Under what authority does the Educator Ethics Division operate?
O.C.G.A. §20-2-982 authorizes
the Professional Standards Commission to
investigate reports of specified criminal conduct, violations of
professional or ethical codes of conduct, and violations of certain
rules, regulations, and policies by school system educators;
enforce the requirement that local school systems promptly report
specified criminal conduct of school system educators to the Commission;
and impose disciplinary action or a denial of a certificate against
an educator.
O.C.G.A. §20-2-984.1 charges the Professional Standards Commission with adopting standards of performance
and a code of ethics for educators.
The Professional Standards Commission is authorized to investigate written requests from a local board, the state board, or one or more individual residents of this state related to:
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(1) Alleged violations by an educator of any law of this state pertaining to educators of the profession of education; |
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(2) Alleged violations by an educator of the code of ethics of the commission; |
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(3) Alleged violations by an educator of rules, regulations, or policies of the state board or the commission; |
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(4) Complaints alleging a failure by an educator to meet or comply with standards of performance of the commission or the state board; or |
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(5) Complaints alleging that an educator has been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States. |
How do I report an educator that has violated the Code of Ethics?
Any individual resident of the state of Georgia may report criminal or unethical behavior by an educator to the PSC by submitting a request for investigation (complaint) in writing to:
Ethics Division
Two Peachtree Street
Suite 6000
Atlanta , Georgia 30303-3141
Complaints should include the name of the educator, where they reside or are employed, specific details of the allegations, and the name, address, and signature of the individual requesting the investigation. The following complaint forms may be used: General Compliant Form (.pdf) or Testing Violation Complaint Form (.pdf)
Certified educators are bound by the Code of Ethics for Educators to report criminal or unethical behavior of other educators. Educators should be aware of local policies and procedures and the chain of command for reporting these behaviors within their school system.
Can I find out if an educator is being investigated?
Yes, by contacting the Ethics Division. The educator, the complainant and the educator's employer are notified in writing when an investigation has begun. However, no information regarding a case can be released until the Commission issues a final order in a matter.
What do I need to report when I apply for certification?
Applications for certification require that an educator answer four personal affirmation questions with a "yes" or "no" response:
- Have you ever been dismissed, non-renewed, terminated or resigned while under investigation for allegations of or commission of a felony, a misdemeanor involving moral turpitude or a violation of any profession’s code of ethics?
- Do you have any charges pending against you for committing a felony, a misdemeanor involving moral turpitude or a violation of any profession’s code of ethics?
- Have you ever had any adverse action (i.e. warning, reprimand, suspension, revocation, voluntary surrender, etc.) taken against any professional certificate or license by any agency (in any state) other than the Georgia Professional Standards Commission?
- For any felony or for any misdemeanor offense involving moral turpitude, have you ever:
- Pled guilty
- Been granted first offender treatment without adjudication of guilt
- Been found guilty
- Entered a plea of nolo contendere,
- Participated in a pre-trial diversion program or
- Been placed under a court order whereby an adjudication or sentence was withheld.
Educators must answer these questions honestly. If an educator has previously reported criminal or unethical behavior and the Professional Standards Commission found "no probable cause" to take any action against the educator's certificate for that specific behavior, it does not need to be reported on subsequent applications for certification. Minor traffic violations (speeding, following too closely, improper lane change, etc.) and behavior occurring before age 17 does not need to be reported. Any misdemeanor offense that is NOT a crime of moral turpitude does not have to be reported.
When should I answer “yes” to question # 4 on the PSC application for certification?
If you have EVER pled guilty, been found guilty, entered a plea of nolo contendere, been granted first offender treatment without adjudication of guilt, participated in a pre-trial diversion program or been placed under a court order whereby an adjudication or sentence was withheld for any felony or for any misdemeanor offense involving moral turpitude, you MUST answer “YES” to question four. An educator that falsifies information on the application will be subject to an investigation and disciplinary action by the Professional Standards Commission.
When do I need to submit a FBI criminal history report?
If you have been convicted of a felony or misdemeanor involving moral turpitude in another state, you must submit an FBI criminal history report with your application for certification.
Where do I go to get a copy of my FBI criminal history report?
This report may be obtained from the school system where you are employed or by going to a Cogent site for fingerprinting. Please notify the PSC that you have submitted the necessary information to obtain the FBI report.
What happens when someone is reported to the Educator Ethics Division of the PSC?
When a complaint is received, the PSC determines whether an investigation is warranted. If the PSC votes to investigate, the matter is assigned to an Educator Ethics investigator. At the completion of the investigation, the facts of the case are presented to the Commission to determine if probable cause exists to take disciplinary action against the educator.
If probable cause exists, the educator is sent a letter of notification explaining that he/she may consent to the proposed sanction or request a hearing. If a hearing is requested, an administrative law judge will hear the case and make an initial decision either concurring or modifying the proposed sanction. If neither the educator nor the PSC requests a review of the judge's decision, the Commission adopts it as a final disciplinary action.
What kinds of disciplinary actions can the PSC take against an educator?
The PSC can impose a warning, reprimand, suspension, revocation or denial.
Who is notified about final actions of the PSC?
When the PSC takes a final disciplinary action involving a sanction, all information contained in the case file is subject to Open Records Requests. The PSC makes all final decisions available to all school system personnel directors, RESA directors and Georgia college/university deans and certification officials.
All suspensions, revocations and denials are reported to the National Association of State Directors of Teacher Education and Certification (NASDTEC). This information is shared with other states and NASDTEC members.
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