ODE Code of Conduct

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Licensure Code of Professional Conduct

for Ohio Educators

Educators are entrusted by the public with the responsibility of providing a

high-quality education to every student. Through various roles, these professionals

devote themselves to providing a safe and nurturing environment in which all

students can learn. In alignment with the

Standards for Ohio Educators and the

Ohio Academic Content Standards for Students

excellence through high expectations that they hold for themselves and their

students. The professional conduct of every educator affects attitudes toward the

profession. Educators are trustees of the profession and share with the broader

community the responsibility of providing high-quality public education.

Aware of the importance of maintaining the confidence and trust of students,

parents, colleagues, and the public, Ohio educators maintain the highest degree of

professional conduct for themselves and their peers. The

Professional Conduct for Ohio Educators

pertaining to licensure that are consistent with applicable law, and provides a guide

for conduct in situations that have professional implications for all individuals

licensed by the State Board of Education, such as teachers, principals,

superintendents

substitute teachers).

Ohio is nationally known as a state that produces high-quality educators and

recognizes that its 250,000 practicing educators hold the fundamental beliefs defined

in the following eight principles:

1. Educators behave in a professional manner, realizing that one’s actions

         reflect directly on the status and substance of the profession.

2. Educators maintain a professional relationship with all students at all

         times, both in and outside the classroom.

3. Educators accurately report information required by the local board of

         education or governing board, state education agency, federal agency or

         state or federal law.

4. Educators adhere to federal, state and local laws and statutes regarding

        criminal activity.

5. Educators comply with state and federal laws related to maintaining

        confidential information.

, our state’s educators strive forLicensure Code ofserves as the basis for decisions on issues, and other persons serving schools (e.g., school nurses, coaches,

Adopted March 11, 2008, State Board of Education

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6. Educators serve as positive role models and do not use, possess or

         unlawfully distribute illegal or unauthorized drugs.

7. Educators ensure that school property, public funds or fees paid by

         students or the community are used in the best interest of students and

         not for personal gain.

8. Educators fulfill all of the terms and obligations in their employment

         contract.

As education is a public trust, the Ohio Department of Education pursues allegations

of unprofessional conduct. By law, educators are entitled to all due process rights,

with each circumstance considered on a case by case basis to determine

appropriate action. The

Licensure Code of Professional Conduct for Ohio Educators

includes the presumptive range of applicable disciplinary actions involving any

individual licensed by the State Board of Education.

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1. Professional Behavior

       Educators shall behave as professionals realizing that their actions reflect

       directly on the status and substance of the education profession.

       An educator serves as a positive role model to both students and adults and is

       responsible for preserving the dignity and integrity of the teaching profession

       and for practicing the profession according to the highest ethical standards.

        Conduct unbecoming

           following actions:

a) Failing to adhere to the

to the profession includes, but is not limited to, theLicensure Code of Professional Conduct for Ohio Educators.

b) Committing any violation of state or federal laws, statutes, or rules, although the conduct may

        not have resulted in a criminal charge, indictment,prosecution or conviction

c) Disparaging a colleague, peer or other school personnel while working in a professional setting

        (e.g., teaching, coaching, supervising, or conferencing)on the basis of race or ethnicity,

        socioeconomic status, gender, nationalorigin, sexual orientation, political or religious affiliation

        characteristics, age, disability or English language proficiency.

d) Failing to complete a criminal background check as required by state orfederal law.

e) Violating local, state or federal procedures related to the security of standardized tests, test

         supplies or resources.

f) Being disciplined by another state educational entity or other professional licensing board or

          entity for unethical conduct.

g) Using technology to intentionally host or post improper or inappropriate material that could

          reasonably be accessed by the school community.

The disciplinary actions for violations of Principle 1 can be found on Page 15.

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2. Professional Relationship with Students

Educators shall maintain a professional relationship with all students at all

         times, both in and out of the classroom.

An educator’s responsibility includes nurturing the intellectual, physical,

emotional, social, and civic potential of all students and providing a safe

environment free from harassment, intimidation and criminal activity. An

educator creates, supports, and maintains an appropriate learning

environment for all students and fulfills the roles of trusted confidante, mentor

and advocate for students’ rights. An educator must serve as a champion

against child abuse and be cognizant of student behaviors that suggest abuse

or neglect.

