DHB(LEGAL) - EMPLOYEE STANDARDS OF CONDUCT: REPORTS TO STATE BOARD FOR EDUCATOR CERTIFICATION

Note: This policy applies to a district of innovation under Education Code, Chapter 12A. [See AF]

Permissive Reports

Required Reports

  1. An educator employed by or seeking employment with the district, or an applicant or holder of an SBEC certificate, has a criminal record and the district obtained information about the educator's criminal record by a means other than the criminal history clearinghouse established by the Texas Department of Public Safety under Government Code 411.0845;
  2. An educator's employment at the district was terminated and there is evidence that the educator engaged in misconduct listed below [see Reportable Misconduct, below];
  3. The educator submitted a notice of resignation and there is evidence that the educator engaged in misconduct listed below [see Reportable Misconduct, below]; or
  4. The educator engaged in conduct that violated the assessment instrument security procedures established under Education Code 39.0301.

Reportable Misconduct

  1. Sexually or physically abused a student or minor or engaged in any other illegal conduct with a student or minor;
  2. Possessed, transferred, sold, or distributed a controlled substance, as defined by Health and Safety Code Chapter 481 or by 21 U.S.C. 801 et seq.;
  3. Illegally transferred, appropriated, or expended school property or funds;
  4. Attempted by fraudulent or unauthorized means to obtain or alter any certificate or permit that would entitle the individual to be employed in a position requiring such certificate or permit or to receive additional compensation associated with a position;
  5. Committed a crime, any part of such crime having occurred on school property or at a school-sponsored event; or
  6. Solicited or engaged in sexual conduct or a romantic relationship with a student or minor.

Investigation

Deadline to Report

Contents of Report

  1. Name and any aliases;
  2. Certificate number, if any, or social security number;
  3. Last known mailing address and home and daytime phone numbers;
  4. All available contact information for any alleged victim or victims;
  5. Name or names and any available contact information of any relevant witnesses to the circumstances requiring the report;
  6. Current employment status of the subject, including any information about proposed termination, notice of resignation, or pending employment actions; and
  7. Involvement by a law enforcement or other agency, including the name of the agency.

Notice

To the Board and Educator

Before Accepting Resignation

Policy to Notify Parents

Sanctions for Failure to Report

Administrative Penalty

Criminal Offense

Immunity

Definitions

"Abuse"

  1. Mental or emotional injury to a student or minor that results in an observable and material impairment in the student's or minor's development, learning, or psychological functioning;
  2. Causing or permitting a student or minor to be in a situation in which the student or minor sustains a mental or emotional injury that results in an observable and material impairment in the student's or minor's development, learning, or psychological functioning;
  3. Physical injury that results in substantial harm to a student or minor, or the genuine threat of substantial harm from physical injury to the student or minor, including an injury that is at variance with the history or explanation given and excluding an accident or reasonable discipline; or
  4. Sexual conduct harmful to a student's or minor's mental, emotional, or physical welfare.

"Reported Criminal History"

"Solicitation of a Romantic Relationship"

  1. Behavior, gestures, expressions, or communications with a student that are unrelated to the educator's job duties and evidence a romantic intent or interest in the student, including statements of love, affection, or attraction. Factors that may be considered in determining the romantic intent of such communications or behavior include:
    1. The nature of the communications;
    2. The timing of the communications;
    3. The extent of the communications;
    4. Whether the communications were made openly or secretly;
    5. The extent that the educator attempts to conceal the communications;
    6. If the educator claims to be counseling a student, SBEC may consider whether the educator's job duties included counseling, whether the educator reported the subject of the counseling to the student's guardians or to the appropriate school personnel, or, in the case of alleged abuse or neglect, whether the educator reported the abuse or neglect to the appropriate authorities; and
    7. Any other evidence tending to show the context of the communications between educator and student.
  2. Making inappropriate comments about a student's body, creating or transmitting sexually suggestive photographs or images, or encouraging the student to transmit sexually suggestive photographs or images.
  3. Making sexually demeaning comments to a student.
  4. Making comments about a student's potential sexual performance.
  5. Requesting details of a student's sexual history.
  6. Requesting a date, sexual contact, or any activity intended for the sexual gratification of the educator.
  7. Engaging in conversations regarding the sexual problems, preferences, or fantasies of either party.
  8. Inappropriate hugging, kissing, or excessive touching.
  9. Providing the student with drugs or alcohol.
  10. Violating written directives from school administrators regarding the educator's behavior toward a student.
  11. Suggestions that a romantic relationship is desired after the student graduates, including post-graduation plans for dating or marriage.
  12. Any other acts tending to show that the educator solicited a romantic relationship with the student.

Calhoun County ISD

DHB(LEGAL)-P

UPDATE 112

DATE ISSUED: 1/22/2019