Brevard County (Florida)
Administrative Procedures
 

1210 - ETHICS

Members of the Board, administrators, teachers, and all other 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 designed to create a culture of honesty and integrity that will help the District meet its goal of providing a safe environment and high quality education to all of the Districts' students.
 

A.

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 to the ethics panel constitutes a conflict of interest.
     
   

Included by way 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
   

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
   

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
   

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
   

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 prior to or at the time of the action requiring the disqualification.
     
   

Board Policy 1129, Policy 3129, Policy 3129.01, and Policy 4129 also deal with conflict of interest.
     
 

B.

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: interfere with their effectiveness to perform their regular assigned District duties, compromise or embarrass the school system in any way, adversely affect their employment status or professional standing, 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.
     
 

C.

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.
     
   

Members of the support staff 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 to teachers during the holiday season.
   

The District defines "nominal value" as $50.00 or less. The Superintendent 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 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:
     
 

1.

meals provided at an event at which the employee participates in a seminar or similar activity;
   

2.

travel expenses and meals paid by a local, State, Federal, or foreign government agency; or
   

3.

events sponsored by the Brevard Schools' Foundation such as the Teacher of the Year Dinner, golf tournament, etc.
     
 

D.

Personal Advertisements
     
   

Employees shall not advertise business or professional activities on Board property or use school or work hours, 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.
     
 

E.

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, martial 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.
     
 

F.

Ethics Panel
     
   

The District ethics panels are responsible for ensuring that appropriate policies and procedures exist to help employees comply with the District's expectations of ethical conduct. The Superintendent will appoint members to the panels and designate a District-wide Director of Ethics. One (1) ethics panel will be located in each of the four (4) geographic areas of the District. Each panel will consist of one (1) representative from administration, one (1) certified educator, and one (1) support employee. The four (4) area ethics panels will make recommendations concerning each ethics query and/or ethics complaint to the District-level panel. The Director of Ethics will oversee the District ethics panel that will consist of one (1) representative from administration, one (1) certified educator, and one (1) support employee to ensure that the findings are consistent throughout the District.
 

G.

Ethics Query and Complaint Process
     
   

The District's query and complaint processes permit any employee to seek guidance and to report an alleged violation of the District's ethics policy through an ethics query or formal complaint procedure. The process, sanctioned by the District's ethics panel, 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. 119 related to public records.
     
 

1.

Ethics Query
   
 

An ethics query can be about a hypothetical situation and is an anonymous means for inquiring whether or not a practice warrants filing a complaint alleging a violation of the ethics policy. An ethics query is a request for assistance from the ethics panel to resolve an issue or review a practice of concern. The goal of an ethics query is to bring about improvement in professional practice without resorting to formal ethics policy enforcement proceedings.
   
 

An ethics query may be submitted via a confidential letter, phone call, or an e-mail message to a member of the appropriate area ethics panel or to the Director of Ethics. The letter should outline the concern and specify the alleged violation of the District's ethics policy. The query and any additional relevant information will be considered public information. Send a dated ethics query letter and a copy of any backup information corroborating the concern to the appropriate area ethics panel or the Director of Ethics via courier or mail it to: School Board of Brevard County, 2700 Judge Fran Jamieson Way, Viera, Florida 32940-6699. The ethics panel's resolution of a query will be posted with no personally identifying information on the District's ethics question and answer web page.
 

2.

Ethics Complaint
   
 

An ethics complaint is a formal allegation of violation of the District's comprehensive ethics policy.
   
 

Formal complaints must be made on the 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 Board requires complaining parties to agree that, upon request of the ethics panel, the complainant will give personal testimony in the presence of the accused. If the ethics panel finds that a complaint is supported by sufficient documentation, written notification is issued to the accused. The accused is given the opportunity to respond in writing to the complaint. Send the signed ethics complaint form and a copy of any backup information corroborating the allegation in a sealed envelope to the appropriate area ethics panel or to the Director of Ethics by courier or by mail to the following address: School Board of Brevard County, 2700 Judge Fran Jamieson Way, Viera, Florida  32940-6699.
   
 

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. 119 related to public records.
     
 

H.

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. 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.
 

I.

Training
     
   

The Superintendent will direct that ethics and compliance training and other programs designed to promote the District's commitment to integrity and values as set forth in the organizational values and the District's comprehensive ethics policy be designed and implemented. 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.
     
 

J.

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.
     
 

K.

Retaliation
     
   

Retaliation against employees who raise ethical concerns is prohibited.
     
 

L.

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.brevard.k12.fl.us) including:
   
 

a.

BPS Organizational Values
   

b.

Bylaw 0122 - Board Powers
   

c.

Bylaw 0123 - Code of Ethics
 

d.

Policy 1129 - Conflict of Interest
   

e.

Policy 1210 - Code of Ethics for Administration
   

f.

Policy 1214 - Gifts
   

g.

Policy 3210 - Code of Ethics for Instructional Staff
   

h.

Policy 3214 - Gifts
   

i.

Policy 4210 - Code of Ethics for Support Staff
   

j.

Policy 4214 - Gifts
   

k.

Policy 7540.04 - Staff 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.).

Approved 4/12/05
Revised 6/05