| (g) |
Standards
of Conduct. The Standards of Conduct to be observed by educators are set
forth below. These Standards establish mandatory prohibitions and requirements.
These Standards are binding on educators. Any violation of these Standards may
subject an educator to investigation by the Professional Practices Commission
and disciplinary action by the Professional Standards Commission and/or by the
local board of education.
| 1. |
Standard 1:
Disregard or Abandonment of Generally Recognized Professional Standards.
Any act in flagrant disregard or clear abandonment of generally recognized
professional standards, as adopted by this Commission pursuant to O.C.G.A
Section 20-2-795, in the course of any of the following professional practices
is an unethical act:
| (i) |
Assessment,
treatment, instruction, or supervision of students; |
| (ii) |
Employment or evaluation of personnel;
or |
| (iii) |
Management of monies or
property. |
|
| 2. |
Standard 2: Dishonesty. An educator shall not engage in conduct
involving dishonesty, fraud, deceit, or misrepresentation in the performance of
professional duties. |
| 3. |
Standard 3: Misrepresentation or Falsification in the Course of
Professional Practice. Any falsification or deliberate
misrepresentation, including omission of a material fact by an educator
concerning any of the following is an unethical act:
| (i) |
Statement of professional
qualifications; |
| (ii) |
Application or
recommendation for professional employment, promotion, or certification, not
including a recommendation pursuant to a settlement of disputed
facts; |
| (iii) |
Application or
recommendation for college or university admission, scholarship, grant,
academic award, or similar benefit; |
| (iv) |
Representation of completion of college
or staff development credit; |
| (v) |
Evaluation or grading of students and/or personnel, not including an evaluation
or recommendation pursuant to a settlement of disputed facts; |
| (vi) |
Submission of financial or program
compliance reports submitted to state, federal or other governmental
agencies; |
| (vii) |
Submission of
information in the course of an official inquiry by the employing school
district or the Professional Practices Commission related to acts of
unprofessional conduct; provided, however, that an educator shall be entitled
to decline to give evidence against himself/herself if such evidence may tend
to incriminate the educator as that term is defined by the Fifth Amendment to
the United States Constitution and Article 1, Section 1, Paragraph 16 of the
Georgia Constitution; or |
| (viii) |
Submission of information in the course of an investigation by a law
enforcement agency or by child protective services regarding school related
criminal activity; provided, however, that an educator shall be entitled to
decline to give evidence against himself/herself in any such investigation if
the same may tend to incriminate the educator as that term is defined by the
Fifth Amendment of the U.S. Constitution, and Article 1, Section 1, Paragraph
16 of the Georgia Constitution. |
|
| 4. |
Standard 4: Improper Remunerative
Conduct. The solicitation of students or parents of students to purchase
equipment, supplies, or services from the educator in a private remunerative
capacity is unethical. An educator shall not tutor for remuneration students
assigned to his/her classes, unless approved by the local board of education or
the superintendent. An educator shall not exploit professional relationships
with students, colleagues, parents, school patrons, businesses or school board
members for personal gain or private advantage. |
| 5. |
Standard 5: Abuse of
Students. Unethical conduct includes the commission by an educator of
any sexual exploitation or abusive act with or to a student as defined below:
| (i) |
Any unlawful sexual act; |
| (ii) |
Any solicitation of any unlawful sexual
act, whether written, verbal or physical; |
| (iii) |
Any act of child abuse, as defined by
law; |
| (iv) |
Any act of sexual
harassment, as defined by law; or |
| (v) |
Any solicitation, encouragement or
consummation of a romantic or physical relationship with a student, or any
sexual contact with a student. The definition of the term "romantic
relationship" includes "dating" a student or otherwise being involved in an
inappropriate social relationship. |
|
| 6. |
Standard 6: Confidential
Information. An educator shall keep in confidence personally
identifiable information regarding students or their family members that has
been obtained in the course of professional service, unless disclosure is
required by law or is necessary for the personal safety of the student or
others. |
| 7. |
Standard 7:
Unconstitutional or Discriminatory Acts. Unethical conduct includes any
willful or malicious violation of the constitutional or civil rights of a
student or colleague by an educator. |
| 8. |
Standard 8: Failure to Make a
Required Report. Unethical conduct includes the failure by an educator
to make a report required by O.C.G.A. Section 20-2-795.1; Section
19-7-5 or
20-2-1184. Also included herein,
the failure by an educator to notify the Professional Practices Commission of a
professional colleague's conduct which clearly is in violation of the Standards
of Conduct as promulgated by the Professional Practices Commission or conduct
which constitutes a basis for the revocation, suspension or denial of the
educator's Georgia Educator Certificate. |
| 9. |
Standard 9: Alcohol or Controlled
Substance Abuse. Unethical conduct includes:
| (i) |
Being under the influence of, possessing,
using or consuming on school premises or at school-sponsored activity a
Schedule I controlled substance, as defined by O.C.G.A Section
16-13-25; or a Schedule II, III,
IV, or V controlled substance, as defined by O.C.G.A Sections
16-13-26 through
16-13-29, without a prescription
authorizing such use; |
| (ii) |
Being
under the influence of, possessing, using or consuming an alcoholic beverage on
school premises or at a school-sponsored activity involving students;
or |
| (iii) |
Furnishing alcohol or
controlled substance to any student(s). Unprofessional conduct includes the
unlawful furnishing of alcohol or a controlled substance(s), as defined in
O.C.G.A. Section
16-13-21, to any student by an
educator. |
|
| 10. |
Standard 10: Criminal Acts. Any act which constitutes a criminal
offense of moral turpitude, including misdemeanors other than minor traffic
offenses, or a felony under the laws of the United States or of any state is an
unethical act. |
| 11. |
Standard
11: Public Funds and Property. The misuse of public funds or property,
or funds of a school related organization by an educator is unethical. The
failure to account for funds collected by an educator from students or parents
is unethical. The fraudulent submission of requests for reimbursement of
expenses or for pay is unethical. |
| 12. |
Standard 12: Unauthorized
Professional Practice. Any act performed as an employee in a position
for which certification is required by rules of the Professional Standards
Commission during any period in which the individual's teaching, service, or
leadership certificate has been suspended or revoked. |
| 13. |
Standard 13: Abandonment of
Contract for Professional Services. Unethical conduct includes the
abandonment of a contract for professional services, or the willful refusal to
perform the services required by a contract, without the prior approval of the
employer, except in case of an emergency beyond the control of the
employee. |
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