A. The enforcement of the
provisions of the code of ethics for Minnesota teachers shall be in accord with
Minnesota Statutes, section
214.10:
"Minnesota Statutes, section
214.10,
complaints; investigation and hearing.
Subd.
1. Receipt of complaint. The executive secretary of a board, a
board member or any other person who performs services for the board who
receives a complaint or other communication, whether oral or written, which
complaint or communication alleges or implies a violation of a statute or rule
which the board is empowered to enforce, shall promptly forward the substance
of the communication on a form prepared by the attorney general to the designee
of the attorney general responsible for providing legal services to the board.
Before proceeding further with the communication, the designee of the attorney
general may require the complaining party to state the complaint in writing on
a form prepared by the attorney general. Complaints which relate to matters
within the jurisdiction of another governmental agency shall be forwarded to
that agency by the executive secretary. An officer of that agency shall advise
the executive secretary of the disposition of that complaint. A complaint
received by another agency which relates to a statute or rule which a licensing
board is empowered to enforce shall be forwarded to the executive secretary of
the board to be processed in accordance with this section.
Subd. 2. Investigation and hearing. The
designee of the attorney general providing legal services to a board shall
evaluate the communications forwarded by the board or its members or staff. If
the communication alleges a violation of statute or rule which the board is to
enforce, the designee is empowered to investigate the facts alleged in the
communication. In the process of evaluation and investigation, the designee
shall consult with or seek the assistance of the executive secretary or, if the
board determines, a member of the board who has been designated by the board to
assist the designee. The designee may also consult with or seek the assistance
of any other qualified persons who are not members of the board who the
designee believes will materially aid in the process of evaluation or
investigation. The executive secretary or the consulted board member may
attempt to correct improper activities and redress grievances through
education, conference, conciliation, and persuasion, and in these attempts may
be assisted by the designee of the attorney general. If the attempts at
correction or redress do not produce satisfactory results in the opinion of the
executive secretary or the consulted board member, or if after investigation
the designee providing legal services to the board, the executive secretary or
the consulted board member believes that the communication and the
investigation suggest illegal or unauthorized activities warranting board
action, the designee shall inform the executive secretary of the board who
shall schedule a disciplinary hearing in accordance with Minnesota Statutes,
chapter 14. Before the holding of a disciplinary hearing may be directed, the
designee or executive secretary shall have considered the recommendations of
the consulted board member. Before scheduling a disciplinary hearing, the
executive secretary must have received a verified written complaint from the
complaining party. A board member who was consulted during the course of an
investigation may participate at the hearing but may not vote on any matter
pertaining to the case. The executive secretary of the board shall promptly
inform the complaining party of the final disposition of the complaint. Nothing
in this section shall preclude the board from scheduling, on its own motion, a
disciplinary hearing based upon the findings or report of the board's executive
secretary, a board member or the designee of the attorney general assigned to
the board. Nothing in this section shall preclude a member of the board or its
executive secretary from initiating a complaint.
Subd. 3. Discovery; subpoenas. In all matters
pending before it relating to its lawful regulation activities, a board may
issue subpoenas and compel the attendance of witnesses and the production of
all necessary papers, books, records, documents, and other evidentiary
material. Any person failing or refusing to appear or testify regarding any
matter about which the person may be lawfully questioned or produce any papers,
books, records, documents, or other evidentiary materials in the matter to be
heard, after having been required by order to the board or by a subpoena of the
board to do so may, upon application to the district court in any district, be
ordered to comply therewith. The chair of the board acting on behalf of the
board may issue subpoenas and any board member may administer oaths to
witnesses, or take their affirmation. Depositions may be taken within or
without the state in the manner provided by law for the taking of depositions
in civil actions. A subpoena or other process or paper may be served upon any
person named therein, anywhere within the state by any officer authorized to
serve subpoenas or other process or paper in civil actions, with the same fees
and mileage and in the same manner as prescribed by law for service of process
issued out of the district court of this state. Fees and mileage and other
costs shall be paid as the board directs."
Subp.
4.
Complaints handled by board.
When oral complaints alleging violations of the code of
ethics are received, the executive secretary of the Professional Educator
Licensing and Standards Board shall request the complaining party to submit the
complaint in writing within ten days.
Upon the receipt of a complaint in writing alleging
violations of the code of ethics, the teacher named in the complaint shall be
notified in writing within ten days of the receipt of the complaint.
The teacher shall be entitled to be represented by the
teacher's own counsel or representative at each stage of the investigation and
hearing.
Subp. 5.
Enforcement procedures.
The Professional Educator Licensing and Standards Board may
impose one or more of the following penalties when it has found a violation of
the code of ethics. These actions shall be taken only after all previous
efforts at remediation have been exhausted.
A. The board may enter into agreements with
teachers accused of violating the code of ethics which would suspend or
terminate proceedings against the teacher on conditions agreeable to both
parties.
B. A letter of censure
from the board may be sent to the person determined to be in violation of the
standards of the code of ethics. A copy of the letter shall be filed with the
board. Such letters shall be kept on file for a period of time not to exceed
one calendar year.
C. A teacher who
has been found to have violated the code of ethics may be placed on
probationary licensure status for a period of time to be determined by the
board. The board may impose conditions on the teacher during the probationary
period which are to be directed toward improving the teacher's performance in
the area of the violation. During this period, the teacher's performance or
conduct will be subject to review by the board or its designee. Such review
will be directed toward monitoring the teacher's activities or performance with
regard to whatever conditions may be placed on the teacher during the
probationary period. Before the end of the probationary period the board shall
decide to extend or terminate the probationary licensure status or to take
further disciplinary actions as are consistent with this rule.
D. The license to teach of the person
determined to be in violation of the standards of the code of ethics may be
suspended for a period of time determined by the board.
E. The license to teach of the person
determined to be in violation of the standards of the code of ethics may be
revoked by the board.