Conduct unbecoming

a) Committing any act of sexual abuse of a student or minor or engaging in inappropriate sexual

         conduct with a student or minor.

b) Committing an act of cruelty to children or an act of child endangerment

(e.g., physical abuse, mental injury, or emotional abuse).

c) Soliciting, encouraging, engaging or consummating an inappropriate relationship with a student

        or minor.

d) Disparaging a student on the basis of race or ethnicity, socioeconomic status, gender, national

        origin, sexual orientation, political or religiousaffiliation, physical characteristics, academic or

        athletic performance,disability or English language proficiency.

e) Using inappropriate language, gestures or signs at any school-related activity

        such as racial slurs, biased, lewd or lascivious expressions.

f) Provoking an altercation between students, or provoking or engaging in aphysical altercation

        with students, that is not for the purpose of ensuring thehealth, safety, and welfare of students.

g) Failing to provide appropriate supervision of students, within the scope of the educator’s official

         capacity, which risks the health, safety, and welfare of students or others in the school

         community.

includes, but is not limited to, the following actions:

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h) Knowingly contributing to or knowingly failing to intervene in the harassment, intimidation or

          bullying of a student.

i) Using technology to promote inappropriate communications with students.

The disciplinary actions for violations of Principle 2 can be found on Page 15.

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3. Accurate Reporting

Educators shall accurately report information required by the local board of

education or governing board, state education agency, federal agency or state

or federal law.

An educator communicates appropriate representation of facts concerning

qualifications for professional practice, student information, school board

policy, and other educational matters. An educator must report, to the

superintendent or designee, conduct by a licensed educator that substantially

impairs his or her ability to function professionally or any conduct that is

detrimental to the health, safety, and welfare of students.

Conduct unbecoming

a) Falsifying, intentionally misrepresenting, willfully omitting or being negligentin reporting  

        information submitted to federal, state, and other governmentalagencies such as professional

        qualifications, criminal history and informationsubmitted in the course of an official inquiry or

        investigation, college or professional development credit and/or degrees, academic awards,

        and employment history when applying for employment and/or licensure, or when

        recommending an individual for employment, promotion or licensure.

b) Falsifying, intentionally misrepresenting, willfully omitting or being negligent in reporting reasons

        for absences or leaves.

c) Falsifying, intentionally misrepresenting, willfully omitting or being negligent in reporting

         information regarding the evaluation of students and/orpersonnel.

d) Intentionally failing to report to superintendent or designee conduct that substantially impairs an

         educator’s ability to function professionally in his or her position or any conduct that is

         detrimental to the health, safety, and welfare of students.

e) Intentionally failing to make a mandated report of any violation of state or federal law.

includes, but is not limited to, the following actions:

The disciplinary actions for violations of Principle 3 can be found on Page 16.

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4. Criminal Acts

Educators shall adhere to federal, state and local laws and statutes.

An educator shall not engage in criminal activity as evidenced by a criminal

conviction, guilty plea, finding of guilt, or participation in a court-ordered

diversion or treatment in lieu of conviction program.

Conduct unbecoming

a) A criminal offense that is an offense of violence, theft , drug abuse , or sexually-oriented offense

         as defined in Ohio Administrative Rule 3301-20-01(e.g., murder, rape, drug trafficking,

         kidnapping, robbery, felonious assault).

b) A criminal offense that requires an educator to meet the rehabilitation standards as defined in

         Ohio Administrative Code Rule 3301-20-01 (e.g.,assault, passing bad checks, fraud,

         domestic violence, possession of drugs).

c) A criminal offense that is not identified as an absolute bar offense or offense requiring

         rehabilitation pursuant to Ohio Administrative Code Rule 3301-20-01,and the offense

         involves a student, a minor or an offense involving a school district or school personnel.

d) Conveying or possessing a deadly weapon or dangerous ordnance in a school safety zone, on

         school premises, or at a school-related activity unless authorized by state or federal law.

e) A criminal offense that is not identified as an absolute bar offense or offense requiring

          rehabilitation pursuant to Ohio Administrative Code Rule 3301-20-01,and the offense does

          not involve a student, a minor, a school district or schoolpersonnel. (This does not include

          traffic violations.)

includes, but is not limited to, the following actions:

The disciplinary actions for violations of Principle 4 can be found on Page 16.

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5. Confidentiality

Educators shall comply with state and federal laws related to maintaining

confidential information.

