Georgia Professional Standards Commission

Leadership Employee Expectations • Set Guidelines - Clear statements of Rules & Regulations, Standards and Job Descriptions, Goals and Objectives, Mission Statements.

•Resources - Teacher Handbook, Policy and Procedures Manual, Education Law, DOE, Federal Regulations.

•Establish a clear Chain of Command Principal, Assistant Principals, Lead Teachers, Other Administrative Staff.

•Respect - Fair, Supportive, Consistent, Credible, Trust.

Which headline will you see in the morning paper? _________________________ 249,999 Teachers do a great job.

OR Teacher arrested for child molestation.

Why do Teachers Fail?

Teachers usually tell the investigator, “This is the way that I have always done it and it has been okay.” or “The administrators knew what I was doing this and I was never informed that it was not right.” ______________________________________________________

Leaders are responsible for setting the example, establishing limits, and making corrections.

Investigation Goal

Obtain as much information as possible. The more information that is obtained the easier it becomes to make a decision.

Follow local policies and procedures in investigating alleged misconduct.

Remain objective!

If you cannot remain objective, assign someone else to do the investigation.

REASONS FOR WITNESS FAILURE

Credibility

Administrators Convey Poor Image to Judge and/or Jury: – Poor Attitude, Appearance and Preparation – Arrogance or Hostility – Little or No Documentation of Facts – No Evidence

Plan the Investigation

• •

Who is in charge

• What

facts

are of the investigation?

needed

to substantiate or prove • unsubstantiated the allegation?

• What

documentation

is available?

• Is there

evidence

that needs to be collected?

Who should be interviewed

? (

What information is expected?

) • What

other agencies

(DFCS, Police, District Attorney, etc.)? need to be involved

What independent actions

should the school system take immediately?

Begin Immediately

•

Secure Physical Evidence

•

Photograph the scene of the event

•

Document what happened

•

Make a list of potential witnesses

Document the Investigation Decide what information you will need and create a report format to assist you in documenting the investigation. It is easy to forget something if you don’t have a good report form.

This template is available at www.GAPSC.org. for download and use. Contact your HR Director if you want a copy.

Incident Type

(Theft, Assault, Alcohol, etc.)

Incident Report Location of Incident Investigator Date/Time of Incident Date/Time Reported Reported To Participants

(Name, Home/Work Addresses, Contact Information) Perpetrator(s): Victim(s):

Complainant

(Name, Home/Work Addresses, Contact Information)

Witnesses

(Name, Home/Work Addresses, Contact Information - Use back of sheet if additional space is needed)

Description of the incident

(What Happened?)

List of Evidence Collected Reported to DFCS?

Law Enforcement?

PSC?

Yes No Yes No Yes No Certification Information

(Name, Certificate #, Position held)

Disposition

• • • •

Example:Teacher suspected of being under the influence at school Secure Physical Evidence alcoholic beverage, cup, water bottle, pill bottle, baggie, etc.

Photograph the scene of the event condition of teacher, where evidence found, blackboard Document what happened date &time, how you became aware, glassy eyes, slurred speech, unsteady, offered sobriety test, test administration info., test results, etc.

Make a list of potential witnesses witnessed the teacher’s conduct, who smelled the beverage, who administered the test, etc.

PSC Case – One year suspension

• On 3-18-10, the educator did not report to work. The educator stated he was on his way to school. the students. • The

principal

contacted.

and

assistant principal

reading of .10 and a low reading of .06.

principal

called the educator at home at 8:53am and awakened the educator. The • The educator arrived at school a short time later and started instructing went to the educator’s classroom to see if he had arrived. They smelled alcohol on the educator’s breath. The educator was escorted to the school office where the principal asked him if he would take a sobriety test. • The educator consented and the School Resource Officer (SRO) was • The SRO contacted an on duty law enforcement officer (Testing Officer) who reported to the school and administered an Alco-Sensor test on the educator. The educator was given multiple tests with a high • The educator admitted that he had consumed alcohol the night before and stated that the information reported by the system was correct.

If a Criminal Act has been committed

•

Secure all evidence

•

Contact Law Enforcement

•

Document what has been done

O.C.G.A. § 19-7-5 An oral report shall be made as soon as possible

by telephone or otherwise and followed by a report in writing, if requested, to a child welfare agency providing protective services, as designated by the Department of Human Resources of any reports of ‘Child abuse’ including: 

Physical injury or death

inflicted upon a child than accidental means)

by a parent or caretaker

(by other 

Neglect or exploitation

of a child by a parent or caretaker 

Sexual abuse

sexual intercourse; masturbation; lewd exhibition; …physical contact in an act of apparent sexual stimulation or gratification ...

