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Annual leave/holiday time. As a result of complaints from the family and PETA, the school district investigated and found that the teacher violated its code of ethics, "acted insensitively and inappropriately," and exercised "poor professional judgment." The teacher was removed from the school, a disciplinary letter of warning has been placed in her district and . The ALJ found that Gomez's conduct did not involve: a student or minor; school activities or property; controlled substances; professional advancement; or other educators, nor did it result in a criminal conviction or adjudication of guilt under criminal law. She also concluded that the Board failed to show that Respondent's conduct violated a state regulation or written local school board policy and that neither the Board nor SOAH had jurisdiction to decide whether Gomez's conduct violated the only pertinent state or federal law, penal code section 42.01(10). The Board responded that Sergeant Cavazos was an eyewitness and that his testimony about the incident was not prohibited, only the use of any arrest records. Limiting the Board's authority in this manner would render superfluous the provision mandating that the Board propose rules for revoking an educator certificate.7 See Tex. See Dodd v. Meno, 870 S.W.2d 4, 7 (Tex.1994); see also Poole v. Karnack Indep. Gomez has not presented an issue challenging whether substantial evidence supports the Board's decision to revoke his certificate. Finding of fact number 6 states that [w]hen he approached the dance floor, Sgt. The broader the extent of trus. Sergeant Cavazos identified the male as Gomez because Gomez provided his Texas driver's license to Sergeant Cavazos. The Board's rules regarding investigations provide further support for the Board's interpreting unworthy to instruct as encompassing acts of moral turpitude even without an accompanying criminal conviction. Title 2, subtitle D, chapter 21 of the education code regulates educators in the public education system. See Tex. Holding oneself responsible for ethical conduct; 2. Ketia Daniel, founder of BHM Cleaning Co., is BestReviews cleaning expert. Sheriff's Civil Serv. Thus, there was satisfactory evidence for the Board to conclude that Gomez is unworthy to instruct the youth of Texas under its interpretation of that term.9 See id . The Educators' Code of Ethics is set forth in Texas Administrative Codetoproviderules for standard practices and ethical conduct toward students, professional colleagues, school officials, parents, and members of the community. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Code 249.3(19), (25), (45), .15. Trust allows villages to exist, and hence towns, and cities, and regional authorities and nations. The State Board for Educator Certification (SBEC) may take the following disciplinary actions against an educators certification: Disciplinary action reports will only include SBEC actions which are final, as defined in Texas Government Code, 2001.144-146. Copyright 2007-2022 Texas Education Agency (TEA). Violation Found. Whereas a company's rules related to attendance and punctuality is a set thing that is simple to understand. Code 249.39 (2011) (State Bd. Employee accepted two complimentary Atlanta Falcons tickets. A. Co., 13 S.W.3d 841, 844 (Tex.App.-Austin 2000, no pet.). 586, 588 (Tex.Civ.App.-Texarkana 1925, writ ref'd) (holding legislature's intent in providing authority to revoke certificate of educator found unworthy to instruct was to exclude educators found morally unfit). The APA requires us to reverse or remand an agency's decision that prejudices the appellant's substantial rights because the administrative findings, inferences, conclusions, or decisions (1) violate a constitutional or statutory provision, (2) exceed the agency's statutory authority, (3) were made through unlawful procedure, (4) are affected by other error of law, (5) are not reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole, or (6) are arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. But this deference to the Board's interpretation is not conclusive or unlimitedwe defer only to the extent that the Board's interpretation is reasonable. 62.001.408 (West 2006 & Supp.2010) (establishing sex offender registration program). Copyright 2023 Nexstar Media Inc. All rights reserved. We consider statutes and rules as a whole rather than their isolated provisions. Gratuity; Solicitation. Gomez testified that he did not expose himself, but admitted that he was at Graham Central Station on August 7, 2003, and was escorted out of the nightclub by a security person. Standard 2.4: The educator shall not interfere with a colleague's exercise of political, professional, or citizenship rights and responsibilities. 9. Id. ICMA encourages individuals seeking confidential advice on issues of ethics or who wish to file an official complaint to contact Martha Perego, director of Member Services and Ethics, at mperego@icma.org or 202-962-3668 or Jessica Cowles, ethics advisor, at jcowles@icma.org or . Ann. Any assertion that teachers are violating Standard 3.2 of the Educator Code of Ethics by doing their jobs and following the prescribed health and safety guidelines is unequivocally false and. In Bustamante, the court held that the appellant's termination was proper because the agency relied on eyewitness testimony about witnesses' personal observations of the appellant's conduct, not on expunged records or files. But many are members of the National Association of Realtors (NAR), which has an ethics code. 21.031.060. PREAMBLE Id. The Code of Ethics for real estate has existed in some form for over 100 years. Reg. The court noted that while differences of opinion might exist about what qualities of character render someone unworthy to instruct, there can be no disagreement that an unworthy person should not be allowed to teach. 