The code of ethics 2012 power point presentation -animated

The Code of Ethics for
Arkansas Educators
Overview of the Code and Case Studies Through
Fiscal 2012

The Code of Ethics for Arkansas
Educators
 History: The creation of a Professional Licensure
Standards Board (PLSB) and the implementation of a
Code of Ethics and Procedural Rules for the PLSB by the
State Board of Education was authorized by Statute
which became effective on July 31, 2007.
 Creation of the PLSB: The PLSB was implemented and
the rules took effect September 9, 2008.
 A Subcommittee on Ethics consisting of five members of
the PLSB was established to authorize or deny
investigations based on allegations received, to
determine whether or not violations have occurred upon
completion of an investigation, and if so, to make
recommendations for licensure actions to the State
Board of Education.

The Standards
 The Code of Conduct for Arkansas Educators Consists of
Seven Standards upon which Conduct of Educators is
judged as to whether or not a violation or violations
have occurred.

Arkansas Educators
Standard #1: An educator maintains a professional
relationship with each student, both in and outside
the classroom.
Standard #2: An educator maintains competence
regarding skills, knowledge, and dispositions relating
to his/her organizational position, subject
matter, and/or pedagogical practice.
Standard #3: An educator honestly fulfills reporting
obligations associated with professional practices.

Arkansas Educators
Standard #4: An educator entrusted with public
funds and property honors that trust with
honest, responsible stewardship.
Standard 5: An educator maintains integrity
regarding the acceptance of any
gratuity, gift, compensation or favor that might impair
or appear to influence professional decisions or
actions and shall refrain from using the educator’s
position for personal gain.
Standard #6: An educator keeps in confidence
secure standardized test material as well as
information about students and colleagues obtained
in the course of professional service unless disclosure
serves a professional purpose or is allowed by law.

Arkansas Educators
 Standard #7: An educator refrains from
using, possessing and/or being under the influence
of alcohol, tobacco, or unauthorized drugs while on
school premises or at school-sponsored activities
involving students.

Historical Statistics
Since the 2009-2010 School Year, through
end of fiscal 2012, the PLSB has received
471 allegations of violations of the
Standards, and has received an additional
77 allegations related specifically to
Standard 6 testing violations, for a total of
548 allegations.

Historical Statistics by Year
Year Allegations Testing Allegations Total
2008-2009 84 46 130
2009-2010 131 6 137
2010-2011 100 6 106
2011-2012 156 19 175
Total 471 77 548

Historical Statistics by Year
Standards Alleged Violated (Non-Testing)
Year 1 2 3 4 5 6 7
2008-2009 70 18 27 12 15 13 5
2009-2010 94 59 62 17 8 30 12
2010-2011 69 22 33 18 10 14 3
2011-2012 126 27 42 20 3 10 10
Totals 359 126 164 67 36 67 30

Case Studies
Sample Cases Representing the Seven
Standards

Allegations and Resolutions
Allegation:
The complaint alleged that the educator:
 Was inattentive to students in the classroom and failed to
supervise their activities.
 Was deficient in her instruction of students and in her
preparation of the students to participate in the next level of
instruction.
 Allowed students to be outside of the classroom without
supervision, and in some cases, without permission.
 Engaged in inappropriate/unprofessional conduct in the
classroom.
 Used inappropriate language and made inappropriate
comments in the classroom.
 Wore clothing inappropriate for the classroom.
 Engaged in inappropriate touching of students in the
classroom

Standard Alleged Violated:
relationship with each student, both in and outside the
classroom.
The Subcommittee determined that there was
reasonable belief that the educator violated Standard 1
as alleged, with the exception that it did not find that
there was reasonable belief that the educator wore
clothing inappropriate for the classroom, and found that
the allegation that the educator was deficient in her
instruction of students and in her preparation of the
students to participate in the next level of
instruction, while possibly true, should have been filed
as a violation of Standard 2, and therefore did not find
Reasonable Belief that she violated Standard 1 in that
regard.

Resolution:
After both an evidentiary hearing before the
Subcommittee and a State Board hearing, the State
Board concurred with the Subcommittee’s
determination and recommendation and placed the
educator’s license on probation for two
years, assessed a $75.00 fine, and required that she
complete not less than six hours of clock based staff
professional development on classroom management.

