STANDARDS OF ETHICAL CONDUCT | Administrative Procedures

3210 – STANDARDS OF ETHICAL CONDUCT

Members of the Board and all employees of the District, regardless of their position, collective bargaining status or role, because of their dual roles as public servants and educators are bound by the same ethics policy. The District's policy is to promote the highest level of ethical conduct on the part of all staff associated with the District to ensure the highest public confidence in the impartiality and independent judgment of all staff; and, to provide guidance for district personnel concerning ethics-related matters. It is the responsibility of all individuals associated with the District to act in a manner that will ensure the public’s trust as well as the trust of colleagues and peers. Adherence to the provisions of the comprehensive ethics policy will model the highest standards of integrity and the character traits the District seeks to instill in our students.

All individuals associated with the District shall take reasonable precautions to distinguish between personal views and those of the District, any educational institution or organization with which the individual is affiliated. District personnel shall not intentionally distort or misrepresent facts concerning an educational matter in direct or indirect public expression.

Conflict of Interest

A conflict of interest is defined as a situation in which regard for a private or personal interest leads to disregard of a public duty or interest. Any use by an employee of the authority of his/her office is a conflict of interest. The use of any confidential information received through any employee's employment for the private benefit of the employee (financial or otherwise), or the employee's immediate family or a business with which the employee or a member of the employee's immediate family has employment or ownership, either directly or indirectly, without disclosure constitutes a conflict of interest.

Employees shall not engage in or have a financial interest, directly or indirectly, in any activity that conflicts or raises a reasonable questions of conflict with their duties and responsibilities in the school system.

Employees shall not engage in business, private practice of their profession, the rendering of services, or the sale of goods of any type where advantage is taken of any professional relationship they may have with any student, client, or parents of such students or clients in the course of their employment with the District.

Included by way of illustration rather than limitation are the following:
1. The provision of any private lessons or services to a person whom the employee evaluates or teaches for a fee. Examples include, but are not limited to:
  1. Music teachers providing music lessons to a student for a fee, if the teacher currently teaches or conceivably may teach or grade the student in the near future on how to sing or play the musical instrument in a classroom setting.
  2. Teachers tutoring students for a fee, if they currently teach or conceivably may teach or grade the student in the near future in any area of curriculum and instruction that they tutored the student in for a fee.
  3. Employees coaching students for a fee, if they currently coach or conceivably may coach and select/cut the student for a District team in the same sport in the near future.
2. The use, sale, or improper divulging of any privileged information about a student or client gained in the course of employment or through access to District records. See section E for further clarification, but examples of this section include, but are not limited to:
  1. Administrators/Staff/Volunteers speaking to non-essential need to know members of District staff or non-essential members of the public (non-guardians, unauthorized step parents, etc.) regarding a student they have disciplined, have concerns about, have privileged or personal information they learned about a student in their day to day interactions with the student or obtained through reviewing District electronic and other similar records.
  2. Staff utilizing their knowledge or position with the District or student information for personal financial gain such as: selling supplies/food to students, attempting to use District facilities for a personal matter at no cost or at a reduced fee, submit advertisements for outside entities outside of Board Policy 9701 – Distribution of Literature at no cost or at a reduced fee.
3. The referral of any student or client for lessons or services to any private business or professional practitioner if there is any expectation of reciprocal referrals, sharing of fees, or other remuneration (remuneration generally means a wage or salary, but may also include bonuses paid, gift cards, free or reduced costs for goods/tickets/travel for the employee or the employees immediate family). Examples include, but are not limited to:
  1. Teachers promoting or referring students/parents to non-Board approved and contracted travel companies in a classroom setting or when the teacher is in the course and scope of their employment day with the District, if the teacher expects to receive any one of the following:
    1. referral fee or bonus
    2. gift card
    3. free or reduced travel voucher if a set number of students sign up to attend the trip
  2. Teacher/Coach promoting or referring students/parents to a non-Board approved and contracted private gym, athletic club, or private enterprise and pay admission when the enterprise is owned by:
    1. the teacher/coach
    2. members of the teacher/coach’s immediate family
4. The requirement of students or clients to purchase or contract for any private goods or services provided by an employee, business, or professional practitioner with whom an employee has a financial relationship, as a condition of receiving grades, credits, promotions, approvals, or recommendations. Examples include, but are not limited to:
  1. Teacher/Coach/Staff requiring a student attend to a camp or activity off campus in order to generate revenue for a business owned by the teacher/coach/staff or a member of the immediate family of the teacher/coach/staff.
  2. Staff that owns, operates, or is financially involved in an outside charity, not-for-profit entity, or for-profit entity and requires students to buy products or participate in the enterprise in order to get extra credit, a recommendation of any sort to an outside entity, or a grade advancement.