An educator is entrusted with information that could be misused to embarrass

or damage a student’s reputation or relationship with others. Therefore, the

educator has the responsibility to keep information about students

confidential unless disclosure serves professional purposes, affects the

health, safety, and welfare of students and others, is required by law, or

parental permission has been given. An educator maintains the security of

confidential information such as academic and disciplinary records, personal

confidences, photographs, health and medical information, family status

and/or income.

Conduct unbecoming

a) Willfully or knowingly violating any student confidentiality required by federal or state laws,

        including publishing, providing access to, or altering confidential student information on district

        or public web sites such asgrades, personal information, photographs, disciplinary actions, or

        individual educational plans (IEPs) without parental consent or consent of students 18

        years of age and older.

b) Using confidential student, family, or school-related information in a nonprofessional

         way (e.g., gossip, malicious talk or disparagement).

includes, but is not limited to, the following actions:

The disciplinary actions for violations of Principle 5 can be found on Page 16.

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6. Use, Possession, or Unlawful Distribution of Alcohol, Drugs andTobacco

Educators shall not use, possess or unlawfully distribute illegal or

unauthorized drugs. Educators shall not use alcohol during any school activity

involving students, minors or underage persons. Educators shall not use

tobacco during any school activity except in a designated area. Educators

shall not furnish, provide or encourage students or underage persons to use,

possess or unlawfully distribute alcohol, tobacco, illegal or unauthorized

drugs.

An educator is entrusted with protecting the health, safety, and welfare of

students at any school event. The use of alcohol, illegal or unauthorized drugs

causes impairment of professional judgment that may potentially harm others.

A professional educator must serve as a positive role model and refrain from

the illegal use of tobacco on any school grounds or at any school activity.

Conduct unbecoming

a) Being under the influence of, possessing, using or consuming illegal or unauthorized drugs.

b) Being on school premises

        supervising, or conferencing) or at any school activity involving students,

        minors or underage persons while under the influence, possessing

        consuming alcoholic beverages.

c) Furnishing or providing tobacco, alcohol or illegal/unauthorized drugs to any

        student, minor or underage person.

d) Being on school premises or at any school activity involving students, minors

        or underage persons while using tobacco except in a designated area.

e) Promoting the use of steroids, stimulants, or nutritional supplements to

        accelerate physical growth or contribute to the control of weight loss or weight

        gain to enhance physical performance.

includes, but is not limited to, the following actions:in an official capacity (e.g., teaching, coaching,, or

The disciplinary actions for violations of Principle 6 can be found on Page 17.

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7. Accepting Compensation for Self Promotion or Personal Gain

Educators shall ensure that school property, public funds or fees paid by

students or the community are not used for personal gain. Educators shall not

make decisions based upon gifts, gratuities, favors or the socioeconomic

status of parents, family members, community members or businesses.

An educator is entrusted with public funds and school property in the course

of performing job duties and maintains a high level of honesty, accuracy and

accountability to ensure that institutional privileges are not used for personal

gain. An educator maintains integrity with students, colleagues, parents,

families, community or businesses when accepting gifts, gratuities or favors.

To avoid bias or prejudice, an educator needs to ensure that decisions made

about students or school policy are not negatively influenced by the

socioeconomic status of parents, family members, community members or

businesses.

Conduct unbecoming

a) Soliciting students or parents of students to purchase equipment, supplies, or

         services or to participate in activities that financially benefit the educator

         without notifying the superintendent or designee and/or not in accordance

         with local board policy.

b) Accepting gifts from vendors or potential vendors for personal use or gain

         exceeding $25.00 in value.

c) Tutoring students in one’s district for profit without notifying the

         superintendent or designee and/or not in accordance with local board policy.

d) Coaching and/or promoting athletic or artistic camps, off season leagues,

         etc. in one’s district for profit without notifying the superintendent or designee

         and/or not in accordance with local board policy.

e) Failing to account for funds related to school activities collected from

         students, parents, family members, community members, staff or peers in

         accordance with local board policy.

f) Co-mingling public or school-related funds with personal funds or checking accounts.

g) Submitting fraudulent requests for reimbursement of expenses.

includes, but is not limited to, the following actions:

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h) Using school property without the approval of the superintendent or designee

          and/or not in accordance with local board policy (e.g., technology, copy

          machines, vehicles).

