At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Gov't Code Ann. Admin. Gov't Code Ann. Id. Code of Ethics: A code of ethics is a guide of principles designed to help professionals conduct business honestly and with integrity. Crimesinvolving sexual or physical abuse of a minor or student or other illegal conduct with a minor or student; Solicited or engaged in sexual conduct or a romantic relationship with a student or minor; Any crime for which the underlying facts would support a felony conviction for possession, transfer, sale, distribution, or conspiracy to possess, transfer, sell, or distribute any controlled substance; Crimes involving school property or funds; Crimesinvolving an attempt by fraudulent or unauthorized means to obtain or alter any certificate or permit that would entitle a person to hold or obtain a position as an educator; Crimes that occur wholly or in part on school property or at a school-sponsored activity; or. Title 2, subtitle D, chapter 21 of the education code regulates educators in the public education system. Reg. 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. Throughout this opinion, we refer to section 249.3 as amended effective December 16, 2007 to conform with the ALJ's references in the PFD. 13. The petition also asserted essentially the same description of the incident to which Sergeant Cavazos testified at the hearing. The Legislature has charged the Board with regulating the certification process and standards of conduct for educators and has given it broad discretion to adopt rules for disciplining educators. SBEC may take disciplinary action against an educatorfor the following reasons: The above list is not exclusive. Id. 2. A court abuses its discretion if it acts without reference to guiding rules and principles. 9112 (2007) (to be codified at 19 Tex. Gomez argues in his third issue that the district court erred by denying his motion for leave to present additional evidence to the Board.11 See Tex. 5608 (2007), adopted 32 Tex. Learn more The Board filed its petition in October 2006. We overrule Gomez's second issue. When Sergeant Cavazos approached him to take him outside, the male said wait, wait and tried to zip his pants up. Local Grievance Process Proceso de reclamacion local Appeals to Commissioner of Ed A professional code of ethics is designed to ensure employees are behaving in a manner that is socially acceptable and respectful of one another. See City of Waco v. Texas Comm'n on Envtl. 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. 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. This includes teachers, librarians, counselors, educational diagnosticians, administrators, and paraprofessionals. Tex. Co., 13 S.W.3d 841, 844 (Tex.App.-Austin 2000, no pet.). Admin. Furthermore, the Board's interpretation that the phrase under the [Texas Education Code], Chapter 21, Subchapter B modifies the certificate that the person is being found unfit to hold does not contradict the plain language of the rule or the statute. 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. 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. Nothing in the November 2009 order indicates that the Hidalgo County District Court found that Sergeant Cavazos's testimony at Gomez's contested-case hearing violated its 2007 expunction order. Educ.Code Ann. oday, teachers hear a lot about the Code of Ethics. But as we determined above, the Board could properly present Sergeant Cavazos's testimony because it was based on his personal knowledge of the incident. Standard 1.3. Learn more about FindLaws newsletters, including our terms of use and privacy policy. A person who is not found to have good moral character fits the Marrs definition of unworthy to instruct because the person is morally unfit. 270 S.W. (quoting Starr Cnty. The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district, educational institution . 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. Ann. and recommended the 47-year-old Bailey-Cutkomp be fired for violating the state's ethics codes. The district court did not issue an order denying the motion, which Gomez filed on November 30, 2009, six days after the court conducted the hearing on his petition for judicial review. 3. 2001.174(2)(E) with id. The first stated that Gomez's conduct described in findings of fact numbers 6 and 7 establishes that [Gomez] is unworthy to instruct or supervise the youth of the state.5 The second stated that Gomez's educator certificate should be revoked.6 See 19 Tex. 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). Gomez's appeal centers on the Board's decision to (1) reject the ALJ's conclusion that his conduct provided no basis for the Board to discipline him and (2) instead conclude that Gomez's conduct at the nightclub established that he is unworthy to instruct and that his educator certificate should be revoked. While some Standard 4 violations could lead to sexual acts or harassment -- as defined by the Mississippi Educator Code of Ethics and Standards of Conduct-- not all do. 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. Quality, 346 S.W.3d 781, 81920 (Tex.App.-Austin 2011, pet. (a) In compliance with the Texas Education Code, 21.041(b)(8), the State Board for Educator Certification (SBEC) adopts an Educators' Code of Ethics as set forth in 247.2 of this title (relating to Code of Ethics and Standard Practices for Texas Educators). 4. The teacher may not be coerced to consent. 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. These fact findings provided a sufficient basis for the ALJ's legal conclusion that Gomez's conduct was an act of moral turpitude, which is defined in part as base, vile, or depraved acts that are intended to arouse or to gratify the sexual desire of the actor. 19 Tex. I will consistently uphold all applicable laws, rules, policies, and governance procedures. Standard 3.5: The educator shall not intentionally, knowingly, or recklessly engage in physical mistreatment, neglect, or abuse of a student or minor. Reg. Reg. 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. The Board had proposed amendments to the rules earlier in 2007, and the amended rules became effective December 16, 2007. 