Current through Register Vol. 49, No. 9, September, 2024
1.0
Title
1.1 These rules shall be
known as the Arkansas Department of Education Division of Elementary and
Secondary Education Rules Governing the Code of Ethics for Arkansas
Educators.
2.0
Regulatory Authority
2.1 These
rules are promulgated pursuant to the State Board of Education's authority
under Ark. Code Ann. §§
6-11-105,
6-17-401,
6-17-410,
6-17-422,
6-17-425,
6-17-426,
6-17-428,
25-15-201 et seq.
2.2 All rules, procedures, hearings, and
appeals relating to the Code of Ethics complaints shall be promulgated and
implemented under the Arkansas Administrative Procedure Act, Ark. Code Ann.
§
25-15-201 et
seq.
3.0
Purpose
3.1 The purpose of the
Rules Governing the Code of Ethics for Arkansas Educators (Code of Ethics) is
to define standards of ethical conduct for all educators, whether licensed or
employed under a legal waiver from licensure, and to outline procedures for
receiving complaints, authorizing and conducting investigations, and
recommending enforcement of the Code of Ethics.
3.2 The professional, ethical educator
contributes to the development and maintenance of a supportive student-focused
learning community that values and promotes human dignity, fairness, care, the
greater good and individual rights. These values are the ethical premises for
the standards of professional behavior and ethical decision-making established
in this Code of Ethics. By establishing standards of ethical conduct, the Code
of Ethics promotes the health, safety, and general welfare of students and
educators and ensures the citizens of Arkansas a degree of accountability
within the education profession.
4.0
Applicability
4.1 The valid Arkansas educator's license of
any person shall be subject to the conditions, requirements, and mandates of
the Code of Ethics, procedures, and recommendations for enforcement.
4.2 An educator who is employed under a
waiver of licensure granted by the State Board to an educational entity is
subject to the conditions, requirements, and mandates of the Code of Ethics,
procedures, and recommendations for enforcement, including public notification
of violations of the Code of Ethics and fines equivalent to those for licensed
educators.
4.3 A preservice teacher
who is assigned to a school as a student intern in a supervised field
experience or supervised clinical experience is also subject to the Code of
Ethics. A sanction adopted by the State Board of Education may be imposed on a
license when, and if, it is issued to the sanctioned preservice
teacher.
5.0
Definitions
5.1
Acted
upon means that the State Board has taken an action to address an ethics
complaint by revoking, suspending, or imposing another sanction upon an
educator's license.
5.2
An
Authorized Ethics Complaint Investigation is an ethics complaint that
has been:
(1) validated by an Investigator of
the PLSB as being submitted by an identifiable person; and
(2) authorized for investigation based upon
reasonable belief by the Ethics Subcommittee that if the allegation is true, it
would constitute a violation of the Code of Ethics as set forth in these rules
committed by an Arkansas educator. The Ethics Subcommittee shall authorize
investigation of an ethics complaint that it determines is credible. (Ark. Code
Ann. §
6-17-428).
5.3
AELS means the Arkansas
Educator Licensure System.
5.4
Code of Ethics means the Code of Ethics for Arkansas Educators
established by the PLSB under Ark. Code. Ann. §
6-17-422.
5.5
Dispositions are the values,
commitments, and professional ethics that influence behaviors toward students,
families, colleagues and communities and that contribute to student learning,
motivation, and development as well as the educator's own professional growth.
Dispositions are guided by beliefs and attitudes related to values such as
caring, fairness, honesty, responsibility and social justice.
5.6
Division means the Division
of Elementary and Secondary Education.
5.7
Educator means:
5.7.1 A person holding a valid educator's
license issued by the State Board; even if the license expires during the
pendency of the ethics complaint process.
5.7.2 A person employed under a waiver from
licensure;
5.7.3 A preservice
teacher, including a person holding an aspiring teacher permit;
5.7.4 A person employed under an emergency
teaching permit; or
5.7.5 A person
who is a registered volunteer who will be working with students in an athletic
coaching capacity or is in the process of obtaining a coaching certificate
through the Arkansas Activities Association and is assisting with students in a
coaching capacity in a public school athletic program.
5.8
Educational Setting means
any public school, open enrollment public charter school, virtual public
school, or education service cooperative in Arkansas serving students in any of
grades pre-K through 12.
5.9
Educator's License means a teaching license, an administrator's
license, lifetime teaching license, ancillary license, provisional license, or
any other license or permit issued by the State Board.
5.10
Ethics Complaint means an
allegation of violation form that states alleged facts that if true would
constitute an ethics violation of the Code of Ethics, is signed under penalty
of perjury by the person filing the ethics complaint, validated by a PLSB
Investigator, and authorized for investigation by the Ethics Subcommittee. An
ethics complaint may also be a finding made in an audit report forwarded to the
Division by the Arkansas Joint Legislative Auditing Committee under Ark. Code
Ann. §
6-17-426.
5.11
Ethics Subcommittee means
the subcommittee established by the PLSB to receive and investigate ethics
complaints, and enforce the Code of Ethics through recommendations to the State
Board.
5.11.1 The Ethics Subcommittee is
composed of five (5) members with proportionate representation as the PLSB of
public school teachers and administrators plus one (1) member from any other
category of representation on the PLSB.
5.12
Ethics Hearing Subcommittee
means the subcommittee appointed by the PLSB to conduct evidentiary hearings
under these rules. The Ethics Hearing Subcommittee is composed of six (6)
members, three (3) of whom may be appointed by the PLSB based on educational
experience. One (1) of the members shall be appointed to represent non-licensed
teachers.
5.13
Ethics
Violation is an act or omission on the part of an educator, when the
educator knew, or reasonably should have known, that such acts or omissions
were in violation of the Code of Ethics as set forth in these rules.
5.13.1 An ethics violation does not include:
5.13.1.1 A reasonable mistake made in good
faith;
5.13.1.2 Acts or omissions
undertaken in accordance with the reasonable instructions of a supervisor;
or
5.13.1.3 An act or omission
under circumstances in which the educator had a reasonable belief that failure
to follow the instructions of a supervisor would result in an adverse job
action against the educator.
5.14
Filed means an allegation
of violation form, a motion, or other document has been stamped by PLSB staff
with a date acknowledging when the document arrived at the offices of the PLSB
staff.
5.15
Hearing
Officer means an impartial Arkansas licensed attorney who serves in a
quasi-judicial role, i.e. opening the hearing, introducing the parties,
swearing witnesses, and ruling on objections.
5.16
Impairment means the state
of being mentally or physically diminished, weakened, or damaged, with respect
to performing the educator's professional duties.
5.17
Level 1 Public Notification of
Ethics Violation is a public notification that a nonlicensed educator
has violated the Code of Ethics in a manner equivalent to a violation that
warrants a written reprimand. The purpose of a Level 1 Public Notification is
to publicly admonish the nonlicensed educator;
5.18
Level 2 Public Notification of
Ethics Violation is a public notification that a nonlicensed educator
has violated the Code of Ethics in a manner equivalent to a violation that
warrants the probation of a license. The purpose of a Level 2 Public
Notification is to publicly admonish the nonlicensed educator and place
conditions or requirements on the educator for a specified period of
time.
5.19
Level 3 Public
Notification of Ethics Violation is a public notification that a
nonlicensed educator has violated the Code of Ethics in a manner equivalent to
a violation that warrants the suspension of a license. The purposes-of a Level
3 Public Notification is to publicly admonish the nonlicensed educator and for
a specified period of time:
(a) to place
conditions or requirements on the nonlicensed educator;
(b) to notify the public that the nonlicensed
educator is not recommended for employment or volunteering in an educational
setting; and
(c) notify the public
that the nonlicensed educator is not eligible for teaching or testing
duties.
5.20
Level
4 Public Notification of Ethics Violation is a public notification that
a nonlicensed educator has violated the Code of Ethics in a manner equivalent
to a violation that warrants the revocation of a license. The purpose of a
Level 4 Public Notification is to notify the public that the educator is not
recommended for employment or volunteering in an educational setting, and that
the nonlicensed educator is not eligible for future licensure.
5.21
Monitoring Conditions or
Restrictions may include any actions or alternative sanctions allowed
under the Administrative Procedures Act. Such conditions or restrictions may
include, but are not limited to requiring that an educator, at the educator's
expense, submit a new criminal background check or submit other requested
information such as current employment, compliance with recommended counseling,
treatment, education, or training. The Ethics Subcommittee may recommend the
length of the monitoring period to the State Board.
5.22
NASDTEC Clearinghouse means
the searchable database administered by the education departments of members of
the National Association of State Directors of Teacher Education and
Certification (NASDTEC). The Clearinghouse is viewable only by member agencies
responsible for educator licensure/certification and discipline and additional
interested education organizations approved by NASDTEC.
