Florida Statutes And Rules

1. Florida Statutes s. 1006.061 states all employees and agents of the district school board, charter schools and private schools that accept scholarship students, have an obligation to report misconduct by an instructional personnel member or school administrator
2. Florida Statutes s. 1012.33 outlines disciplinary procedures regarding district employment contracts with instructional personnel staff, supervisors and school principals
3. Florida Statutes s. 1012.795 provides the Education Practices Commission the authority to issue disciplinary action against an individual’s Florida Educator certificate
4. Florida Statutes s. 1012.796 provides authority for the Department of Education to investigate and prosecute allegations of educator misconduct
5. Florida Statute s. 1012.01 defines public school instructional personnel, administrative personnel, school volunteers, education support employees and managers
6. State Board of Education Rule 6B-1.001 defines the Code of Ethics of the Education Profession in Florida
7. State Board of Education Rule 6B-1.006 defines the Principals of Professional Conduct of the Education Profession in Florida

HOW TO REPORT MISCONDUCT

1. Report allegations or suspicion of misconduct by an instructional personnel member to your school administrator or district contact
2. Report allegations or suspicion of misconduct by your school administrator to your district contact
3. Document the activities or details of the event.
4. Secure evidence (if applicable)

Listen
Evaluate
Act immediately
Document
Encourage
Report

WHO SHOULD REPORT MISCONDUCT?

1. All employees and agents of a district school board, charter school or private school have a duty to report misconduct.
2. If you are aware of or observe misconduct -- REPORT IT IMMEDIATELY!

WHO SHOULD YOU REPORT?

1. • Classroom teachers
   
2. • Paraprofessionals
   
3. • Substitute teachers
   
4. • Librarians, guidance counselors and social workers
   
5. • Career specialists and school psychologists
   
6. • Principals, Assistant Principals and Deans

Failure to Report Misconduct

1. Written Reprimand
   
2. Suspension with or without pay
   
3. Termination of employment
   
4. Discipline/Sanctions on an educator’s certificate

The following behavior may be indicative of misconduct:

1. being alone with a student in dark or closed room or secluded area
   
2. behaving in an overly friendly or familiar way or failing to maintain an appropriate professional boundary with a student
   
3. using forceful or unnecessary physical contact with a student
   
4. administering discipline not compliant with district policy
   
5. accepting or offering of gifts for return of a favor or privilege from students or colleagues
   
6. badgering or habitually teasing a student
   
7. mocking or belittling a student
   
8. chronically embarrassing a student
   
9. displaying prejudice or bigotry against a student
   
10. suspicion of being under the influence of drugs or alcohol
    
11. failing to properly supervise students or to ensure student safety
    
12. cheating, falsifying information or testing violations
    
13. retaliating against a student or colleague for reporting misconduct
    
14. bantering or engaging in colloquial or slang communications with a student
    
15. directing or using profane, offensive, or explosive language in the presence of students
    
16. making lewd or suggestive comments or overtures toward a student or colleague

Apply the litmus test

1. If you feel uncomfortable
   
2. If you question the person’s motives or actions
   
3. If you are unsure

Protect the students and yourself and report.