The disciplinary actions for violations of Principle 7 can be found on Page 17.

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8. Commitment to Contract

Educators shall fulfill all of the terms and obligations detailed in their

employment contract with the local board of education or educational agency

for the duration of the contract.

An educator knows and understands the rights and responsibilities as outlined

in the employment contract and adheres to the terms and conditions of the

agreement by fulfilling responsibilities and duties required of the position.

Conduct unbecoming

a) Abandoning the contractual agreement for professional services without prior

         release from the contract by the Board of Education or designee according to

         Ohio Revised Code 3319.15.

b) Willfully refusing to perform services and duties required by the contract

         except as outlined in the Ohio Revised Code Chapter 4117.

c) Violating or interfering with due process as outlined in the contractual agreement.

includes, but is not limited to, the following actions:

The disciplinary actions for violations of Principle 8 can be found on Page 17.

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DISCIPLINARY/DUE PROCESS

The State Board of Education has the authority to suspend, limit, revoke or deny

licenses; issue a letter of admonishment; or enter into a consent agreement with an

applicant or licensed educator, to administer the educator discipline process in

accordance with Chapter 33 and Chapter 119 of the Ohio Revised Code and

Chapter 3301 of the Ohio Administrative Code.

When an educator is reported to the Ohio Department of Education (ODE) for an

allegation of unprofessional conduct made by a principal, parent, teacher, student,

superintendent, or community member the department will determine whether the

State Board of Education has jurisdiction to investigate the matter pursuant to

Section 3319.311 of the Ohio Revised Code.

If it is determined that an investigation is warranted, a thorough investigation would

be conducted pursuant to Section 3319.311 of the Ohio Revised Code at which time

all mitigating circumstances will be fully examined to determine whether the

allegation can be substantiated.

false allegation or unsubstantiated all the information obtained in the case file will be

sealed two years after the investigation is concluded in accordance with Section

3319.311 of the Ohio Revised Code.

If the results of an investigation warrant initiating an action under Section 3319.31 of

the Ohio Revised Code,

pursuant to Chapter 33 and Chapter 119 of the Ohio Revised Code and Chapter

3301of the Ohio Administrative Code.

If an allegation is reported and it turns out to be aan educator is entitled to all due process rights afforded

DISCIPLINARY GUIDELINES

Upon a determination that the results of an investigation warrant the State Board of

Education to impose a disciplinary action pursuant to Section 3319.31 of the Ohio

Revised Code, the State Board may impose an appropriate penalty within the

presumptive range on a

guidelines unless the aggravating and mitigating factors in an individual case warrant

a penalty outside the presumptive range.

The range of disciplinary actions are presumptions and may include a letter of

admonishment, consent agreement, limitation of a license, suspension of a license,

revocation of a license, or denial of a license. The terms “suspension,” “revocation,”

and “denial” shall mean any length of suspension, revocation or denial, including

permanent revocation or permanent denial. A license may be suspended or limited

pursuant to a consent agreement or State Board resolution. A complete explanation

case by case basis as set forth in these disciplinary

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of the types of disciplinary actions can be accessed through the Department of

Education’s Web site, www.ode.state.oh.us, search keywords

The State Board may determine that a penalty outside the range of the disciplinary

guidelines is more appropriate in an individual case based upon aggravating and

mitigating factors as outlined in Sections 3301-73-21 (A) (B) and Section 3301-20-01

(E) of the Ohio Administrative Code, or any other factors the State Board, district or

educational entity, or superintendent considers relevant. Further, the State Board

may determine not to impose a disciplinary action involving an educator’s licensure

or application for licensure based upon a local school district or educational entity

appropriately addressing the violation of the

for Ohio Educators

disciplinary actions.Licensure Code of Professional Conductat the district or building level.

The

individuals licensed by the Ohio Department of Education.

ranges are only applicable for disciplinary actions involving an educator’s licensure

or application for licensure. The presumptive ranges are not applicable for any

discipline imposed at the local level. Possible discipline at the local level must follow

all local contractual provisions, including but not limited to due process, progressive

discipline, and just cause. However, an educator who violates one or more of the

principles may be subject to discipline at both the state level and local level.

Following are the disciplinary actions, including a presumptive range of penalties that

shall apply to violations of the

Educators.