5.23
Nonrenewal means that an
expired license will not be renewed. Nonrenewal may be permanent or temporary.
There is no reinstatement of a license after permanent nonrenewal. Nonrenewal
will apply when an educator's license expires after the occurrence of the
alleged ethics violation.
5.24
PLSB means the Professional Licensure Standards Board.
5.25
Pre-kindergarten means an
early childhood education program that serves students from birth to enrollment
in kindergarten.
5.26
Preponderance of Evidence is the greater weight of the relevant
evidence; superior evidentiary weight that, though not sufficient to free the
mind wholly from all reasonable doubt, is still sufficient to induce a fair and
impartial mind to one side of the issue rather than the other. It is determined
by considering all of the relevant evidence and deciding which evidence is more
credible. A preponderance of the evidence is not necessarily determined by the
greater number of witnesses or documents presented. If, on any allegation
against an educator, it cannot be determined whether the allegation is more
likely true than not true, the allegation cannot be considered to have been
proved.
5.27
Preservice
Teacher means an unlicensed person who is enrolled as a student in an
educator preparation program approved by the Division.
5.28
Private Letter of Caution
is a non-punitive communication from the Ethics Subcommittee to an educator in
response to an ethics complaint against the educator. Private Letters of
Caution may be provided to an educator by the Ethics Subcommittee of the PLSB
in lieu of recommending other discipline. Private Letters of Caution do not
make any factual findings but inform the educator that the conduct alleged in
the complaint or its investigation falls within the broad range of the Code of
Ethics but that the circumstances and mitigating factors do not warrant
disciplinary action. Private Letters of Caution remain in the files retained by
the PLSB staff, but are not placed in an educator's licensure file at the
Division. A Private Letter of Caution is not submitted to the State Board for
approval and it does not constitute a sanction for the purposes of the Code of
Ethics. As a result. Private Letters of Caution cannot be the basis for a
request for an evidentiary hearing before the Ethics Subcommittee or the State
Board.
5.29
Probation
is the placing of conditions, requirements, or circumstances on the status of
an educator's license issued by the State Board for a period of time
established by the State Board. Generally, an educator whose license is under
probation must sufficiently satisfy such conditions, requirements, or
circumstances in order to maintain or be reinstated to the original non-
probationary teaching license status. The probation will remain permanently in
the Division file of the educator and in the files retained by the
PLSB.
5.30
Public
Information for the purpose of these rules is information publicly
available from news media or public record.
5.31
Reasonable belief is a
belief based upon knowledge of facts and circumstances that are reasonably
trustworthy, and that would justify a reasonable person's belief that:
(1) a violation of the Code of Ethics as set
forth in these rules has been committed; and
(2) that the named educator committed such a
violation. A reasonable belief is not based upon mere suspicion or
conjecture.
5.32
Relevant evidence (or material evidence) is evidence having any
tendency to make the existence of any fact that is of consequence to the
determination of the matter more probable or less probable than it would be
without the evidence.
5.33
Revocation is the invalidation of any educator's license. The
revocation will remain permanently in the Division file of the educator and in
the files retained by the PLSB. An Educator whose license has been revoked may
refer to the Division of Elementary and Secondary Education Rules Governing
Educator Licensure on the reinstatement of a revoked license.
5.34
State Board means the
Arkansas State Board of Education.
5.35
School hiring official
means the person designated by a school who is responsible for hiring or making
final recommendations for the hiring of an educator who holds an Arkansas
teaching or administrator's license, or an educator who will be employed under
a waiver granted by the State Board.
5.36
School-sponsored activity
is any event or activity sponsored by the school or school system which
includes but is not limited to athletic events, booster clubs, parent- teacher
organizations, or any activity designed to enhance the school curriculum (i.e.,
foreign language trips, etc.) whether on school-campus or not.
5.37
Sexual abuse has the same
meaning as given to the term in Ark. Code Ann. §
12-18-103(20)(D)
as it applies to a caretaker, but shall include a victim who is younger than
twenty-one (21) years of age and is still a student.
5.38
Student is any individual
enrolled in any state's public or private schools from pre-kindergarten through
grade 12.
5.39
Substantiated
allegation means observance of or reasonable cause to believe that a
violation of the code of ethics has occurred.
5.39.1 The completion of an investigation is
not required in order for an allegation to be a substantiated
allegation.
5.39.2 A substantiated
allegation may be a preliminary determination made by a public
school.
5.40
Supervisor under these rules means an administrator authorized by
the district or school board to administer professional employee discipline up
to and including recommending termination or nonrenewal.
5.41
Suspension is the temporary
invalidation of any educator's license for a period of time specified by the
State Board. The suspension will remain permanently in the Division file of the
educator and in the files retained by the PLSB.
5.42
Take action means that,
based on a preponderance of the evidence, the Ethics Subcommittee or Ethics
Hearing Subcommittee, makes a determination and recommendation based on an
ethics complaint.
5.43
Valid
educator's license means that the educator's license was current, on
probation, or under suspension at the time of an alleged ethics violation. A
valid educator's license that expires after the occurrence of the alleged
ethics violation is still subject to an ethics complaint process relating to
the alleged ethics violation.
5.44
Waiver from licensure means a waiver from rules and/or laws
governing educator licensure granted under:
5.44.1 The Arkansas Quality Charter Schools
Act of 2013, Ark. Code Ann. §
6-23-101 et seq., to a public
charter school in the approval of its original charter or an amendment to its
charter;
5.44.2 Ark. Code Ann.
§
6-15-103 to a school
district;
5.44.3 The District of
Innovation Program, Ark. Code Ann. §
6-15-2801 et seq., to a School of
Innovation; or
5.44.4 Any other
educational entity pursuant to Arkansas law.
5.45
Written Reprimand is a
written admonishment from the State Board to the named educator for his or her
conduct. The written reprimand cautions that further unethical conduct will
lead to a more severe action and is associated with a monetary fine of the
educator. The written reprimand will remain permanently in the files retained
by the PLSB.
6.0
The Code of Ethics for Arkansas Educators
All Arkansas Educators, preservice teachers, and those employed
under a waiver of licensure must adhere to the Code of Ethics represented
below. An allegation of unethical conduct, authorized for investigation, and
subsequently considered by the Ethics Subcommittee or the Ethics Hearing
Subcommittee, and the State Board shall be based upon an alleged violation of
the following:
Standard 1: An educator maintains a professional
relationship with each student, both in and outside the
classroom.
Standard 2: An educator maintains competence regarding
his or her professional practice, inclusive of professional and ethical
behavior, skills, knowledge, dispositions, and responsibilities relating to his
or her organizational position.
Standard 3: An educator honestly fulfills reporting
obligations associated with professional practices.
Standard 4: An educator entrusted with public funds and
property, including school sponsored activity funds, honors that trust with
honest, responsible stewardship.
Standard 5: An educator maintains integrity regarding the
acceptance of any gratuity, gift, compensation or favor that might impair or
appear to influence professional decisions or actions and shall refrain from
using the educator's position for personal gain.
Standard 6: An educator keeps in confidence secure
standardized test materials and results and maintains integrity regarding test
administration procedures.
Standard 7: An educator maintains the confidentiality of
information about students and colleagues obtained in the course of the
educator's professional services that is protected under state law or rule,
federal law or regulations, or the written policies of the educator's school
district, unless disclosure serves a professional purpose as allowed or
required by law, rule, or regulations.
Standard 8: An educator, while on school premises or at
school-sponsored activities involving students, refrains from:
a)
using, possessing and/or being under
the influence of alcohol or unauthorized drugs/substances, possessing items
prohibited by law.
b)
possessing or using tobacco or tobacco-related products, e-cigarettes,
e-liquid, or vapor products, or
c)
abusing/misusing prescription
medications or other authorized substances as evidenced by
impairment.
7.0
Recommended Disciplinary Action
7.1 The Ethics Subcommittee or Ethics Hearing
Subcommittee is authorized to recommend to the State Board Levels of Public
Notification for a nonlicensed educator, or for a licensed educator, a written
reprimand or the probation, suspension, revocation, nonrenewal, or non-issuance
of an educator's license. The Ethics Subcommittee or Ethics Hearing
Subcommittee is also authorized to recommend the placement of conditions or
restrictions on the activities of the educator that would assist the educator
via training, coursework or rehabilitative treatment. (All costs would be paid
by the educator.) The State Board may direct the PLSB to monitor progress
toward the completion of any corrective action. Any of the following shall be
considered cause for recommendation of disciplinary action against an educator:
7.1.1 An initial determination by the Ethics
Subcommittee that, based on a preponderance of the evidence, a violation of the
Code of Ethics as set forth in these rules has occurred.
