9112 (2007). 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. The school says the teachers comments violated ethical standards. Police said Kayla Mooney, 24, of Danbury, had sex with. Seabolt said the comments violated the ethical conduct section of the Texas Education Code and probably violated district policies as far as interactions with the students. 6. Legislators, public employees, and other public servants may face severe consequences for violating the public trust. Ethics is the basis of trust. But the Board had begun conducting its own investigation well before the expunction order was issued in 2007. . Violation Found. 2001.058(e); see also 19 Tex. I will refuse to surrender judgment to any individual or group at the expense of the District as a whole. 22.01(A)(1) AGAINST A DISTRICT EMPLOYEE/VOLUNTEER, ASSAULT UNDER PENAL CODE SECT 22.01(A)(1) OTHER THAN SCHOOL DISTRICT EMPLOYEE/VOLUNTEER, AGGRAVATED ASSAULT (PC SECT 22.02) AGAINST SCHOOL DISTRICT EMPLOYEE/VOLUNTEER, AGGRAVATED ASSAULT (PC SECT 22.02) AGAINST SOMEONE OTHER THAN DISTRICT EMPLOYEE, SEXUAL OR AGGRAVATED ASSAULT AGAINST A SCHOOL DISTRICT EMPLOYEE/VOLUNTEER, SEXUAL OR AGGRAVATED SEXUAL ASSAULT AGAINST SOMEONE O/T DISTRICT EMPLOYEE/VOLUNTEER, POSSESSED, PURCHASED, USED OR ACCEPTED A CIGARETTE OR TOBACCO PRODUCT, FALSE ALARM/FALSE REPORT - TEC SECTION 37.006(A)(1) AND 37.007(B), FELONY CONTROLLED SUBSTANCE VIOLATION - TEC SECTION 37.007(A)(3), FELONY ALCOHOL VIOLATION - TEC SECTION 37.007(A)(3), TRUANCY (FAILURE TO ATTEND SCHOOL)-PARENT CONTRIBUTING TO TRUANCY, TRUANCY (FAILURE TO ATTEND SCHOOL) STUDENT AGE 12-18 WITH 10 UNEXCUSED ABSENCES, TRUANCY (FAILURE TO ATTEND SCHOOL)-STUDENT FAILURE TO ENROLL IN SCHOOL, AGGRAVATED ROBBERY - TEC 37.007(a)(2)(F), TEC 37.006 (c)-(d), USED, EXHIBITED, OR POSSESSED A NON-ILLEGAL KNIFE PER STUDENT CODE CONDUCT, STUDENT REQUIRED REGISTER AS SEX OFFENDER / UNDER COURT SUPERVISION, STUDENT REQUIRED REGISTER AS SEX OFFENDER /NOT UNDER COURT SUPERVISION, CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD/CHILDREN ON SCHOOL PROPERTY OR ACTIVITY, BREACH OF COMPUTER SECURITY - TEC 37.007(a)(5), SERIOUS MISBEHAVIOR AS DEFINED BY TEC 37.007(C) WHILE EXPELLED TO/PLACED IN DAEP, Texas Academic Performance Reports (TAPR), Texas Education Agency (TEA)PEIMS Reporting Unit, Research and Analysis Division(512)475-3523oradhocrpt@tea.texas.gov. Code 249.15 (2011) (State Bd. SBEC may take disciplinary action against an educatorfor the following reasons: The above list is not exclusive. 12. It filed its petition, which contained Sergeant Cavazos's name, in October 2006. Gov't Code Ann. Gomez did not explain in his motion what caused him to wait until November 2009 to seek an order from the Hidalgo County District Court that the Board had violated the expunction order. The petition also asserted essentially the same description of the incident to which Sergeant Cavazos testified at the hearing. In its justification for the definition of unworthy to instruct, the Board explained that it derived the term from the former education code section related to the suspension and cancellation of a teacher's certificate. 5. 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). The ACA Code of Ethics is a comprehensive overview of values for counselors in general, and is the code of ethics adhered to by the Texas Counseling Association. 2001.175(c). The ALJ denied Gomez's motion, but noted that the ALJ will not allow any witness to testify at the hearing based on expunged records as opposed to the witness's independent recollection of events.. filed) (noting difference between term substantial-evidence review being used in broad sense as shorthand reference to entire scope of review under APA and in narrower sense meaning only determination of whether order is reasonably supported by substantial evidence considering reliable and probative evidence in whole record). After the record was closed, the ALJ issued a proposal for decision (PFD) that included eleven findings of fact and fifteen conclusions of law. What information must be included in the letter? The establishment of this professional code of ethics by educators for educators honors the public trust and upholds the dignity of the profession." - MCEE Framing Document 2. The Educators' Code of Ethics is set forth in Texas Administrative Code to provide rules for standard practices and ethical conduct toward students, professional colleagues, school officials, parents, and members of the community. The Board found that the ALJ did not properly interpret the definition of unworthy to instruct because her recommendation was inconsistent with prior administrative decisions, which did not require the Board to identify a