Licensure Code of Professional Conduct for Ohio Educators applies to allThe presumptiveLicensure Code of Professional Conduct for Ohio

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DISCIPLINARY ACTIONS

1. Professional Behavior

Educators shall behave as professionals realizing that their actions reflect

directly on the status and substance of the education profession.

If an educator violates Principle 1,

disciplinary action is the following:

i. Suspension (1 day to 1 year) of a license depending upon the violation of the testing procedure;

ii. Suspension of a license until the educator comes into compliance with the required background

      checks;

iii. Letter of admonishment up to revocation/denial of a license for other acts

       unbecoming to the professional conduct of educators.

the presumption for the appropriate range of

2. Professional Relationship with Students

Educators shall maintain a professional relationship with all students at all

times, both in and out of the classroom.

If an educator violates Principle 2,

disciplinary action is the following:

i. Revocation/denial of a license for sexual/physical abuse;

ii. Suspension (1 day to 5 years) of a license up to revocation/denial of a license

        for psychological, verbal or emotional abuse; to solicit, encourage, engage, or

        consummate an inappropriate written, verbal, psychological, emotional or

        physical relationship with a student or minor; or inappropriate use of

        technology with a student.

iii. Suspension (1 day to 5 years) of a license for disparagement, inappropriate

        language, physical altercations, inappropriate supervision or harassment.

the presumption for the appropriate range of

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3. Accurate Reporting

Educators shall accurately report information required by the local board of

education or governing board, state education agency, federal agency or state

or federal law.

If an educator violates Principle 3,

disciplinary action is suspension (1 day to 1 year) of a license.

the presumption for the appropriate range of

4. Criminal Acts

Educators shall adhere to federal, state and local laws and statutes.

If an educator violates Principle 4,

disciplinary action is the following:

i. Revocation/denial of a license for a criminal offense that is an offense of

      violence, theft offense, drug abuse offense or sexually oriented offense as

      defined in Ohio Administrative Code Rule 3301-20-01;

ii. Revocation/denial of a license for a criminal offense involving the school

       community or where the victim is a student or a minor

iii. Suspension (1 day to 5 years) of a license up to revocation/denial of a license

        for all other felony criminal acts;

iv. Letter of admonishment up to revocation/denial of a license for all other

        misdemeanor criminal acts. (e.g., disorderly conduct, trespass, assault,

        passing bad checks, fraud, domestic violence, possession of drugs)

the presumption for the appropriate range of

5. Confidentiality

Educators shall comply with state and federal laws related to maintaining

confidential information.

If an educator violates Principle 5,

         disciplinary action is suspension (1 day to 2 years) of a license.

the presumption for the appropriate range of

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6. Use, Possession, or Unlawful Distribution of Alcohol, Drugs and Tobacco

Educators shall not use, possess or unlawfully distribute illegal or

unauthorized drugs. Educators shall not use alcohol during any school activity

involving students, minors or underage persons. Educators shall not use

tobacco during any school activity except in a designated area. Educators

shall not furnish, provide or encourage students or underage persons to use,

possess or unlawfully distribute alcohol, tobacco, illegal or unauthorized

drugs.

If an educator violates Principle 6,

disciplinary action is the following:

i. Suspension (1 year to 5 years) of a license up to revocation/denial of a

       license for violations dealing with students, minors, or underage persons or

the presumption for the appropriate range of

       school

ii. Suspension (1 day to 5 years) of a license for misuses

       minors, or underage persons or school activities.

activities;unrelated to students,

7. Accepting Compensation for Self Promotion or Personal Gain

Educators shall ensure that school property, public funds or fees paid by

students or the community are not used for personal gain. Educators shall not

make decisions based upon gifts, gratuities, favors or the socioeconomic

status of parents, family members, community members or businesses.

If an educator violates Principle 7,

disciplinary action is the following:

i. Suspension (2 years to 5 years) up to revocation/denial of a license for theft

      of school property or school funds;

ii. Letter of admonishment up to suspension (1 day to 1 year) of a license for

        using one’s position for personal gain.

the presumption for the appropriate range of

8. Commitment to Contract

Educators shall fulfill all of the terms and obligations detailed in their

employment contract with the local board of education or educational agency

for the duration of the contract.

If an educator violates Principle 8,

disciplinary action is suspension (1 day to 1 year) of a license.

the presumption for the appropriate range of

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