Iowa Admin. Code r. 282-25.3 - Standards of professional conduct and ethics
Licensees are required to abide by all federal, state, and
local laws applicable to the fulfillment of professional obligations. Violation
of federal, state, or local laws in the fulfillment of professional obligations
constitutes unprofessional and unethical conduct which can result in
disciplinary action by the
(1)
Standard I-
conviction of crimes, sexual or other immoral conduct with or toward a
student , and child and dependent adult abuse. Violation of this
standard includes:
b.
Criminal convictions. The
commission of or conviction for a criminal offense as defined by Iowa law
provided that the offense is relevant to or affects teaching or administrative
performance.
(1) Disqualifying criminal
convictions. The board shall deny an application for licensure and shall revoke
a previously issued license if the applicant or licensee has, on or after July
1,2002, been convicted of, has pled guilty to, or has been found guilty of the
following criminal offenses, regardless of whether the judgment of conviction
or sentence was deferred:
1. Any of the
following forcible felonies included in Iowa Code section
702.11: child
endangerment, assault, murder, sexual abuse, or kidnapping;
2. Any of the following criminal sexual
offenses, as provided in Iowa Code chapter 709, involving a child:
* First-, second- or third-degree sexual abuse committed on or with a person who is under the age of 18;
* Lascivious acts with a child;
* Assault with intent to commit sexual abuse;
* Indecent contact with a child;
* Sexual exploitation by a counselor;
* Lascivious conduct with a minor;
* Sexual exploitation by a school employee;
* Enticing a minor under Iowa Code section 710.10; or
* Human trafficking under Iowa Code section 710A.2;
3. Incest involving a child as
prohibited by Iowa Code section
726.2;
4. Dissemination and exhibition of obscene
material to minors as prohibited by Iowa Code section
728.2;
5. Telephone dissemination of obscene
material to minors as prohibited by Iowa Code section
728.15;
6. Any offense specified in the laws of
another jurisdiction, or any offense that may be prosecuted in a federal,
military, or foreign court, that is comparable to an offense listed in
subparagraph 25.3(1)"b" (1); or
7. Any offense under prior laws of this state
or another jurisdiction, or any offense under prior law that was prosecuted in
a federal, military, or foreign court, that is comparable to an offense listed
in subparagraph 25.3(1)"b" (1).
(2) Other criminal convictions and founded
child abuse. In determining whether a person should be denied a license or
whether a licensee should be disciplined based upon any other criminal
conviction, including a conviction for an offense listed in
25.3(1)"b" (1) which occurred before July 1, 2002, or a
founded report of abuse of a child, the board shall consider:
1. The nature and seriousness of the crime or
founded abuse in relation to the position sought;
2. The time elapsed since the crime or
founded abuse was committed;
3. The
degree of rehabilitation which has taken place since the crime or founded abuse
was committed;
4. The likelihood
that the person will commit the same crime or abuse again;
5. The number of criminal convictions or
founded abuses committed; and
6.
Such additional factors as may in a particular case demonstrate mitigating
circumstances or heightened risk to public safety.
c.
Sexual involvement or
indecent contact with a student . Sexual involvement includes, but is
not limited to, the following acts, whether consensual or nonconsensual:
fondling or touching the inner thigh, groin, buttocks, anus or breasts of a
student ; permitting or causing to fondle or touch the practitioner 's inner
thigh, groin, buttocks, anus, or breasts; or the commission of any sex act as
defined in Iowa Code section
702.17.
d.
Sexual exploitation of a
minor. The commission of or any conviction for an offense prohibited
by Iowa Code section
728.12,
Iowa Code chapter 709 or
18
U.S.C. Section
2252A(a)(5)(B).
e.
Student abuse. Licensees
shall maintain professional relationships with all students, both inside and
outside the classroom. The following acts or behavior constitutes unethical
conduct without regard to the existence of a criminal charge or conviction:
(1) Committing any act of physical abuse of a
student ;
(2) Committing any act of
dependent adult abuse on a dependent adult student ;
(3) Committing or soliciting any sexual or
otherwise indecent act with a student or any minor;
(4) Soliciting, encouraging, or consummating
a romantic or otherwise inappropriate relationship with a student ;
(5) Furnishing alcohol or illegal or
unauthorized drugs or drug paraphernalia to any student or knowingly allowing a
student to consume alcohol or illegal or unauthorized drugs in the presence of
the licensee ;
(6) Failing to report
any suspected act of child or dependent adult abuse as required by state law;
or
(7) Committing or soliciting any
sexual conduct as defined in Iowa Code section
709.15(3)
"b " or soliciting, encouraging, or consummating a romantic
relationship with any person who was a student within 90 days prior to any
conduct alleged in the complaint, if that person was taught by the practitioner
or was supervised by the practitioner in any school activity when that person
was a student.
(2)
Standard II-
alcohol or drug abuse. Violation of this standard includes:
a. Being on school premises or at a
school-sponsored activity involving students while under the influence of,
possessing, using, or consuming illegal or unauthorized drugs or abusing legal
drugs.
b. Being on school premises
or at a school-sponsored activity involving students while under the influence
of, possessing, using, or consuming alcohol.
