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Educator Conduct and Child Abuse and Protection

Adopted: November 13, 2023; revised 9/28/25

Purpose

The Board adopts this policy to promote the integrity of the education profession and to create a climate within the school that fosters ethical conduct and practice.

Authority

The Board requires certificated school employees to comply with the Code of Professional Practice and Conduct and the requirements of the Educator Discipline Act.

Definitions

Educator – shall mean a person who holds a certificate.

Certificate – shall mean any Commonwealth of Pennsylvania certificate, commission, letter of eligibility or permit issued under the School Code.

“Abuse exists when there is endangerment of a person’s physical or mental health due to injury by act or omission. Abuse and neglect include the following:

(a) “Neglect” includes failure, refusal, or inability on the part of a caregiver, for reasons other than poverty, to provide necessary care, food, water, clothing, medical or dental care or shelter to seriously endanger the physical health of the student.

(b) “Physical Abuse” includes physical injury inflicted on a student by other than accidental means. Physical injury includes, but is not limited to, lacerations, fractured bones, burns, internal injuries, severe or frequent bruising, or great bodily harm. Conduct qualifying as Physical Abuse may include, but is not limited to, hitting, spanking, shaking, slapping, unnecessary restraints, pushing, or other forceful physical contact.

(c) “Verbal Abuse” includes language that is degrading or threatening, and includes verbal interactions such as name calling, insults, cursing, derogatory remarks, belittling, and shaming.

(d) “Sexual Abuse” includes a wide spectrum of interactions with students including rape, certain physical assault, sexual battery, physical sexual contact, sexually explicit or offensive verbal communication, verbal sexual harassment, voyeurism, sexually oriented conversations, sexual intercourse or sexual touching of a student, sexual exploitation, exposing of genitalia, viewing of sexual activity, or permitting, allowing or encouraging a student to engage in prostitution.

(e) “Emotional Abuse” includes conduct that reasonably causes harm to a student’s psychological or intellectual functioning, which is exhibited by emotional damage such as severe anxiety, depression, withdrawal, or aggression. Emotional damage may be demonstrated by substantial and observable changes in behavior, emotional response, or learning, which are incompatible with the student’s age or stage of development. Emotional Abuse includes the following conduct: shaming, humiliation, and cruelty.”

Sexual Abuse or Exploitation – shall mean any of the following:

  1. The employment, use, persuasion, inducement, enticement or coercion of a child to engage in or assist another individual to engage in sexually explicit conduct, which includes, but is not limited to, the following:
  • Looking at the sexual or other intimate parts of a child or another individual for the purpose of arousing or gratifying sexual desire in any individual.
  • Participating in sexually explicit conversation either in person, by telephone, by computer or by a computer-aided device for the purpose of sexual stimulation or gratification of any individual.
  • Actual or simulated sexual activity or nudity for the purpose of sexual stimulation or gratification of any individual.
  • Actual or simulated sexual activity for the purpose of producing visual depiction, including photographing, videotaping, computer depicting or filming.
  1. Any of the following offenses committed against a child: rape; statutory sexual assault; involuntary deviate sexual intercourse; sexual assault; institutional sexual assault; aggravated indecent assault; indecent assault; indecent exposure; incest; prostitution; sexual abuse; unlawful contact with a minor; or sexual exploitation.

Sexual Misconduct – any act, including, but not limited to, any verbal, nonverbal, written or electronic communication or physical activity, directed toward or with a child or student that is designed to establish a romantic or sexual relationship with the child or student, such acts include but are not limited to:

  • Sexual or romantic invitation.
  • Dating or soliciting dates.
  • Engaging in sexualized or romantic dialog.
  • Making sexually suggestive comments.
  • Self-disclosure or physical disclosure of a sexual or erotic nature.
  • Any sexual, indecent, romantic or erotic contact with a child or student.

Fell Charter School Policy Prohibiting the Abuse or Mistreatment of Students

Fell Charter School has zero tolerance for abuse and will not tolerate the mistreatment or abuse of any person in its programs. Any mistreatment or abuse by an employee or volunteer will result in disciplinary action, up to and including termination of employment or volunteer service. Further, this organization will fully cooperate with law enforcement and child protective services throughout the investigation and resolution of mistreatment or abuse
incidents.

Fell Charter Policy Defining Appropriate and Inappropriate Physical Contact

Fell Charter’s physical contact policy promotes a positive, nurturing environment while protecting students, employees, community members, and volunteers. Our organization encourages appropriate physical contact with students and prohibits inappropriate displays of physical contact. Any inappropriate physical contact by employees or volunteers towards students will result in disciplinary action, up to and including termination.