“Sexual abuse” shall not include consensual sex acts involving persons of the opposite sex when the sex acts are between minors…”

•

Sexual exploitation

conduct by a child’s parent or caretaker who allows, permits, encourages, or requires that child to engage in: prostitution; or sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct.

Interviewing

Garrity Rule

•

Do not present information to law enforcement officials that violates the Garrity Rule .

The Garrity Rule

• “If an employee is compelled to answer questions as a condition of employment, the employee's answers and the fruits of the answers may not be used against the employee in a subsequent criminal prosecution.”

The Garrity Rule Expands – Gardner V. Broderick

• “There exist affirmative limitations on an employer's ability to require answers to questions asked during an investigation of an employee, the questions must be "specifically, narrowly, and directly" tailored to the employee's job.

Interviews

•

Tape record interviews

•

Interview Individually

•

Interview Witnesses First

•

Prepare questions

•

Control the Environment

•

Establish Rapport

Control the environment.

Establish Rapport

Do Not Be Accusatory Do Not Interrupt –

Allow for Spontaneous Utterances

Use Reflective Listening

– Repeat back what was just said

Arguing does not work

- Do Not put a person in a position where they have to defend themselves.

The majority of the talking should come from the person being interviewed.

Questions you need to ask.

WHO was involved?

WHAT happened?

WHEN did it happen?

WHERE did it happen?

WHY did it happen?

HOW did it happen?

Interview Avoid Leading Questions

Do you remember X?

Avoid Yes or No Questions

.

Were you at the gym on Friday?

Ask:

Where were you on Friday?

Avoid Negative Wording

You don’t remember X, do you?

Allow the witness to talk.

Ask:

Tell me what you remember about ...

Rephrase and repeat : “Is there other information that you can remember/provide that would be helpful in determining what happened?”

Silence is Okay

During the Interview Observe the body language of the person being interviewed.

Be aware of your body language

(tone of voice, gestures, eyes and facial expressions.)

Detecting a Lie

Kinetic Interviewing

• Establish a baseline • Voice inflection (pitch) • Hesitation • Body language (movements) • Avoidance techniques • Eye movement

Establishing a Baseline -

• How does he person behave when they are telling the truth? • Ask questions that are not threatening and observe the subject’s reactions while they are answering the questions.

What is your name?

What is your address?

What subjects do you teach?

Etcetera

Voice Inflection

• Listen for changes in voice pitch, inflection or volume.

• Inappropriate laugh • Voice changes occur 95% of the time when a person lies. Volume increases and voice pitch increases.

Hesitation Stress Indicators

• Pause before answering question.

• Repeating question • Coughing • Licking lips; touching mouth; rubbing nose; crossing arms; pulling on earlobes

Body Language

• Drumming fingers • Tapping feet; shacking foot • Raising (shrugging) shoulders • Pointing behavior (leaning toward the exit) • Rapid heartbeat • Deep breathing • • Changes in complexion

Be aware of your body language

(tone of voice, gestures, eyes and facial expressions.)

Avoidance Techniques

• Swearing that a statement is true – Honestly; I swear; You have got to believe me • Evasive answers – I do not remember; Not really; I might have; I don’t know; I don’t recall; To the best of my knowledge

Eyes

• Avoidance of eye contact • Direction subject is looking while formulating answer • Changes in the eyes • Rapid eye movements

Questions to Ask

What do you think should happen to a person that did something like this____?

• A guilty person will generally ask for some type of help. Possibly suggest a minor consequence.

Is there a reason that your fingerprints or personal effects were found at ____?

• A guilty person will find a reason for evidence linking them to the event could have been found at _____.

Questioning Children

•

Open-Ended Questions avoid the use of questions that typically result in a Yes or No answer .

•

Do not assume that you understand. If at first you don’t understand what they are trying to tell you, ask them to re-state what they want to say.

•

Allow the child to move around, fiddle it allows the child feel they have some control.

•

Listen and observe nonverbal expressions. Indirect approaches work best with reluctant children.

•

Encourage the child to expand, “What happened next?” and “You were saying that ____ ”

•

Adolescents - written statements are possibly more effective than interviews. They tend to express private feelings.

