Policy Identification
Priority: Twenty-first Century Professionals
Category: Qualifications and Evaluations
Policy ID Number: TCP-C-014
Policy Title: 16 NCAC 6C.0601 Policy regarding the Code of Ethics for North Carolina Educators
Current Policy Date: 02/05/1998
Other Historical Information: Previous Board date: 06/05/1997
Statutory Reference:
Administrative Procedures Act (APA) Reference Number and Category: 16 NCAC 6C.0601; 16 NCAC 6C.0602
Preamble: The purpose
of this Code of Ethics is to define standards of professional conduct.
The
responsibility to teach and the freedom to learn, and the guarantee of equal
opportunity for all are essential to the achievement of these principles. The
professional educator acknowledges the worth and dignity of every person and
demonstrates the pursuit of truth and devotion to excellence, acquires
knowledge, and nurtures democratic citizenship. The educator exemplifies a
commitment to the teaching and learning processes with accountability to the
students, maintains professional growth, exercises professional judgment, and
personifies integrity. The educator strives to maintain the respect and
confidence of colleagues, students, parents and legal guardians, and the
community, and to serve as an appropriate role model.
To
uphold these commitments, the educator:
I.
Commitment to the Student.
A. Protects
students from conditions within the educator’s control that circumvent learning
or are detrimental to the health and safety of students.
B. Maintains an
appropriate relationship with students in all settings; does not encourage,
solicit, or engage in a sexual or romantic relationship with students, nor
touch a student in an inappropriate way for personal gratification, with intent
to harm, or out of anger.
C. Evaluates
students and assigns grades based upon the students’ demonstrated competencies
and performance.
D. Disciplines
students justly and fairly and does not deliberately embarrass or humiliate
them.
E. Holds in
confidence information learned in professional practice except for professional
reasons or in compliance with pertinent regulations or statutes.
F. Refuses to
accept significant gifts, favors, or additional compensation that might
influence or appear to influence professional decisions or actions.
II. Commitment to
the School and School System
A. Utilizes
available resources to provide a classroom climate conducive to learning and to
promote learning to the maximum possible extent.
B. Acknowledges
the diverse views of students, parents and legal guardians, and colleagues as
they work collaboratively to shape educational goals, policies, and decisions;
does not proselytize for personal viewpoints that are outside the scope of
professional practice.
C. Signs a
contract in good faith and does not abandon contracted professional duties
without a substantive reason.
D. Participates
actively in professional decision-making processes and supports the expression
of professional opinions and judgments by colleagues in decision-making
processes or due process proceedings.
E. When acting in
an administrative capacity:
1. Acts fairly,
consistently, and prudently in the exercise of authority with colleagues,
subordinates, students, and parents and legal guardians.
2. Evaluates the
work of other educators using appropriate procedures and established statutes
and regulations.
3. Protects the
rights of others in the educational setting, and does not retaliate, coerce, or
intentionally intimidate others in the exercise of rights protected by law.
4. Recommend
persons for employment, promotion, or transfer according to their professional
qualifications, the needs and policies of the LEA, and according to the law.
III. Commitment to
the Profession
A. Provides
accurate credentials and information regarding licensure or employment and does
not knowingly assist others in providing untruthful information.
B. Takes action to
remedy an observed violation of the Code of Ethics for North Carolina Educators
and promotes understanding of the principles of professional ethics.
C. Pursues growth
and development in the practice of the profession and uses that knowledge in
improving the educational opportunities, experiences, and performance of
students and colleagues.
Adopted
by the State Board of Education June 5, 1997.
SECTION .0600 - CODE OF PROFESSIONAL PRACTICE AND CONDUCT FOR NORTH
16 NCAC 6C.0601 – THE PURPOSE AND APPLICABILITY OF THE RULES OF PROFESSIONAL CONDUCT FOR
EDUCATORS
The purpose of these rules is to establish and uphold
uniform standards of professional conduct for licensed professional educators
throughout the State. These rules shall be binding on every person licensed by
the SBE, hereinafter referred to as "educator" or "professional
educator," and the possible consequences of any willful breach shall
include license suspension or revocation. The prohibition of certain conduct in
these rules shall not be interpreted as approval of conduct not specifically
cited.
History
Note: Authority G.S. 115C-295.3;
Eff. April 1, 1998.
16 NCAC 6C.0602 – THE STANDARDS OF PROFESSIONAL CONDUCT FOR NC EDUCATORS
(a)
The
standards listed in this Section shall be generally accepted for the education
profession and shall be the basis for State Board review of performance of
professional educators. These standards shall establish mandatory prohibitions
and requirements for educators. Violation of these standards shall subject an
educator to investigation and disciplinary action by the SBE or LEA.
(b)
Professional
educators shall adhere to the standards of professional conduct contained in
this Rule. Any intentional act or omission that violates these standards is
prohibited.
(1)
Generally
recognized professional standards. The educator shall practice the professional
standards of federal, state, and local governing bodies.