7.1.2 Following an evidentiary hearing before
the Ethics Hearing Subcommittee, the Ethics Hearing Subcommittee finds, by a
preponderance of the evidence, that an educator violated the Code of Ethics as
set forth in these rules.
7.1.3 An
agreement between an educator and the Ethics Subcommittee or Ethics Hearing
Subcommittee as to the facts and/or the recommendation for disciplinary
action.
7.1.4 A failure to comply
with the payment of any imposed fines, fees, or other conditions or
restrictions imposed by the State Board.
7.1.5 Audit reports forwarded to the Division
by the Arkansas Legislative Joint Auditing Committee pursuant to Ark. Code Ann.
§ 6-17- 426.
7.1.6
Disciplinary action against an educator's license/certificate in another state
on grounds inconsistent with ethical conduct specified in Section 6.00 or as
stated in this section.
7.2 An individual whose license has been
revoked or nonrenewed, or suspended or temporarily nonrenewed of any state for
an offense for which the license would be subject to sanction in Arkansas,
shall not serve as a volunteer or be employed as an educator, consultant,
paraprofessional, aide, substitute teacher, official and/or judge of a
school-sponsored activity or be employed in any other position with a school
district, open enrollment public charter school, or education service
cooperative following his or her revocation or permanent nonrenewal, or during
the period of suspension or temporary nonrenewal for a violation of the Code of
Ethics.
7.2.1 An individual who has received a
Level 3 Public Notification of Ethics Violation, for the period of time
specified in the Level 3 Public Notification:
7.2.1.1 Is not recommended for employment or
for volunteering in an educational setting, including without limitation
performing teaching or testing duties; and
7.2.1.2 Is not eligible for
licensure.
7.2.2 An
individual who has been issued a Level 4 Public Notification of Ethics
Violation is not recommended for employment or for volunteering in an
educational setting, including without limitation performing teaching or
testing duties and is not eligible for licensure on and after the issuance of
the Level 4 Public Notification.
7.04 In lieu of imposing a disciplinary
action as set forth above, the PLSB Ethics Subcommittee may provide the accused
educator with a Private Letter of Caution. A Private Letter of Caution may not
be appealed by the educator.
8.0
Fines and Fees
8.1 The PLSB may recommend to the State Board
for approval as authorized by Ark. Code Ann. §§
6-17-422(h)(3)(c)
and 6-17-428, monetary fees to be paid
by a person for the issuance, reissuance, fine, or penalty associated with the
process, procedures, or enforcement of requirements necessary to issue or
maintain an Arkansas teaching license.
8.1.1
Fine amounts are listed in Appendix B to these rules, which is
attached and is hereby fully incorporated into these rules as if fully set
forth herein.
8.1.2 Nonrefundable
fees for applications pertaining to an educator's license are published on the
Division website as approved by the State Board.
8.1.3 The State Board shall use the revenue
collected from the fees and fines for the operation of the PLSB.
8.2 An educator shall pay a fine
imposed by the State Board within ninety (90) days of the State Board's final
order.
8.3 Failure to pay fines and
fees may result in the Division recommending that the State Board suspend the
educator's license pursuant to Ark. Code Ann. § 25-15- 217. The Division
will not renew a license until all fines and fees have been
paid.
9.0
Disclosure of Records
9.1 When
the State Board issues a written reprimand for violation of the Code of Ethics,
it will be reported to the Division but is not publicly viewable in AELS. The
Division will disclose written reprimands if requested and pursuant to state or
federal law.
9.2 Disciplinary
actions are publicly reported as follows:
9.2.1 The probation of a license is reported
on AELS and the NASTDEC Clearinghouse during the period of probation and until
all conditions are met. Following the successful completion of probation, the
probation is removed from public view on AELS and the NASTDEC Clearinghouse,
but is maintained permanently in the educator's files at the
Division;
9.2.2 A Level 2 Public
Notification of Ethics Violation is reported on AELS for the period of time
stated in the notice and until all conditions are met. Upon the successful
completion of the period of time and all requirements stated in the Level 2
Public Notification, the notification is removed from public view in AELS, but
is maintained permanently in the educator's files at the Division;
9.2.3 The suspension or temporary nonrenewal
of a license are reported on AELS and the NASTDEC Clearinghouse. Upon the
reinstatement of the license, AELS and the NASDTEC Clearinghouse will reflect
that the license is reinstated, and the suspension or temporary nonrenewal is
maintained permanently in the educator's files at the Division;
9.2.4 A Level 3 Public Notification of Ethics
Violation is reported in AELS. Upon the successful completion of the period of
time and all requirements stated in the Level 3 Public Notification, the
recommendation against employment and volunteering is removed from AELS, but
the evidence of a Level 3 Public Notification is maintained permanently in the
educator's files at the Division;
9.2.5 The revocation or permanent nonrenewal
of a license is permanently reported on AELS and the NASDTEC Clearinghouse and
is maintained permanently in the educator's files at the Division;
and
9.2.6 A Level 4 Public
Notification of Ethics Violation is permanently recorded on public view in AELS
and maintained permanently in the educator's files at the Division.
9.3 AELS will contain the
following information:
9.3.1 The Standard of
Ethical Conduct violated;
9.3.2 The
sanction approved by the State Board; and
9.3.3 A copy of the final order of the State
Board.
9.4 Records of
the Ethics Subcommittee and Ethics Hearing Subcommittee shall be retained in
accordance with the Arkansas General Records Retention Schedule.
9.5 In accordance with Ark. Code Ann. §
6-17-428, all records and all
hearings, meetings, and deliberations of the Ethics Subcommittee and Ethics
Hearing Subcommittee relating to an ethics complaint are confidential and
exempt from the Freedom of Information Act of 1967, Ark. Code Ann. §
25-19-101 et seq.
9.6 All documents relied upon by the State
Board for its decision-making at a public hearing are public record.
9.6.1 All hearings before the State Board are
publicly viewable through live-streamed video and are archived on the Division
website.
9.6.2 State Board orders
concerning ethics violations are publicly available on the Division website.
Orders on written reprimands, probation and suspension will be removed after
the educator has met the terms of the State Board order and after the
expiration of two (2) years from the date of the order, but orders issuing a
sanction longer than two (2) years shall remain on the website for the duration
of the sanction and until the educator has met the terms of the State Board
order. For nonrenewal or revocation, orders shall remain permanently on the
Division website.
9.7
Subject to preemption or prohibition by other state or federal law, all records
pertaining to an ethics complaint are open for inspection and copying by the
person against whom the complaint is lodged and his or her representative.
Videos, recordings, or other materials that the PLSB cannot redact will be made
available to the educator or his or her representative at the PLSB office
only.
9.8 Information such as
personal contact information, social security numbers, student names, and other
information protected by state or federal law will be redacted or released as
permitted by law.
9.9 In accordance
with Ark. Code Ann. §
25-15-208, disclosure shall not be
required of the research or records, correspondence, reports, or memoranda to
the extent that they contain the opinions, theories, or conclusions of the
attorney for the agency or members of his or her staff or other state
agents.
10.0
Mandatory Filing of Allegation and Ethics Violations Review
10.1 Within twenty-four (24) hours of a
matter coming to the attention of a public school supervisor, a supervisor at
an Arkansas public educational setting shall file an ethics complaint if he or
she observes, or has reasonable cause to suspect, or there is a substantiated
allegation that an educator has violated Standard 1 of the Code of
Ethics.
10.2 The failure to submit
an ethics complaint under this section is a violation of Standard 3.
10.3 This provision does not satisfy the
legal obligation by the supervisor or an educator as a mandated reporter of
child maltreatment under Ark. Code Ann. §
12-18-402 of the Child
Maltreatment Act.
11.0
Procedures for the Investigation of an Ethics Complaint
11.1
Submitting an Allegation of
Violation of the Code of Ethics - Any person wishing to submit an
allegation of an ethics violation must use the Allegation of Violation form
(allegation form) developed by the PLSB.
11.1.1 An allegation form shall be completed
and signed under penalty of perjury by the complainant. Only an original
signature will be accepted. A facsimile or electronic signature on the form
will not be accepted and the form will be returned or the complainant will be
required to submit a form with an original signature.
11.1.2 An allegation form shall be submitted
to the Assistant Commissioner designated on the allegation form. The Assistant
Commissioner shall forward the allegation form to the PLSB office for filing.
11.1.2.1 The allegation form may be filed
with the PLSB by submitting it to the Division, a public school district, or a
public school superintendent.
11.1.2.2 If an allegation form is received by
a public school district or a public school superintendent, the public school
district or superintendent must forward all signed allegations directly to the
Division; the failure to do so may be considered a violation of the Code of
Ethics.
