Florida Statutes s. 1006.061 states all employees and agents of the district school board, charter
schools and private schools that accept scholarship students, have an obligation to report misconduct
by an instructional personnel member or school administrator  
Florida Statutes s. 1012.33 outlines disciplinary procedures regarding district employment contracts
with instructional personnel staff, supervisors and school principals
Florida Statutes s. 1012.795 provides the Education Practices Commission the authority to issue
disciplinary action against an individual’s Florida Educator certificate
Florida Statutes s. 1012.796 provides authority for the Department of Education to investigate and
prosecute allegations of educator misconduct
Florida Statute s. 1012.01 defines public school instructional personnel, administrative personnel,
school volunteers, education support employees and managers

What Is Misconduct And How Do I Report It?

These questions and answers serve as Hope Christian Academy’s “Duty and Procedures for Reporting
Misconduct” policy.  All information necessary for reporting misconduct is found below.  

Q. Who should report misconduct?
A. In accordance with the law, ALL employees, support personnel and agents of a private school     have
a duty to report known, observed, or suspicious misconduct.

Q. When should you report misconduct?
A. Immediately!

Q. Who should you report?
A. Classroom teachers, teacher aides, substitute teachers, volunteers, librarians, guidance counselors,
social workers, career specialists, school psychologists, principals, assistant principals, administrators,
and school owners.  

Q. What are some examples of misconduct?
A. Following are examples of misconduct.  
However, misconduct is not limited to just these examples.  

•        being alone with a student in a dark or closed room
•        behaving in an overly friendly or familiar way or failing to maintain an  appropriate professional
boundary with a student
•        using forceful or unnecessary physical contact with a student
•        administering discipline not compliant with published school policy
•        accepting or offering of gifts for return of a favor or privilege from students or colleagues
•        badgering or habitually teasing a student
•        mocking or belittling a student
•        chronically embarrassing a student
•        failing to properly supervise students or to ensure student safety
•        cheating, falsifying information or testing violations
•        retaliating against a student or colleague for reporting misconduct
•        directing or using profane, offensive, or explosive language in the presence of students
•        making lewd or suggestive comments or overtures toward a student or colleague
•        suspicion of being under the influence of alcohol or drugs

Q. How do you report misconduct?
A. If you witness or suspect misconduct by a fellow teacher, teacher aide, substitute teacher, volunteer,
librarian, guidance counselor, social worker, career specialist, or school psychologist, you should
immediately report it to the Principal or Vice Principal.
If you witness or suspect misconduct by the Assistant Principal, you should immediately report it to
the Principal.
If you witness or suspect misconduct by the Principal, you should immediately report it to the
Assistant Principal who will then report it to the School Board.
B. Document the activities or details of the event.
C. Secure evidence (if applicable)

Q. What are the consequences for failing to report misconduct?
A. If you fail to report a known misconduct, the possible penalties may include:
•        written reprimand
•         suspension with or without pay
•         Termination
•        Disciple/sanctions on an educator’s certificate

Q. What are the penalties for misconduct?
A.  Misconduct will be dealt with on a case by case basis.  Certain instances of misconduct will result in
immediate termination and may be subject to law enforcement intervention.  Some instances will
result in a meeting and reprimand by an administrator with attempt to correct the misconduct.  Any
employee who is called in twice by an administrator for the same offense will be subject to
termination.  In any instance however, written documentation will be placed in an employee’s file for
all accounts of misconduct.

Q. Will I be subject to any consequences should I report misconduct of another employee?
A. Florida Statutes protect you in the following instances; Explanation of Liability Protection Under
Sections 768.095 & 39.203, Florida Statutes-
•        768.095  Immunity from liability; disclosure of information regarding former or current
employees.--An employer who discloses information about a former or current employee to a
prospective employer of the former or current employee upon request of the prospective employer or
of the former or current employee is immune from civil liability for such disclosure or its consequences
unless it is shown by clear and convincing evidence that the information disclosed by the former or
current employer was knowingly false or violated any civil right of the former or current employee
protected under chapter 760.

Remember…
If you know of or observe behavior that is unprofessional or detrimental as it relates to the
children in your school by a person in any of the categories shown above, you should report
that person by following the school’s established reporting procedures.

If someone tells you about misconduct, be a LEADER:

Listen
Evaluate
Act immediately
Document
Encourage
Report
Hope Christian Academy
"Helping Children Achieve"
"Teaching is the profession that teaches all the other professions.”  ~Author Unknown
Educator Misconduct