An employee who has a financial conflict of interest because of a relationship with a business, governmental agency or not-for-profit institution must disqualify or recuse himself/herself from any decision concerning that entity including any decision to contract or not to contract with the entity and the administration of the contract. The reason for such disqualification must be stated in writing and filed with the Superintendent or designee prior to or at the time of the action requiring the disqualification.

Employees shall not make use of materials, equipment, or facilities of the District in private practice.

This policy is not intended to be all inclusive or to substitute for good judgment on the part of all employees.

Board Policy 3129 and Policy 3129.01 also deal with conflict of interest.

Dual Employment and/or Outside Employment

Employees shall not hold employment outside of the District that conflicts with their regularly assigned duties. Employees may, during the hours not required to them to fulfill appropriate assigned duties connected with their employment with the District, engage in other employment provided that such employment does not:
1. Interfere with their effectiveness to perform their regular assigned District duties.
2. Compromise or embarrass the school system in any way.
3. Adversely affect their employment status or professional standing.
4. Conflict with assigned duties in any way, or violate any pertinent section of this procedure or any related policy or procedure including, but not limited to, those incorporated by reference.

All employees that have a financial interest in a company that derives revenue from students where a question of conflict may arise, receive money directly from students or their parents for an activity in a private capacity similar to the employees position with the District wherein they keep a percent of those dollars for personal use, must complete and properly submit "Request for Dual Employment/Outside Activity" which is available from the Human Resources Department.

Gifts

Employees shall neither solicit nor accept anything of value, including a gift, loan, reward, promise of future employment, favor, or service based upon any understanding that the vote, official action, or judgment of the employee that could or would be influenced thereby.

Employees may accept gifts of nominal value in circumstances not related to employment, service, or act to influence judgment. Examples would be a personal gift for a birthday or holiday celebration, or students presenting gifts during the holiday season.

The District defines "nominal value" as $50.00 or less. The Superintendent or designee must approve any exception to this policy involving the acceptance of any gift, loan, reward, favor, or service from any entity connected in any way with the District that is in excess of this nominal value. All employment-related gifts of other than nominal value are to be reported in writing to the Superintendent or designee within ten (10) calendar days of receipt. Any employee who is required to file an annual financial disclosure statement must report any such gifts received that are in excess of $100.00 to the State of Florida Commission on Ethics on a quarterly basis.

Gifts are defined as the transfer, directly or indirectly, of any item, service, or thing, regardless of form, from any entity related to the employee's employment with the District or seeking to influence any business related function of an employee, including, but not limited to:
1. real property
2. use of real property
3. tangible or intangible personal property
4. any preferential rate or terms provided for any debt, loan, goods, or services
5. forgiveness of an indebtedness
6. transportation, other than that provided to a public official by the District in relation to officially approved governmental business
7. food or beverage
8. membership dues or initiation fees
9. entrance fees, admission fees, or tickets to events, performances, or facilities
10. plants, flowers, or floral arrangements
11. services provided by persons pursuant to a professional license or certificate
12. other personal services for which a fee is normally charged

This provision does not apply to:

meals provided at an event at which the employee participates in a seminar or similar activity;
travel expenses and meals paid by a local, State, Federal, or foreign government agency; or
events sponsored by the Brevard Schools' Foundation such as the Teacher of the Year Dinner, golf tournament, etc.