(2)
Personal
conduct. The educator shall serve as a positive role model for students,
parents, and the community. Because the educator is entrusted with the care and
education of small children and adolescents, the educator shall demonstrate a
high standard of personal character and conduct.
(3)
Honesty.
The educator shall not engage in conduct involving dishonesty, fraud, deceit,
or misrepresentation in the performance of professional duties including the
following:
(A)
statement
of professional qualifications;
(B)
application
or recommendation for professional employment, promotion, or licensure;
(C)
application
or recommendation for college or university admission, scholarship, grant,
academic award, or similar benefit;
(D)
representation
of completion of college or staff development credit;
(E)
evaluation
or grading of students or personnel;
(F)
submission
of financial or program compliance reports submitted to state, federal, or
other governmental agencies;
(G)
submission
of information in the course of an official inquiry by the employing LEA or the
SBE related to facts of unprofessional conduct, provided, however, that an
educator shall be given adequate notice of the allegations and may be
represented by legal counsel; and
(H)
submission
of information in the course of an investigation by a law enforcement agency,
child protective services, or any other agency with the right to investigate,
regarding school-related criminal activity; provided, however, that an educator
shall be entitled to decline to give evidence to law enforcement if such
evidence may tend to incriminate the educator as that term is defined by the
Fifth Amendment to the U.S. Constitution.
(4)
Proper
remunerative conduct. The educator shall not solicit current students or
parents of students to purchase equipment, supplies, or services from the
educator in a private remunerative capacity. An educator shall not tutor for
remuneration students currently assigned to the educator's classes, unless
approved by the local superintendent. An educator shall not accept any
compensation, benefit, or thing of value other than the educator's regular
compensation for the performance of any service that the educator is required
to render in the course and scope of the educator's employment. This Rule shall
not restrict performance of any overtime or supplemental services at the
request of the LEA; nor shall it apply to or restrict the acceptance of gifts
or tokens of minimal value offered and accepted openly from students, parents,
or other persons in recognition or appreciation of service.
(5)
Conduct
with students. The educator shall treat all students with respect. The educator
shall not commit any abusive act or sexual exploitation with, to, or in the
presence of a student, whether or not that student is or has been under the
care or supervision of that educator, as defined below:
(A)
any
use of language that is considered profane, vulgar, or demeaning;
(B)
any
sexual act;
(C)
any
solicitation of a sexual act, whether written, verbal, or physical;
(D)
any
act of child abuse, as defined by law;
(E)
any
act of sexual harassment, as defined by law; and
(F)
any
intentional solicitation, encouragement, or consummation of a romantic or
physical relationship with a student, or any sexual contact with a student. The
term "romantic relationship" shall include dating any student.
(6)
Confidential
information. The 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 or
permitted by law or professional standards, or is necessary for the personal
safety of the student or others.
(7)
Rights
of others. The educator shall not willfully or maliciously violate the
constitutional or civil rights of a student, parent/legal guardian, or
colleague.
(8)
Required
reports. The educator shall make all reports required by Chapter 115C of the
North Carolina General Statutes.
(9)
Alcohol
or controlled substance abuse. The educator shall not:
(A)
be
under the influence of, possess, use, or consume on school premises or at a
school-sponsored activity a controlled substance as defined by N.C. Gen. Stat.
§ 90-95, the Controlled Substances Act, without a prescription authorizing such
use;
(B)
be
under the influence of, possess, use, or consume an alcoholic beverage or a
controlled substance on school premises or at a school-sponsored activity
involving students; or
(C)
furnish
alcohol or a controlled substance to any student except as indicated in the
professional duties of administering legally prescribed medications.
(10)
Compliance
with criminal laws. The educator shall not commit any act referred to in G.S.
115C-332 and any felony under the laws of the Unite States or of any state.
(11)
Public
funds and property. The educator shall not misuse public funds or property,
funds of a school-related organization, or colleague's funds. The educator
shall account for funds collected from students, colleagues, or parents/legal
guardians. The educator shall not submit fraudulent requests for reimbursement,
expenses, or pay.
(12)
Scope
of professional practice. The educator shall not perform any act as an employee
in a position for which licensure is required by the rules of the SBE or by
Chapter 115C or the North Carolina General Statutes during any period in which
the educator's license has been suspended or revoked.
(13)
Conduct
related to ethical violations. The educator shall not directly or indirectly
use or threaten to use any official authority or influence in any manner that
tends to discourage, restrain, interfere with, coerce, or discriminate against
any subordinate or any licensee who in good faith reports, discloses, divulges,
or otherwise brings to the attention of an LEA, the SBE, or any other public
agency authorized to take remedial action, any facts or information relative to
actual or suspected violation of any law regulating the duties of persons
serving in the public school system, including but not limited to these Rules.
History
Note: Authority G.S. 115C-295.3;
Eff. May 1, 1998.