Standards of Ethical and Professional Performance
The District Board hereby endorses and communicates to its staff the generally accepted minimal standards of professional practices adopted by the Nebraska State Board of Education.
I. Preamble
The educator shall believe in the worth and dignity of human beings. Recognizing the supreme importance of the pursuit of truth, the devotion to excellence and the nurture of democratic citizenship, the educator shall regard as essential to these goals the protection of the freedom to learn and to teach and the guarantee of equal educational opportunity for all. The educator shall accept the responsibility to practice the profession to these ethical standards.
The educator shall recognize the magnitude of the responsibility he or she has accepted in choosing a career in education, and engages, individually and collectively with other educators, to judge his or her colleagues, and to be judged by them, in accordance with the provisions of this code of ethics.
The standards listed in this section are held to be generally accepted minimal standards for public school certificate holders in Nebraska with respect to ethical and professional conduct and are, therefore, declared to be the criteria of ethical and professional performance adopted pursuant to the provisions of Section 79-866 Neb. Rev. Stat. for holders of public school certificates.
II. Principle I Commitment as a Professional Educator:
Fundamental to the pursuit of high educational standards is the maintenance of a profession possessed of individuals with high skills, intellect, integrity, wisdom, and compassion. The educator shall exhibit good moral character, maintain high standards of performance and promote equality of opportunity.
In fulfillment of the educator's contractual and professional responsibilities, the educator:
A. Shall not interfere with the exercise of political and citizenship rights and responsibilities of students, colleagues, parents, school patrons, or school board members.
B. Shall not discriminate on the basis of race, color, religion, national origin, sex, sexual orientation, gender, gender identity, marital status, disability, or age.
C. Shall not use coercive means, or promise or provide special treatment to students, colleagues, school patrons, or school board members in order to influence professional decisions.
D. Shall not make any fraudulent statement or fail to disclose a material fact for which the educator is responsible.
E. Shall not exploit professional relationships with students, colleagues, parents, school patrons, or school board members for personal gain or private advantage.
F. Shall not sexually harass students, parents or school patrons,employees, or board members.
G. Shall not have had revoked for cause a teaching certificate, administrative certificate, or any certificate enabling a person to engage in any of the activities for which a special services certificate is issued in Nebraska.
H. Shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation in the performance of professional duties.
I. Shall report to the Commissioner and the District Superintendent any known violation of Principle I, letter G; Principle III, letter E; or Principle IV, letter B.
J. Shall seek no reprisal against any individual who has reported a violation of this code of ethics.
III. Principle II Commitment to the Student:
Mindful that a profession exists for the purpose of serving the best interests of the client, the educator shall practice the profession with genuine interest, concern, and consideration for the student. The educator shall work to stimulate the spirit of inquiry, the acquisition of knowledge and understanding, and the thoughtful formulation of worthy goals.
In fulfillment of the obligation to the student, the educator:
A. Shall permit the student to pursue reasonable independent scholastic effort, and shall permit the student access to varying points of view.
B. Shall not deliberately suppress or distort subject matter for which the educator is responsible.
C. Shall make reasonable effort to protect the student from conditions which interfere with the learning process or are harmful to health or safety.
D. Shall conduct professional educational activities in accordance with sound educational practices that are in the best interest of the student.
E. Shall keep in confidence personally identifiable information that has been obtained in the course of professional service, unless disclosure serves professional purposes, or is required by law.
F. Shall not tutor for remuneration students assigned to his or her classes unless approved by the Millard Board of Education.
G. Shall not discipline students using corporal punishment.
IV. Principle III Commitment to the Public:
The magnitude of the responsibility inherent in the education process requires dedication to the principles of our democratic heritage. The educator bears particular responsibility for instilling an understanding of the confidence in the rule of law, a respect for individual freedom, and a responsibility to promote respect by the public for the integrity of the profession.
In fulfillment of the obligation to the public, the educator:
A. Shall not misrepresent an institution with which the educator is affiliated, and shall take added precautions to distinguish between the educator's personal and institutional views.
B. Shall not use institutional privileges for private gain or to promote political candidates, political issues, or partisan political activities.
