Is There an Ethics Complaint in Your Future? by Elvis Arterbury, Carolyn Crawford, and Dorman Moore
I
s it possible that a fabrication could cost an administrator his/her professional certification? Superintendents who have had experience with the Professional Discipline Unit of the State Board for Educator Certification believe it is possible. As professional educators, we support ethical codes and standards; however, some of our colleagues have had experiences that require our attention and thoughtful reaction. Several superintendents and other professional leaders have recently had complaints filed against them with the State Board for Educator Certification claiming they have violated the educators’ Code of Ethics. Some of these cases appear to be based on various assertions of extreme viewpoints, with a certain amount of encouragement and embellishment from antiadministration staff and patrons. Initially the complaints are taken at face value without consideration of the actual facts in order for SBEC to determine whether or not it has jurisdiction over the claim. All administrators know that the emotions and perspectives of complainants must be evaluated, and all sides of issues must be considered before the facts can be determined. SBEC rules have no initial provision for that consideration. One superintendent who helped defend an accused staff member said, “The complaint process in place at SBEC, as I witnessed it, appears to be a ‘guilty until proven innocent’ process.” This article will attempt to answer the following questions: • What is the ethics law and how is it flawed? • What should I expect if a case is filed against me or a staff member? • How do I defend against a complaint? • How can the current code be improved?
What Is the Law? The Texas Administrative Code, Title 19, Part 7, Chapter 247, Section 247.2, outlines a Code of Ethics and Standard Practices for Texas Educators. The purpose of the code is to provide guidelines for educators in carrying out their professional responsibilities; engaging in professional ethical conduct; and exhibiting professional practices toward professional colleagues and staff, students, parents, and the community. It is the responsibility of SBEC to enforce the rules of the Code of Ethics. Ethical codes and standards for conduct are valuable to our profession because they: 1. Provide broad general guidelines and principles of conduct. They serve to educate the profession about sound practice and offer guidance. As a result of the code, educators should consider the ethical dimension of their actions and decisions. 2. Establish accountability and protect those served by the profession. In our profession this includes all of the stakeholders in public school education. 3. Develop the aspiration dimension of the profession and serve as a catalyst to improve practice. The aspiration nature of the code means that ethical decision making is a continual process and that there are no “pat” answers. The professionals must be engaged in continual dialogue about what is ethical practice and informed judgment. SPRING 2001 13