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My professional perspective of the role of a principal is to always be proactive and see that the safety of the students and staff is the highest priority. We all follow a code of ethics as educators and families trust that we are morally and ethically trained professionals in our positions. The audience will be all stakeholders inside and outside the school. The topic I'm choosing is over teacher sexual misconduct. I chose this topic ,because unfortunately, this is happening more these days and becoming more of an issue in the surrounding school districts near my school. I'm interested in how to better educate staff members on recognizing this unethical behavior of an educator and the steps in turning each specific situation in to the principal. https://tea.texas.gov/

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The educator is responsible for his or her own professional behavior and should always be in compliance with code of conduct. The educator should again facilitate legal and ethical practices when dealing with students. For the safety of the school the principal and school superintendent should see that all educators are being trained in legal and ethical practices. They should be taught what is ethical and unethical actions and behaviors of the professional teacher

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Slide #3 Federal and State Constitutional Laws

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Slide #3 Federal and State Constitutional Laws

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Sexual abuse of students occurs within the context of schools, where students are taught to trust teachers. Schools are also a place where teachers are more often believed than are students and in which there is a power and status differential that privileges teachers and other educators (Shakeshaft and Cohen, 1994).

Texas Penal Code - PENAL § 21.12. Improper Relationship Between Educator and Student - last updated April 14, 2021

https://codes.findlaw.com/tx/penal-code/penal-sect-21-12/

State educator misconduct laws:

Ohio’s Sexual Battery law (Section 2907.3) and Colorado’s Sexual Assault by One in a Position of Trust (Statute 18-3-405.3) are examples of laws that protect children 18 and under from sexual misconduct by adults in a position of trust.

(U.S. Department of Education, Office of the Under Secretary, Educator Sexual Misconduct: A Synthesis of Existing Literature, Washington, D.C., 2004.)

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Texas Education Code Chapter 51 – Applicable Texas Statutes to Sexual Misconduct

tec-chapter-51-applicable-texas-statutes-to-sexual-misconduct.pdf (uiw.edu)

Governor Greg Abbott has signed into law Senate Bill 7, relating to improper relationships between educators and students and the reporting of educator misconduct.  SB 7 provides additional tools to combat educator misconduct | Texas Education Agency

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LEHTO v. BOARD OF EDUCATION OF CAESAR RODNEY SCHOOL DISTRICT (2008)

Case No. 175, 2008.

LEHTO v. BOARD OF EDUCATION OF CAESAR RODNEY SCHOOL DISTRICT (2008) | FindLaw

The legal requirements and punishment-The Board terminated Lehto because of “immorality” pursuant to 14 Del. C. § 1411, which provides:

Termination at the end of the school year shall be for 1 or more of the following reasons:  Immorality, misconduct in office, incompetency, disloyalty, neglect of duty, willful [sic] and persistent insubordination, a reduction in the number of teachers required as a result of decreased enrollment or a decrease in education services.

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Federal Regulations of teacher sexual misconduct in Texas.

Texas Penal Code - PENAL § 21.12. Improper Relationship Between Educator and Student

An employee of a public or private primary or secondary school commits an offense if the employee:

(1) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled in a public or private primary or secondary school at which the employee works;

(2) holds a position described by Section 21.003(a) or (b),

Education Code, regardless of whether the employee holds the appropriate certificate, permit, license, or credential for the position, and engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a person.(FindLaw.com - Texas Penal Code - PENAL § 21.12. Improper Relationship Between Educator and Student - last updated April 14, 2021 | https://codes.findlaw.com/tx/penal-code/penal-sect-21-12/)

Recommendations for responding to teacher sexual misconduct in Texas:

·        Report the incident

·        Allow the child to tell their story

·        Provide basic information

·        Request confidentiality

·        Be aware of the educator-student relationship

·        Be aware of the code of ethics

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Slide #7 Local Administrative Law/Policy/Rule

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Slide #7 Local Administrative Law/Policy/Rule

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RULE §247.2Code of Ethics and Standard Practices for Texas Educators

(F) Standard 3.6. The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor. https://texreg.sos.state.tx.us/

In addition to making clear the prohibitions against adult-to-student sex, the group United Educators (2004) has suggested that policies should include reference to:

• Descriptions of educationally appropriate touching.