subchapter B violation (i.e., an enumerated criminal conviction) to make an unworthy to instruct determination, and with applicable case law interpreting the meaning of unworthy to instruct. See Marrs v. Matthews, 270 S.W. Gov't Code Ann. for Educator Certification, Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition). We reach the same conclusion here about the Board's revocation of Gomez's certificate. for Educator Certification, Purpose). Gomez's argument that the Board used expunged records rests on his contention that Sergeant Cavazos's testimony was improper because he acquired knowledge of the arrest while a state employee and knew of the expunction order. See id. Latest legal updates TCTA has the best member-to-attorney ratio of any Texas teacher group. TCHS says it started with a post by history teacher Jordan Huerta, which called into question the history of Confederate symbols on Georgias state flag. 2308 (1999); see also Tex. How does an individual file an allegation of misconduct against an educator? Dist., 344 S.W.3d 440, 444 (Tex.App.-Austin 2011, no pet.) The Board's interpretation of the definition of unworthy to instruct is at the heart of the parties' dispute. When Sergeant Cavazos approached him to take him outside, the male said wait, wait and tried to zip his pants up. $150 fine. 7836. otherwise known as the Philippines Professionalization Act of 1994 and Paragraph (a), section 6. What disciplinary action can SBEC take? Texas Administrative Code: TITLE 19: EDUCATION: PART 7: STATE BOARD FOR EDUCATOR CERTIFICATION: CHAPTER 247: EDUCATORS' CODE OF ETHICS: Rules 247.1: Purpose and Scope; Definitions 247.2: Code of Ethics and Standard Practices for Texas Educators . Sergeant Cavazos identified the male as Gomez because Gomez provided his Texas driver's license to Sergeant Cavazos. Elizabeth Conley/Staff photographer. TGSNOPEC, 340 S.W.3d at 43839. The ALJ further found, however, that the teachers violated Standard 10 of the Code of Ethics for Educators at the October party. TEA has authority to investigate violations of IDEA by TEA as well as customer service complaints. No. The primary emphasis of discipline for ethical lapses is education. 11. Reg. RULE 247.2. Trust simplifies transactions across large groups, differing groups and distant groups. When we construe administrative rules and statutes, our primary objective is to give effect to the intent of the issuing agency and legislature, which, when possible, we discern from the plain meaning of the words chosen. State v. Shumake, 199 S.W.3d 279, 284 (Tex.2006) (addressing statutory construction); see Rodriguez v. Service Lloyds Ins. Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 24142 (Tex.1985). 8. The court concluded that the legislature necessarily left the unworthiness determination to the Board because it would be too difficult to enumerate those qualities and would render the statute incomplete, or so inflexible as to defeat the ends sought. Id . Gomez sought judicial review of the Board's order in district court. To offer a code of conduct for teachers and administrators alike Correct! 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. Growth - Educators need to pursue professional growth. Reg. Regardless, the Policy procedures referenced by the Board are inapplicable based upon the Exclusions section under Policy GAE: Complaints and Grievances., Huerta and his attorney are hoping for a resolution, but if that does not work, they are filing in the Superior Court of Tattnall County.. He says that information was made available months ago and that he was not suspended from coaching until the social media posts came to light. modern ethics code violations in the teaching profession from which preparation programs might draw case studies. A code of ethics document may outline the mission and values . Holding oneself responsible for ethical conduct; 2. for Educator Certification).3 The case went to an administrative law judge (ALJ) for a contested-case hearing. 11249 (2010) (State Bd. 2001.175(c) (West 2008) (providing procedure for application to reviewing court to present additional evidence to state agency). Public reprimand. Project 700.1 SCENARIO 1: 1. Before the hearing, Gomez filed a motion for no-evidence summary disposition, arguing that because his arrest record had been expunged, the Board could not produce any evidence in support of its claim because the expunction order and the code of criminal procedure prohibited the Board from using any records or files concerning Gomez's arrest. Sometime later, the charges were dismissed. (Smiley N. Pool / Staff Photographer) The 13-year-old girl was in gym class when she said she heard a boy tell . 