22 Pa. Code § 235.5a - Commitment to students
(a) The
primary professional obligation of educators is to the students they
serve.
(b) In fulfillment of the
commitment to students, educators:
(1) Shall
exercise their rights and powers in good faith and for the benefit of the
student.
(2) Shall maintain
appropriate professional relationships and boundaries with all students at all
times, both in and outside the classroom.
(3) Shall not sexually harass students or
engage in sexual misconduct.
(4)
Shall exert reasonable effort to protect students from harm.
(5) Shall not intentionally expose a student
to disparagement.
(6) Shall exhibit
consistent and equitable treatment and shall not unlawfully discriminate
against students.
(7) Shall not
interfere with a student's exercise of political or civil rights and
responsibilities.
(8) Shall not
knowingly or intentionally distort or misrepresent evaluations of students or
facts regarding students.
(9) Shall
not knowingly or intentionally misrepresent subject matter or
curriculum.
(10) Shall respect a
student's right to privacy and comply with all Federal and State laws and
regulations, and local policies concerning student records and confidential
communications of students.
(11)
Shall not be on school premises or at a school-related activity involving
students, while under the influence of, possessing or consuming alcoholic
beverages or illegal or unauthorized drugs.
(12) Shall not furnish, provide, or encourage
students or underage persons to use, possess or unlawfully distribute alcohol,
tobacco, vaping products, illegal or unauthorized drugs or knowingly allow any
student or underage person to consume alcohol, tobacco, vaping products, or
illegal or unauthorized drugs in the presence of the educator.
(13) Shall refrain from inappropriate
communication with a student or minor, including, inappropriate communication
achieved by electronic communication. Inappropriate communication includes
communications that are sexually explicit, that include images, depictions,
jokes, stories or other remarks of a sexualized nature, that can be reasonably
interpreted as flirting or soliciting sexual contact or a romantic
relationship, or that comment on the physical or sexual attractiveness or the
romantic or sexual history, activities, preferences, desires or fantasies of
either the educator or the student. Factors that may be considered in assessing
whether other communication is inappropriate include:
(i) the nature, purpose, timing and
amount/extent of the communication;
(ii) the subject matter of the communication;
and
(iii) whether the communication
was made openly or the educator attempted to conceal the
communication.
Notes
The provisions for this § 235.5 deleted under section 5(a)(10) of the Educator Discipline Act (24 P.S. § 207.5(a)(10)).
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