5. The Republican Party of Texas is expected to vote on whether to censure U.S. Rep. Tony . TEA has authority to investigate violations of IDEA by TEA as well as customer service complaints. See generally Tex. Certificate of High School Equivalency (TxCHSE), Bilingual Education Exception and ESL Waiver, Armed Services Vocational Aptitude Battery (ASVAB), Counseling, Advising, and Student Supports, STEM (Science, Technology, Engineering, and Mathematics), Texas College and Career Readiness School Models, TEKS Texas Essential Knowledge and Skills, Texas Essential Knowledge and Skills - Review and Revision, Graduation Reports - PEIMS Standard Reports, Highly Mobile and At Risk Student Programs, Financial Integrity Rating System of Texas, Annual Financial and Compliance Reports (AFRs), Middle School, High School, and College Preparation Initiatives, Reading, Math, Science, and Technology Initiatives, Comprehensive Report on Texas Public Schools, Results Driven Accountability (RDA) Reports and Data, Assessments for Emergent Bilingual Students, Assessments for Students with Disabilities, State of Texas Assessments of Academic Readiness (STAAR), Texas English Language Proficiency Assessment System (TELPAS), Texas Formative Assessment Resource (TFAR), Certificate and Transcript Search Information, Steps to Earn a Certificate of High School Equivalency, Results Driven Accountability (RDA) Overview, Texas Principal Evaluation and Support System, Texas Teacher Evaluation and Support System, Disciplinary Actions taken against Texas Educators, Preliminary Criminal History Evaluation FAQ, Blended Learning Professional Development Opportunity. at 5354. 6. 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. We construe administrative rules in the same manner as statutes, using traditional principles of statutory construction. During the hearing, the Board offered Sergeant Cavazos's testimony, and Gomez offered his own testimony, along with that of two character witnesses, both educators who had worked in the Donna Independent School District for many years. 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.. See 19 Tex. 11. However, others who interact with students who are not under the auspices of an education-related licensing organization such as coaches, school secretaries, custodians or other school staff are encouraged to adopt or adapt this Model Code of Educator Ethics. Title 2, subtitle D, chapter 21 of the education code regulates educators in the public education system. 3944 (2009), amended 35 Tex. Gov't Code Ann. Enforceable Standards. But many are members of the National Association of Realtors (NAR), which has an ethics code. Huerta calls most of the reasoning irrelevant. See Tex.Code Crim. Public reprimand. Whatconduct can lead to disciplinary action by SBEC? at 453. (1) Professional Ethical Conduct, Practices and Performance. 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. The ALJ, as factfinder, determines the credibility of witnesses and the weight of their testimony. Gomez sought to present evidence to the Board of a November 2009 order, which was entered by the same Hidalgo County District Court that had entered the 2007 expunction order. 2001.175(c) (West 2008) (providing procedure for application to reviewing court to present additional evidence to state agency). Impose any additional conditions or restrictions upon a certificate as deemed necessary by the SBEC. 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). 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 . Otherwise, we may affirm the administrative decision if we are satisfied that substantial evidence exists to support it. 2001.174 (West 2008). It establishes the rules for behavior and sends a message to every employee that universal compliance is expected. 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 ALJ further found, however, that the teachers violated Standard 10 of the Code of Ethics for Educators at the October party. Examples of the internal practices a code of conduct could contain include: Dress code. Gratuity; Solicitation. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Focusing on eight U.S. states, ten 21.058(a) (West 2006); see also Tex. Please try again. The email address cannot be subscribed. 2001.058(e); see also 19 Tex. 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. Standard 1.2. 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. . Consequently, we will defer to the Board's interpretation of the rule. To offer a code of conduct for teachers and administrators alike Correct! All Rights Reserved. for Educator Certification). The State Board for Educator Certification (SBEC) has been responsible for disciplining educators for misconduct since March 31, 1999. The professional educator demonstrates responsibility to oneself as an ethical professional by: 1. A police department's "code of ethics" usually exists separately from the formalized set of rules and regulations studied in the academy. 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. 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. That standard provided that an educator should demonstrate conduct that follows generally recognized professional standards. Motion for leave to present additional evidence to the Board. Educ.Code Ann. Taking responsibility and credit only for work actually performed or produced, and . A Campbell High School teacher is facing backlash after sending out an email that violated the Department of Education's code of conduct. Gomez was never convicted of a crime and his arrest records were later expunged. Defending his original stance, Huerta answers the students questions and explains why a majority of African Americans do not support the symbol. at 588). 2. We consider statutes and rules as a whole rather than their isolated provisions. 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. 9. The Board adopted this finding and these conclusions in its final decision and order. , Reports: Classic Savannah book to be adapted into, Bill aims to improve experience for local fans, CDC: Infants death linked to contaminated breast, CAT scan: Pet goes through X-ray machine at Va. airport, Next steps for Alex Murdaugh after guilty verdict, A chance to meet reptiles at Skidaway Isl. We reach the same conclusion here about the Board's revocation of Gomez's certificate. 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 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. 1. 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 21.035 (West Supp.2010), but the TEA did not revoke Gomez's educator certificate. Ethics is the basis of trust. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. 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. Code 249.15 (2011) (State Bd. See Bustamante, 27 S .W.3d at 5354. Quality, 346 S.W.3d 781, 818 n. 20 (Tex.App.-Austin 2011, pet. Subcommittee will look into alleged campaign violations and sexual misconduct by Republican who admitted to lying The House ethics committee has opened an investigation into George Santos, the . 21.001.707 (West 2006 & Supp.2010). The Tenets and Guidelines were most recently amended in June 2020. 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. TATTNALL CO., Ga. (WSAV) Tattnall County High School (TCHS) is doubling down on the decision to question a teacher for a conversation on social media. The primary emphasis of discipline for ethical lapses is education. 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. Code of Ethics violations; Failure to report or hindering the reporting of child abuse or the known criminal history of an educator as required by law and Board rules; Contract abandonment; . Educ.Code Ann. 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. Admin. 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).