311 .023(1), (3), (4) (West 2005); see also Shumake, 199 S.W.3d at 284. In the order, the Board explained that it interprets the phrase the determination that a person is unfit to hold a certificate under the [Texas Education Code], Chapter 21, Subchapter B as merely referring to the certification that the person is unworthy to hold, not as requiring a finding that the person violated chapter 21, subchapter B. Admin. After a hearing on the merits, the district court affirmed the Board's final decision and order. As the ALJ pointed out in the order denying Gomez's motion to exclude evidence, Sergeant Cavazos testified at the hearing that he had not refreshed his memory from any record subject to the expunction order, and he obeyed the ALJ's admonition not to mention any fact relating to an arrest. Educ.Code Ann. Taking responsibility and credit only for work actually performed or produced, and . Reg. The ALJ issued the PFD on February 14, 2008. 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. Gilbert Gomez appeals the district court's judgment affirming the final order of the State Board for Educator Certification (the Board), which revoked his Texas Educator Certificate.1 The Board ordered the certificate revocation after determining that Gomez was unworthy to instruct or supervise the youth of the state under its rules. 21.035 (West Supp.2010), but the TEA did not revoke Gomez's educator certificate. The ALJ made a specific finding of fact in the PFD that Cavazos did not use any document other than those filed in this docket to refresh his memory as to the date of the incident and [Gomez's] name when preparing to testify at the hearing. The educator shall not knowingly misappropriate, divert or use monies, personnel, property or equipment committed to his or her charge for personal gain or advantage. Admin. Id. Gov't Code Ann. Texas Middle School Parts Ways With Teacher Who Assigned Racial Slur Worksheets. We conclude that substantial evidence supports the Board's decision to revoke Gomez's certificate. The original Code of Ethics was adopted in 1913 as a much leaner list of rules, while the current Code of Ethics consists of 17 articles. Under the ALJ's interpretation, before the Board could revoke an educator certificate, the educator would have to have been convicted of one of the crimes listed in two code provisions; Gomez had not been convicted of a crime. for Educator Certification, Final Decisions and Orders) (memorializing Board's ability to adopt order modifying findings of fact or conclusions of law in PFD submitted by ALJ in accordance with APA). SBEC will notconsider complaints that do not include the name and address of the individual filing the complaint. Disciplinary Action Reasons and Codes | Texas Education Agency Home Reports & Data Student Data Discipline Data Disciplinary Action Reasons and Codes For the disciplinary action reasons and codes in 2016-17 and later years, please see: DISCIPLINARY ACTION REASON CODES 42.01(10) (West 2011) (reckless exposure of anus or genitals in public place). All Rights Reserved. We will cite to the prior rule when a substantive amendment has occurred. 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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. At the contested-case hearing, Gomez offered no evidence that he did not engage in the alleged conduct other than his own testimony, which was controverted by Sergeant Cavazos's testimony. Employee accepted two complimentary Atlanta Falcons tickets. We may consider other factors in ascertaining legislative or administrative intent, including the law's objective, its history, and the common law or former statutory provisions concerning the same or similar subjects. The phrase unfit to hold a certificate under the [Texas Education Code], Chapter 21, Subchapter B is ambiguous and leaves room for policy determinations by the Board about the interplay between the unworthy to instruct definition and chapter 21, subchapter B of the education code. In the order overruling Gomez's motion to exclude evidence that was issued after the hearing, the ALJ noted that Sergeant Cavazos testified that he had not refreshed his memory from the arrest record or any other record subject to the expunction order. 2305 (1999) (Executive Summary for Reasoned Justification of New Chapter 249). (f) The State Board for Educator Certification shall determine whether to impose sanctions, including an administrative penalty under Subsection (i), against a principal who fails to provide notification to a superintendent or director in violation of Subsection (b-2) or against a superintendent or director who fails to file a report in violation Gratuity; Solicitation. In addition, the Board adopted the definition of unworthy to instruct before the adoption of education code sections 21.058 and 21.060, which were enacted and became effective in 2003 and 2007, respectively. All rights reserved. 