Allegation:
The educator violated the Code of Ethics by:
 Interacting with one of his students on Facebook at
inappropriate hours of the night; and,
 Making inappropriate remarks to the student.
the classroom.

Investigation revealed:
 The educator engaged in late night conversations
of a personal nature via Facebook with a female
student, and in one conversation said that he loved
her.
Resolution:
 The State Board of Education found that the
educator violated Standard 1 and issued a Written
Warning to him.

Allegation:
The educator was alleged to have handcuffed a
student behind his back for texting in class.
the classroom.

 The educator, a reserve police officer
trainee, brought handcuffs to school, and did in
fact handcuff the student when he observed the
student texting.
Resolution:
 The State Board of Education found the educator
violated Standard 1 and placed the educator’s
license on Probation for a period of three years and
assessed a fine of $75.00.

Allegation:
 A female educator allegedly exchanged text
messages, pictures, and videos of a sexual nature
with a male student.
the classroom.

 The investigation substantiated that educator had
engaged in the conduct alleged.
Resolution:
violated Standard 1 and placed the educator’s license
on Probation for a period of three years and assessed
a fine of $75.00. In addition, the educator was
ordered to comply with her therapist’s
recommendations and the medications prescribed, as
well as submit semi-annual reports from the
therapist.

Allegation:
 The educator allegedly had inappropriate contact
with a female student via text messaging and
exchanged inappropriate photographs via text
messaging.
the classroom.

 The educator sent various sexually suggestive
photos of himself shirtless, pants hanging low, and
lying on a bed, to the student, who was living with
the father of her child at his parents’ house.
Further, the educator invited her to his residence.
Additionally, while chaperoning at the seniors only
prom, he admitted the girl and her friend into the
prom by a back entrance, even though they were
not authorized to attend.
Resolution:
violated Standard 1 and placed the educator’s
license on Probation for a period of two years and
assessed a fine of $75.00.

Allegation:
 The educator reportedly said to his class of
students, “There is a new sheriff in town, and I am
going to change the face of this program. I want
all of you punks and faggots to get out of my
formation.”
the classroom.

 The educator did make that statement to his class
after a student asked to be excused from
participating in the class exercise.
Resolution:
 The State Board issued a Written Reprimand and
assessed a $50.00 fine.

Allegation:
 The educator allegedly slapped a student during
cheer practice and made inappropriate comments
to the student in the presence of other
students, with the intention of embarrassing
and/or humiliating the student.
the classroom.

 The educator slapped the student, but claimed that
she had done so jokingly, and had made comments
which could cause embarrassment or humiliate the
student.
Resolution:
 During the pendency of this investigation, a second
allegation was filed against this educator, and both
cases were heard on the same date by the
Subcommittee.

Allegation:
 The second allegation filed against the educator was
that she made contact with a student by placing her
arm on his shoulder and then made contact with his
head or face with her hand, which occurred during
class, and which some witnesses described as a slap.
classroom.

 The educator did lean on the student’s shoulder
and tapped or slapped his face, but claimed that
she had done so in a joking manner.
Resolution:
 On the first allegation, the State Board ordered the
educator’s license be suspended for 1 year and
assessed a $100.00 fine. A Letter of Caution was
issued by the PLSB Subcommittee for the second
violation.

Allegation:
 An educator allegedly drove his nephew, also a
student where he taught, to a location off campus
where that student and another student from the
school engaged in a fight, knowing that the two
planned to fight; other students were present and
witnessed the fight; the educator made no attempt
to discourage or break up the fight; and the
educator did not notify school or law enforcement
authorities of the altercation.

classroom.
 The investigation confirmed the allegations.
Resolution:
 The State Board placed the educator’s license on
Probation for 1 year and assessed a $75.00 fine.

Allegation:
 An educator allegedly exchanged text messages of
a sexual nature with a student, exchanged nude
photographs with the student via text
messaging, and engaged in sexual acts and sexual
intercourse with the student.
the classroom.

Resolution:
 The State Board Permanently Revoked the
educator’s license.

Allegation:
 An educator allegedly purchased tobacco products
for a 14 year old student who had worked for him
at the educator’s rental property, knowing that the
student could not legally purchase tobacco and that
it was illegal for him to purchase tobacco for a
minor.
classroom.