• Limitations on closed-door and after-hours activities with only one student.

• Investigatory rights without formal complaint.

• Required reporting by other teachers and employees.

• Required reports of any criminal investigation or conviction during period of employment.

• Required chaperones, at least one male and one female, for off-site trips.

• Deadlines for reporting allegations with the option for waiving the time limit.

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Title IX – Office for Student Civil Rights and Sexual Misconduct (SCRSM)

Resources & Services: - Title IX – A federal law that prohibits discrimination on the basis of sex in an educational program or activity. TTU does not tolerate discrimination or harassment based on or related to sex, gender identity, sexual orientation, national origin, religion, disability, or protected veteran status. -

Sex-Based Discrimination includes:

• Sexual harassment

• Sexual assault

• Sexual exploitation

• Domestic & dating violence

• Stalking

• Discrimination based on one’s pregnancy, nursing, or parenting status.

• (sex-based discrimination includes discrimination or harassment based on one’s sexual orientation and gender identity).

- Civil Rights Legislation protects students from discrimination/harassment based on the following protected classes:

• Race, national origin, religion, disability, protected veteran status, and age. - How can Title IX- Office for SCRSM help?

• Provide supportive measures and resources.

• Provide education and prevention.

• Investigate to pursue disciplinary outcome.

• Facilitate informal resolutions.

• Stop behavior from continuing or escalating.

- How to Report an incident of sexual misconduct or discrimination based on a protected class:

• File an Incident Report online.

• Contact the Title IX-Office for SCRSM at 806-742-7233.

• Reports are private and will not be shared with students, faculty, non-Title IX staff, or parents, without written consent.

• Title IX will not share information with the Police/Law Enforcement Departments unless requested by student or to comply with a lawfully issued subpoena.

• Students can report anonymously (exemption: student employees are mandated reporters).

Student-Organization-Risk-Management-Guide.pdf (ttu.edu)

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RULE §247.2Code of Ethics and Standard Practices for Texas Educators

(F) Standard 3.6. The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor.

(E) Standard 3.5. The educator shall not intentionally, knowingly, or recklessly engage in physical mistreatment, neglect, or abuse of a student or minor.

Educators' Code of Ethics | Texas Education Agency

Not only is it illegal, but unethical in so many different ways to have sexual misconduct with a student.

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Slide #10 Personal Connection to the Legal and Ethical Standards

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Slide #10 Personal Connection to the Legal and Ethical Standards

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My personal connection to believing in the legal and ethical profession of education started with my first graduate assistant coaching job while in college. I had a very solid head track and field coach that was a woman. She took me in and drilled how important it was to always do the right thing when pertaining to ethics and morals. You will be teaching someone's little son or daughter and to always keep this in your mind.

The personal feelings i have towards legal and ethical standards are strong. Without these as a guideline which must be followed, we would not have the high standards for our educators. We must do better following and explaining the code of ethics to all educators new and old.

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Slide #11 Recommendations/Best Practices for Compliance

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Slide #11 Recommendations/Best Practices for Compliance

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In analyzing the content of this project over teacher sexual misconduct, I would first start by saying we as educators must be trusted with children first and foremost. The code of ethics we all follow is written down and is clearly stated on what not to do, how to turn in the crimes committed, and the punishment for all violations. It really hurts my heart to see so many of these terrible situations hit the news and continue to put a huge black eye on the profession we all love and support.

Bulleted list of Recommendations for responding to teacher sexual misconduct in Texas:

·        Report the incident

·        Allow the child to tell their story

·        Provide basic information

·        Request confidentiality

·        Be aware of the educator-student relationship

·        Be aware of the code of ethics