C. Shall neither offer nor accept gifts or favors that will impair professional judgment.
D. Shall support the principle of due process and protect the political, citizenship, and natural rights of all individuals.
E. Shall not commit any act of moral turpitude, nor commit any felony under the laws of the United States or any state or territory, and shall not have a misdemeanor conviction involving abuse, neglect, or sexual misconduct as defined in Sections 003.11 through 003.14 of 92 NAC 21 (an offense under the laws of any jurisdiction, which, if committed in Nebraska, would constitute one of the following misdemeanors (with the applicable sections for the Revised Statutes of Nebraska in parenthesis):
1. Assault (third degree) (28-310)
2. Child Enticement (28-311)
3. Stalking (28-311.03)
4. Hazing (28-311.06)
5. Unlawful Intrusion (28-311.08)
6. Violating a Harassment Protection Order (28-311.09)
7. False Imprisonment (28-315)
8. Sexual Assault (third degree) (28-320)
9. Domestic Assault (28-323)
10. Child/Vulnerable Adult Contact with Methamphetamine (28-457)
11. Abandonment of Spouse or Child (28-705)
12. Child Abuse (28-707)
13. Contributing to the Delinquency of a Child (28-709)
14. Prostitution (28-801)
15. Keeping a Place of Prostitution (28-804)
16. Debauching a Minor (28-805)
17. Public Indecency (28-806)
18. Sale of Obscene Material to Minor (28-808)
19. Obscene Motion Picture Show, Admitting Minor (28-809)
20. Obscene Literature Distribution (28-813)
21. Sexually Explicit Conduct (28-813.01)
22. Resisting Arrest (28-904 (1)(a)), when the conviction involves use or threat of physical force or violence against a police officer
23. Indecency with an Animal (28-1010)
24. Intimidation by Phone Call (28-1310)
25. Violating a Protection Order (42-924)
Other convictions related to such crimes including:
26. Attempt to Commit a Crime (28-201)
27. Criminal Conspiracy (28-202)
28. Accessory to a Felony (28-204)
29. Aiding, Abetting, Procuring, or Causing Another to Commit an Offense (28-206)
Convictions which have been set aside, nullified, expunged, or pardoned shall not be considered convictions for purposes of this Rule, unless the laws of the jurisdiction of the conviction would allow the conviction to be used as the basis for denial of a certificate to teach, administer, or provide special services in schools.
F. Shall, with reasonable diligence, attend to the duties of his or her professional position.
V. Principle IV - Commitment to the Profession:
In belief that the quality of the services to the education profession directly influences the nation and its citizens, the educator shall exert every effort to raise professional standards, to improve service, to promote a climate in which the exercise of professional judgment is encouraged, and to achieve conditions which attract persons worthy of the trust to careers in education. The educator shall believe that sound professional relationships with colleagues are built upon personal integrity, dignity, and mutual respect.
In fulfillment of the obligation to the profession, the educator:
A. Shall provide upon the request of an aggrieved party, a written statement of specific reasons for recommendations that lead to the denial of increments, significant changes in employment, or termination of employment.
B. Shall not misrepresent his or her professional qualifications, nor those of colleagues.
C. Shall practice the profession only with proper certification, and shall actively oppose the practice of the profession by persons known to be unqualified.
VI. Principle V Commitment to Professional Employment Practices:
The educator shall regard the employment agreement as a pledge to be executed both in spirit and in fact. The educator shall believe that sound personnel relationships with governing boards are built upon personal integrity, dignity, and mutual respect.
In fulfillment of the obligation to professional employment practices, the educator:
A. Shall apply for, accept, offer, or assign a position or responsibility on the basis of professional preparation and legal qualifications.
B. Shall not knowingly withhold information regarding a position from an applicant or employer, or misrepresent an assignment or conditions of employment.
C. Shall give prompt notice to the employer of any change in availability of service.
D. Shall conduct professional business through designated procedures, when available, that have been approved by the employing agency.
E. Shall not assign to unqualified personnel, tasks for which an educator is responsible.
F. Shall permit no commercial or personal exploitation of his or her professional position.
G. Shall use time on duty and leave time for the purpose for which intended.
Neb. Rev. Stat. §§79-859, 79-866; 92 NAC 27, 92 NAC 21