24 P.S. § 2070.9c.  Imposition of discipline on additional grounds

(a) The commission shall direct the department to impose discipline against any educator for conduct found by the commission to constitute:

(1) Immorality.
(2) Incompetency.
(3) Intemperance.
(4) Cruelty.
(5) Negligence.
(6) Sexual misconduct.
(7) Sexual abuse or exploitation.
(8) A violation of the code for professional practice and conduct adopted pursuant to section 5(a)(10).
(9) Illegal use of professional title as set forth in the act of May 29, 1931 (P.L. 210, No. 126), entitled “An act to regulate the certification and the registration of persons qualified to teach in accredited elementary and secondary schools in this State; imposing certain duties upon the Department of Public Instruction and the State Board of Education; defining violations; providing penalties, and for appeal to the court of common pleas of Dauphin County.”
(10) Failure to comply with duties under this act, including the mandatory reporting duties set forth in section 9.1.
(11) Actions taken by an educator to threaten, coerce or discriminate or otherwise retaliate against an individual who in good faith reports actual or suspected misconduct under this act or against complainants, victims, witnesses or other individuals participating or cooperating in proceedings under this act.
(b) The commission shall establish definitions consistent with this section.

“Immorality” is defined as conduct which offends the morals of the Commonwealth and is a bad example to the youth whose ideals a professional educator or charter school staff member has a duty to foster and elevate.  22 Pa. Code § 237.3.

“Incompetency” is a continuing or persistent mental or intellectual inability or incapacity to perform the services expected of a professional educator or a charter school staff member. 22 Pa. Code § 237.4.

“Intemperance” is a loss of self-control or self-restraint, which may result from excessive conduct. 22 Pa. Code § 237.5.

“Cruelty” is the intentional, malicious and unnecessary infliction of physical or psychological pain upon living creatures, particularly human beings. 22 Pa. Code § 237.7.

“Negligence” is continuing or persistent actions or omissions in violation of a duty. A duty may be established by law, by duly promulgated school rules or procedures, by express direction from superiors or by duties of professional responsibility, including duties prescribed by Chapter 235 (relating to Code of Professional Practice and Conduct for Educators).  22 Pa. Code § 237.8.

"Sexual abuse or exploitation" is 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:

  1. 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.
  2. 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.
  3. Actual or simulated sexual activity or nudity for the purpose of sexual stimulation or gratification of any individual.
  4. Actual or simulated sexual activity for the purpose of producing visual depiction, including photographing, videotaping, computer depicting or filming.

This paragraph does not include consensual activities between a child who is 14 years of age or older and another person who is 14 years of age or older and whose age is within four years of the child's age.

(2) Any of the following offenses committed against a child:

    (i) Rape as defined in 18 Pa.C.S. § 3121 (relating to rape).
    (ii) Statutory sexual assault as defined in 18 Pa.C.S. § 3122.1 (relating to statutory sexual assault).
    (iii) Involuntary deviate sexual intercourse as defined in 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse).
    (iv) Sexual assault as defined in 18 Pa.C.S. § 3124.1 (relating to sexual assault).
    (v) Institutional sexual assault as defined in 18 Pa.C.S. § 3124.2 (relating to institutional sexual assault).
    (vi) Aggravated indecent assault as defined in 18 Pa.C.S. § 3125 (relating to aggravated indecent assault).
    (vii) Indecent assault as defined in 18 Pa.C.S. § 3126 (relating to indecent assault).
    (viii) Indecent exposure as defined in 18 Pa.C.S. § 3127 (relating to indecent exposure).
    (ix) Incest as defined in 18 Pa.C.S. § 4302 (relating to incest).
    (x) Prostitution as defined in 18 Pa.C.S. § 5902 (relating to prostitution and related offenses).
    (xi) Sexual abuse as defined in 18 Pa.C.S. § 6312 (relating to sexual abuse of children).
    (xii) Unlawful contact with a minor as defined in 18 Pa.C.S. § 6318 (relating to unlawful contact with minor).
    (xiii) Sexual exploitation as defined in 18 Pa.C.S. § 6320 (relating to sexual exploitation of children). 

24 P.S. § 2070.1b; 23 Pa.C.S. § 6303.  

"Sexual misconduct" shall mean any act, including, but not limited to, any verbal, nonverbal, written or electronic communication or physical activity, directed toward or with a child or a student regardless of the age of the child or student that is designed to establish a romantic or sexual relationship with the child or student. Such prohibited acts include, but are not limited to, the following:

(1)  sexual or romantic invitations;
(2)  dating or soliciting dates;
(3)  engaging in sexualized or romantic dialogue;
(4)  making sexually suggestive comments;
(5)  self-disclosure or physical exposure of a sexual, romantic or erotic nature; or
(6)  any sexual, indecent, romantic or erotic contact with the child or student

24 P.S. § 2070.1b.