Sponsor: Office of Academic Affairs
Contact: Office of the Provost
Category: Academic Undergraduate Student Policy; Academic Graduate Student Policy
Number: 800.011
Effective Date: 9/2/2025
Implementation History: The original policy was approved 12/06/2013. It was subsequently revised on 11/06 2018. The effective date the revised policy is 01/01/2021. It was subsequently revised on 5/23/2025 and is expected to become effective 07/01/2025.
Review Date: Annually
Key Words: Teacher, College of Education, Professional, Expectations, Dismissal, Ethics, New York State
Background Information:

The teacher education programs have had a policy in place since enrolling its first cohort in 2004 since teachers need to adhere to a professional code of conduct in their K-12 school setting. The program policy became an official college policy in 2013 and was revised in 2018.  After the MAT & MEd in Special Education programs were launched in 2017, this policy was applied to those programs in addition to the MAT program.  This policy is being revised to add undergraduate programs and other clinical programs in 2025.

 

Purpose

The main factor for having this policy is ethics. New York State teachers and behavior analysts in New York State and other states must be ethical and professional with regards to their encounters with placement personnel, program faculty and staff, and most importantly, students or clients. This policy will allow Empire State University us to review any candidate who demonstrates a lack of professional conduct and dismiss them from their academic program.

Definitions

  • Disposition refers to professional conduct and judgment.
  • Placement refers to site-based educational experiences and may include but is not limited to clinical experiences, student teaching, practica, residency, supervised experience, supervised internship, supervised fieldwork, and/or concentrated supervised fieldwork. For example, for teacher candidates, placement refers to “clinical experience” as defined by part 52.21 of the teacher education curriculum regulations. For behavior analysts, placement refers to “supervised internship” as defined by NYSED Education Law (79-17.1), “supervised experience” as defined by NYSED Education Law (79-17.2), and/or “supervised fieldwork” and “concentrated supervised fieldwork” as outlined by the Behavior Analyst Certification Board.
  • Candidate refers to individuals participating in placements as a part of their educational program.
  • Students and clients refer to individuals served by candidates within their placements.

Policy Statements

Empire State University expects College of Education (COE) candidates to become educators or behavior analysts who demonstrate behaviors and attitudes that are consistent with the ideal of fairness and the belief that all students/clients can learn. Empire State University expects candidates in placements to demonstrate a set of values and attitudes consistent with the highest professional standards and to comply with relevant local, state and federal law. Candidates who fail to meet professional expectations are subject to warning or dismissal from the program and those teacher education candidates who are dismissed cannot be recommended for teacher certification. Further, the COE programs prepare candidates to function as professionals who serve students or clients who may be minors or individuals who may be at risk of harm; Candidates may come into direct contact with these students and clients as part of their placements. Empire State University has an obligation to protect those students and clients and cannot tolerate candidate behavior that exploits, endangers, compromises or threatens the welfare, safety or rights of those students or clients.

In deciding whether to admit, readmit, retain, or graduate a candidate from a program, or to recommend an individual for state certification, the COE programs consider not only the university's admission and academic requirements but also the individual’s competencies related to serving in the profession, including, but not limited to, the individual’s conduct, professional attitudes, values and attributes as related to their impact on the candidate’s ability to serve effectively and ethically in the profession, and advancement in the COE program. The COE faculty and staff, with consultation from placement personnel, will conduct periodic reviews of candidates at key checkpoints which may lead to academic consequences.

Professional Expectations and Criteria

In deciding whether to admit, readmit, or retain undergraduate or graduate candidates from a program, or to recommend teacher education candidates for certification, COE programs consider:

