A Duty to Report
Reporting of Professional Misconduct
All employees have a duty to report misconduct by instructional personnel and administration which may affect the health, welfare or safety of a student.
Misconduct should be reported to the administration of the school or to the Superintendent of Catholic Schools at the Diocese of St. Augustine. All allegations should be documented. Gather evidence if possible.
Specific reporting procedures and information is posted in the teacher’s workroom along with the Code of Ethics and Principles of Professional Conduct of the Education Profession in Florida.
All employees must be trained on the standards of professional conduct. All employees are aware that:
768.095 Employer immunity from liability; disclosure of information regarding former or current employees An employer who discloses information about a former or current employee to a prospective employer of the former or current employee upon request of the prospective employer or of the former or current employee is immune from civil liability for such disclosure or its consequences unless it is shown by clear and convincing evidence that the information disclosed by the former or current employer was knowingly false or violated any civil right of the former or current employee protected under chapter 760.
39.203 Immunity from liability in cases of child abuse, abandonment, or neglect.
(1)(a) Any person, official, or institution participating in good faith in any act authorized or required by this chapter, or reporting in good faith any instance of child abuse, abandonment, or neglect to the department or any law enforcement agency, shall be immune from any civil or criminal liability which might otherwise result by reason of such action.
(b) Except as provided in this chapter, nothing contained in this section shall be deemed to grant immunity, civil or criminal, to any person suspected of having abused, abandoned, or neglected a child, or committed any illegal act upon or against a child. (2)(a) No resident or employee of a facility serving children may be subjected to reprisal or discharge because of his or her actions in reporting abuse, abandonment, or neglect pursuant to the requirements of this section.
(b) Any person making a report under this section shall have a civil cause of action for appropriate compensatory and punitive damages against any person who causes detrimental changes in the employment status of such reporting party by reason of his or her making such report. Any detrimental change made in the residency or employment status of such person, including, but not limited to, discharge, termination, demotion, transfer, or reduction in pay or benefits or work privileges, or negative evaluations within a prescribed period of time shall establish a rebuttable presumption that such action was retaliatory.