Misconduct

FLORIDA STATUTES AND RULES

Florida Statutes s. 1006.061 states all employees and agents of the district school board, charter schools and private schools, have an obligation to report misconduct by an instructional personnel member or school administrator

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

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 Principals of Professional Conduct of the Education Profession in Florida

HOW TO REPORT MISCONDUCT

•Report allegations or suspicion of misconduct by an
instructional personnel member to your school
administrator

•Report allegations or suspicion of misconduct by
your school administrator to the Board President.

•Document the activities or details of the event.

•Secure evidence (if applicable)

If someone tells you about misconduct, be a LEADER:

Listen
Evaluate
Act immediately
Document
Encourage
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!


WHOM SHOULD YOU REPORT?

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

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

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

•being alone with a student in a 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 school 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; 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

Apply the litmus test:
1. Do you feel uncomfortable?
2. Do you question the person’s motives or actions?
3. Are you unsure?

Protect the students and yourself- REPORT.

“By virtue of their leadership capacity, teachers are traditionally held to a high moral standard in a community.” (Adams v. State of Florida Professional Practices Council,406 So 2nd 1170 Fla. 1st DCA 1981)

Any person, official, or institution participating in good faith in any act authorized or required by this chapter, or reporting in good faith any instance of child abuse, abandonment, or neglect to the department or any law enforcement agency, shall be immune from any civil or criminal liability which might otherwise result by reason of such action.

FOR FURTHER INFORMATION CONTACT:

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

REPORT PROFESSIONAL MISCONDUCT TO:
Classical Christian Academy
Mrs. Amy Davis
239-543-1532
Adavis@discovercca.org

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