Resolution:
 The State Board issued a Written Reprimand and
assessed a $50.00 fine.

Allegation:
 The educator allegedly:
a.) threw a special education student’s jacket and
backpack into the hallway from her self-contained room;
b.) placed her foot on the student who was lying face
down on the floor in the doorway of her room and with
her foot on the student’s bottom, pushed him out of the
doorway;
c.) straddled the child, lifted him up from under his
arms and carried him for approximately 15 feet.
d.) sat the child down while she gathered his
belongings;

Allegation (continued):
e.) pulled on the student’s wrists in order to get him
to stand up; and,
f.) continued to hold his hand as she walked him to
the car rider line;
g.) and when another student was uncooperative
and aggressive in her room and was hitting adults and
throwing things, did not assist nor determine how she
might assist.
classroom.

 The investigation substantiated allegations that the
educator threw the student’s jacket and backpack into
the hallway and that she used her foot to push him into
the hallway. The Subcommittee found Reasonable Belief
that she violated Standard 1 on that basis, but did not
find Reasonable Belief as to the other conduct alleged.
Resolution:
 The State Board placed her license on Probation for a
period of 1 year and assessed a fine of $75.00.

Allegation:
 The educator was alleged to have denied a student
lunch as a disciplinary measure because he was
late to the cafeteria.
the classroom.

 The student had gone to the playground, retrieved a
football for a teacher, and chose to stay outside and
play until lunch period was almost over. He came into
the cafeteria to eat and the educator questioned his
tardiness in coming to the cafeteria, but educator
claimed that she did not refuse to allow him to eat.
Resolution:
 The PLSB Subcommittee found Reasonable Belief that
Standard 1 was violated and issued a Letter of
Caution.

Allegation:
 The educator reportedly played an ineligible player
in a football game, knowing that the student was
suspended from school at the time.
Standards Alleged Violated:
the classroom.

 The investigation substantiated the allegations in
the complaint and revealed that the student wore a
jersey with a number different from that assigned
to him during the game.
Resolution:
probation for a period of 2 years and assessed a
fine of $75.00, for violation of both Standards.

Allegation:
 Allegedly, the educator, a superintendent, upon being
presented allegations of improper sexual conduct by an
educator under his supervision, did not take adequate
steps to investigate or to remove the educator against
whom the allegations were made in order to protect
students, and further, as a mandated reporter, did not
immediately report the suspected abuse to the proper
authorities, as is required by Arkansas state law.

Standard #3: An educator honestly fulfills
reporting obligations associated with professional
practices.

 The investigation substantiated the allegations of
violations of Standards 2 and 3.
Resolution:
 The State Board ordered that the educator’s
license be Permanently Revoked.

Allegation:
 The educator allegedly falsified his employment
application documents to list false information
regarding prior employment, names of
references, telephone contact information, and
signatures, in order to secure a position with an
Arkansas district.
practices.

 The educator did in fact falsify his employment
application as alleged.
Resolution:
 The State Board ordered that the educator’s
license be Permanently Revoked.

Allegation:
 A superintendent allegedly failed to make required
reports to the appropriate agency or agencies.
 Additionally, he allegedly allowed employees
directly under his supervision to accumulate
excessive amounts of overtime pay, with that pay
at times equaling approximately 75% of that
person’s pay, and that he transferred funds totaling
$1,400,000.00 from the district’s reserve fund into
the operations account, without formal board
approval.

practices.

 The investigation determined that the educator failed
to make required reports and that he allowed
employees under his supervision to accumulate
excessive overtime. Additionally, the educator did
transfer funds from the reserve account to the
operations account. The PLSB Subcommittee found
Reasonable Belief that Standard 3 was violated and
that Standard 4 was violated in the paying of
excessive overtime, but not in the transferring of
funds from the reserve account.
Resolution:
Probation for a period of 2 years and assessed a fine
of $75.00.

Allegation:
 An educator allegedly collected money from
students for dues and for prom, which she failed to
deposit, she further failed to deposit money
collected from a fundraiser, and personally spent
money from those funds ($4,770.50) not
deposited.

 The investigation substantiated the allegation.
Resolution:
Probation for a period of 1 year and assessed a
fine of $75.00.