11.2
Automatic submission for investigation - The following will
automatically go to the Ethics Subcommittee of the PLSB for the opening of an
investigation:
11.2.1 Public information that
an educator may have committed a violation of the Code of Ethics; and
11.2.2 Audit reports forwarded to the
Division by the Arkansas Joint Auditing Committee pursuant to Ark. Code Ann.
§
6-17-426.
11.2.3 If the Ethics Subcommittee votes that
the Chair should submit an allegation form, the Chair shall recuse herself or
himself from any further consideration of the complaint. If necessary, the PLSB
may appoint a board member to the Ethics Subcommittee for the limited purpose
of resolving a complaint filed under this section.
11.3
Validation - The
Investigators of the PLSB will review the allegation form and verify that the
allegation form:
(1) has been submitted by an
identifiable person;
(2) was
signed under penalty of perjury;
(3) concerns alleged unethical conduct and;
(4) obtain any updated information
and/or additional evidence concerning the allegations, from the time the
allegation was originally submitted to the PLSB.
11.3.1 After an allegation of a violation is
validated, it cannot be withdrawn by the complainant. However, the Ethics
Subcommittee may take a written request for withdrawal into consideration when
determining whether to authorize an investigation based on the
allegation.
11.4
Action by the PLSB on an Allegation of Violation - An allegation
will become a complaint once it has been:
11.4.1 Filed with the PLSB as provided under
11.01 with an original signature;
11.4.2 Validated by one of the PLSB
Investigators as being submitted by an identifiable person; and
11.4.3 Determined by the Ethics Subcommittee
as credible and if true, would constitute a violation by an Arkansas educator
of the Code of Ethics as set forth in these rules.
11.5
Action by the PLSB Ethics
Subcommittee11.5.1 The Ethics
Subcommittee will determine whether to grant authority to the PLSB
investigative staff to investigate the allegation. Authority to investigate the
allegation will be based upon a reasonable belief that the allegation, if true,
constitutes a violation of the Code of Ethics committed by the alleged
educator.
11.5.2 Any member of the
Ethics Subcommittee of the PLSB who works with or for the educator against whom
the allegation is submitted shall recuse himself/herself from any discussion,
hearing, or deliberations concerning the accused educator. A member shall
recuse himself/herself if there is any relationship or other potential conflict
of interest that would prevent him/her from making a fair and impartial
decision on the educator's case.
11.5.3 The Ethics Subcommittee is not limited
to the standard alleged on the form but may consider all of the evidence
submitted with the allegation in determining which, if any, standard may have
been violated.
11.5.4 If the Ethics
Subcommittee votes not to authorize investigation, the allegation shall be
dismissed and the matter shall be closed without further action against the
educator. There is no notification to the educator either of the allegation or
of the denial of authority to investigate.
11.5.5 If the Ethics Subcommittee votes to
authorize investigation of the allegation, the allegation becomes an authorized
ethics complaint.
11.5.5.1 Within ten (10)
business days of authorization, the PLSB staff shall notify the named educator
in writing concerning the initiation of the investigation and provide the
educator with a copy of:
11.5.5.1.1 The
complaint and documents or evidence provided by the complainant, as provided in
Section 9.00; and
11.5.5.1.2 The
provisions of Ark. Code Ann. §
6-17-428 or other state statutory
law applicable to an ethics violation and the applicable rules in effect at the
time the ethics complaint is filed.
11.5.5.2 The PLSB staff shall also provide to
the complainant written notice of the authorization to investigate their
alleged violation(s).
11.5.6 If, in the course of an authorized
investigation, the PLSB investigative staff discovers credible information that
the named educator has committed additional violations of the Code of Ethics,
the PLSB staff may request additional authority to investigate from the Ethics
Subcommittee.
11.5.6.1 The authorization of an
additional investigation will restart the calculation of the statutory
timelines.
11.5.7 In the
event that PLSB staff discovers credible information that another educator has
violated the Code of Ethics the PLSB staff may request that the Ethics
Subcommittee Chair submit an allegation form with the Division. If the Ethics
Subcommittee votes that the Chair should submit an allegation form, the Chair
shall recuse herself or himself from any further consideration of the
complaint. If necessary, the PLSB may appoint a board member to the Ethics
Subcommittee for the limited purpose of resolving the complaint.
11.6
Completion of the
Investigation11.6.1 The Ethics
Subcommittee shall complete its investigation of an ethics complaint and take
action within:
11.6.1.1 One hundred fifty
(150) calendar days of authorizing the investigation; or
11.6.1.2 If a hearing is conducted, within
one hundred eighty (180) calendar days of authorizing the
investigation.
11.6.2
Upon completion of the investigation and final report of investigation, the
PLSB staff will provide to the accused educator or his or her representative:
11.6.2.1 The final report of
investigation;
11.6.2.2 Except as
provided under Section 9.00, a copy of the documents and evidence concerning
the investigation of the ethics complaint.
11.6.2.2.1 If the educator requests a
transcript of a video or recording, the PLSB office may provide the transcript,
redacted as necessary.
11.6.2.2.2
At its option, the PLSB may outsource the transcription at the educator's
expense.
11.6.2.2.3 If a request
for a transcript will cause the resolution of the case to exceed the statutory
timeline, the PLSB may decline the transcript request or request that the
educator agree to extend the timeline until the educator receives and submits
payment for the transcript;
11.6.2.3 Written notice that the Ethics
Subcommittee will consider taking action against the named educator;
and
11.6.2.4 A copy of the rules in
effect at the time the ethics complaint is filed.
11.6.3 The named educator or his/her attorney
will be allowed fourteen (14) calendar days from receipt of the final report,
notice, documentation, and evidence from the PLSB staff to submit any further
response in writing.
11.6.4 The
educator or his/her attorney may request additional time to respond to the
final report, notice, documentation and evidence received from the PLSB staff
regarding the investigation.
11.6.5
At the conclusion of the fourteen (14) calendar days or upon receiving the
written response from the educator, the PLSB staff will send the final report
of investigation and educator's response to the members of the Ethics
Subcommittee.
11.6.6 The PLSB will
consider a notice as received on the earliest of one of the following dates:
11.6.6.1 The date a letter mailed by
certified mail was received by the educator, as confirmed with the United
States Postal Service;
11.6.6.2 On
the tenth (10th) calendar day from the date a letter was mailed by regular
mail, if the educator or his or her representative does not sign for the
certified letter, and the letter sent by regular mail is not returned to the
PLSB; or
11.6.6.3 The date the
educator or his or her representative accesses the documents sent by secure
file link.
12.0
Procedures for the Initial
Determination and Recommendation of the Ethics Subcommittee
12.1 The Ethics Subcommittee shall take
action on the ethics complaint by making an initial determination and
recommendation not more than sixty (60) days after receipt of:
(1) the educator's written response to the
final report of investigation, or
(2) the expiration of the educator's time to
provide a written response to the final report of investigation.
12.1.1 The Ethics Subcommittee shall review
the results of the investigation including the PLSB staffs final report of
investigation and, if submitted as required by these rules, the written
response from the educator who is the subject of the ethics
complaint.
12.1.2 Following the
review, if the Ethics Subcommittee finds that the educator violated the Code of
Ethics as set forth in these rules, the Ethics Subcommittee shall issue an
initial decision and may recommend any appropriate action as set forth in these
rules.
12.1.2.1 The Ethics Subcommittee shall
refer to the Sanction Guidelines for Ethical Violations approved by the PLSB
(Appendix D) when making the initial determination and
recommendation.
12.1.3
The initial recommendation shall be considered a proposal for decision under
Ark. Code Ann. §
25-15-210 and shall contain a
statement of the reasons for the decision and each issue of fact or law
necessary for the decision.
12.1.4
Private Letter of Caution- The Ethics Subcommittee may also issue
a Private Letter of Caution in lieu of recommending a disciplinary
action.
12.2
Notice
to the Educator12.2.1 The PLSB staff
will notify the named educator in writing of the recommendation of the Ethics
Subcommittee within ten (10) business days following the Ethics Subcommittee's
initial determination and recommendation.
12.2.2 The notice will further inform the
educator that he or she may request an evidentiary hearing, at which the Ethics
Hearing Subcommittee may retain the Ethics Subcommittee's recommendation, or
may modify it, including finding no evidence to support a finding of a
violation.
12.2.3 There is no right
to an evidentiary hearing or an appeal from a Private Letter of
Caution.
12.3
Educator's response12.3.1 The
educator may reject the recommendation of the Ethics Subcommittee of the PLSB
and request an evidentiary hearing before the Ethics Hearing Subcommittee by
submitting the request to the PLSB attorney in writing within fourteen (14)
calendar days of the date the educator receives the notice.