  1. The candidate’s educational, work, and other life experiences related to the profession.
  2. The candidate’s ability to communicate and work effectively with students, families, colleagues, peers, university faculty and staff, placement personnel, communities, including individuals from different backgrounds, individuals with exceptional support needs, individuals from different religious, cultural, racial or ethnic populations, and individuals of different genders and sexual orientations.
  3. The candidate’s fitness for the profession, including but not limited to any formal charge of professional misconduct or any felony conviction(s).
  4. The candidate’s behavior related to professional and ethical standards.
  5. The candidate’s general and specific knowledge, skills, and dispositions or expectations needed to successfully complete the particular program and to function effectively in the profession. For teacher education programs, dispositions for teaching are defined as those professional attitudes, values and attributes expected of an education professional by this policy and by New York State law and regulations. The instrument used is a valid, reliable and objective tool for assessment in this process and will be included in the program handbook. There is a set process to review the results of this instrument. Program-specific student expectations will be outlined in the program handbook.
  6. The legal requirements and professional expectations as set out in the applicable laws and regulations governing state certification or licensure.
  7. The standards and rules adopted or recognized by a program and applicable professional organizations.
  8. Whether the individual has met all other program requirements for retention, graduation, or recommendation for state certification of candidates as set forth in the Empire State University Graduate and the program's written policies and procedures.  

Warning or Dismissal from an Academic Program

The dean of the College of Education may issue a warning or dismiss a candidate from the program for failure to meet, satisfy, or demonstrate satisfactory performance with respect to one or more of the program's professional criteria (see Professional Expectations and Criteria section). Note: All academic warnings or dismissals will follow Empire State University procedures as outlined in the catalog and program handbooks.

The grounds for a warning or dismissal from a program include failure to meet one or more of the following:

  1. A placement site decides not to retain the candidate, dismisses the candidate from the placement, disciplines the candidate for misconduct, or determines that the candidate has behaved inappropriately with respect to any of the professional criteria.
  2. Determination that the candidate does not meet the professional criteria.

Decision Not To Recommend For Teacher Certification

This applies to candidates in teacher education programs. The grounds for a decision not to recommend a candidate for certification include:

  1. The program does not recommend any candidate for certification who has been dismissed from the program. 
  2. The program does not recommend any candidate for certification who fails to meet NYS Education Department requirements. 
  3. The chair and/or Clinical Services and Licensure Team may determine not to recommend a candidate for certification who fails to meet, satisfy, or demonstrate satisfactory performance with respect to one or more of the program’s academic and/or professional  criteria.
  4. The chair and/or Clinical Services and Licensure Team may determine not to recommend a candidate for certification if a school or school district disciplines the candidate for misconduct, dismisses the candidate from field experience, or determines that a candidate has behaved inappropriately with respect to any of the professional  criteria.

Readmission Consideration

Candidates who reapply to the program or a different program in the university must do so in accordance with the procedures for readmission. In reviewing an application for readmission to the COE programs, all previous work in a program including the individual's competencies related to serving in the profession and professional expectations and criteria defined in the policy are considered. 

 

Incident Reporting

  1. Candidates charged with violations of criminal law must report such charges immediately as outlined in the College of Education Professional Expectations
  2. A candidate who is served with a summons, complaint or other legal process involving an incident which occurred during the course of their teaching or field experience while participating in a College of Education program must immediately report the incident as outlined in the College of Education Professional Expectations
  3. Teacher education candidates in placements are covered by New York State Education Law §3023, which requires that each school district “save harmless and protect all teachers, practice or cadet teachers… from financial loss arising out of any claim, demand, suit or judgment by reason of alleged negligence or other act resulting in accidental bodily injury to any person, or accidental damage to the property of any person within or without the school building, provided such teacher, practice or cadet teacher… at the time of the accident or injury was acting in the discharge of his duties within the scope of his employment or authorized volunteer duties and/or under the direction of said board of education….” A candidate who is involved in any such accident must report the incident as outlined in the College of Education Professional Expectations Procedures.

Applicable Legislation and Regulations

New York State Code of Ethics for Educators (pdf) 

New York State Education Law 3023 

Part 83 of the NYS Commissioner's Regulations, Determination of Good Moral Character 

Part 52 of the NYS Commissioner's Regulations, Registration of Curricula in Teacher Education 

NYSED Education Law (79-17.1 and 79-17.2)

Article 167, Licensed Behavior Analysts (NYS)Professional Standards of Care in ABA Practice (NYS)

Part 29, Unprofessional Conduct (General Provisions and Special Provisions for the Applied Behavior Analysis professions, NYS)

Board Certified Behavior Analyst Handbook

Ethics Code for Behavior Analysts

Related References, Policies, Procedures, Forms and Appendices

College of Education Professional Expectations Procedures