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Employee Misconduct

MANDATORY REPORTING OF EMPLOYEE MISCONDUCT

The Director recognizes their responsibilities to effectively address employee misconduct and, where appropriate, to provide a measured disciplinary response consistent with due process. In addition, with respect to professional staff members, matters of misconduct, including conviction of certain crimes enumerated by law and/or conduct which is unbecoming to the teaching profession, will be reported by the Director to the Florida Department of Education.

Reporting Professional Misconduct

All Blossom Staff and Consultants are required to report to the Director alleged misconduct by Blossom employees which affects the health, safety, or welfare of a student. If the alleged misconduct to be reported is regarding the Director, the Blossom employee shall report the alleged misconduct to the Advisory Board and/or Associate Director who shall cause any legally sufficient complaint to be independently investigated and report the results thereof to the Board of Trustees. Failure to report such alleged misconduct shall result in appropriate disciplinary action.

The Director shall investigate any allegation of misconduct by Blossom employees which affects the health, safety, or welfare of a student, and shall report the alleged misconduct to the Department of Education as required in F.S. 1012.796, 1001.51(12)(b), 1001.42(7)(b).

Staff alleged to have committed such misconduct shall at the discretion of the Director, be placed on administrative leave with pay, or reassigned to a position that does not require direct contact with students, pending the outcome of a misconduct investigation.

Filing a Complaint with the Department of Education

The Director shall file with the Department of Education in writing all legally sufficient complaints within thirty (30) days after the date on which the subject matter of the complaint comes to the attention of the District. A complaint is legally sufficient if it contains ultimate facts that show a violation has occurred as provided in F.S. 1012.795 and defined by rule of the State Board of Education. The Director shall include all known information relating to the complaint with the filing of the complaint.

Report of Resignation or Termination

If the Director determines that misconduct by an instructional staff member affects the health, safety, or welfare of a student and the misconduct warrants termination, the staff member may resign or be terminated and the Director shall report the misconduct to the Department of Education in the format prescribed by the Department.

Transmittal of False or Incorrect Report

The Director shall not knowingly sign and transmit to any State official a report that the Director knows to be false or incorrect.

Pursuant to F.S. 1001.42(7), a Board member shall not knowingly sign and transmit to any State official a report of alleged misconduct by instructional personnel or school administrators which affects the health, safety, or welfare of a student which the Board member knows to be false or incorrect.

Requirement of Disclosure of Employee Misconduct

The Board, Director, or any of its employees, shall not enter into a confidentiality agreement regarding terminated or dismissed instructional personnel or school administrators, or personnel or administrators who resign in lieu of termination, based in whole or in part on misconduct that affects the health, safety, or welfare of a student, and may not provide instructional personnel with employment references or discuss the personnel’s performance with prospective employers in another educational setting, without disclosing the personnel’s or administrators’ misconduct. (F.S. 1001.42(6)).

Reporting Procedures and Posting Requirements

The procedure for reporting misconduct shall be as follows:

1) The employee responsible for reporting the complaint of misconduct shall make the report to the Director.

2) The report shall be made promptly upon the employee becoming aware of the misconduct.

3) The employee shall furnish such information as may be requested by Director.

4) The Director shall determine the legal sufficiency of the complaint.

5) If the complaint of misconduct is legally sufficient, the Director will then prepare correspondence for transmitting the complaint and any required material to the Advisory board and/or Department of Education if necessary within the required thirty-day (30) period.

Employees who fail to report suspected or actual child abuse or neglect or alleged misconduct by other employees shall be subject to discipline up to and including termination of employment, pursuant to the school Advisory Board.

A copy of this policy shall be posted in a prominent place at each school site and on each school’s internet website. (F.S. 1006.061(2))

Statutory Authority: Chapter 2008-108, Laws of Florida

History: New 10/14/08