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. 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. Admin. Id. 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. Reg. 311.023(4). ); City of Port Arthur v. Southwestern Bell Tel. Disciplinary action reports will only include SBEC actions which are final, as defined in. In his second issue, Gomez contends that Sergeant Cavazos's testimony should have been excluded because its admission violated the expunction order. 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. 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. 37-3-2- (11) and scheduling hearings if needed. The Board adopted this finding and these conclusions in its final decision and order. 2001.174(2)(E) with id. Motion for leave to present additional evidence to the Board. To learn more about ChatGPT and how we can inspire students, we sat down with BestReviews book expert, Ciera Pasturel. Sauls says Huerta had the option to remedy the situation through a process laid out in the Tattnall County Board of Education policy. 223. as amended, the Board for Professional Teachers hereby adopt the Code of Ethics for Professional Teachers. Sheriff's Civil Serv. . 21.031 (West 2006), .041 (West Supp.2010). He was never afforded the right or given the opportunity to pursue them prior to his suspension. Gov't Code Ann. Gomez has not presented an issue challenging whether substantial evidence supports the Board's decision to revoke his certificate. The Georgia Professional Standards Commission ruled this week that Hall violated the Code of Ethics for Educators and should be punished. 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 calls the students friends ignorant for their lack of knowledge of the subject. 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. Title 2, subtitle D, chapter 21 of the education code regulates educators in the public education system. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Texas Middle School Parts Ways With Teacher Who Assigned Racial Slur Worksheets. 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.. Texas Education Code section 38.027 defines electronic communication as any communication facilitated by the use of any electronic device, such as a telephone, computer, computer . SBEC can investigate and discipline anyone who holds a certificate issued under Chapter 21, Subchapter B of the Texas Education Code. 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. Section 21.058 provides for mandatory certificate revocation within five days of when the Board receives notice that a person has been convicted of a felony offense under title 5 of the penal code or an offense that requires the defendant to register as a sex offender under chapter 62 of the code of criminal procedure, and the victim of the offense is under 18 years of age. We overrule Gomez's first issue.10. Code 249.3(19), (25) (2007), amended 34 Tex. When a Code of Ethics violation occurs involving a student teacher, a school district is required to report the violation to the _____. That subcommittee investigates alleged violations of the code of ethics for teachers and administrators and, based on the investigation results, makes recommendations to the Education. 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. If there is some reasonable basis in the record for the Board's decision, we will uphold it even if the evidence preponderates against it. Title 2, subtitle D, chapter 21 of the education code regulates educators in the public education system. Under these circumstances, certificate revocation is mandatory, [n]otwithstanding Section 21.041(b)(7), which establishes that the Board must provide for disciplinary proceedings to revoke a certificate. 2001.174 (West 2008). The first behavior that violated the Code of Ethics for Educators would be when M. Miles allowed her personal involvement with the student to sway her in helping the girl enter the program. He also contends that the district court could properly consider evidence outside of the administrative record of the procedural irregularities that he alleges occurred when the ALJ admitted evidence that had been ordered expunged. No. 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. The range of penalties includes censure, removal from office, permanent disqualification from holding any state position, restitution, decades in prison, and fines up into the hundreds of thousands of dollars. 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. The Tenets and Guidelines were most recently amended in June 2020. 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. We must uphold the ALJ's evidentiary ruling if there is any legitimate basis in the record to support it. The substantial-evidence standard of the Texas Administrative Procedure Act (APA) governs our review of the Board's final order. Safety v. Story, 115 S.W.3d 588, 594 (Tex.App.-Waco 2003, no pet. Dist., 344 S.W.3d 440, 444 (Tex.App.-Austin 2011, no pet.) 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. Charter Med., 665 S.W.2d at 452. To efficiently administer and implement the SBECs purpose, the TEA staff sets priorities for the investigation of complaints based on the severity and immediacy of the allegations and the likelihood of harm posed by the subject of the investigation. 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 State Board for Educator Certification (SBEC) has been responsible for disciplining educators for misconduct since March 31, 1999. Police said Kayla Mooney, 24, of Danbury, had sex with. 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 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. Gilbert GOMEZ, Appellant v. TEXAS EDUCATION AGENCY, Educator Certification and Standards Division, and Robert Scott, Commissioner of Education, in his Official Capacity, Appellees. 42.01(10) (West 2011) (reckless exposure of anus or genitals in public place). Proc. Code 249.15 (2011) (State Bd. The purpose of a Level 2 Public Notification is to publicly admonish the nonlicensed educa tor and place Id. The Texas Educators' Code of Ethics, which is outlined in the state's administrative code, contains 29 ethical standards within three separate categories governing teachers' professional. 