12.3.2 If an educator fails to respond to
notification of the initial recommendation of the Ethics Subcommittee within
fourteen (14) calendar days, the initial recommendation will become a final
recommendation without an evidentiary hearing and will be forwarded to the
State Board for a final decision.
12.3.3 The PLSB staff shall notify the
educator that the final recommendation will be submitted to the State Board as
part of its consent agenda.
12.3.3.1 The State
Board may remove the case from its consent agenda and set the case for further
review pursuant to Section 16.01.
12.3.4 If the educator allows his or her
license to expire after the date of the alleged ethics violation, the complaint
process will continue through its completion.
12.4
Notice to Complainant - The
PLSB staff shall provide a written notice to the complainant when the Ethics
Subcommittee determines the evidence does not support a finding of an ethical
violation and closes the file. However, the Ethics Subcommittee rationale for
not authorizing an investigation shall remain confidential.
13.0
Motions before the Ethics
Subcommittee or Ethics Hearing Subcommittee
13.1 An educator or his or her representative
who has requested an evidentiary hearing may file a motion by serving it on the
attorney for the PLSB who shall file-stamp the motion indicating the date it is
received and promptly transmit the motion(s) to the Chair of the Ethics Hearing
Subcommittee for consideration at the next available Ethics Hearing
Subcommittee meeting.
13.2 Once an
evidentiary hearing has been requested, all motions must be filed no later than
fourteen (14) calendar days before the scheduled date of the hearing. The
responding party shall have seven (7) calendar days to respond to a
motion.
13.3 Filing a motion that
requests that the Ethics Hearing Subcommittee take an action prior to the
requested or scheduled evidentiary hearing extends the time limits set out in
these rules and Ark. Code Ann. §
6-17-428 by the amount of time
required to rule on the motion.
13.4 Requests regarding procedural matters,
including requests for additional time for the hearing or for continuation of a
hearing or proposed stipulated settlements, may be considered on the motions or
papers submitted, or the Ethics Hearing Subcommittee Chair may allow oral
argument. The PLSB attorney and the educator may propose a stipulation to
dispose of any procedural or substantive matters at any time subject to final
approval by the Ethics Hearing Subcommittee.
13.5 The Chair of the Ethics Hearing
Subcommittee Chair may consider any motion that is not timely filed as set
forth herein when there is good cause for the untimely
filing.
14.0
Evidentiary Hearings
14.1
Request for and scheduling of an evidentiary hearing
14.1.1 If the educator requests an
evidentiary hearing, the hearing will be held before the Ethics Hearing
Subcommittee within one hundred eighty (180) days of the date the investigation
was authorized, or at a time and date agreed between the parties.
14.1.2 The PLSB staff shall notify the
educator in writing of the date, time and location of the evidentiary
hearing.
14.1.3 Each party shall
disclose to the other the names of all witnesses and identify all evidence the
party intends to use at the hearing. The notice will also state a date by which
the exchange shall take place.
14.1.4 The educator or the PLSB
representative may request a continuance of a scheduled evidentiary hearing.
Such a request shall be made in the form of a written motion as provided in
Section 13. For reasonable circumstances, including without limitation,
inclement weather, state or national emergencies, or other unforeseeable
events, the Ethics Hearing Subcommittee may, on its own motion, continue a
scheduled evidentiary hearing.
14.2
Hearing procedures
14.2.1 An evidentiary hearing shall be
conducted on the record before a court reporter.
14.2.2 Any member of the Ethics Hearing
Subcommittee of the PLSB who works with or for the educator against whom the
allegation is submitted shall recuse himself/herself from any discussion,
hearing, or deliberations concerning the accused educator. A member shall
recuse himself/herself if there is any relationship or other potential conflict
of interest that would prevent him/her from making a fair and impartial
decision on the educator's case.
14.2.3 The Ethics Hearing Subcommittee may
use a hearing officer.
14.2.4 The
chair of the Ethics Hearing Subcommittee or the hearing officer, if a hearing
officer is present, shall ensure that the evidentiary hearing is conducted
according to the procedures outlined in this section.
14.2.5 Once the Ethics Hearing Subcommittee
members become aware of the name of the educator who has requested a hearing,
subcommittee members shall not discuss the case with anyone prior to the
hearing or conduct any research related to the educator or the case.
14.2.6 No individuals, other than the
parties, attorneys, hearing officer, witnesses while testifying, subcommittee
members, the PLSB investigator or other PLSB staff, and court reporter will be
allowed in the hearing room during the hearing. While off the record or on
breaks, the educator, his or her attorney, and the PLSB staff shall leave the
hearing room.
14.2.7 The Ethics
Hearing Subcommittee shall use the "preponderance of the evidence" standard to
determine whether a violation of the Code of Ethics occurred. The
representative of the PLSB will have the burden of proving each fact of
consequence to the determination by a preponderance of the evidence.
14.2.8 A representative of the PLSB and the
educator (or his/her attorney) shall have up to one (1) hour each to present
their cases to the Ethics Hearing Subcommittee. The Chair of the Ethics Hearing
Subcommittee may grant additional time to either or both parties, if necessary.
14.2.8.1 A motion for additional time will be
considered timely if it is submitted to the Ethics Hearing Subcommittee as
provided in Section 13.
14.2.9 Witnesses shall be sworn in by the
Chair or hearing officer. Except for the educator and PLSB investigator,
witnesses shall remain outside of the hearing room until called to testify. The
proceedings of the Ethics Hearing Subcommittee are by law confidential and
witnesses shall not discuss the case or any evidence or documents concerning
the case before, during, or after the hearing except in the presence of the
Ethics Hearing Subcommittee.
14.2.10 Each party will have the opportunity,
should it so choose, to make an opening statement. The statement shall be no
longer than five (5) minutes in length. The Chair or hearing officer may grant
additional time to either or both parties, if necessary.
14.2.11 The PLSB shall present its case (and
opening statement, if it so chooses) first.
14.2.12 Any written documents, photographs or
any other items of evidence may be presented to the Ethics Hearing Subcommittee
with the permission of the Chair or hearing officer.
14.2.12.1 The items of evidence shall be
marked as either "PLSB Exhibit Number l(et seq.)" or "Educator's Exhibit Number
1 (et seq.)."
14.2.12.2 After an
item of evidence has been presented to the Ethics Hearing Subcommittee, the
introducing party shall give one (1) copy to the court reporter for the record
and one (1) copy to each member of the Ethics Hearing Subcommittee and hearing
officer.
14.2.13 After
one party has questioned a witness, the other party shall have an opportunity
to cross-examine the witness. The Chair or hearing officer may also grant
either party the opportunity for re-direct examination or to offer rebuttal
testimony.
14.2.14
Cross-examination, re-direct, and rebuttal are not included in the one-hour
time period for case presentation, but the limitation or extension of time is
at the discretion of the Chair or hearing officer.
14.2.15 While the scope of each party's
presentation ultimately lies within the Chair's or hearing officer's
discretion, case presentation should be arranged in such a way as to avoid
redundant testimony.
14.2.16 Each
member of the Ethics Hearing Subcommittee shall also have the opportunity to
ask questions of any witness or any party at any time.
14.2.17 After the rebuttal evidence has been
presented, the educator shall have up to ten (10) minutes to present a closing
statement, if desired. The Chair or hearing officer may grant additional time
if necessary.
14.2.18 After the
educator has made a closing statement, or waived the opportunity for the same,
the representative of the PLSB shall have up to ten (10) minutes to make
his/her closing statement, if desired. The Chair or hearing officer may grant
additional time if necessary.
14.2.19 Ethics Hearing Subcommittee members
should not talk or otherwise communicate with the educator or witnesses while
off the record at the hearing, including before or after the hearing begins,
not even to exchange pleasantries.
14.2.20 The Ethics Hearing Subcommittee may:
14.2.20.1 Maintain, reject, or modify the
Ethics Subcommittee recommendation; or
14.2.20.2 Issue a non-punitive Private Letter
of Caution.
14.2.21
After closing statements have been made (or the opportunity to make them has
been waived), the Ethics Hearing Subcommittee may go off the record for
deliberations and will ask that all parties leave the room during this time.
After a decision has been made parties will be asked to return to the hearing
room and the Ethics Hearing Subcommittee will orally announce the decision or
may take the case under advisement and render a decision at a later
time.
14.2.22 The Ethics Hearing
Subcommittee shall state in its written decision the following:
14.2.22.1 Its determination as to whether the
educator violated one or more standards of the Code of Ethics;
14.2.22.2 Its findings as to the evidence
supporting each determination of a violation;
14.2.22.3 Its recommendation to the State
Board, if any, for disciplinary action, including the sanction, conditions, and
time periods to be met; and
14.2.22.4 A statement of each issue of fact
or law necessary for the decision.
