DHB(LEGAL) -

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 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 resigned 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. Abused or otherwise committed an unlawful act with a student or minor;
  2. Was involved in a romantic relationship with or solicited or engaged in sexual contact with a student or minor;
  3. Possessed, transferred, sold, or distributed a controlled substance, as defined by Health and Safety Code Chapter 481 or by 21 U.S.C. Section 801 et seq.;
  4. Illegally transferred, appropriated, or expended funds or other school property;
  5. Attempted by fraudulent or unauthorized means to obtain or alter a professional certificate or license for the purpose of promotion or additional compensation; or
  6. Committed a criminal offense or any part of a criminal offense on school property or at a school-sponsored event.

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; and
  5. Name or names and any available contact information of any relevant witnesses to the circumstances requiring the report.

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. Suggestions that a romantic relationship is desired after the student graduates, including post-graduation plans for dating or marriage.
  11. Any other acts tending to show that the educator solicited a romantic relationship with the student.

Lumberton ISD

DHB(LEGAL)

UPDATE 109

DATE ISSUED: 10/30/2017