values the worth and dignity of every person,

the pursuit of truth, devotion to excellence, acquisition of

knowledge, and the nurture of democratic citizenship.

Essential to the achievement of these standards are the

freedom to learn and to teach and the guarantee of equal

opportunity for all.

The educator’s primary professional concern will always be

for the student and for the development of the student’s

potential. The educator will therefore strive for professional

growth and will seek to exercise the best professional

judgment and integrity.

Aware of the importance of maintaining the respect and

confidence of one’s colleagues, of students, of parents, and

of other members of the community, the educator strives to

achieve and sustain the highest degree of ethical conduct.

The Code of Ethics states that educators shall be guided by the

following ethical principles:

The Principles of Professional Conduct outlines the

educators’ obligations to three groups:

▫ Our Students

▫ The General Public

▫ The Profession

The following slides provide details on specific

obligations for each of these groups.

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Obligations to Students

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The following principles refer to educators when they are in the presence of students:

1. Shall make reasonable effort to protect the student from conditions harmful to learning and/or to the student’s mental

and/or physical health and/or safety.

2. Shall not unreasonably restrain a student from independent action in pursuit of learning.

3. Shall not unreasonably deny a student access to diverse points of view.

4. Shall not intentionally suppress or distort subject matter relevant to a student’s academic program.

5. Shall not intentionally expose a student to unnecessary embarrassment or disparagement.

6. Shall not intentionally violate or deny a student’s legal rights.

7. Shall not harass or discriminate against any student on the basis of race, color, religion, sex, age, national or ethnic

origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shall

make reasonable effort to assure that each student is protected from harassment or discrimination.

8. Shall not exploit a relationship with a student for personal gain or advantage.

9. Shall keep in confidence personally identifiable information obtained in the course of professional service, unless

disclosure serves professional purposes or is required by law.

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Obligations to Students: Case studies from state disciplinary hearings

An athletic coach knowingly allows junior and senior members of his team to “haze” freshman and sophomores who are

new to the team. The hazing rituals are humiliating and pose physical dangers to the new team members.

An honors chemistry teacher refuses to modify a lesson for a wheelchair-bound student in her class so that the student can

participate in a lab assignment with his classmates.

A teacher uses profanity in class, calls students names and tells immigrant students that they may be deported if they

continue misbehaving.

An assistant principal physically shoves a student into his seat in the lunchroom after the student misbehaves. As a result,

the student is physically injured.

After a mock Presidential election, a teacher berates students who support one candidate.

After picking students up from their PE class, an elementary teacher does not notice that a student is missing for almost 40

minutes. The student is later found wandering through a neighborhood near the school.

A high school teacher sends hundreds of text messages to a student. While the messages are not blatantly sexual, the

messages reference the student’s physical appearance and suggest meetings once school is out for the summer.

A student tells her reading teacher that her step father sometimes drinks too much and tries to climb in her bed after her

mother falls asleep. The teacher fails to contact DCF about suspected abuse.

The following are examples of complaints brought before and resolved by the Education Practices Commission:

12Obligations to the Public

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The following principles refer to an educator’s responsibilities to the general public:

1. Shall take reasonable precautions to distinguish between personal views and those of any educational institution or

organization with which the individual is affiliated.

2. Shall not intentionally distort or misrepresent facts concerning an educational matter in direct or indirect public expression.

3. Shall not use institutional privileges for personal gain or advantage.

4. Shall accept no gratuity, gift, or favor that might influence professional judgment.

5. Shall offer no gratuity, gift, or favor to obtain special advantages.

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Obligations to the Public: Case studies from state disciplinary hearings

The following are examples of complaints brought before and resolved by the Education Practices Commission:

On a prominent social media site, a teacher who is frustrated with the volume of mandated state tests, urges parents and

students to boycott an upcoming assessment.

