Ethical and Legal Ethical and Legal responsibilitiesresponsibilities

For the Classroom TeacherFor the Classroom Teacher

Dr. Patti TalbotDr. Patti Talbot

Dr. Bob McCrackenDr. Bob McCracken

Dr. Brad BizzellDr. Brad Bizzell

Ethical and Legal Ethical and Legal Responsibilities Responsibilities

What you need to know about the LAW What you need to know about the LAW and ETHICS regarding: and ETHICS regarding:

• Professional BoundariesProfessional Boundaries• Reporting RequirementsReporting Requirements• Negligence and PolicyNegligence and Policy

Professional Boundaries Professional Boundaries

•What are professional boundaries?What are professional boundaries?

•Why must you have them? Why must you have them?

•How do you establish them? How do you establish them?

Professional BoundariesProfessional Boundaries

• Limiting childrenLimiting children’’s behavior and your own s behavior and your own to establish and maintain an appropriate to establish and maintain an appropriate teacher-student relationship. teacher-student relationship.

Healthy Professional Healthy Professional BoundariesBoundaries

• Will protect you in a multitude of waysWill protect you in a multitude of ways• Potential child abuse allegationsPotential child abuse allegations• Allegations of partiality Allegations of partiality • Privacy – yours and theirsPrivacy – yours and theirs• Religion – yours and theirsReligion – yours and theirs

• Will help you keep the focus on learning in Will help you keep the focus on learning in your classroom. your classroom.

Case Situation and Case Situation and Group InteractionGroup Interaction• Your classroom is next to a teacher/coach who is a winning and popular Your classroom is next to a teacher/coach who is a winning and popular

coach. He/she is an excellent teacher and very popular in community, coach. He/she is an excellent teacher and very popular in community, perceived as perceived as ““godlygodly”” for the last decade. Student athletes are always in for the last decade. Student athletes are always in his/her classroom before/after school and during the day. You hear many his/her classroom before/after school and during the day. You hear many conversations that seem to go beyond the normally accepted teacher conversations that seem to go beyond the normally accepted teacher student-teacher relationship. Occasionally you overhear parts of student-teacher relationship. Occasionally you overhear parts of conversations about after school meetings, discussion about social media conversations about after school meetings, discussion about social media interactions and stories about weekend parties. These discussions or interactions and stories about weekend parties. These discussions or parts that you hear are both from males and females. You are aware that parts that you hear are both from males and females. You are aware that the principal and administrative staff of the school division highly regard the principal and administrative staff of the school division highly regard this teacher/coach for not only the winning school record and but the this teacher/coach for not only the winning school record and but the level of academic achievement of his/her students.level of academic achievement of his/her students.

• What problems do you see with this situation? How will you maintain What problems do you see with this situation? How will you maintain professional boundaries so that you donprofessional boundaries so that you don’’t replicate it? t replicate it?

The Challenge of Being a The Challenge of Being a New/Young Teacher New/Young Teacher

• Students will like you.Students will like you.

• You may not feel much older than they are. You may not feel much older than they are.

• You want to be You want to be ““nicenice”” and and ““friendlyfriendly”” and and ““involvedinvolved””. .

• You donYou don’’t want to be seen as t want to be seen as ““no fun.no fun.””

What to do about What to do about ““huggyhuggy”” children?children?

““BusinesslikeBusinesslike””

We have important work to take care of at We have important work to take care of at school.school.

We can have a caring, supportive relationship We can have a caring, supportive relationship that supports learning (and includes that supports learning (and includes appropriate humor) without compromising appropriate humor) without compromising ourselves or our students. ourselves or our students.

What does that look like? What does that What does that look like? What does that sound like? sound like?

Reporting Requirements Reporting Requirements

But, you promised!But, you promised!

• Emily comes to you before school and asks to talk. “You have to Emily comes to you before school and asks to talk. “You have to promise you won’t tell anybody.” Seeing how distraught Emily is, promise you won’t tell anybody.” Seeing how distraught Emily is, you readily agree and ask her what is wrong. Emily lifts the side of you readily agree and ask her what is wrong. Emily lifts the side of her shirt and reveals severe bruising down her entire side. “My her shirt and reveals severe bruising down her entire side. “My dad got drunk again last night and was beating up on my mom. I dad got drunk again last night and was beating up on my mom. I tried to stop him.” You ask if the police were called. Emily starts tried to stop him.” You ask if the police were called. Emily starts crying and says that if they call the police, her dad will kill her and crying and says that if they call the police, her dad will kill her and her mom. He has been in prison before for killing someone and her mom. He has been in prison before for killing someone and has told them he will kill them if they tell anybody. You tell Emily has told them he will kill them if they tell anybody. You tell Emily you have to get her some help. She says, “but you promised you you have to get her some help. She says, “but you promised you wouldn’t” and continues to cry. wouldn’t” and continues to cry.

