Skip to content

6.58 Report of Misconduct

6.58 Report of Misconduct

6.58*



REPORT OF MISCONDUCT


POLICY


The School District of Okeechobee County shall adhere to all requirements related to employee misconduct that affects the health, safety, or welfare of a student.


I. Mandatory Reporting of Misconduct


  1. It is the duty of all employees to report to the Superintendent alleged misconduct by any School Board employee that affects the health, safety, or welfare of a student.  Failure of an employee to report such misconduct shall result in disciplinary action.


  1. Instructional personnel and school administrators shall report alleged misconduct of other instructional personnel or school administrators who engage in or solicit sexual, romantic, or lewd conduct with a student.


II. Investigation


The Superintendent shall immediately investigate any allegation of misconduct by an employee that affects the health, safety, or welfare of a student.


A. An employee who is alleged to have committed such misconduct shall be reassigned to a position not requiring direct contact with students, or may be suspended per Board Policy 6.53, pending the outcome of the investigation.


B. Information related to the alleged misconduct shall be considered confidential until the investigation is concluded with a finding to proceed or not to proceed with disciplinary action or charges and the subject of the complaint has been notified of the finding.


C. The Superintendent shall report alleged misconduct to the Department of Education as required by Florida Statutes.  The Superintendent shall report alleged misconduct of instructional personnel or school administrator who engage in conduct that would be considered disqualifying pursuant to Section 1012.315, Florida Statutes.  Failure to report such conduct to law enforcement forfeits the Superintendent’s salary for up to one year.


  1. The School district shall notify the parents of a student affected by an educator’s violation of the district’s Standards of Ethical Conduct.  This notice must be provided to the parent within thirty (30) days of knowledge of the incident and inform the parent of:



  1. The nature of the misconduct,

  2. If the District reported the misconduct to the department in accordance with Section 1012.796, Florida Statutes,

  3. The sanctions imposed against the employee, if any, and

  4. The support the school district will make available to the student in response to the employee’s misconduct.


III. Legally Sufficient Complaint


The Superintendent shall file any legally sufficient complaint with the Department of Education within thirty (30) days after the date the District became aware of the subject matter of the complaint.  A complaint is considered to be legally sufficient if it contains ultimate facts that show that an instructional or administrative employee has committed a violation as provided in 1012.795, F.S., and defined by State Board of Education rule.


IV. Resignation or Retirement in Lieu of Termination


If an instructional or administrative employee resigns or retires in lieu of termination for misconduct that affects the health, safety, or welfare of a student, the Superintendent shall report the misconduct to the Department of Education as required.



V. Employment Reference


A representative of the School District shall not provide an employment reference or discuss the performance of an employee with a prospective employer in an educational setting without disclosing the person’s misconduct that affected the health, safety, or welfare of a student.  A District official shall not enter into any confidentiality agreement regarding terminated or dismissed personnel or personnel who resigned or retired in lieu of termination.


VI. Notification


The policies and procedures for reporting alleged misconduct by employees that affects the health, safety, or welfare of a student shall be posted in a prominent place at each school and on each school’s website.  The notice shall include the name of the person to whom the report is made and the consequences for misconduct.


VII. Protection from Liability


A. Any individual who reports in good faith any act of child abuse, abandonment, or neglect to the Department of Children and Family Services or any law enforcement agency shall be immune from any civil liability or criminal liability that might result from such action.


B. An employer who discloses information about a current or former employee to a prospective employer, at the employee’s request or at the prospective employer’s request, shall be immune from civil liability for such disclosure as provided by Florida Statute.




VIII. False or Incorrect Report


The Superintendent, a Board member, or any District official shall not sign and/or transmit any report regarding employee misconduct to a state official that he/she knows to be false or incorrect.  An individual who knowingly makes a false or incorrect report shall be subject to disciplinary action as prescribed by Florida Statute.











STATUTORY AUTHORITY:

1001.41, 1001.42, F.S.

LAWS IMPLEMENTED:

39.203, 112.313, 119.071, 768.095, 1001.42, 1006.061, 1012.01, 1012.22,1012.27, 1012.795, 1012.796, F.S.

STATE BOARD OF EDUCATION RULES:

6A-10.081

HISTORY:

Adopted:

03/10/2009

Revision Date(s):

03/10/2015, 10/09/2018

Formerly:

New

©EMCS