Staff Ethics in the Classroom

Upfront & Critical:
Where do you draw the line between one's personal life and their professional life? Should criminal activities you engage in while off the job be a reason to fire you from your job? Or should you only be fired for reasons that have to do with your job? Do you represent your job even when you are not working and thus your criminal actions while not working will still have a negative effect on your job? Read the article below. Should this teacher be fired for being convicted of drug possession while not on school grounds? Should the local school district have the right to determine what behavior is ethical for a person holding that specific position or should the Department of Education of that state have that right? How will they decide which crimes can get you fired? Do you believe they only want to pass this law so that an employee's criminal behavior will not attract negative attention to the company or organization? What do you think?

School ethics policy mulled

Keene panel recommends stricter standards for staff

By Sarah Palermo
Sentinel Staff

Published: Tuesday, January 04, 2011

The Keene Board of Education will consider a policy next week that could set the most stringent ethics standards for school staff in the region.

A board committee recommended Monday night adding criminal convictions to the list of reasons the board can fire an employee.

The staff ethics policy says it holds all employees in the Keene School District to “the highest standards of personal integrity, truthfulness, honesty and fortitude.”

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But when that policy didn’t give the Keene Board of Education latitude to fire a teacher convicted of drug possession and accused of growing marijuana, some board members wanted
more explicit power.

The debate is whether the board can hold teachers accountable for misbehavior off school property and outside of school-sponsored events.

The four-member policy committee began discussions with a proposal from its chairman, Carter Chamberlin, that would have made convictions specifically on illegal drug offenses reason for dismissal.

Last month, the board ruled that the district’s policies and contract with teachers did not mandate Darrel L. Beymer, a Symonds School 3rd-grade teacher, lose his job after he was convicted of marijuana possession, and accused of growing two marijuana plants, though that charge was dropped as part of a plea deal.

Superintendent William B. Gurney recommended firing Beymer, 50, of Harrisville, but the board overruled him, allowing Beymer to return to the classroom if he submitted to frequent drug tests and at least 30 days of counseling, and did not lose his teaching license.

“A lot of people said I can’t believe you don’t have some kind of policy” that punishes teachers for using drugs in their off time, Chamberlin said Monday night.

All staff are forbidden in another policy from drinking or using drugs while on school grounds or at school functions.

Other committee members felt Chamberlin’s suggestion was too narrow.

Aggravated drunken driving should lead to consequences, too, Mark R. Nugent said.

So should assault, said Ann F. Szot: “Do we want a wife beater as a teacher if they were convicted of beating their wife?” she asked.

The board should “have the right to look at that and say we’re not sure you’re fit to be teaching our children,” she said.

The committee also addressed whether the policy would affect people who break laws they deem unjust.

“There’s a difference between human rights and other laws,” Carl A. Panza said. “It’s probably all right to challenge a law that’s violating human rights.”

But drugs aren’t a human right, Szot said, and comparing marijuana users to civil rights activists is a “ridiculous analogy.

“If they want to be a crusader, maybe they should reconsider” their profession, she said.

Chamberlin agreed: “There’s a place to challenge the law, and this room isn’t it.”

State officials have more leeway

Superintendent Gurney said he’d like to run the proposal by the district’s attorney, John D. Wrigley, before it’s considered by the full board.

If the board approves the policy change at its meeting next Tuesday, it will be the first school staff ethics policy in the region with a specific provision for criminal convictions.

But even if district policies don’t prescribe consequences for illegal behavior, teachers are often still held accountable by the N.H. Department of Education, which can revoke their licenses to teach for a wide array of offenses.

The department maintains a list of people who have permanently lost their right to teach, dating back to at least the 1980s. The list includes a brief explanation of why the teacher’s license was pulled.

At least 15 teachers or school officials in the state lost their licenses before 1995 for “lack of good moral character.”

The department had a code of ethics in its rules until that time, according to Judith Fillion, director of the Division of Program Support.

“But the rule-making people said, ‘no, that’s the responsibility of local school districts.’ So we made our reasons more specific,” Fillion said.

Of the 49 teachers and paraeducators who lost their licenses in the past decade, most were accused or convicted of sexual misconduct with students.

Others, however, were convicted of lesser crimes, including simple assault, harassment or misdemeanor theft.

One was convicted of “knowingly having control of a premises where ... marijuana was being illegally kept,” and permanently lost his license in 1996.

Other citations mention only accusations of misconduct, not convictions. One teacher surrendered his license “because of allegations that he knew that inappropriate material was stored in his computer ... (even though) law enforcement authorities dropped all charges,” according to the department’s log of revocations.

Department officials will investigate allegations against teachers when administrators, parents, police or other community members file complaints.

Sometimes state officials don’t even wait that long, and will open investigations when news of alleged teacher misconduct is printed or broadcast in the media, Fillion said.

The department has performed an investigation into whether Beymer should keep his license, Gurney said, but no ruling has been issued.

u See the online version of this story at SentinelSource.com for the ethics policies of all area school districts.

Sarah Palermo can be reached at 352-1234, extension 1436, or spalermo@keenesentinel.com

Source: http://sentinelsource.com/articles/2011/01/04/news/local/free/id_423384.txt