24:08:03:01.  Obligations to students. In fulfilling their obligations to the students, educators shall act as follows:

          (1)  Not, without just cause, restrain students from independent action in their pursuit of learning;

          (2)  Not, without just cause, deny to the students access to varying points of view in the classroom;

          (3)  Present subject matter for which they bear responsibility without deliberate suppression or distortion;

          (4)  Make a reasonable effort to maintain discipline and order in the classroom and the school system to protect the students from conditions harmful to learning, physical and emotional well-being, health, and safety;

          (5)  Conduct professional business in such a way that they do not expose the students to unnecessary intimidation, embarrassment, or disparagement;

          (6)  Accord just and equitable treatment to every student, regardless of race, color, creed, sex, sexual preference, age, marital status, handicapping condition, national origin, or ethnic background;

          (7)  Maintain professional relationships with students without exploitation of a student for personal gain or advantage;

          (8)  Keep in confidence information that has been obtained in the course of professional service, unless disclosure serves professional purposes or is required by law;

          (9)  Maintain professional relationships with students in a manner which is free of vindictiveness, recrimination, and harassment;

          (10)  Not engage in or be a party to any sexual activity with students including sexual intercourse, sexual contact, sexual photography, or illicit sexual communication.

          Source: 2 SDR 40, effective December 9, 1975; 8 SDR 35, effective October 7, 1981; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 13 SDR 3, effective July 22, 1986; 20 SDR 92, effective December 21, 1993; 27 SDR 141, effective July 3, 2001; 37 SDR 18, effective August 18, 2010.

          General Authority: SDCL 13-43-25.

          Law Implemented: SDCL 13-43-25.

          24:08:03:02.  Obligations to the public. In fulfilling their obligations to the public, educators shall act as follows:

          (1)  Take precautions to distinguish between their personal views and those of the local school district or governing body;

          (2)  Not knowingly distort or misrepresent the facts concerning educational matters in direct and indirect public expressions;

          (3)  Not interfere with a colleague's exercise of political and citizenship rights and responsibilities;

          (4)  Not exploit the local school district or governing body for public or personal gain;

          (5)  Not exploit the local school district or governing body to promote political candidates or partisan political activities;

          (6)  Neither accept nor offer any gratuities, gifts, services, or things of value that impair professional judgment, offer special advantage, or provide personal benefit;

          (7)  Engage in no act that results in a conviction;

          (8)  Exemplify high moral standards by not engaging in or becoming a party to such activities as fraud, embezzlement, theft, deceit, moral turpitude, gross immorality, sexual contact with students, illegal drugs, or use of misleading or false statements; and

          (9)  Not misuse or abuse school equipment or property.

          Source: 2 SDR 40, effective December 9, 1975; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 13 SDR 3, effective July 22, 1986; 20 SDR 92, effective December 21, 1993; 27 SDR 141, effective July 3, 2001; 37 SDR 18, effective August 18, 2010.

          General Authority: SDCL 13-43-25.

          Law Implemented: SDCL 13-43-25.

          Cross-Reference: "Moral Turpitude" defined, SDCL 22-1-2; Grounds for revocation or suspension of certificates, SDCL 13-42-9.