The organization’s policies for appropriate and inappropriate physical interactions include but are not limited to:

Appropriate Physical Interactions

Contact initiated by the student such as:

  • Side hugs
  • Pats on the shoulder or back
  • Handshakes
  • High-fives and fist bumps
  • Touching hands, shoulders, and arms
  • Arms around shoulders
  • Holding hands (with young children in escorting situations)
  • Asking for permission before touching or guiding in how to do an activity (such as fastening
    safety equipment or showing how to swing a golf club)

Inappropriate Physical Interactions

  • lingering hugs initiated by the adult
  • Kisses
  • Showing physical affection
  • Lap sitting
  • Wrestling
  • Piggyback rides
  • Tickling
  • Giving gifts or money
  • Allowing a student to cling to an employee’s or volunteer’s leg
  • Allowing students to sit on an employee or volunteer’s lap
  • Any type of massage given by or to a student outside of accepted and documented medical treatment
  • Any form of affection that is unwanted by the student or the employee or volunteer
  • Touching bottom, chest, or genital areas that is outside authorized and documented personal care assistance

Fell Charter Policy Defining Appropriate and Inappropriate Verbal Interactions

Employees and volunteers are prohibited from speaking to students in a way that is or could be construed by any observer as coercive, threatening, intimidating, shaming, derogatory, demeaning, or humiliating. Employees and volunteers must not initiate sexually oriented conversations with students. Employees and volunteers are not permitted to discuss their own sexual activities with students. Our organization’s policies for appropriate and inappropriate verbal interactions include, but are not limited to:

Appropriate Verbal Interactions

  • Positive reinforcement
  • Appropriate jokes
  • Encouragement
  • Praise
  • Strength-based conversations
  • Self-disclosure as a supervised therapeutic tool by licensed clinicians, medical professionals

Inappropriate Verbal Interactions

  • Discussing sexual encounters or showing sexual materials
  • Name-calling
  • Involving students in the personal problems or issues of employees and volunteers
  • Flirting
  • Secrets
  • Cursing
  • Off-color or sexual jokes
  • Shaming, belittling
  • Oversharing personal history
  • Derogatory or discriminatory remarks
  • Harsh language that may frighten, threaten or humiliate students
  • Derogatory remarks about the student or their family
  • Compliments relating to physique or body development

Fell Charter Policy for Managing One-on-One Interactions Between Employees, Volunteers, and Students

One-on-one interactions with students should only occur during programming under
authorized circumstances in that employee’s official capacity. The purpose of this policy is to ensure the organization clearly communicates expectations for employees and volunteers and gives examples of appropriate behavior when authorized one-on-one interactions occur. In those situations where one-on-one interactions are authorized, employees and volunteers should observe the following guidelines to limit the risk of abuse or false allegations of abuse:

  • Meet students in a public place where you are in full view of others.
  • Avoid physical interactions and/or affection during one-on-one interactions at all costs. If
  • physical interactions occur, immediately share the nature and extent of physical interactions that occurred during the one-on-one interaction with your supervisor after the interaction has ended.
  • If meeting in a room or office, leave the door open or move to an area that can be easily observed by others passing by.
  • To the extent possible, inform other employees, volunteers, and/or parents/guardians that you are alone with a student and encourage them to randomly drop in or pass by the interaction.
  • To the extent possible, ensure one-on-one interactions occurring behind closed doors are
  • scheduled in advance, take place in a room with windows or glass in the door, and/or are communicated to your supervisor.
  • To the extent possible, ensure one-one-one interactions are documented, especially if behind closed doors. Keep documentation of these meetings and share with your supervisor.
  • Document and immediately report any unusual incidents, including physical interactions, disclosures of abuse or maltreatment, behavior problems and how they were handled, injuries, or any interactions that might be misinterpreted or that made you uncomfortable.

Fell Charter Policy for Managing One-on-One Interactions Between Employees, Volunteers, and Students in Virtual Programming

One-on-one interactions with students in virtual programming should only occur during programming under authorized circumstances in that employee’s official capacity. The purpose of this policy is to ensure the organization clearly communicates expectations for employees and volunteers engaging in one-on-one interactions that occur in virtual programming and gives examples of appropriate behavior when authorized one-on-one interactions do occur. In those situations where one-on-one interactions are authorized, employees and volunteers should observe the following guidelines to limit the risk of abuse or false allegations of abuse:

  • Ensure one-on-one interactions in virtual programming are scheduled in advance and communicate with your supervisor. Links and passwords to virtual sessions should be shared with your supervisor.
  • Ensure one-on-one interactions in virtual programming are documented. Keep documentation of these meetings and share with your supervisor.
  • Document and immediately report any unusual incidents, including disclosures of abuse or maltreatment, observations of abusive or neglectful conditions, behavior problems and how they were handled, injuries, or any interactions that might be misinterpreted or that made you uncomfortable.
  • Invite a parent or supervisor to join the meeting.
  • Require routine, unannounced supervisory visits to virtual programs; and require documentation of virtual supervisory visits.