Personal Advertisements

Employees shall not advertise business or professional activities on Board property or use school or work hours, District property, or services to perform or promote personal, not for profit, or commercial enterprises or to campaign or raise money for any candidates for political office. This includes any collective bargaining unit commercial activities. Examples include, but are not limited to staff using their position and/or access to door keys to school buildings to allow an outside entity access without requiring the entities to follow the requirements of Board Policy 7510 – Use of District Facilities (i.e., sorority meetings, amateur athletic unions, outside sporting associations, etc.).
Conduct Regarding Staff
1. Maintain honesty in all professional dealings.
2. Not on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition if otherwise qualified, or social or family background deny to a colleague professional benefits or advantages or participation in any professional organization.
3. Not interfere with a colleague’s exercise of political or civil rights and responsibilities.
4. Not engage in harassment or discriminatory conduct which unreasonably interferes with an individual’s performance of professional or work responsibilities or with the orderly processes of education or which creates a hostile, intimidating, abusive, offensive or oppressive environment; and further, shall make reasonable efforts to assure that each individual is protected from such harassment or discrimination.
5. Not make malicious or intentionally false statements about a colleague.
6. Not use coercive means or promise special treatment to influence professional judgments of colleagues.
7. Not misrepresent one’s own professional qualifications.
8. Not submit fraudulent information on any document in connection with professional activities.
9. Not make any fraudulent statement or fail to disclose a material fact in one’s own or another’s application for a professional position.
10. Not withhold information regarding a position from an applicant or misrepresent assignment or conditions of employment.
11. Not assist entry into or continuance in the profession of any person known to be unqualified in accordance with these Principles of Professional Conduct for the Education Profession in Florida and other applicable Florida statutes and State Board of Education rules.
12. Seek no reprisal against any individual who has reported any allegation of a violation of the Florida School Code or State Board of Education rules as defined in F.S. 1012.795(1).
13. Comply with the conditions of an order of the Education Practices Commission imposing probation, imposing a fine, or restricting the authorized scope of practice.
14. As the supervising administrator, cooperate with the Education Practices Commission in monitoring the probation of a subordinate.
Conduct Regarding Students

As set forth in the Principles of Professional Conduct for the Education Profession in Florida, each employee shall:
1. make reasonable effort to protect the student from conditions harmful to learning and/or to the student's mental and/or physical health and/or safety;
2. not unreasonably restrain a student from independent action in pursuit of learning;
3. not unreasonably deny a student access to diverse points of view;
4. not intentionally suppress or distort subject matter relevant to a student's academic program;
5. not intentionally expose a student to unnecessary embarrassment or disparagement;
6. not intentionally violate or deny a student's legal rights;
7. not harass or discriminate against any student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and shall make reasonable effort to assure that each student is protected from harassment or discrimination.
8. not exploit a relationship with a student for personal gain or advantage; and/or
9. keep in confidence personally identifiable information obtained in the course of professional service, unless disclosure serves professional purposes or is required by law.
Ethics Complaint Process

An ethics complaint is a formal allegation of violation of the District’s comprehensive ethics policy. Formal complaints must be made on the District’s Ethics Complaint Form. The description of alleged unethical conduct must be clear, complete, and documented. Ethics complaints must be filed within thirty (30) days of the alleged ethical misconduct. The filing of a complaint initiates the ethics policy enforcement procedure. The District's complaint processes permit any employee to seek guidance and to report an alleged violation of the District's ethics policy through an ethics formal complaint procedure. The process allows for the protection of the rights of both the complaining party and the accused. An ethics complaint shall remain confidential to the extent permitted until the investigation has been completed. At that time, the ethics complaint information will fall under the provisions of F.S. Chapter 119 related to public records.
Filing an Initial Ethics Complaint
1. An individual may file an initial complaint by phone by contacting the Ethics Hotline at (321) 633-1000, extension 11170; or,
2. by completing the ethics complaint form and providing a copy of supporting documentation, information, and evidence corroborating the allegation. NOTE: Filing a malicious or frivolous ethics complaint and/or providing altered documentation will result in disciplinary action. Retaliation against employees who raise ethical concerns is prohibited; or,
3. by internal courier in a sealed envelope marked “Confidential” to the Director of Professional Standards and Labor Relations at the Educational Services Facility (ESF); or
4. by U.S. Mail to the attention of the Director of Professional Standards and Labor Relations, School Board of Brevard County, 2700 Judge Fran Jamieson Way, Viera, FL 32940; or
5. by scanned and emailed to ethicscomplaints@brevardschools.org.

If the conduct involves the Board Attorney, the individual shall report the detailed concerns, any supporting documentation, and a specific reference to the portions of Board Policy 3210 that have been alleged to have been violated to the Board Chair by email, U.S. Mail, or by calling School Board Services at (321) 633-1000 extension 11412. Note that Board Policy 3210 requires the detailed concerns to be reduced to writing. The Board Chair may engage outside counsel to conduct the investigation concerning the alleged misconduct.