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). Gomez failed to satisfy at least one of the conditions required for remand because he did not explain in his motion how the additional evidence (the November 2009 order) is material. Learn more The Tenets and Guidelines were most recently amended in June 2020. Communicating with courts, districts, and educators, when violations of the MS Educator Code of Ethics and Standards of Conduct and/or Miss. Gov't Code Ann. Sheriff's Civil Serv. Texas Education Agency 1701 N. Congress Avenue Austin, TX 78701-1494 Fax: (512) 475-3665 Admin. Reg. Contact us. Quality, 346 S.W.3d 781, 818 n. 20 (Tex.App.-Austin 2011, pet. 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. On August 7, 2003, Sergeant Joe Cavazos, an officer for the Texas Alcoholic Beverage Commission, was conducting an inspection at a bar in McAllen, Texas, known as Graham Central Station.2 Around midnight, a female patron approached Sergeant Cavazos to report that she had observed a male standing by the dance floor with his penis outside his pants. Code 249.5 (2011) (State Bd. A police department's "code of ethics" usually exists separately from the formalized set of rules and regulations studied in the academy. He calls the students friends ignorant for their lack of knowledge of the subject. 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.. Require a person towithdrawfrom an educator preparation program; Place restrictions on the issuance, renewal, or holding of a certificate, either indefinitely or for a set term; Issue a non-inscribed reprimand, which is a formal, unpublished censure that does not appear on the face of the educator's official certification records; Issue an inscribed reprimand, which is a formal, published censure that appears on the face of the educator's official certification records; Revoke or cancel, which includes accepting the surrender of a certificate without opportunity for reapplication for a set term or permanently. Code 249.39 (2011) (State Bd. 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. Code 249.3(19), (25) (2007), amended 34 Tex. Two leaders of a Houston-based political action committee have been fined a combined $45,000 by the Texas Ethics Commission, accused of violating the state . The ALJ concluded that two stated purposes of the Board's rules are to insure that educators are morally fit and worthy to instruct or supervise the youth of the state and to enforce the educators' ethics code. 3. It establishes the rules for behavior and sends a message to every employee that universal compliance is expected. Annual leave/holiday time. (finding agency's interpretation of statute reasonable when statute did not impose deadline for requesting assault leave and agency required leave request to be made within reasonable time of alleged assault). The court stated that unworthy in this context means the absence of those moral and mental qualities which are required to enable one to render the service essential to the accomplishment of the object which the law has in view and imputes moral delinquency to a degree of unfitness for the work at hand. Id. Texas Government Code. 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When we consider the purpose of the overall statutory scheme for regulating educators, the history of rule 249.3, and the common law and former statutory provisions predating the rule, we conclude that the Board's interpretation of unworthy to instruct as encompassing indecent exposureeven without a criminal convictionis reasonable. 2001.174(1). Disciplinary Actions Taken against Texas Educators The State Board for Educator Certification (SBEC) may take the following disciplinary actions against an educator's certification: Place restrictions on the issuance, renewal, or holding of a certificate, either indefinitely or for a set term; Issue an inscribed or non-inscribed reprimand; 21.003(a) (West Supp.2010). Attorney Reagan G. Sauls says a rule states no teacher has a right to keep their coaching responsibilities. . In the November 2009 order, the Hidalgo County District Court determined that the Texas Education Agency (TEA) had not complied with the 2007 expunction order and ordered TEA to return all records and files concerning the arrest of [Gomez] to the Court. The order reflects that TEA turned over its records at the November 2009 Hidalgo County District Court hearing. Copyright 2007-2022 Texas Education Agency (TEA). of a violation of the Code can preclude another contract or relationship