Fell Charter School Policy for Managing Interactions between Employees, Volunteers, and Students outside the organization

Research shows many cases of organizational abuse occur off-site and outside of regularly scheduled activities. Allowing contact outside of regularly scheduled activities may put employees, volunteers, students , and our organization at increased risk. This document offers various options for managing the risk of abuse and false accusations arising from contact outside the organization’s regularly scheduled programming. Examples of contact outside of regularly scheduled program activities:

  • Babysitting arrangements
  • Tutoring
  • Private lessons/coaching
  • Mentorship
  • Social interactions between employee’s or volunteer’s children and children served
    by the organization:
  • Playdates and birthday parties
  • Sleepovers
  • Overnight trips and vacations
  • Rides to/from organization or extracurricular activities and events
  • Attending public events in a shared community (like graduation, sports events, religious ceremonies)
  • Continued contact with student after a student’s participation in a program has
    ended

This organization strongly encourages employees and volunteers to refrain from outside contact with students with which they do not have a pre-existing familial or social relationship (i.e., children are friends at school, families attend same religious institution, etc.). However, if interactions with students outside of regularly scheduled program activities are unavoidable due to the above factors, this organization offers the following
guidelines:

  • If there is a pre-existing social or familial relationship, ensure proper boundaries are
    drawn by the employee or volunteer while in organization programming.
  • Make sure the Rule of Three applies so there are no one-on-one interactions
  • If transporting students (not the employees own child), ensure that they are seated in the back seat of the car.
  • If students are playing at a school employee’s house or spending the night with the employee’s own children, ensure that rules prohibiting one-on-one interactions apply in this setting and that students are not going into adult bedrooms or other private areas.
  • Inform an administrator or supervisor if you have students staying overnight in your household (sleepovers.)

Delegation of Responsibility

Duty to Report

The Principal or designee shall report to the Pennsylvania Department of Education on the required form, within fifteen (15) days of receipt of notice from an educator or discovery of the incident, any educator:

  • Who has been provided with notice of intent to dismiss or remove for cause, notice of nonrenewal for cause, notice of removal from eligibility lists for cause, or notice of intent not to reemploy for cause.
  • Who has been arrested or indicted for, or convicted of any crime that is graded a misdemeanor or felony.
  • Against whom there are any allegations of sexual misconduct or sexual abuse or exploitation involving a child or student.
  • Where there is reasonable cause to suspect that s/he has caused physical injury to a child or student as the result of negligence or malice.
  • Who has resigned or retired or otherwise separated from employment after a school entity has received information of alleged misconduct under the Educator Discipline Act.
  • Who is the subject of a report filed by the school entity under 23 Pa. C.S. Ch. 63 (relating to child protective services).[6]
  • Who the school entity knows to have been named as a perpetrator of an indicated or founded report under 23 Pa. C.S. Ch. 63.

An educator who knows of any action, inaction or conduct which constitutes sexual abuse or exploitation or sexual misconduct under the Educator Discipline Act shall report such misconduct to the Pennsylvania Department of Education on the required form and shall report such misconduct to the Principal and his/her immediate supervisor, within fifteen (15) days of discovery of such misconduct.

All reports submitted to the Pennsylvania Department of Education shall include an inventory of all information, including documentary and physical evidence in possession or control of the school relating to the misconduct resulting in the report.

An educator who is arrested or convicted of a crime shall report the arrest or conviction to the Principal or designee, within seventy-two (72) hours of the occurrence, in the manner prescribed in Board policy.

Failure to comply with the reporting requirements may result in professional disciplinary action.

Guidelines

Investigation

School officials shall cooperate with the Pennsylvania Department of Education during its review, investigation, or prosecution, and shall promptly provide the Pennsylvania Department of Education with any relevant information and documentary and physical evidence upon request.

Upon receipt of notification in writing from the Pennsylvania Department of Education, the Principal or designee shall investigate the allegations of misconduct as directed by the Department and may pursue its own disciplinary procedure as established by law or by collective bargaining agreement.

Within ninety (90) days of receipt of notification from the Pennsylvania Department of Education directing the school to conduct an investigation (extensions may be requested), the Principal or designee shall report to the Department the outcome of its investigation and whether it will pursue local employment action. The Principal or designee may make a recommendation to the Department concerning discipline. If the school makes a recommendation concerning discipline, it shall notify the educator of such recommendation.

Title IX Sexual Harassment and Other Discrimination

Whenever the allegations underlying a report of educator misconduct include conduct that appears to constitute harassment or other discrimination, including Title IX sexual harassment, subject to policies and procedures specific to such conduct, the Title IX Coordinator shall be promptly notified and shall respond to such allegations as provided in the applicable Board policies.

Whenever an investigation by the district of educator misconduct reveals indications of conduct by any person that appears to constitute harassment or other discrimination, including Title IX sexual harassment, the Title IX Coordinator shall be promptly notified and shall respond to such allegations as provided in policies specific to such discrimination. To the extent feasible, investigations pursuant to discrimination policies shall be conducted jointly with investigations by the school of educator misconduct.  

Confidentiality Agreements

The school shall not enter into confidentiality agreements or other agreements that interfere with the mandatory reporting requirement.

Confidentiality

Except as otherwise provided in the Educator Discipline Act, all information related to any complaint, any complainant, or any proceeding related to discipline under the Educator Discipline Act shall remain confidential unless or until public discipline is imposed.  

Immunity

Any person who, in good faith, files a complaint or report, or who provides information or cooperates with the Pennsylvania Department of Education or Professional Standards and Practices Commission in an investigation or proceeding shall be immune from civil liability.  The school also is immune from civil liability for the disclosure of information about the professional conduct of a former or current employee to a prospective employer of that employee.