An English teacher offers tutoring services for students who struggle with reading and writing skills. She accepts payment

from students who are currently enrolled in her class for additional tutoring. In addition, she tutors the students in her

classroom during lunch.

A dance team sponso,r who also runs a local dance studio, requires all members of the school dance squad to take a

minimum of two classes per week at her studio if they want to remain on the school team.

A teacher offers extra credit to students in her government class if they do yard work at her home on the weekend.

An administrator reports several laptops from his school as “stolen,” after selling them at a local pawn shop.

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Obligations to the Profession

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1. Shall maintain honesty in all professional dealings.

2. Shall not on the basis of race, color, religion, sex, age, national or ethnic origin,

political beliefs, marital status, handicapping condition if otherwise qualified, or social

and family background deny to a colleague professional benefits or advantages or

participation in any professional organization.

3. Shall not interfere with a colleague’s exercise of political or civil rights and

responsibilities.

4. Shall not engage in harassment or discriminatory conduct which unreasonably

interferes with an individual’s performance of professional or work responsibilities or

with the orderly processes of education or which creates a hostile, intimidating,

abusive, offensive, or oppressive environment; and, further, shall make reasonable

effort to assure that each individual is protected from such harassment or

discrimination.

5. Shall not make malicious or intentionally false statements about a colleague.

6. Shall not use coercive means or promise special treatment to influence professional

judgments of colleagues.

7. Shall not misrepresent one’s own professional qualifications.

8. Shall not submit fraudulent information on any document in connection with

professional activities.

9. Shall not make any fraudulent statement or fail to disclose a material fact in one’s

own or another’s application for a professional position.

10. Shall not withhold information regarding a position from an applicant or

misrepresent an assignment or conditions of employment.

11. Shall provide upon the request of the certificated individual a written statement of

specific reason for recommendations that lead to the denial of increments, significant

changes in employment, or termination of employment.

12. Shall not assist entry into or continuance in the profession of any person known to

be unqualified in accordance with these Principles of Professional Conduct for the

Education Profession in Florida and other applicable Florida Statutes and State Board

of Education Rules.

13. Shall self-report within forty-eight (48) hours to appropriate authorities (as

determined by district) any arrests/charges involving the abuse of a child or the sale

and/or possession of a controlled substance. Such notice shall not be considered an

admission of guilt nor shall such notice be admissible for any purpose in any

proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory. In

addition, shall self-report any conviction, finding of guilt, withholding of adjudication,

commitment to a pretrial diversion program, or entering of a plea of guilty or Nolo

Contendere for any criminal offense other than a minor traffic violation within forty-eight

(48) hours after the final judgment. When handling sealed and expunged records

disclosed under this rule, school districts shall comply with the confidentiality provisions

of Sections 943.0585(4)(c) and 943.059(4)(c), F.S.

14. Shall report to appropriate authorities any known allegation of a violation of the

Florida School Code or State Board of Education Rules as defined in Section

1012.795(1), F.S.

15. Shall seek no reprisal against any individual who has reported any allegation of a

violation of the Florida School Code or State Board of Education Rules as defined in

Section 1012.795(1), F.S.

16. Shall comply with the conditions of an order of the Education Practices Commission

imposing probation, imposing a fine, or restricting the authorized scope of practice.

17. Shall, as the supervising administrator, cooperate with the Education Practices

Commission in monitoring the probation of a subordinate.

The following principles refer to an educators’ obligations to the profession:

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Obligations to the Profession: Case studies from state disciplinary hearings

The following are examples of complaints brought before and resolved by the Education Practices

Commission:

A teacher submits a forged score report to her principal indicating that she has passed her General Knowledge Test

after she fails to obtain a passing score.

In an online ESOL (English for Speakers of Other Languages) course where teachers are instructed to only submit

original work, a teacher uploads a colleague’s assignments from a previous year’s course.