Allegation:
 An educator allegedly placed a school owned flip
video recorder, which was issued to him for use in
the classroom, in the one-stall, teacher bathroom
in the middle school workroom in order to digitally
record persons using the toilet, resulting, at a
minimum, in the actual recording of another
educator using the toilet.

 The investigation revealed the allegation to be
true.
Resolution:

Allegation:
 The educator allegedly accessed pornographic
material on his classroom computer, in the
presence of, and in view of some of his students in
the classroom.
the classroom.

 The investigation confirmed that students sitting at
a table nearest the educators desk saw what they
believed was pornography, went behind a shelf
behind his desk, peered through the shelf and saw
pornographic images. After class, one of the
students accessed the computer’s internet history
and discovered the sites accessed.
Resolution:
The State Board suspended the educator’s license for
a period of 2 years and assessed a $100.00 fine.

Allegation:
 An educator allegedly, among other alleged
violations, also used her school computer and her
knowledge of the bid amount submitted by a friend
and associate to create false bids on bogus
businesses in amounts greater than those of the
friend and associate, so that the friend and associate
was awarded multiple contracts at the school.
Standard #5: An educator maintains integrity
regarding the acceptance of any
gratuity, gift, compensation or favor that might impair or
appear to influence professional decisions or actions and
shall refrain from using the educator’s position for
personal gain.

 This Standard, as well as others, were violated by
the educator.
Resolution:
 The State Board Suspended the educator’s license
for 5 years and assessed a $100.00 fine.

Allegation:
 Two educators were named in the same allegation.
The first allegedly took secure test (ELDA) materials
home, and then gave them to another educator to be
returned to the school. The second educator
allegedly took the materials from the first, left them
unsecured in her classroom, and gave them to a
student to take to the testing coordinator, resulting in
the materials being lost.
Standard #6: An educator keeps in confidence secure
standardized test material as well as information about
students and colleagues obtained in the course of
professional service unless disclosure serves a
professional purpose or is allowed by law.

 The first educator took the materials home, not
realizing they were secure testing materials, because
she had not finished and needed to complete the
evaluations and was starting maternity leave. She
met the second educator at a restaurant and gave the
materials to her. The second educator left the
materials in her classroom unsecured and gave them
to a student to take to the testing
coordinator, resulting in the materials being lost.
Resolution:
 Both educators received Letters of Caution from the
PLSB Subcommittee.

Allegation:
 The educator allegedly, while administering the Iowa
Test of Basic Skills, restated questions to assist
students understand questions better, did not follow
time allotments for the math portion, taught lessons
related to the test section immediately before that
portion, assisted students during testing, and looked
ahead in the administration manual and took notes.
professional service unless disclosure serves a
professional purpose or is allowed by law.

 The investigation substantiated that the educator
did not follow time allotments, taught lessons to
the upcoming test section, and looked ahead in the
administration manual and took notes. It did not
substantiate that she restated questions during the
test or assisted students.
Resolution:
 The State Board issued the educator a Written
Reprimand and assessed a $50.00 fine.

Allegation:
 The educator allegedly informed students in two of
her classes that a student had been diagnosed with
Cystic Fibrosis, that she asked the student
questions during a class he was attending, despite
having talked privately with him on an earlier
occasion, during which he advised that he did not
want other students to know of his diagnosis, and
despite his father having told school personnel at
the student’s 504 plan development that they did
not have permission to discuss the student’s
diagnosis in any way.

professional service unless disclosure serves a professional
purpose or is allowed by law.

Resolution:
Reprimand and assessed a $50.00 fine.

Allegation:
 The educator allegedly, while on school premises
during regular work hours, including while she was
in the classroom, was under the influence of
alcohol.
Standard #7: An educator refrains from
using, possessing and/or being under the influence of
alcohol, tobacco, or unauthorized drugs while on
involving students.

Resolution:
probation for 5 years, assessed a $75.00
fine, required the educator to continue treatment
with Alcoholics Anonymous, and to submit
quarterly reports of her attendance (sign-in
sheets).

Allegation:
 The educator allegedly, on more than one
occasion, entered the nurse’s station, removed a
key from the nurse’s drawer, unlocked the
medicine cabinet, and took Ritalin pills from a
student’s prescription bottle.
involving students.

