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Employee or Administrator Misconduct

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Policy

Employee or Administrator Misconduct

All employees have a duty to report employee or administrator misconduct.

Employees must report any employee or administrator misconduct that affects the health, safety, or welfare of a student immediately to the principal. If the misconduct involves the principal it must be reported to the FCA School Board. The report should be made on the Educator Misconduct Reporting Form.

Failure to report misconduct can result in possible penalties.

Legally sufficient allegations of misconduct by Florida certified educators will be reported to the Office of Professional Practices Services.

Policies and procedures for reporting misconduct by instructional personnel or school administrators which affects the health, safety, or welfare of a student are posted in the Copy Room in the Administration Building, the Multi-Purpose Room and on the school website, www.foundationchristianacademy.org. (Link is located in the “About Us” tab at the bottom of the “Contact Us” page)

An employer who discloses information about a former or current employee to a prospective employer of the former or current employee upon request of the prospective employer or of the former or current employee is immune from civil liability for such disclosure or its consequences unless it is shown by clear and convincing evidence that the information disclosed by the former or current employer was knowingly false or violated any civil right of the former or current employee protected under F.S. Chapter 760.

(F.S. 768.095)

Florida Department of Education · Office of Professional Practices Services

Identifying & Reporting Professional Misconduct

“Teaching is the profession that teaches all the other professions.”Author Unknown

The following behavior may be indicative of misconduct that should be reported:

  • being alone with a student in dark or closed room or secluded area
  • behaving in an overly friendly or familiar way or failing to maintain an appropriate professional boundary with a student
  • using forceful or unnecessary physical contact with a student
  • administering discipline not compliant with district policy
  • accepting or offering of gifts for return of a favor or privilege from students or colleagues
  • badgering or habitually teasing a student
  • mocking or belittling a student
  • chronically embarrassing a student
  • displaying prejudice or bigotry against a student
  • suspicion of being under the influence of drugs or alcohol
  • failing to properly supervise students or to ensure student safety
  • cheating, falsifying information or testing violations
  • retaliating against a student or colleague for reporting misconduct
  • bantering or engaging in colloquial or slang communications with a student
  • directing or using profane, offensive, or explosive language in the presence of students
  • making lewd or suggestive comments or overtures toward a student or colleague

How to Report Misconduct

  • Report allegations or suspicion of misconduct by an instructional personnel member to your school administrator or district contact
  • Report allegations or suspicion of misconduct by your school administrator to your district contact
  • Document the activities or details of the event
  • Secure evidence (if applicable)

Apply the litmus test

  1. If you feel uncomfortable
  2. If you question the person’s motives or actions
  3. If you are unsure

Protect the students and yourself and report.

Who Should Report Misconduct?

All employees and agents of a district school board, charter school or private school have a duty to report misconduct

If you are aware of or observe misconduct

REPORT IT IMMEDIATELY!

Who Should You Report?

  • Classroom teachers
  • Paraprofessionals
  • Substitute teachers
  • Librarians, guidance counselors and social workers
  • Career specialists and school psychologists
  • Principals, Assistant Principals and Deans

If someone tells you about misconduct, be a LEADER:

  • LListen
  • EEvaluate
  • AAct immediately
  • DDocument
  • EEncourage
  • RReport

Failure to Report Misconduct

Possible penalties for instructional personnel or site administrators who fail to report misconduct may include:

  • Written Reprimand
  • Suspension with or without pay
  • Termination of employment
  • Discipline/Sanctions on an educator’s certificate

“A teacher affects eternity…he can never tell where his influence stops.”

~Henry B. Adams

Florida Statutes and Rules

  • Florida Statutes s. 1006.061 states all employees and agents of the district school board, charter schools and private schools that accept scholarship students, have an obligation to report misconduct by an instructional personnel member or school administrator
  • Florida Statutes s. 1012.33 outlines disciplinary procedures regarding district employment contracts with instructional personnel staff, supervisors and school principals
  • Florida Statutes s. 1012.795 provides the Education Practices Commission the authority to issue disciplinary action against an individual’s Florida Educator certificate
  • Florida Statutes s. 1012.796 provides authority for the Department of Education to investigate and prosecute allegations of educator misconduct
  • Florida Statutes s. 1012.01 defines public school instructional personnel, administrative personnel, school volunteers, education support employees and managers
  • State Board of Education Rule 6B-1.001 defines the Code of Ethics of the Education Profession in Florida
  • State Board of Education Rule 6B-1.006 defines the Principles of Professional Conduct of the Education Profession in Florida

For Further Information: Contact:

Florida Department of Education
Office of Professional Practices Services
Turlington Building
325 West Gaines Street
(850)245-0438

www.myfloridateacher.com

FCA

3955 Lithia Pinecrest Road
Valrico, FL 33596
813-654-2969