14.2
Notice of Evidentiary Hearing
Decision14.3.1 Within ten (10)
business days following the action taken by the Ethics Hearing Subcommittee,
the PLSB staff will notify the educator in writing of the Ethics Hearing
Subcommittee's action taken on the evidentiary hearing.
14.3.2 Following the notice of action taken,
the PLSB attorney shall send to the educator:
14.3.2.1 The Ethics Hearing Subcommittee's
written findings and Recommendation.
14.3.2.1.1 The evidentiary hearing
recommendation is a proposal for decision under Ark. Code Ann. §
25-15-210.
14.3.3 After receiving the written
findings and recommendations, the educator may object and request a review by
the State Board pursuant to Section 14.04.
14.3
Educator's Request for State Board
Review14.4.1 The educator shall have
fourteen (14) calendar days from the receipt of the written findings and
recommendations of the Ethics Hearing Subcommittee to object and request a
review by the State Board.
14.4.2
If the educator does not request a State Board review within the 14-day period,
the findings and recommendation shall become final and the PLSB will submit
them to the State Board for placement on its consent agenda.
14.4.2.1 The State Board may remove the case
from its consent agenda and set the case for further review pursuant to Section
16.01.
15.0
Subpoenas
15.1 At the request of a party to a
proceeding pending before the PLSB or its subcommittees, the Chair of the PLSB
may issue a subpoena and bring before the PLSB, or the Chair of the Ethics
Hearing Subcommittee may issue a subpoena and bring before the Ethics Hearing
Subcommittee, as a witness any person in this state. The PLSB Chair or the
Chair of the Ethics Hearing Subcommittee may, on his or her own motion, issue a
subpoena at any time.
15.2 A party
requesting a subpoena must make the request in writing to the PLSB staff
attorney. Requests for subpoenas made to the PLSB shall be delivered to the
office of the PLSB Attorney no later than ten (10) calendar days prior to the
PLSB hearing for which the subpoena is requested.
15.3 The party requesting the subpoena is
responsible for serving the subpoena on the witness in the manner provided for
by statute or rule for the service of subpoenas in civil cases or by any form
of mail addressed to the person to be served with a return receipt requested
and delivery restricted to the addressee or agent of the addressee. The
requesting party is responsible for the payment of any fees or mileage
associated with the appearance of the witness subject to the
subpoena.
15.4 The subpoena shall:
15.4.1 Be in the name of the PLSB or the PLSB
Ethics Hearing Subcommittee as applicable;
15.4.2 State the name of the proceeding;
and
15.4.3 Command each person to
whom it is directed to give testimony at the time and place specified in the
subpoena in one (1) of the following ways:
15.4.3.1 In person;
15.4.3.2 Before a certified court reporter
under oath at the place of the witness' residence or employment;
15.4.3.3 By video-taped deposition at the
place of the witness' residence or employment, or at another location agreed to
between the parties; or
15.4.3.4 By
live video communications from the witness' residence, place of employment, or
a nearby facility capable of providing video transmission to the PLSB or the
Ethics Hearing Subcommittee.
15.5 The manner of providing testimony under
the subpoena shall be conducted by video conference testimony unless another
manner is agreed upon by the PLSB or the Ethics Hearing Subcommittee, as
applicable, and the person who is the subject of the subpoena.
15.6 The subpoena may require the witness to
bring with him or her any book, writing, or other thing under his or her
control that he or she is bound by law to produce in evidence.
15.7 A witness who has been served by
subpoena and who appears in person to testify at the trial or case pending
before the PLSB or the Ethics Hearing Subcommittee shall be reimbursed for
travel and attendance as provided by law.
15.7.1 The cost of serving a subpoena and all
associated costs for the testimony, such as a deposition, shall be borne by the
requesting party.
15.8
If a witness is served with a subpoena and fails to provide testimony in
obedience to the subpoena, the PLSB may apply to the circuit court of the
county in which the PLSB is holding the proceeding for an order causing the
arrest of the witness and directing that the witness be brought before the
court.
15.8.1 The court will have the power to
punish the disobedient witness for contempt as provided by the Arkansas Rules
of Civil Procedure.
15.9
A witness who has been served with a subpoena may challenge the validity of the
subpoena in the circuit court of the county in which the witness resides or is
employed.
16.0
State Board Review
16.1 The State
Board may remove a PLSB recommendation from its consent agenda for further
review as follows:
16.1.1 The State Board will
request that the review be placed on the action agenda for its next available
regularly scheduled monthly board meeting and provide its rationale for the
review.
16.1.2 The educator or
his/her attorney may elect to:
16.1.2.1 Appear
at the subsequent review meeting and have the opportunity to make a statement
at the State Board review for up to ten (10) minutes. The PLSB may also have up
to ten (10) minutes to testify. Additional time may be granted at the
discretion of the board chair. The board members may ask questions of either
party at the subsequent review; or
16.1.2.2 Request a full review of the
evidentiary hearing transcript and evidence, if an evidentiary hearing has
already been conducted and the State Board is removing a consent agenda item
for a recommendation from the PLSB Evidentiary Hearing Subcommittee.
16.1.3 If the educator or his/her
attorney does not make any of the above elections, or does not appear for the
subsequent review meeting, the State Board shall conduct the subsequent review
without the educator or his/her attorney and make a final decision.
16.1.4 The State Board's final decision, made
at the meeting at which the subsequent review is conducted, may be appealed by
the educator to Circuit Court as provided under Section 17.00.
16.2 When an educator objects to
the Ethics Hearing Subcommittee's evidentiary hearing findings and
recommendation, the educator may request a review by the State Board by filing
with the PLSB attorney his or her written objections and brief within fourteen
(14) calendar days of receiving the Ethics Hearing Subcommittee's written
findings and recommendations on the evidentiary hearing.
16.2.1 The parties may agree to allow the
educator additional time to file the written objections and brief. The
educator/educator's attorney may also request that the State Board grant the
educator additional time to file the written objections and brief. A request
for additional time shall specify the reason for the request and shall be in
the form of a written motion. The PLSB attorney will provide the State Board
with the motion and any response.
16.3
Written Objections and
Briefs16.3.1 The transcript will be
provided to the State Board by the PLSB attorney and the educator should not
include any part of the transcript in the written objections and
brief.
16.3.2 The written
objections, brief, and PLSB's response shall use the following caption and
shall bear the signature of the party or, if represented by counsel, the
attorney for the party:
Click here to view
image
16.3.3 The
PLSB attorney may file a written response to the educator's objections and
brief within fourteen (14) calendar days of receipt of the educator's
objections and brief.
16.3.4 The
PLSB attorney shall prepare a redacted copy of the Ethics Hearing Subcommittee
hearing transcript and hearing exhibits to be filed with the State
Board.
16.3.5 The PLSB's findings
and recommendations, the educator's objections and brief, the PLSB's response,
and the redacted transcript will be submitted to the State Board and will be
heard by the State Board at the next available meeting date or at a later date
if agreed between the parties.
16.3.6 All requests for an extension of time
to file written objections or responses, for extended time for oral argument,
or for any other prehearing matter shall be made in the form of a motion to the
State Board Chair in a timely manner to give notice and opportunity for a
response to the other party before the hearing date. The PLSB attorney will
provide the State Board with the motion and any response.
16.4
Oral Argument; Testimony
16.4.1 Either the PLSB or the educator may
request oral argument.
16.4.2 The
request should be submitted in writing by the party at the time the written
objections or response, as applicable, is filed.
16.4.3 If oral argument is requested, the
PLSB attorney shall introduce the item on the agenda, then the educator will
have ten (10) minutes to present an oral argument in opposition to the findings
and recommendations.
16.4.4 The
PLSB's attorney will then have (10) minutes for oral argument in support of the
findings and recommendations.
16.4.5 Upon good cause shown, the Chair of
the State Board may grant either party additional time for oral
argument.
16.5
Testimony
16.5.1 The hearing is
on the consideration of the transcript, the pleadings, and oral argument only.
However, at the request of the State Board Chair, the educator and the PLSB
investigator for the case may provide testimony. All testimony from the
educator, or the PLSB investigator shall be given under oath.
16.6
Order; Findings
16.6.1 After consideration of the findings
and recommendations, the records, objections, briefs, and arguments, the State
Board shall issue a decision on the record and will provide a final written
decision, including findings of fact and conclusions of law, separately
stated.
16.7
Notices16.7.1 Following the
issuance of the State Board's final written order, the PLSB staff shall provide
the following written notices:
16.7.1.1
Notice to Educator - Within thirty (30) calendar days following
the State Board review, the PLSB shall provide to the educator by personal
service or by mail a copy of the final decision or order.