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. A professional code of ethics is designed to ensure employees are behaving in a manner that is socially acceptable and respectful of one another. 3. 12. 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. To offer a code of conduct for teachers and administrators alike Correct! Reg. All cases accepted for investigation must be placed in one of two priority groups. 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. That standard provided that an educator should demonstrate conduct that follows generally recognized professional standards. 2308 (1999) (quoting Marrs, 270 S.W. A well-defined code of ethics will help you negotiate difficult times during the life of your career. 8. (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 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. Gratuity; Solicitation. The school says the teachers comments violated ethical standards. oday, teachers hear a lot about the Code of Ethics. 13. When it adopted chapter 249 of the administrative code in 1999, the Board provided a detailed explanation for the definition of unworthy to instruct. See 24 Tex. Employee accepted two complimentary Atlanta Falcons tickets. The Code of Ethics for real estate has existed in some form for over 100 years. The Board did not present any new evidence in the district-court proceeding for review of its final order. Without a showing that the Board actually used the expunged records, the Board's retention of the expunged records is immaterial .13 We overrule Gomez's third issue. Attorney Reagan G. Sauls says a rule states no teacher has a right to keep their coaching responsibilities. Taking responsibility and credit only for work actually performed or produced, and . In other words, we must remand for arbitrariness if we conclude that the agency has not genuinely engaged in reasoned decision-making. Id. Copyright 2007-2022 Texas Education Agency (TEA). Id. SBEC may take disciplinary action against an educator on other grounds or measures available by law. The primary emphasis of discipline for ethical lapses is education. 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). Under some circumstances, the inappropriate use of social media may lead to ethical violations under the ASHA Code of Ethics. 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. The APA code of ethics is composed of key principles and ethical standards: Principles: The principles are intended as a guide to help inspire psychologists as they work in their profession, whether they are working in mental health, in research, or in business. 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. 21.060 (West Supp.2010). What conduct can lead to disciplinary action by SBEC? 19.0122.12 (West 2011) (establishing offenses against the person, including criminal homicide, kidnapping, trafficking of persons, sexual offenses, and assaultive persons); Tex.Code Crim. 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. 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. See Dodd v. Meno, 870 S.W.2d 4, 7 (Tex.1994); see also Poole v. Karnack Indep. The Board filed its petition in October 2006. Communicating with courts, districts, and educators, when violations of the MS Educator Code of Ethics and Standards of Conduct and/or Miss. Sometime later, the charges were dismissed. Teacher Suspended Following Backlash From Student's 'My Bad Teacher' Speech. and recommended the 47-year-old Bailey-Cutkomp be fired for violating the state's ethics codes. Retirement System Ethics Policy. 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. 19 Tex. 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. Otherwise, we may affirm the administrative decision if we are satisfied that substantial evidence exists to support it. Sergeant Cavazos testified to his recollection of the incident as described above, but upon cross-examination, he admitted that he had been able to recall the date of the incident and Gomez's name only after refreshing his memory by reviewing the Board's petition. Code 249.39 (2011) (State Bd. Violation ofthe security or integrity of a state assessment. The ALJ further found, however, that the teachers violated Standard 10 of the Code of Ethics for Educators at the October party. The ALJ issued the PFD on February 14, 2008. For the disciplinary action reasons and codes in 2015-16 and earlier years, please see the list below. Whatcrimes does SBEC consider to be directly related to the duties and responsibilities of the education profession? We overrule Gomez's second issue. Gov't Code Ann. 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 . Comm'n, 27 S.W.3d 50, 53 (Tex.App.-San Antonio 2000, no pet.). 2305 (1999) (Executive Summary for Reasoned Justification of New Chapter 249). , 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. 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. The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district, educational institution . See Ex parte S.C., 305 S.W.3d 258, 266 (Tex.App.-Houston [14th Dist.] See Tex. 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. Glossary of Terms for the Virtual Certificate (PDF, 48.3KB). See Marrs, 270 S.W. 249.3(19) (2007) (emphases added). See Tex.Code Crim. Code 249.3(19), (25), (45), .15. Gratuity. See a separate definition for "professional educator." Ethic of care What disciplinary action can SBEC take? 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. 2001.175(c). The teacher used his work email to reply to a. Educ.Code Ann. 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. Impose any additional conditions or restrictions upon a certificate as deemed necessary by the SBEC. See id. 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. . 2001.174(1). 21.001.707. Below you will find FAQs about conduct and criminal activity, disciplinary action, and filing an allegation of misconduct against an educator. 9112 (2007). for Educator Certification).3 The case went to an administrative law judge (ALJ) for a contested-case hearing. A court abuses its discretion if it acts without reference to guiding rules and principles. The state's Code of Ethics and Standard Practices for Texas Educators includes prohibitions on soliciting a romantic relationship with a student and having inappropriate communications with. Alexandria Ocasio-Cortez Likely Violated Ethics Laws With Met Gala Appearance, . 