(3)
Standard III-
misrepresentation, falsification of information. Violation of
this standard includes:
a. Falsifying or
deliberately misrepresenting or omitting material information regarding
professional qualifications, criminal history, college credit, staff
development credit, degrees, academic award, or employment history when
applying for employment or licensure.
b. Falsifying or deliberately misrepresenting
or omitting material information regarding compliance reports submitted to
federal, state, and other governmental agencies.
c. Falsifying or deliberately misrepresenting
or omitting material information submitted in the course of an official inquiry
or investigation.
d. Falsifying any
records or information submitted to the board in compliance with the license
renewal requirements imposed under 282-Chapter 20.
e. Falsifying or deliberately misrepresenting
or omitting material information regarding the evaluation of students or
personnel, including improper administration of any standardized tests,
including, but not limited to, changing test answers, providing test answers,
copying or teaching identified test items, or using inappropriate
accommodations or modifications for such tests.
(4)
Standard IV-misuse of public
funds and property. Violation of this standard includes:
a. Failing to account properly for funds
collected that were entrusted to the practitioner in an educational
context.
b. Converting public
property or funds to the personal use of the practitioner .
c. Submitting fraudulent requests for
reimbursement of expenses or for pay.
d. Combining public or school-related funds
with personal funds.
e. Failing to
use time or funds granted for the purpose for which they were
intended.
(5)
Standard V-violations of contractual obligations.
a. Violation of this standard includes:
(1) Asking a practitioner to sign a written
professional employment contract before the practitioner has been
unconditionally released from a current contract, unless the practitioner
provided notice to the practitioner 's employing board as set forth in
subparagraph 25.3(5)"b"(2).
(2) Abandoning a written professional
employment contract without prior unconditional release by the
employer.
(3) As an employer,
executing a written professional employment contract with a practitioner which
requires the performance of duties that the practitioner is not legally
qualified to perform.
(4) As a
practitioner , executing a written professional employment contract which
requires the performance of duties that the practitioner is not legally
qualified to perform.
b.
In addressing complaints based upon contractual obligations, the board shall
consider factors beyond the practitioner's control. For purposes of enforcement
of this standard, a practitioner will not be found to have abandoned an
existing contract if:
(1) The practitioner
obtained a release from the employing board before discontinuing services under
the contract; or
(2) The
practitioner provided notice to the employing board no later than the latest of
the following dates:
1. The practitioner 's
last work day of the school year;
2. The date set for return of the contract as
specified in statute; or
3. June
30.
(6)
Standard VI-
unethical practice toward other members of the profession, parents,
students, and the community. Violation of this standard includes:
a. Denying the student , without just cause,
access to varying points of view.
b. Deliberately suppressing or distorting
subject matter for which the educator bears responsibility .
c. Failing to make reasonable effort to
protect the health and safety of the student or creating conditions harmful to
student learning.
d. Conducting
professional business in such a way that the practitioner repeatedly exposes
students or other practitioners to unnecessary embarrassment or
disparagement.
e. Engaging in any
act of illegal discrimination, or otherwise denying a student or practitioner
participation in the benefits of any program on the grounds of race, creed,
color, religion, age, sex, sexual orientation, gender identity, disability,
marital status, or national origin.
f. Soliciting students or parents of students
to purchase equipment, supplies, or services from the practitioner for the
practitioner 's personal advantage.
g. Accepting gifts from vendors or potential
vendors where there may be the appearance of or an actual conflict of
interest.
h. Intentionally
disclosing confidential information including, but not limited to, unauthorized
sharing of information concerning student academic or disciplinary records,
health and medical information, assessment or testing results, or family
income. Licensees shall comply with state and federal laws and local school
board policies relating to the confidentiality of student records, unless
disclosure is required or permitted by law.
i. Refusing to participate in a professional
inquiry when requested by the board .
j. Aiding, assisting, or abetting an
unlicensed person in the completion of acts for which licensure is
required.
k. Failing to self-report
to the board within 60 days any founded child abuse report, or any conviction
for a criminal offense listed in 25.3(1)"b" (1) which requires
revocation of the practitioner 's license .
l. Delegating tasks to unqualified
personnel.
m. Failing to comply
with federal, state, and local laws applicable to the fulfillment of
professional obligations.
n.
Allowing another person to use one's practitioner license for any
purpose.
o. Performing services
beyond the authorized scope of practice for which the individual is licensed or
prepared or performing services without holding a valid license .
p. Falsifying, forging, or altering a license
issued by the board .
q. Failure of
the practitioner holding a contract under Iowa Code section
279.13
to disclose to the school official responsible for determining assignments a
teaching assignment for which the practitioner is not properly
licensed.
r. Failure of a school
official responsible for assigning licensed practitioners holding contracts
under Iowa Code section
279.13
to adjust an assignment if the practitioner discloses to the official that the
practitioner is not properly licensed for an assignment.
s. Failure of an administrator to protect the
safety of staff and students.
t.
Failure of an administrator to meet mandatory reporter obligations.
u. Refusal of the practitioner to implement
provisions of an individualized education program or behavioral intervention
plan.
v. Habitual nonparticipation
in professional development by the practitioner .
(7)
Standard
VII-compliance with state law governing obligations to state
or local governments, child support obligations, and board orders.
Violation of this standard includes:
a.
Failing to comply with 282-Chapter 8 concerning payment of debts to state or
local governments.
b. Failing to
comply with 282-Chapter 10 concerning child support obligations.
c. Failing to comply with a board
order.
(8)
Standard VIII-incompetence. Violation of this
standard includes, but is not limited to:
a.
Willfully or repeatedly departing from or failing to conform to the minimum
standards of acceptable and prevailing educational practice in the state of
Iowa.
b. Willfully or repeatedly
failing to practice with reasonable skill and safety.
Notes
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