16.7.1.2
Notice to Complainant -
The PLSB staff shall provide written notice to the complainant when the State
Board has issued its final written order on the recommendation of the Ethics
Subcommittee or Ethics Hearing Subcommittee.
16.7.1.3
Notice to Employing
Educational Entity - The PLSB staff shall provide written notice to the
employing educational entity, if any, when the educator's license has been
suspended, nonrenewed (temporarily or permanently), or revoked by the State
Board or a Level 2, 3, or 4 Public Notice of Ethics Violation is approved by
the State Board.
17.0
Appeal to Circuit Court
17.1 The educator may file an appeal of the
State Board's final order to circuit court within thirty (30) days pursuant to
the Arkansas Administrative Procedure Act, Ark. Code Ann. §
25-15-201 et seq.
17.2 The 30-day time period for filing an
appeal in circuit court shall run from the date the educator receives the final
written order of the State Board.
Appendix A
Summary of Timeline for the Ethics Complaint
Process
|
PLSB Action |
Educator
Action |
Deadline |
|
Initial Review of Allegation / Authorization of
Investigation | |
First available meeting following verification of an
allegation of violation |
|
Notice to Complainant if no Authorization of
Investigation | | |
|
Notice to Educator of Authorization of
Investigation | |
10 business days after authorization |
|
Response of Educator to Ethics
Complaint |
14 calendar days after receiving notice |
|
Response to Final Report and
Investigation |
14 calendar days after receiving notice |
|
Initial Determination and
Recommendation | |
First available meeting after receiving the response or
expiration of educator's response time (within 150 days after authorization of
investigation) |
|
Response of Educator to Initial Determination and
Recommendation notice (reject and request evidentiary hearing) |
14 calendar days of receiving the notice |
|
If no rejection schedule for State Board consent
agenda | |
Placed on the next available agenda. State Board may
remove from consent and set for subsequent review. |
|
If rejected, schedule Evidentiary
Hearing | |
Scheduled within 180 days from the date the
investigation was authorized, unless the parties agree otherwise |
|
Motions concerning a hearing |
Motions concerning a hearing |
14 calendar days before hearing date |
|
Request for subpoenas |
10 calendar days before hearing date |
|
Taking action on evidentiary
hearing | |
At the conclusion of the hearing, or at a later time if
taken under advisement |
|
Notice to Educator of action
taken | |
10 business days after taking action |
|
Notice to Educator of written findings and
recommendations | |
As soon as is practicable after receipt of the hearing
transcript |
|
Response to notice of the findings and recommendation
(submits a request for State Board review by filing written objections and
briel) |
14 calendar days of receiving the written findings and
recommendations |
|
Response to educator's written objections and
brief | |
14 calendar days after receiving written objections and
brief |
|
Scheduling State Board review | |
Placed on the action agenda for the next available
State Board meeting |
|
Notice to Educator of State Board Order; Notice to
Complainant of State Board Order | |
As soon as is practicable after receipt of the hearing
transcript |
|
Filing of an appeal to Circuit Court |
Within 30 days of receiving the written order of the
State Board |
Appendix B
Potential Sanctions and
Fines
|
Potential
Sanction |
Fine |
|
Letter of Caution - A non-punitive
communication from the Ethics Subcommittee to privately inform the educator
that the conduct is a violation, but the circumstances and mitigating factors
do not warrant disciplinary action. |
N/A |
|
Written Reprimand or Level 1 Public Notification
- To publicly admonish and caution that further unethical conduct will
lead to a more severe action. |
up to $100 |
|
Probation of License or Level 2 Public
Notification - To publicly admonish and place conditions or requirements
on the educator and/or status of a license for a specified period of
time. |
up to $250 |
|
Suspension of License or Level 3 Public
Notification - To publicly admonish or place conditions or requirements
on the educator; to notify the public that during the specified period the
educator is not recommended for licensure, employment or volunteering in an
education setting; and to temporarily invalidate an educator's license for a
specified period of time. |
up to $500 |
|
Revocation of License, Non-renewal, NonIssuance,
Level 4 Public Notification - To notify the public that the educator is
not recommended for employment or volunteering in an educational setting, is
not eligible for future licensure, and to permanently invalidate an educator's
license. |
up to $500 |
Non-payment of fines may subject the educator to
further disciplinary action.
Appendix C
Explanations and Guidance to Clarify the Intent of the
Code of Ethics
The purpose of this Appendix C is to provide
greater clarity and intent of each ethical standard listed in Section 6.00 of
this rule. Therefore, Appendix C is not designed to supersede
the required standard of ethical conduct but rather to provide some rationale
of the intent and purpose and thus the proper application of each ethical
standard of conduct. It is recognized that Appendix C is a
general application of the intent and purpose of each ethical standard and is
considered a guide and not all inclusive of each and every interpretation and
application of the Code of Ethics as required in Section 6.00.
Employer/Employee or Contractual
Relationship. The Code of Ethics is designed as a model of
minimum standards for maintaining the public's respect for, and support of,
educators. It is not intended to regulate the employer/employee or contract
relationship between any public school district and its educators.
The Code of Ethics is an overarching and superior set of
standards and rules intended to establish and contribute to the development and
maintenance of a supportive student-focused learning community that values and
promotes human dignity, fairness, care, the greater good, and individual
rights.
|
Standard 1 An educator maintains a professional
relationship with each student, both in and outside the
classroom. |
Guidance: This standard goes to the
core of a professional educator's expected conduct and relationship with all
students and transcends criminal behavior or other actions which violate law.
The professional relationship with students is such behavior and action which
promotes at all times the mental, emotional, and physical health and safety of
students. An educator should show respect for and not demean, embarrass, or
harass students.
An educator should not participate in and should discourage
bullying based on such characteristics as race, national origin, color, gender,
sexual orientation or identity, age, disability, or religion. "Bullying" means
the intentional harassment, intimidation, humiliation, ridicule, defamation, or
threat or incitement of violence against a student by a written, verbal,
electronic, or physical act that may address an attribute, as defined in A.C.A.
§
6-18-514, of the student and that
causes or creates actual or reasonably foreseeable:
(a) physical harm to a student or damage to
the student's property;
(b)
substantial interference with a student's education; or
(c) a hostile educational environment for one
(1) or more students due to the severity, persistence, or pervasiveness of the
act.
Educators should maintain professional relationships with
students while using socialnetworking technology tools.
A professional relationship is one where the educator maintains
a position of educator/student authority with students even while expressing
concern, empathy, and encouragement for students. In that position of
authority, an educator may nurture the student's intellectual, physical,
emotional, social and civic potential. An educator may display concern and
compassion for a student's personal problems and, when appropriate, refer the
student for school counseling or other help.
|
Standard 2 An educator maintains competence
regarding his or her professional practice, inclusive of professional and
ethical behavior, skills, knowledge, dispositions, and responsibilities
relating to his or her organizational position. |
Guidance: This standard addresses the
professional educator's obligation to implement best practices and maintain
competence in skills and knowledge. An educator has many dispositions that are
required in the course of instruction. Educators have a responsibility to
exercise professionalism and competence when dealing with members of the school
community. Members of the school community include, but are not limited to,
administrators, teachers, staff, parents, guardians, school board members,
residents of the school district's community.
|
Standard 3 An educator honestly fulfills
reporting obligations associated with professional
practices. |
Guidance: This standard covers those
situations where there is an intentional or knowing attempt to deceive or
mislead an educational entity. Honest errors or mistakes or inaccuracies are
not intended to be encompassed by this standard. To uphold this standard and
educator should be honest when reporting data and information to the DESE, the
Arkansas Legislative Audit, the Arkansas State Board of Education, and other
state and federal governmental agencies. Honestly reporting grades is also a
part of this standard. It is also important that an educator honor this
standard when giving information to recommend an individual for employment,
promotion, or licensure as well as when reporting professional qualifications,
criminal history, college credits and degrees, awards, and employment history.