After the Interview

1. Document what you observed 2. Transcribe your Tape and Notes 3. Have the Transcript Signed 4. Obtain a Written Statement 5. Keep Notes in a Separate File 6. Complete the Record

Behaviors to Watch for When Adults Are With Children

Have you ever seen someone playing with a child and felt uncomfortable with it? Maybe you thought, "I'm just over reacting," or, "He/She doesn't really mean that." If you are uncomfortable, be sure to trust your instincts and ask questions.

Do you know an adult who

:

• • • • •

Makes others uncomfortable by ignoring social, emotional or physical boundaries or limits? Refuses to let a student set any of his or her own limits? Uses teasing or belittling language to keep a student from setting a limit? Insists on hugging, touching, kissing, tickling, wrestling with or holding a student even when the student does not want this physical contact or attention? Turns to a student for emotional or physical comfort by sharing personal or private information or activities, normally shared with adults?

Frequently points out sexual images or tells dirty or suggestive jokes to students?

• • •

Has secret interactions with students (e.g. games, drugs, alcohol, or sexual material) or spends time emailing, text messaging or calling students?

•

Is overly interested in the sexuality of a student (e.g., talks repeatedly about students’ developing bodies or their dating habits)? Insists on or manages to spend uninterrupted time alone with a student? Seems “too good to be true, i.e. frequently volunteers for various student activities; takes students on special outings alone; buys students gifts or gives them money reason?

•

Is not age appropriate with students – acts like a student? (dresses, talks, tries to look like student – identifies with students, not a role model)

Do you know someone who:

•

May experience typical gestures of friendliness or affection as sexual?

•

Explores his or her own natural sexual curiosity with younger children or those of differing size, status, ability, or power?

•

Seeks out the company of younger children and spends an unusual amount of time with them rather than with peers?

•

Do you know an employee who:

Misses or ignores social cues about students’ personal or sexual limits and boundaries?

•

Often has a "special" student friend, maybe a different one from year to year?

•

Spends an unusual amount of time with students and shows little interest in spending time with peers?

•

Encourages silence and secrets with students?

•

Links sexuality and aggression in language or behavior, e.g. sexualized threats or insults, like “whore” or “slut”?

• • • • • •

Makes fun of students’ body parts, describes students with sexual words like “stud” or “sexy” or talks again and again about the sexual activities of students? Seems unclear about what's appropriate with students? Has been known to make poor decisions while misusing drugs or alcohol? Looks at child pornography or downloads/views Internet pornography or other inappropriate material? Justifies behavior or finds reasons to explain poor choices or harmful acts; blames others as a way to refuse responsibility for behaviors? Minimizes hurtful or harmful behaviors when confronted; denies harmfulness of actions or words despite apparent impact?

Sexual Harassment

•

Under Title VII, once there is a complaint of sexual harassment, the employer has a duty to investigate. It must discharge this duty promptly: right away, immediately . The employer should still investigate, even if the complainant doesn't want it to.

•

If a fact-finding investigation is necessary, it should be launched immediately. The case law shows that this advice is to be taken fairly literally: " immediately” .

•

Consideration should be given to having the investigation conducted by outside independent counsel. (Competency and Attorney - Client privilege.)

Testing Investigations

• Establish a chain of custody and access – how was the test distributed and secured • Establish that the educator was trained and describe the training (sign in sheet, agenda, date and time, copies of PowerPoint presentation) • Who are the witnesses (proctors, test coordinators, other teachers, students, etc.) • Identify unusual gains and spikes in students’ scores – and determine if that educator is administering the test properly

Testing Investigations

• Check the computer files and lesson plans • Check the trash cans in the classroom where there is an allegation of misconduct • Check the paperwork at the educator’s work station • Check students’ answer documents and scratch paper • Immediately respond to allegations of misconduct – prevent damage control

Avoid Testing Irregularities

• The principal is responsible for the proper administration of standardized tests at his or her school • Establish clear guidelines and create an atmosphere that does not allow for deviations from the test manuals • Impress upon the teachers that there will be consequences for their actions • Participate in the test administration – you are not a spectator

Report Unethical Conduct to the Professional Standards Commission.

Employment Issues involving competence, insubordination, medical problems, physical health, emotional or mental health, and local policy should be handled at the local level.

Professional Standards Commission Ethics Division Contact Information Gary Walker, Director John Grant, Chief Investigator Georgia Professional Standards Commission [email protected]

404-232-2626