Investigation of Initial Complaint

When a complaint is made, the Director of Professional Standards and Labor Relations, shall have thirty (30) days in which to determine whether it is the type of information described in the Ethics Policy. In doing so, the Director may take the following into consideration:
1. Whether the complaint contain allegations conforming to Board Policy 3210, alleging:
  1. “Any violation or suspected violation of any Federal, State, or local law, rule, or regulation committed by an employee or agent of an agency or independent contractor which creates and presents a substantial and specific danger to the public's health, safety, or welfare.” See Board Policy 3210.
  2. “Any act or suspected act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, or gross neglect of duty committed by an employee or agent of an agency or independent contractor." See Board Policy 3210.
2. Whether the alleged violator is a person within the scope of the policy:
  1. an employee of the District or
  2. an agent of the District or
  3. an independent contractor who has entered into a contract with the District
3. Whether the information demonstrates reasonable cause to suspect a violation of the policies.
Proceeding with the Investigation
1. If the answer to all three (3) questions contained in section B above is yes, then, the District official making the determination shall facilitate an investigation and involve the assistance of any relevant department and/or outside source. The requirement to investigate is phrased in mandatory terms and nothing in the policy would terminate this duty in response to a request from the complainant.
2. If the answer to any of the three (3) questions is no, or there is not enough information in the complaint to make a determination, and the complaint relates to the conduct of a District employee, then the Director shall refer the matter to the appropriate supervisor (i.e. school principal, director, assistant superintendent, etc.), to relay the information contained in the initial complaint.
3. If the answer to any of the three questions is no, or there is not enough information in the complaint to make a determination, but the complaint is not related to the conduct of a District employee, then the Director shall refer the matter to the appropriate outside agency overseeing the conduct which is the subject of the complaint.
Confidentiality

The name or identity of the individual disclosing information related to a whistleblower complaint is confidential. F.S. 112.3188(2)(b) provides confidentiality for those records relating to the District’s active investigation of a whistleblower complaint and is not limited to those records received as part of an active investigation of a complaint of retaliation. However, while the name or identity of the individual disclosing this information is confidential, the initial report of wrongdoing received by the District is a public record, since that information was received before an investigation commenced. Once the investigation is closed, the documents become public record in accordance with F.S. Chapter 119. An ethics complaint shall remain confidential to the extent permitted until the investigation is complete. At that time, the ethics complaint information will fall under the provisions of F.S. Chapter 119 related to public records.
Notification to Board and Superintendent; Record

The Director shall notify the Board and the Superintendent in writing that a complaint has been received and the nature of such complaint. The District official shall maintain a record of all complaints made or purportedly made under the Whistleblower’s Act.
Ethics Policy

After completion of ethics training of rights and responsibilities, all employees are required to sign a pledge to abide by the District’s ethics policy which may be by electronic means. This policy requires that employees understand the procedures and their responsibilities to ask questions, seek guidance, report suspected violations, and express concerns regarding compliance with the District's ethics policy and the related procedures. Supervisors are responsible for ensuring that all employees under their direction have been trained and have signed the District's ethics policy. Supervisors will maintain a file of all completed forms.
Training

The Superintendent or designee will design and implement ethics and compliance training designed to promote the District's commitment to integrity. These programs will inform employees of the District's policies and procedures regarding ethical conduct and help all employees resolve questions and encourage the reporting of suspected violations.
Administrator's Responsibilities

Administrators are responsible for supporting the implementation of ethics conduct programs, and monitoring compliance with the District's values and ethical conduct procedures. Administrators are also responsible for creating an open and honest environment in which employees feel comfortable in bringing issues forward.
Retaliation

Retaliation against employees who raise ethical concerns is prohibited.
Other Resources

Incorporated into this document by references are the various applicable laws, rules, and regulations, including but not limited to:
1. The Code of Ethics for the Education Profession in Florida and the Principles of Professional Conduct of the Education Profession in Florida, F.A.C. 6B-1.001 and F.A.C. 6B-1.006.
2. The Code of Ethics for Public Officers and Employees, found in F.S. 112.
3. Other District policies, which are located on the District's web page (www.brevardschools.org) and includes:
  1. BPS Organizational Values
  2. Bylaw 0122 - Board Powers
  3. Bylaw 0123 - Code of Ethics
  4. Policy 3210 - Standards of Ethical Conduct
  5. Policy 3214 – Gifts
  6. Policy 7540.04 – Staff/Adult Network and Internet Acceptable Use and Safety
4. All applicable ethics codes governing an employee's specialized area of expertise (i.e., American Association of School Administrators Statement of Ethics; American School Counselor Association of Ethical Standards; School Psychologist Ethical Standards; National Assessment of Educational Progress (NAEP) Code of Ethics: Test Administration and Data Collection, etc.).
5. District Forms associated with this policy include:
  1. Form 3210 F1 – Ethics Complaint Form
  2. Form 3210 F2 – Ethics Policy Acknowledgment Form
  3. Form 3210 F3 – Notification of Gift in Excess of $50.00 Form
  4. Form 3210 F4 - Dual Employment Request Form

Revised 6/05
Revised 2/1/11
Revised 8/22/13
Revised 6/2/14
Revised 5/9/23