Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 25 - Code of Professional Conduct and Ethics › Rule 282-25.3 - Standards of Professional Conduct and Ethics

Current through Register Vol. 47, No. 3, July 24, 2024
Licensees are required to abide by all federal, state, and
				local laws applicable to the fulfillment of professional obligations. Violation
				of federal, state, or local laws in the fulfillment of professional obligations
				constitutes unprofessional and unethical conduct which can result in
				disciplinary action by the board. In addition, it is hereby deemed
				unprofessional and unethical for any licensee to violate any of the following
				standards of professional conduct and ethics:
(1)
Standard I
-
conviction of crimes, sexual or other immoral conduct with or toward a
			 student, and child and dependent adult abuse.
Violation of this
			 standard includes:
a.
Fraud.
Fraud means the same as defined in rule
			 282-25.2 (272).
b.
Criminal convictions.
The
			 commission of or conviction for a criminal offense as defined by Iowa law
			 provided that the offense is relevant to or affects teaching or administrative
			 performance.
(1) Disqualifying criminal
			 convictions. The board shall deny an application for licensure and shall revoke
			 a previously issued license if the applicant or licensee has, on or after July
			 1,2002, been convicted of, has pled guilty to, or has been found guilty of the
			 following criminal offenses, regardless of whether the judgment of conviction
			 or sentence was deferred:
1. Any of the
			 following forcible felonies included in Iowa Code section
			 702.11: child
			 endangerment, assault, murder, sexual abuse, or kidnapping;
2. Any of the following criminal sexual
			 offenses, as provided in Iowa Code chapter 709, involving a child:
* First-, second- or third-degree sexual abuse committed on or
				with a person who is under the age of 18;
* Lascivious acts with a child;
* Assault with intent to commit sexual abuse;
* Indecent contact with a child;
* Sexual exploitation by a counselor;
* Lascivious conduct with a minor;
* Sexual exploitation by a school employee;
* Enticing a minor under Iowa Code section
				710.10;
				or
* Human trafficking under Iowa Code section
				710A.2;
3. Incest involving a child as
			 prohibited by Iowa Code section
			 726.2;
4. Dissemination and exhibition of obscene
			 material to minors as prohibited by Iowa Code section
			 728.2;
5. Telephone dissemination of obscene
			 material to minors as prohibited by Iowa Code section
			 728.15;
6. Any offense specified in the laws of
			 another jurisdiction, or any offense that may be prosecuted in a federal,
			 military, or foreign court, that is comparable to an offense listed in
			 subparagraph 25.3(1)
"b"
(1); or
7. Any offense under prior laws of this state
			 or another jurisdiction, or any offense under prior law that was prosecuted in
			 a federal, military, or foreign court, that is comparable to an offense listed
			 in subparagraph 25.3(1)
"b"
(1).
(2) Other criminal convictions and founded
			 child abuse. In determining whether a person should be denied a license or
			 whether a licensee should be disciplined based upon any other criminal
			 conviction, including a conviction for an offense listed in
			 25.3(1)
"b"
(1) which occurred before July 1, 2002, or a
			 founded report of abuse of a child, the board shall consider:
1. The nature and seriousness of the crime or
			 founded abuse in relation to the position sought;
2. The time elapsed since the crime or
			 founded abuse was committed;
3. The
			 degree of rehabilitation which has taken place since the crime or founded abuse
			 was committed;
4. The likelihood
			 that the person will commit the same crime or abuse again;
5. The number of criminal convictions or
			 founded abuses committed; and
6.
			 Such additional factors as may in a particular case demonstrate mitigating
			 circumstances or heightened risk to public safety.
c.
Sexual involvement or
			 indecent contact with a student.
Sexual involvement includes, but is
			 not limited to, the following acts, whether consensual or nonconsensual:
			 fondling or touching the inner thigh, groin, buttocks, anus or breasts of a
			 student; permitting or causing to fondle or touch the practitioner's inner
			 thigh, groin, buttocks, anus, or breasts; or the commission of any sex act as
			 defined in Iowa Code section
			 702.17.
d.
Sexual exploitation of a
			 minor.
The commission of or any conviction for an offense prohibited
			 by Iowa Code section
			 728.12,
			 Iowa Code chapter 709 or
			 18
			 U.S.C. Section
			 2252A(a)(5)(B).
e.
Student abuse.
Licensees
			 shall maintain professional relationships with all students, both inside and
			 outside the classroom. The following acts or behavior constitutes unethical
			 conduct without regard to the existence of a criminal charge or conviction:
(1) Committing any act of physical abuse of a
			 student;
(2) Committing any act of
			 dependent adult abuse on a dependent adult student;
(3) Committing or soliciting any sexual or
			 otherwise indecent act with a student or any minor;
(4) Soliciting, encouraging, or consummating
			 a romantic or otherwise inappropriate relationship with a student;
(5) Furnishing alcohol or illegal or
			 unauthorized drugs or drug paraphernalia to any student or knowingly allowing a
			 student to consume alcohol or illegal or unauthorized drugs in the presence of
			 the licensee;
(6) Failing to report
			 any suspected act of child or dependent adult abuse as required by state law;
			 or
(7) Committing or soliciting any
			 sexual conduct as defined in Iowa Code section
			 709.15(3)
"b "
or soliciting, encouraging, or consummating a romantic
			 relationship with any person who was a student within 90 days prior to any
			 conduct alleged in the complaint, if that person was taught by the practitioner
			 or was supervised by the practitioner in any school activity when that person
			 was a student.