24 Tex. The Republican Party of Texas is expected to vote on whether to censure U.S. Rep. Tony . Id. at 588). Code 249.15 (2011) (State Bd. We must uphold the ALJ's evidentiary ruling if there is any legitimate basis in the record to support it. 21.001.707 (West 2006 & Supp.2010). TGSNOPEC, 340 S.W.3d at 43839. Does SBEC only investigate and discipline teachers? Professional liability insurance Our $250,000 Teacher Defense Fund helps cover costs for outside counsel. Gov't Code Ann. An agency acts arbitrarily if it makes a decision without regard for the facts, if it relies on fact findings that are not supported by any evidence, or if there does not appear to be a rational connection between the facts and the decision. Admin. 2. A Texas elementary school teacher has resigned after posting photos and personal information of her students online, the Austin American Statesman reports. An individual's code of ethics can include their beliefs, values and background. Gomez raised the issue of whether the Board erred by finding a basis to impose discipline against him, but the Board contends this is a different issue (although we note that the Board necessarily rejected the ALJ's recommendation by finding a basis to impose discipline). Reg. A review of the education code's relevant parts and the history of the rule's definition of unworthy to instruct shows that the Board's interpretation is reasonable. Id. Gov't Code Ann. Texas Government Code. Gomez argues that the expunction statute precludes a person who acquires knowledge of an arrest while a state employee and who knows of an order expunging the records and files relating to that arrest from disseminating or using the records or files. Tex. v. Starr Indus. 5.18 Level 2 Public Notification of Ethics Violation is a public notification that a nonlicensed educator has violated the Code of Ethics in a manner equivalent to a violation that warrants the probation of a license. City of Amarillo v. Railroad Comm'n of Tex., 894 S.W.2d 491, 495 (Tex.App.-Austin 1995, writ denied). Some code of ethics examples in education include: Consideration - Teachers should put the needs of their students first. See Tex.Code Crim. 2009, no pet.) When there is vagueness, ambiguity, or room for policy determinations in a statute or regulation, we generally defer to the agency's interpretation unless it is plainly erroneous or inconsistent with the language of the statute, regulation, or rule. TGSNOPEC Geophysical Co. v. Combs, 340 S.W.3d 432, 438 (Tex.2011). oday, teachers hear a lot about the Code of Ethics. In October 2006, the Board filed a petition against Gomez with the State Office of Administrative Hearings (SOAH), alleging that Gomez's conduct at the nightclub indicated that he is a person unworthy to instruct or supervise the youth of the State of Texas and seeking the permanent revocation of his educator certificate. Educator's Code of Ethics The Texas Administrative Code Title 19, Part 7, Chapter 247, Rule 247.2 defines the Code of Ethics and Standard Practices for all educators in the state of Texas: (a) Statement of Purpose. We review the district court's decision about a remand request for an abuse of discretion. See Bustamante, 27 S .W.3d at 5354. Project 700.1 SCENARIO 1: 1. Cavazos saw [Gomez] rubbing on his exposed penis with his hand. Finding of fact number 7 states that [o]n August 3, 2003, [Gomez] exposed his penis in public with reckless disregard as to whether others could see it and for purposes of sexual gratification.. Gomez asserts that the district court erred by affirming the Board's final order for three reasons. Sch. Finally, the Board specifically noted the court's holding in Marrs that the Legislature's controlling purpose in authorizing a teacher's certificate to be sanctioned for unworthiness' was to exclude teachers who were found to be morally or mentally unfit. 24 Tex. We reach the same conclusion here about the Board's revocation of Gomez's certificate. Gov't Code Ann. See Texas Dep't of Pub. The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district, educational institution . 5. We overrule Gomez's first issue.10. A formal complaint to TEA must allege non-compliance with either federal or state laws or rules that are under the jurisdiction of TEA. These data were coded using ethical behavior . When considering whether to allow Sergeant Cavazos's testimony about Gomez's conduct in this case, the ALJ relied on the holding of the Fourth Court of Appeals in a similar case in which an appellant argued that expunction precluded the agency's findings about conduct that served as the basis for her employment termination. I will keep confidential information that is privileged by law or that will needlessly harm the District if disclosed. A written statement from Harben, Hartley & Hawkins, LLC the law firm representing the school identifies the post and conversation in question. Examples of the internal practices a code of conduct could contain include: Dress code. for Educator Certification, Definitions).4 The ALJ concluded, however, that the Board did not have a basis to impose discipline against Gomez's educator certificate, because she interpreted the Board's definition of unworthy to instruct or to supervise the youth of this state as including only conduct that violated chapter 21, subchapter B of the education code, which governs the certification of educators in the public education system. Gomez has never identified any specific evidence relied upon by the Board that he asserts came solely from the expunged records (as opposed to being contained in the Board's own investigation records).12 We have upheld the ALJ's finding that Sergeant Cavazos did not rely on expunged records to refresh his memory. The ALJ's admission of Sergeant Cavazos's testimony is a matter fully documented within the agency record; thus, the district court properly did not consider evidence outside the record when reviewing the Board's decision. The ALJ, as factfinder, determines the credibility of witnesses and the weight of their testimony. Glossary of Terms for the Virtual Certificate (PDF, 48.3KB). 3944 (2009), amended 35 Tex. 9112 (2007) (to be codified at 19 Tex. The ALJ allowed Sergeant Cavazos to testify on the record, but did not admit his testimony into the record until after the hearing's conclusion. We review rulings on the admission or exclusion of evidence at the administrative level under the abuse-of-discretion standard applied to trial courts. 