Reporting Misconduct

FLORIDA STATUTES AND RULES

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  

Florida Statutes s. 1012.33 outlines disciplinary procedures regarding district  employment contracts with instructional personnel staff, supervisors and school principals 

Florida Statutes s. 1012.795 provides the Education Practices Commission the authority to issue disciplinary action against an individual’s Florida Educator certificate

Florida Statutes s. 1012.796 provides authority for the Department of Education to investigate and prosecute allegations of educator misconduct 

Florida Statute s. 1012.01 defines public school instructional personnel, administrative personnel, school volunteers, education support employees and managers

State Board of Education Rule 6B-1.001 defines the Code of Ethics of the Education   Profession in Florida

State Board of Education Rule 6B-1.006 defines the Principals of Professional Conduct of the Education Profession in Florida

Reporting Child Abuse, Abandonment or Neglect

All employees and agents have an affirmative duty to report all actual or suspected cases of child abuse, abandonment, or neglect.

Call 1-800-96-ABUSE or report online at: http://www.dcf.state.fl.us/abuse/report/

Signs of Physical Abuse: The child may have unexplained bruises, welts, cuts, or other injuries; broken bones; or burns. A child experiencing physical abuse may seem withdrawn or depressed, seem afraid to go home or may run away, shy away from physical contact, be aggressive, or wear inappropriate clothing to hide injuries.

Signs of Sexual Abuse: The child may have torn, stained or bloody underwear, trouble walking or sitting, pain or itching in genital area, or a sexually transmitted disease. A child experiencing sexual abuse may have unusual knowledge of sex or act seductively, fear a particular person, seem withdrawn or depressed, gain or lose weight suddenly, shy away from physical contact, or run away from home.

Signs of Neglect: The child may have unattended medical needs, little or no supervision at home, poor hygiene, or appear underweight. A child experiencing neglect may be frequently tired or hungry, steal food, or appear overly needy for adult attention.

Patterns of Abuse: Serious abuse usually involves a combination of factors. While a single sign may not be significant, a pattern of physical or behavioral signs is a serious indicator and should be reported.

Liability Protections Any person, official, or institution participating in good faith in any act authorized or required by law, or reporting in good faith any instance of child abuse, abandonment, or neglect to the department or any law enforcement agency, shall be

immune from any civil or criminal liability which might otherwise result by reason of such action. (F.S. 39.203)

An employer who discloses information about a former or current employee to a prospective employer of the former or current employee upon request of the prospective employer or of the former or current employee is immune from civil liability for such disclosure or its consequences unless it is shown by clear and convincing evidence that the information disclosed by the former or current employer was knowingly false or violated any civil right of the former or current employee protected under F.S. Chapter 760. (F.S. 768.095)

Who Should Report Misconduct?
All employees and agents of a district school board, charter school or private school have a duty to report misconduct.  If you are aware of or observe misconduct REPORT IT IMMEDIATELY!

How to Report Misconduct:

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

Who Should You Report?
•    Classroom teachers
•    Paraprofessionals
•    Substitute teachers
•    Librarians, guidance counselors and social workers
•    Career specialists and school psychologists
•    Principals, Assistant Principals and Deans

Failure to Report Misconduct

Possible penalties for instructional personnel or site administrators who fail to report misconduct may include:
•  
 Written Reprimand
•    Suspension with or without pay
•    Termination of employment
•    Discipline/Sanctions on an educator’s certificate

If someone tells you about misconduct, be a LEADER:

Listen
Evaluate
Act immediately
Document
Encourage
Report