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. 2001 .058(e)(1) (West 2008) (providing that agency may change ALJ's finding of fact or conclusion of law or may vacate or modify order issued by ALJ if agency determines that ALJ did not properly apply or interpret applicable law, agency rules, or prior administrative decisions). All Rights Reserved. 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 . Gov't Code Ann. Exam'rs, 172 S.W.3d 761, 778 (Tex.App.-Austin 2005, no pet.). Educ.Code Ann. Gomez has not pointed out any testimony which he asserts that Sergeant Cavazos derived from any expunged record. 9. (Standard 3.6) The Code of Ethics also requires educators to maintain appropriate professional educator-student relationships and boundaries based on a reasonably . CONDUCT PUNISHABLE AS A FELONY 37.006(A)(2)(A), POSSESSED, SOLD, USED OR WAS UNDER THE INFLUENCE OF MARIHUANA OR OTHER CONTROLLED SUBSTANCE, POSSESSED, SOLD, USED OR WAS UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, TITLE 5 FELONY - OFF CAMPUS AND NOT AT SCHOOL SPONSORED ACTIVITY, NON TITLE 5 FELONY CONDUCT-NOT ON CAMPUS OR AT SCHOOL SPONSORED ACTIVITY, BROUGHT FIREARM TO SCHOOL - TEC37.007(e) OR UNLAWFUL CARRY OF A HANDGUN, UNLAWFUL CARRY OF AN ILLEGAL KNIFE UNDER PENAL CODE 46.02-TEC 37.007(a)(1), UNLAWFUL CARRYING OF A CLUB UNDER PENAL CODE 46.02 - TEC 37.007(a)(1), CONDUCT CONTAINING THE ELEMENTS OF AN OFFENSE RELATING TO PROHIBITED WEAPONS, MURDER, CAPITAL MURDER, CRIMINAL ATTEMPT TO COMMIT MURDER OR CAPITAL MURDER, VIOLATION OF STUDENT CODE OF CONDUCT NOT INCL UNDER SECT 37.002(B),006-007, TERRORISTIC THREAT - TEC SECTION 37.006(A)(1) OR 37.007(B), ASSAULT UNDER PENAL CODE SECT. A code of ethics document may outline the mission and values . Id. As defined by title 19, section 249.3(45) of the administrative code, unworthy to instruct or to supervise the youth of this state means the determination that a person is unfit to hold a certificate under the [Texas Education Code], Chapter 21, Subchapter B Gomez urges that the ALJ's interpretation of the education code and the definition of unworthy to instructwhich would require that an educator be convicted of one of the crimes listed in two code provisions before his certificate could be revokedis correct, and thus, the Board acted in excess of its statutory authority, in an arbitrary or capricious manner, and abused its discretion because it rejected the ALJ's conclusion. All Rights Reserved. 2001.175(c). filed). (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). See 19 Tex. Focusing on eight U.S. states, ten Copyright 2023, Thomson Reuters. 2001.174(2)(A)-(F). Gomez sought judicial review of the Board's order in district court. See Bustamante, 27 S .W.3d at 5354. See generally Tex. Admin. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. RULE 247.2. An ethics complaint determines whether a REALTOR has violated the Code of Ethics, not whether any laws have been broken. 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. Trust allows villages to exist, and hence towns, and cities, and regional authorities and nations. 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. Code Ann. Educ.Code Ann. Contrary to Gomez's contention, the APA specifically authorizes the Board to: change a finding of fact or conclusion of law made by the [ALJ], or [to] vacate or modify an order issued by the [ALJ], only if the agency determines that the [ALJ] did not properly apply or interpret applicable law, agency rules, or prior administrative decisions The agency shall state in writing the specific reason and legal basis for a change made under this subsection. Tex. Gomez has failed to allege this type of procedural irregularity here, however, contending instead that a procedural irregularity occurred when the ALJ admitted evidence that had been ordered expungedpresumably referring to Sergeant Cavazos's testimony. at 588). A written statement from Harben, Hartley & Hawkins, LLC the law firm representing the school identifies the post and conversation in question. Gov't Code Ann. Gomez asserts that if the Board had complied with the expunction order, it would not have had Sergeant Cavazos's name. We reach the same conclusion here about the Board's revocation of Gomez's certificate. 1. for Educator Certification). 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. A Campbell High School teacher is facing backlash after sending out an email that violated the Department of Education's code of conduct. the Texas Education Agency, or the State Board for Educator certification (SBEC) and its certification process. Having overruled all of Gomez's issues on appeal, we affirm the district court's judgment. Collins, Charlotte. 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. (AP Photo/Julie Jacobson) Reg. 311.023(6) (administrative construction of statute may be considered). 7836. otherwise known as the Philippines Professionalization Act of 1994 and Paragraph (a), section 6. Penal Code Ann. We will cite to the prior rule when a substantive amendment has occurred. Examples of the internal practices a code of conduct could contain include: Dress code. 7. 249.15(b)(2). 24 Tex. See City of Waco v. Texas Comm'n on Envtl. A former Alabama high school coach and teacher has been arrested on a state ethics violation. 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. 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. PREAMBLE Gov't Code Ann. The SBEC may amend the ethics code in the same manner as any other formal rule. 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. 2009, no pet.) Legislators, public employees, and other public servants may face severe consequences for violating the public trust. It appears that maybe this additional coaching duty replaced Huertas time to meet the standards for all teachers, said Sauls. 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. The Board responds that the expunction order only barred the use of records and files concerning Gomez's arrest, not eyewitness testimony about his conduct, and that it did not use prohibited materials to prepare or present its case to the ALJ.
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