5. Section 21.060 provides the Board with authority to revoke the certificate of a person who has been convicted of certain felony or misdemeanor offenses relating to the duties and responsibilities of the education profession, including but not limited to the list provided in the statute. Reg. All Rights Reserved. Admin. arts. This material may not be published, broadcast, rewritten, or redistributed. 3. for Educator Certification, Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition). 21.058(a) (West 2006); see also Tex. Collins, Charlotte. Running afoul of your department's ethical code can have as much potential impact upon an officer's career as a violation of a departmental regulation. At the contested-case hearing, Gomez sought a ruling on his motion to exclude Sergeant Cavazos's testimony, urging that the testimony would be derived from the expunged arrest record. TEA has authority to investigate violations of IDEA by TEA as well as customer service complaints. The purpose of a Level 2 Public Notification is to publicly admonish the nonlicensed educa tor and place Kandice Mason, a 6th grade teacher in Hoke County public schools who moonlights as a pole-dancing fitness instructor, was suspended on Aug. 16 due to violations of the county's social media. 311.021(2) (West 2005) (presumption is that entire statute is intended to be effective). The Board opposed the motion to exclude evidence, asserting that Sergeant Cavazos's testimony would be based on his memory as an eyewitness to the incident. What information must be included in the letter? 21.001-.707. Additionally, the Board may investigate and take disciplinary action against applicants for certification, examinees taking certification exams, anyone in an educator preparation program and persons erroneously issued a certificate. All actions and responses are a function of a personal code of ethics, which is the foundation for differences in teachers' styles of dealing with students and school-related situations. 2308 (1999); see also Tex. In his second issue, Gomez challenges the admission of Sergeant Cavazos's testimony at the December 2007 contested-case hearing because he contends that its admission violated the June 2007 order expunging records concerning his August 2003 arrest. In Marrs, the court considered whether the term unworthy to instruct was too vague to define a disqualification to hold a teacher's certificate and determined that it was not. This may offer you the best option to resolve your concerns. 2009, no pet.) To the extent his argument that the Board had no basis for imposing discipline against him could be construed as a substantial-evidence argument (in the narrower sense of the term), we presume that the Board's order is supported by substantial evidence, and Gomez bears the burden of proving otherwise. Attorneys for TCHS say Huerta violated ethical standards by creating the perception that Tattnall County High School supports the theory that teacher inadequacy can result in parental requests for a teacher of their liking., Huertas attorney argues, we do not know of any language in any handbook that reflects this exact reason. Admin. I will refuse to surrender judgment to any individual or group at the expense of the District as a whole. Comm'n, 27 S.W.3d 50, 53 (Tex.App.-San Antonio 2000, no pet.). Focusing on eight U.S. states, ten As several of our sister courts have observed, the legislature's intent in enacting the expunction statute was not to eradicate all evidence of the conduct underlying the expunged arrest . Ex parte S.C., 305 S.W.3d 258, 266 (Tex.App.-Houston [14th Dist.] Admin. Gomez asserts that if the Board had complied with the expunction order, it would not have had Sergeant Cavazos's name. It further explained that because the former code did not define the term, the Board chose its meaning based on the term's application in prior disciplinary decisions by the commissioner of education. Huertas attorney, on the other hand, said the following about his opportunity to remedy the situation: Coach Huerta has not failed to use any dispute resolution procedures under the Tattnall County BOE Policy. 12. Following its own interpretation of the statute and its rules, the Board determined that the ALJ's conclusions that Gomez's conduct was an act of moral turpitude sufficient to preclude a finding of good moral character (as those terms are defined by the Board's rules) provided a sufficient basis to conclude that Gomez was unworthy to instruct. See 19 Tex. That standard provided that an educator should demonstrate conduct that follows generally recognized professional standards. The Texas Education Agency has jurisdiction to investigate violations of school law concerning Texas public school entities (such as school districts and charter schools), certified educator certificate holders, and educator preparation programs. 7836. otherwise known as the Philippines Professionalization Act of 1994 and Paragraph (a), section 6. Teacher Suspended Following Backlash From Student's 'My Bad Teacher' Speech. 13. But the Board had begun conducting its own investigation well before the expunction order was issued in 2007. Therefore, the question before us is not whether the ALJ's interpretation of the definition and the statute is reasonable; it is whether the Board's interpretation is reasonable and does not contradict the plain language of either the rule or the statute. 21.001.707. If the teacher removed the student from class because the student has engaged in the elements of any offense listed in Section 37.006(a)(2)(B) or Section 37.007(a)(2)(A) or (b)(2)(C) against the teacher, the student may not be returned to the teacher's class without the teacher's consent. 21.058(b). He argued during the proceeding before the Board that the Board would not have had Sergeant Cavazos's name and other details about the incident if it had returned or destroyed all arrest records, so it is unclear why he waited until 2009 to seek an order from the Hidalgo County District Court that the Board violated the expunction order.