North Carolina Administrative Code › Title 16 - EDUCATION › Chapter 06 - ELEMENTARY AND SECONDARY EDUCATION › Subchapter C - PERSONNEL › Section .0600 - STANDARDS OF PROFESSIONAL CONDUCT FOR NORTH CAROLINA EDUCATORS › Section 06C .0602 - STANDARDS OF PROFESSIONAL CONDUCT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  standards listed in this Section shall be generally accepted for the education
				  profession and shall be the basis for State Board review of performance of
				  professional educators. These standards shall establish mandatory prohibitions
				  and requirements for educators. Violation of these standards shall subject an
				  educator to investigation and disciplinary action by the SBE or LEA.
(b) Professional educators shall adhere to
				  the standards of professional conduct contained in this Rule. Any intentional
				  act or omission that violates these standards is prohibited.
(1) Generally recognized professional
				  standards. The educator shall practice the professional standards of federal,
				  state, and local governing bodies.
(2) Personal conduct. The educator shall
				  serve as a positive role model for students, parents, and the community.
				  Because the educator is entrusted with the care and education of small children
				  and adolescents, the educator shall demonstrate a high standard of personal
				  character and conduct.
(3) Honesty.
				  The educator shall not engage in conduct involving dishonesty, fraud, deceit,
				  or misrepresentation in the performance of professional duties including the
				  following:
(A) statement of professional
				  qualifications;
(B) application or
				  recommendation for professional employment, promotion, or licensure;
(C) application or recommendation for college
				  or university admission, scholarship, grant, academic award, or similar
				  benefit;
(D) representation of
				  completion of college or staff development credit;
(E) evaluation or grading of students or
				  personnel;
(F) submission of
				  financial or program compliance reports submitted to state, federal, or other
				  governmental agencies;
(G)
				  submission of information in the course of an official inquiry by the employing
				  LEA or the SBE related to facts of unprofessional conduct, provided, however,
				  that an educator shall be given adequate notice of the allegations and may be
				  represented by legal counsel; and
(H) submission of information in the course
				  of an investigation by a law enforcement agency, child protective services, or
				  any other agency with the right to investigate, regarding school related
				  criminal activity; provided, however, that an educator shall be entitled to
				  decline to give evidence to law enforcement if such evidence may tend to
				  incriminate the educator as that term is defined by the Fifth Amendment to the
				  U.S. Constitution.
(4)
				  Proper remunerative conduct. The educator shall not solicit current students or
				  parents of students to purchase equipment, supplies, or services from the
				  educator in a private remunerative capacity. An educator shall not tutor for
				  remuneration students currently assigned to the educator's classes, unless
				  approved by the local superintendent. An educator shall not accept any
				  compensation, benefit, or thing of value other than the educator's regular
				  compensation for the performance of any service that the educator is required
				  to render in the course and scope of the educator's employment. This Rule shall
				  not restrict performance of any overtime or supplemental services at the
				  request of the LEA; nor shall it apply to or restrict the acceptance of gifts
				  or tokens of minimal value offered and accepted openly from students, parents,
				  or other persons in recognition or appreciation of service.
(5) Conduct with students. The educator shall
				  treat all students with respect. The educator shall not commit any abusive act
				  or sexual exploitation with, to, or in the presence of a student, whether or
				  not that student is or has been under the care or supervision of that educator,
				  as defined below:
(A) any use of language that
				  is considered profane, vulgar, or demeaning;
(B) any sexual act;
(C) any solicitation of a sexual act, whether
				  written, verbal, or physical;
(D)
				  any act of child abuse, as defined by law;
(E) any act of sexual harassment, as defined
				  by law; and
(F) any intentional
				  solicitation, encouragement, or consummation of a romantic or physical
				  relationship with a student, or any sexual contact with a student. The term
				  "romantic relationship" shall include dating any student.
(6) Confidential information. The educator
				  shall keep in confidence personally identifiable information regarding students
				  or their family members that has been obtained in the course of professional
				  service, unless disclosure is required or permitted by law or professional
				  standards, or is necessary for the personal safety of the student or
				  others.
(7) Rights of others. The
				  educator shall not willfully or maliciously violate the constitutional or civil
				  rights of a student, parent/legal guardian, or colleague.
(8) Required reports. The educator shall make
				  all reports required by G.S. 115C.
(9) Alcohol or controlled substance abuse.
				  The educator shall not:
(A) be under the
				  influence of, possess, use, or consume on school premises or at a
				  school-sponsored activity a controlled substance as defined by
				  G.S.
				  90-95, the Controlled Substances Act, without
				  a prescription authorizing such use;
(B) be under the influence of, possess, use,
				  or consume an alcoholic beverage or a controlled substance on school premises
				  or at a school-sponsored activity involving students; or
(C) furnish alcohol or a controlled substance
				  to any student except as indicated in the professional duties of administering
				  legally prescribed medications.
(10) Compliance with criminal laws. The
				  educator shall not commit any act referred to in
				  G.S.
				  115C-332 and any felony under the laws of the
				  United States or of any state.
(11)
				  Public funds and property. The educator shall not misuse public funds or
				  property, funds of a school-related organization, or colleague's funds. The
				  educator shall account for funds collected from students, colleagues, or
				  parents/legal guardians. The educator shall not submit fraudulent requests for
				  reimbursement, expenses, or pay.
(12) Scope of professional practice. The
				  educator shall not perform any act as an employee in a position for which
				  licensure is required by the rules of the SBE or by G.S. 115C or the North
				  Carolina General Statutes during any period in which the educator's license has
				  been suspended or revoked.
(13)
				  Conduct related to ethical violations. The educator shall not directly or
				  indirectly use or threaten to use any official authority or influence in any
				  manner that tends to discourage, restrain, interfere with, coerce, or
				  discriminate against any subordinate or any licensee who in good faith reports,
				  discloses, divulges, or otherwise brings to the attention of an LEA, the SBE,
				  or any other public agency authorized to take remedial action, any facts or
				  information relative to actual or suspected violation of any law regulating the
				  duties of persons serving in the public school system, including but not
				  limited to these Rules.