• What do you do?What do you do?

Reporting RequirementsReporting Requirements• Under what circumstances must/should you report things you Under what circumstances must/should you report things you

know to someone else?know to someone else?• Suspicion of child abuse or neglect Suspicion of child abuse or neglect

• a teacher is a mandated reportera teacher is a mandated reporter

• Bullying of one student by another student or adultBullying of one student by another student or adult• possible negligence issuepossible negligence issue

• Suspected drug or alcohol abuse Suspected drug or alcohol abuse • student assistance programs are available in many schoolsstudent assistance programs are available in many schools

• Significant change in student behaviorSignificant change in student behavior• share with a guidance counselorshare with a guidance counselor

• Anytime the health or welfare of a student may be in jeopardyAnytime the health or welfare of a student may be in jeopardy

NegligenceNegligenceNegligence and PolicyNegligence and Policy

Negligence and PolicyNegligence and Policy

• Definition of Negligence and PolicyDefinition of Negligence and Policy

• Negligence – Incorrectly Doing OR Not Doing a Negligence – Incorrectly Doing OR Not Doing a job related function described or expected by job related function described or expected by your job contract and/or related School Board your job contract and/or related School Board Policy, Regulation, State Law, State Regulation Policy, Regulation, State Law, State Regulation or Administrative Directiveor Administrative Directive

Negligence and PolicyNegligence and Policy

• Understanding Negligence and Policy as a Understanding Negligence and Policy as a Professional EducatorProfessional Educator

• The School DivisionThe School Division’’s Responsibilitys Responsibility• Your ResponsibilityYour Responsibility• Legal Protection/DefenseLegal Protection/Defense

Negligence and PolicyNegligence and Policy

• Personal Stories and ExperiencesPersonal Stories and Experiences

• AdviceAdvice• SuperintendentSuperintendent’’s Actionss Actions• School BoardSchool Board’’s Actionss Actions• Personal ExperiencesPersonal Experiences

Negligence and PolicyNegligence and Policy

• You are a second year teacher, it is beautiful spring afternoon and You are a second year teacher, it is beautiful spring afternoon and you decide to take your afternoon class outside to complete a you decide to take your afternoon class outside to complete a science lesson that is appropriately linked to the spring season. You science lesson that is appropriately linked to the spring season. You did this because it seemed to be a great opportunity to connect an did this because it seemed to be a great opportunity to connect an SOL standard to your planned activities. This was a spontaneous SOL standard to your planned activities. This was a spontaneous activity. While working outside with your students you noticed that activity. While working outside with your students you noticed that one student was missing. While you trying to be sure the student one student was missing. While you trying to be sure the student wasnwasn’’t anywhere near, another student approaches you about being t anywhere near, another student approaches you about being stung by a bee and her friend was telling you the student was stung by a bee and her friend was telling you the student was allergic to bee stings.allergic to bee stings.

• What should you do?What should you do?• What should have you done prior to the lesson/action?What should have you done prior to the lesson/action?• Were you negligent?Were you negligent?• What follow up actions will you take?What follow up actions will you take?

Negligence and PolicyNegligence and Policy

• Summary of Key Points about Negligence Summary of Key Points about Negligence and Policyand Policy

• You are responsible for all Policy/Regulations and You are responsible for all Policy/Regulations and Laws that govern your contract positionLaws that govern your contract position

• Seek membership in a professional organizationSeek membership in a professional organization• Asking forgiveness for negligence or policy Asking forgiveness for negligence or policy

violation is NOT acceptableviolation is NOT acceptable

Negligence and PolicyNegligence and Policy

• Closing RemarksClosing Remarks

• Become familiar with school handbooks and Become familiar with school handbooks and written school policieswritten school policies

• Become familiar with the School DivisionBecome familiar with the School Division’’s s Policy ManualPolicy Manual

• Know where to find State Laws and Regulations Know where to find State Laws and Regulations • Be sure to have an advocate and mentorBe sure to have an advocate and mentor

““It’s better to ask forgiveness than It’s better to ask forgiveness than permission.permission.””

NOT! NOT!