 The investigation substantiated the allegation, and
produced information that the educator had also
accessed the school building and nurse’s office
after hours to retrieve the drugs.
Resolution:
probation for 3 years, assessed a $75.00 fine, and
required the educator to submit the results of drug
testing through a therapy program.

Allegation:
 The educator was alleged to have used tobacco
products (smokeless tobacco) while on school
premises and at school sponsored events.
involving students.

 The investigation substantiated the
allegation, revealing that the educator had used
the tobacco in his own office at school, but did not
substantiate that he had used it elsewhere on
school premises or at school-sponsored events.
Resolution:
Warning.

Allegation:
 The educator was alleged to have “huffed” graffiti
cleaner in the classroom during class, seven or
eight times during one class period, in the
presence of students.
involving students.

 The investigation substantiated the allegation, revealing
that the educator hid behind a partition and inhaled the
graffiti cleaner, which the students could hear her doing
and they could smell the fumes. One student called the
School Resource Officer, who responded and ultimately
arrested the educator.
Resolution:
 The State Board Suspended the educators license for a
period of 2 years and assessed a fine of $100.00.

Allegation:
The educator was alleged to have:
 Left her students unattended in the classroom, on a
sidewalk outside, and in other locations, on multiple
occasions;
 Been arrested for shoplifting, and at the time, 3
students from her school were with her;
 Been sent home more than once because she was
unintelligible, non-compliant, and not fulfilling her
duties in the classroom;
 Been unaware of ongoing activities in the school, to
include matters of professional development;

Allegation (continued):
The educator was alleged to have:
 Failed to perform her duties on a regular basis;
 Failed to complete Developmental Reading
Assessments (DRAs);
 Failed to complete Dynamic Indicators of Basic Early
Literacy Skills (Dibels);
 Failed to complete report cards;
 Had her mother and a student’s parent organize her
permanent records; and,
 Been under the influence of alcohol or some other
substance on more than one occasion, causing her to
be sent home.

the classroom.
practices.

Standards Alleged Violated (continued)
Standard #6: An educator keeps in confidence
information about students and colleagues obtained
in the course of professional service unless disclosure
serves a professional purpose or is allowed by law.
involving students.

 The investigation substantiated the allegations.
The PLSB Subcommittee found Reasonable Belief
that the educator violated Standards 1, 3, 6, and
7.
Resolution:

Please realize that all of the
facts and evidence
gathered during the
investigation as well as the
dialogue which occurred
among the members of the
Ethics Sub-Committee with
the Investigators are
not presented on these
slides.
All cases presented have
been before the State Board
of Education and are closed.

Revisions to the Standards of
Conduct
Revisions to three of the Standards became
effective on July 15, 2012 and will apply to
the investigation of cases for which the
alleged violations occurred after that date.
Those revisions were proposed by the PLSB
based on cases which were considered by
the PLSB Subcommittee.

Conduct
Standard 4
Old Standard 4: An educator entrusted with
public funds and property honors that trust
with honest, responsible stewardship.
New Standard 4: An educator entrusted with
public funds and property, including school
sponsored activity funds, honors that
trust with honest, responsible stewardship.

Conduct
Standard 6
Old Standard 6:An educator keeps in confidence
information about students and colleagues
obtained in the course of professional service
unless disclosure serves a professional purpose
or is allowed by law.
New Standard 6: An educator keeps in
confidence information about students and
colleagues obtained in the course of professional
service, including secure standardized test
materials and results, unless disclosure serves
a professional purpose or is allowed by law.

Conduct
Standard 7
Old Standard 7:An educator refrains from
using, possessing and/or being under the
influence of alcohol, tobacco, or unauthorized
drugs while on school premises or at school-
sponsored activities involving students.
New Standard 7: An educator refrains from
using, possessing and/or being under the
influence of alcohol, tobacco, or unauthorized
drugs or substances while on school premises
or at school-sponsored activities involving
students.

Thank you for impacting our
student’s lives.

CONTACT INFORMATION
 Eric R. James, Investigator
 Arkansas Department of Education
 Professional Licensure Standards Board
 #4 Capitol Mall, Box 30
 Little Rock, Arkansas 72201
 Telephone: 501-682-3777
 Work Cell Phone 501-529-6929
 Fax: 501-682-3781
 Eric.James@arkansas.gov

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