Similarly the failure to timely submit information covers those situations
where there is a knowing failure to submit or provide information. The State
Board of Education may take direct action to revoke, suspend, or place on
probation an educator whose conduct violates Ark. Code Ann. §
6-17-410(d)(l)(A)(vii) and
(viii) without submission of an ethics
complaint. It is important to note that noncompliance with mandated child abuse
reporting laws also falls within this standard.
|
Standard 4 An educator entrusted with public
funds and property, including school sponsored activity funds, honors that
trust with honest, responsible stewardship. |
Guidance: An educator must be a good
steward of public funds, personnel and property dedicated to school related
purposes. The use and accounting for these resources under the educator's
control must comply with state and federal laws that regulate the use of public
funds and property. The use of such resources for personal gain, other than
incidental personal benefit for which there is no public education purpose
would not be in keeping with the intent of this standard.
|
Standard 5 An educator maintains integrity
regarding acceptance of any gratuity, gifts, compensation or favor that might
impair or appear to influence professional decision or actions and shall
refrain from using the educator's position for personal
gain. |
Guidance: The standard is intended to
prohibit that conduct which is solely for personal gain and creates an
appearance of a conflict of interest in the role as an educator. The standard
of conduct called for by this section involves an examination of the total
circumstances surrounding the gratuity, gift, compensation, or favor. Factors
to consider include the value of the gratuity, gift or favor, the
reasonableness of any compensation; the timing of the gratuity, gift,
compensation, or favor; and the relationship between the educator and the
person from whom the gratuity, gift, compensation, or favor comes. Pursuant to
Ark. Code Ann. §
6-24-113 an educator may accept
awards and grants as provided for therein. Ark. Code Ann. §
6-24-112 contains some specific
prohibited transactions involving gratuities or offers of employment. The
second part of this standard requires that the educator does not use the
position for personal gain.
|
Standard 6 An educator keeps in confidence secure
standardized test materials and results and maintains integrity regarding test
administration procedures. |
Guidance: When standardized tests are
administered, educators should maintain the confidentiality of those parts of
the standardized test materials that are to remain confidential such as actual
test items and test booklets in accordance with state law, regulation, and
testing policy. This standard applies to all educators, whether licensed or
non-licensed. Licensed educators should be reminded that this standard is in
addition to conduct prohibited by law and the Division of Elementary and
Secondary Education Rules Governing Test Security, Testing Violations, and
Alleged Testing Improprieties. The State Board may take direct action to
revoke, suspend, or place on probation, the license of an educator whose
conduct violates this standard without the filing of an ethics
complaint.
|
Standard 7 An educator maintains the
confidentiality of information about students and colleagues obtained in the
course of the educator's professional services that is protected under state
law or regulations, federal law or regulations, or the written policies of the
educator's school district, unless disclosure serves a professional purpose as
allowed or required by law or regulations. |
Guidance: At times educators are
entitled to and/or for professional reasons need access to certain student
records, as well as other educators' records. Much of this information is
confidential and the educator should maintain that confidence unless the
disclosure serves some legitimate educational purpose as allowed or required by
law. The Family Education Rights and Privacy Act (FERPA) addresses the
confidentiality of certain student records. Such federal and state laws permit
disclosure of some student information and restrict the disclosure of other
student information. Educators should respect and comply with these and other
similar confidentiality laws. Confidential student information may include
student academic and disciplinary records, health and medical information,
family status and/or income, assessment/testing results, and Social Security
information. Educators shall not knowingly or maliciously disclose confidential
information about a student or colleague.
|
Standard 8 An educator, while on school premises
or at school-sponsored activities involving students, refrains
from:
a) using, possessing and/or being under the
influence of alcohol or unauthorized drugs/substances, possessing items
prohibited by law,
b) possessing or using tobacco or tobacco-related
products, ecigarettes, e-liquid, or vapor products, or
c) abusing/misusing prescription medications or
other authorized substances as evidenced by impairment. |
Guidance: This standard sets forth the
expectation of the professional educator concerning using, possessing, or being
under the influence of the listed substances while on school premises or at
school-sponsored activities involving students or being in violation of state
law governing the using, possessing or being under the influence of alcohol,
tobacco, or unauthorized/illegal drugs/substances while on school property or
at school-sponsored activities involving students.
Appendix D
PLSB Sanctioning Guidelines
|
Offense |
Examples |
Beginning Sanction |
|
Drugs/Alcohol |
Educator is under the influence of drug(s) and/or
alcohol on school property or at a school-sponsored event. This includes
prescription medication that impairs the educator's behavior |
Suspension followed by Probation |
|
Failure to Follow District, State, AAA, and/or Federal
policies, procedures, or regulations |
Failing to follow district policy; violating state law;
violating AAA rules and/or regulations; violating federal policies and/or
laws |
Probation |
|
Failure to Report |
Failure to report child abuse to the Child Maltreatment
Hotline; Failure of an administrator to report a Standard 1
violation |
Probation |
|
Failure to Follow IEP/504 |
Not properly following a student's lEP or 504 plan.
This includes not giving modifications or only giving partial
modifications |
Probation |
|
Falsification of Grades and/or
Attendance |
The intentional changing of grades or attendance
records without justifiable rationale |
Probation |
|
Falsification of Documents and/or
Records |
This can include, but is not limited to, the
falsification of lEP or 504 documentation, falsification of letters from
state/federal agencies; falsification of teacher of record; falsifying
signatures |
Probation |
|
FERPA Violation |
Disseminating any student information without an
educational purpose. Student information includes, but is not limited to,
student academic and disciplinary records, health and medical information,
family status and/or income, assessment/testing results |
Probation |
|
Inappropriate Communication
(Non-Student) |
Bullying/harassing co-worker or subordinate; making
malicious or intentionally false statements about a colleague; using coercive
means or promising special treatment to influence professional judgment of
colleagues; using inappropriate language when speaking with parents; failing to
communicate with parents |
Written Reprimand |
|
Inappropriate Communication with a Student
(Sexual/Courting/Amorous) |
Communication in person, electronic, or via social
media that is sexual or courting/amorous in nature. This includes, but is not
limited to: communication about sexual experiences sexual relationships, sexual
objects, sexual videos, and/or sexual pictures; sexual harassment;
showing/demonstrating usage of sexual toys; planning a relationship after the
student graduates; making lewd or suggestive comments or overtures toward a
student; soliciting and/or encouraging a romantic relationship with a
student |
Revocation |
|
Inappropriate Communication with a Student
(Non-Sexual) |
Communication in-person, electronic, or via social
media. This includes, but is not limited to, behaving in an overly friendly or
familiar way or failing to maintain an appropriate professional boundary with a
student, chronically embarrassing a student, displaying prejudice or bigotry
against a student, mocking or belittling a student, using profane, offensive,
or explosive language in the presence of students |
Probation |
|
Inappropriate Interaction with a
Student |
Desk dumping; pulling seats out from under students;
taping students to desk or furniture; throwing objects at students;
bullying/harassing students; being alone with a student in a dark or closed
room or secluded area; behaving in an overly-friendly or familiar way or
failing to maintain an appropriate professional boundary with a student,
administering discipline not compliant with district policy |
Probation |
|
Inappropriate Use of School
Property/Funds |
Using school district email for personal use; sending
and/or receiving inappropriate materials from school computers; not properly
managing school funds; failing to account for funds |
Probation |
|
Release of Employee Information |
Improperly releasing confidential employment records;
releasing employee medical information |
Written Reprimand |
|
Inappropriate and/or Insufficient Supervision of
Students |
Failing to properly supervise students, failing to
ensure student safety, allowing students to engage in unsafe activities,
leaving students unattended for any length of time |
Written Reprimand |
|
Physical Contact with Student Resulting in
Injury |
Any physical contact with a student that results in
bruising, cuts, scrapes, or other visual signs of physical abuse. This can
include hitting, pushing, pinching, or grabbing a student |
Suspension |
|
Physical Contact with Student Resulting in No
Injury |
Any physical contact with a student that does not
result in bruising, cuts, scrapes, or other visual signs of the physical
contact |
Probation |
|
Sexual Contact |
Kissing; Hugging; Sexual Intercourse; Oral
Sex |
Revocation |
|
Testing Violation |
Failing to follow testing procedures as stated in a
testing security agreement |
Written Reprimand |
|
Utilizing Position for Financial Gain |
Accepting gifts for return of a favor or privilege from
students or colleagues |
Written Reprimand |
|
Potential Mitigating
Factors |
Potential Aggravating
Factors |
|
* No history of similar behavior
* Actions or omissions of action are low in
severity
* There is little to no negative impact on
students
* There is little to no negative impact on school
district property and/or funds
* Educator was acting in self-defense or the defense of
others
* There is little to no impact on community and/or
stakeholders
* The educator was acting in good faith
* The educator is novice teacher |
* There is a moderate to severe level of negative
impact on students.
* There is evidence of prior similar behavior
* Willful or intentional violation of the Code of
Ethics
* The actions constitute an act of child
maltreatment
* There is a criminal offense involving a
student
* There is moderate to severe impact on the community
and/or stakeholders
* Moderate to severe level of negative impact on
district property/funds
* Multiple violations
* Violations occurred over a period of years
* The educator is experienced or veteran teacher
* Disqualifying offense(s) as enumerated in Ark. Code
Ann. §§
6-17-410(c) or
6-17-414(b)
|