An applicant for a Florida Educator’s Certificate fails to acknowledge a battery arrest and conviction from when he was

17. He contends that since the arrest record was sealed and he was a minor at the time of the arrest, he didn’t realize

that he was required to report it.

An administrator has a history of creating a hostile work environment for the teachers in her school.

An athletic coach’s certificate is suspended for two years for being under the influence at a school function. During the

period of his suspension, he “volunteers” as a coach at another school.

An administrator writes a letter of reference for a teacher at his school who has applied for a position in another district

even though the administrator knows that the teacher is currently under investigation for allegations of sexual

misconduct.

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Florida Court CasesTwo court cases have upheld the standards put forth in the Code of

Ethics and Principles of Professional Conduct:

• Tomerlin v. Dade Co. School Board

• Adams v. State of Florida

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Tomerlin vs. Dade County School Board

Mr. Tomerlin was an experienced elementary school teacher with an unblemished record until he was arrested and charged with

sexual misconduct involving a minor. The minor was his nine-year-old step daughter. Dade County dismissed Mr. Tomerlin from

employment.

On appeal, his attorney argued that the incident of sexual misconduct only happened once and was not characteristic of Mr.

Tomerlin’s character. The attorney also argued that since the victim was his client’s step daughter, it was a domestic issue that had

no bearing on his ability to be trusted with students.

The courts sided with Dade County, and Mr. Tomerlin’s dismissal was upheld. Eventually, Mr. Tomerlin was convicted of sexual

misconduct with a minor in the criminal court. Today, this is considered a “disqualifying offense.” Florida Statute 1012.315 details

criminal convictions that prevent an individual from holding a Florida Educator’s certificate.

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The Tomerlin Decision

Key language from the case:

“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 our 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.”

School Board 318 So.2nd 159 (Florida 1st DCA 1975)

This case underscores the importance of an educator’s trustworthiness and sound moral character both inside and outside of the

workplace. If an educator cannot be trusted by his/her stakeholders (students, parents, administrators, co-workers, etc.), that educator

cannot be effective in his/her role as an educator.

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Adams vs. Professional Practices Council

Adams and his roommate were educators who shared a home in the Fort Myers area. They were arrested for harvesting

marijuana after 52 plants were seized from their backyard greenhouse.

Mr. Adams appealed the state’s decision to revoke his teaching certificate. His attorney drew a parallel to an almost identical case

involving a realtor. The courts ruled that the realtor could still effectively use his real estate license despite the possession

charges; therefore, Mr. Adams should still be allowed to keep his teaching certificate.

The courts sided with Florida’s Professional Practices Council. The decision is important as it draws a clear distinction between

education and other professions.

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The Adams Decision

Key language from the case:

“…it should be noted that educators are held to a more rigorous moral standard than other professionals because of

their role in educating children. By virtue of their leadership capacity, teachers are traditionally held to a high moral

standard in the community.”

406 So.2nd 1170 (Florida 1st DCA 1981)

This decision defines educators as community leaders. As such, expectations for their behavior are greater. Unlike the Tomerlin

case, the Adams case did not directly involve a child. However, the courts determined that Adams’ behavior in his personal life

diminished his trustworthiness as a professional educator.

Common Sense Guidelines

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Attached to this training are a set of Common Sense Guidelines for Educators.

The Common Sense Guidelines cover issues such as:

+ Physical Contact with Students

+ Social Media

+ Technology in the Classroom

+ Test Administration

+ Appropriate Dress

+ Behavior away from school

Please review this document. If you have any questions or concerns, please seek the advice of

your administration.

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Reflection QuestionsIn addition to the Common Sense Guidelines, you will

find a set of reflection questions for this presentation.

Please complete these questions and return them via

email within 14 days to:

HROnboardComp@hcps.net

You may attach the document to an email or use your

phone to take a photo of the completed questions.

Completion of this course is a condition of employment

in Hillsborough County Public Schools.

You will receive 3 inservice credits for completion of

Code of Ethics.