with TRS as provided in Gomez argues that if the legislature had intended to adopt the definition of unworthy to instruct contained in Marrs, there would have been no need to pass sections 21.058 and 21.060 of the education code. 2009, no pet.) Gomez was never convicted of a crime and his arrest records were later expunged. Section 2252.908. Pursuant to the provisions of paragraph (e). Admin. As a result of this incident, Gomez was arrested and charged with indecent exposure. The letter must identify the certified educator against whom the complaint is being filed, provide specific information about the nature and substance of the alleged misconduct, state the names and addresses of any witnesses, as well as the name and address of the individual filing the complaint. Gomez has not pointed out any testimony which he asserts that Sergeant Cavazos derived from any expunged record. 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. U.S. Rep. Tony Gonzales faces censure vote by Republican Party of Texas Click to email a link to a friend (Opens in new window) This story has been updated. As the Board points out, it is also questionable whether Gomez could demonstrate that there were good reasons for his failure to present the additional evidence in the proceeding before the agency. ); City of Port Arthur v. Southwestern Bell Tel. The ALJ found that Gomez engaged in the alleged conduct and exposed his penis in public with reckless disregard as to whether others could see it and for purposes of sexual gratification. The ALJ concluded that Gomez's conduct was an act of moral turpitude, as defined by the Board's rules, and that an act of moral turpitude can preclude a finding of good moral character, as defined by the Board's rules. . Quality, 346 S.W.3d 781, 81920 (Tex.App.-Austin 2011, pet. See Ex parte S.C., 305 S.W.3d 258, 266 (Tex.App.-Houston [14th Dist.] Meet our staff attorneys Up to $8 million in coverage, with $2 million for civil rights coverage. Under the Board's interpretation, engaging in conduct that rises to the level of indecent exposure is conduct that renders a person unworthy to instruct.8 The ALJ made findings of fact that Sergeant Cavazos saw Gomez rubbing his exposed penis with his hand near the dance floor and that Gomez engaged in this public conduct with reckless disregard for whether others could see it and for purposes of sexual gratification. But the legislature's provision of certain minimum standards does not show that it intended those sections to be the only grounds for the Board to find that an educator is unworthy to instruct and revoke his certificate. Communication - Teachers work with parents as a support team for each student. Defending his original stance, Huerta answers the students questions and explains why a majority of African Americans do not support the symbol. The ALJ did not abuse her discretion by allowing Sergeant Cavazos's eyewitness testimony. 37-3-2- (11) and scheduling hearings if needed. The purpose of this study was to examine teacher licensure sanctions across multiple states in order to gain a clearer picture of ethics code violations in the modern teaching profession. 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Learn more about FindLaws newsletters, including our terms of use and privacy policy. Proc. Compare Tex. When Sergeant Cavazos approached the dance floor, he saw a male about ten to fifteen feet from the dance floor holding his penis in his hand and staring at the dancers as he rubbed himself. We review rulings on the admission or exclusion of evidence at the administrative level under the abuse-of-discretion standard applied to trial courts. We interviewed our tech expert, Jaime Vazquez, to learn more about accessible smart home devices. 2001.175(e) (West 2008). Standards: The standards outline expectations of conduct. See id. Since Gomez's contested-case hearing occurred, the Board has amended this rule and some other rules to which we will refer. 2001.174(2)(F); see City of Waco v. Texas Comm'n on Envtl. 1. Copyright 2023, Thomson Reuters. In other words, we must remand for arbitrariness if we conclude that the agency has not genuinely engaged in reasoned decision-making. Id. Copyright 2023 Nexstar Media Inc. All rights reserved. The Board also sought to revoke Gomez's certificate on the grounds that his conduct demonstrated that he is a person who conducted school or education activities in violation of law and had violated provisions of the educator's code of ethics, including Standard 1.7 (failing to comply with state regulations, written local school board policies, and other applicable state and federal laws). See 19 Tex.
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