Current through Register Vol. 39, No. 6, September 16, 2024
(a) A
person participating in a Commission-certified criminal justice training course
or program as an instructor, teacher, professor, lecturer, or other participant
making presentations to the class shall first be certified by the Commission as
an instructor.
(b) The Commission
shall certify instructors under the following categories: General Instructor
Certification, Specialized Instructor Certification, or Professional Lecturer
Certification as outlined in Rules .0302, .0304 and .0306 of this Section.
Instructor certification shall be granted on the basis of documented
qualifications of experience, education, and training in accordance with the
requirements of this Section and as stated on the applicant's Request for
Instructor Certification Form.
(c)
In addition to all other requirements of this Section, each instructor
certified by the Commission to teach in a Commission-certified course shall
remain competent in his or her specialized areas. Such competence shall include
remaining current in the instructor's area of expertise, which shall be
demonstrated by attending and completing all updated instructor training
courses required by the Commission.
(d) If a person certified as an instructor by
the Commission is found to have knowingly and willfully violated any provision
or requirement of the rules in this Subchapter, the Commission shall take
action to correct the violation and to ensure that the violation does not
recur, including:
(1) issuing an oral warning
and request for compliance;
(2)
issuing a written warning and request for compliance;
(3) issuing an official written
reprimand;
(4) suspending the
individual's certification for a specified period of time or until acceptable
corrective action is taken by the individual; and
(5) revoking the individual's
certification.
(e) The
Commission shall deny, suspend, or revoke an instructor's certification when
the Commission finds that the person:
(1) has
failed to meet and maintain any of the requirements for
qualification;
(2) has failed to
remain competent in the person's areas of expertise;
(3) has failed to deliver training in a
manner consistent with the instructor lesson plans outlined in the "Instructor
Training Manual" as found in Rule .0209 of this Subchapter;
(4) has failed to follow specific guidelines
outlined in the "Basic Law Enforcement Training Course Management Guide" as
found in Rule .0205 of this Subchapter;
(5) has demonstrated "unprofessional
personal" conduct in the delivery of Commission approved or mandated training.
For the purposes of this Subparagraph, unprofessional personal conduct is
identified as:
(A) job-related conduct that
constitutes a violation of state or federal law;
(B) a conviction or commission of a criminal
offense, as set out in
12 NCAC
09A .0204;
(C) the willful violation of rules of this
Chapter;
(D) conduct that is
detrimental to instruction in the Commission's mandated courses. Conduct is
"detrimental to instruction" if the conduct is demeaning or disruptive to the
learning environment;
(E) the
physical or verbal abuse of a client or student who the instructor is teaching
or supervising; or
(F)
falsification of an instructor application or other employment
documentation;
(6) is an
instructor, School Director, or Qualified Assistant and is involved in the
instruction of (for instructors) or oversight of (for School Directors and
Qualified Assistants) a student with whom the instructor, School Director, or
Qualified Assistant has a close personal relationship such as, familial,
financial, dating, or sexual, even if consensual; and fails to take immediate
and appropriate corrective action. Appropriate corrective action requires the
instructor, School Director, or Qualified Assistant to notify his or her
managing personnel in writing of the relationship and requires the instructor,
School Director, or Qualified Assistant to stop instructing or overseeing the
student with whom the relationship exists:
(A)
the written notice to managing personnel shall include:
(i) school/agency name;
(ii) name of course;
(iii) name of the instructor, School
Director, or Qualified Assistant;
(iv) name of student;
(v) name of managing peronnel; and
(vi) nature of the relationship;
(B) the written notice from the
school/agency managing personnel to the Standards Division shall be submitted
within 10 days of receipt of notice from the instructor, School Director, or
Qualified Assistant and shall include:
(i)
school/agency name;
(ii) name of
course;
(iii) name of the
instructor, School Director, or Qualified Assistant;
(iv) name of student;
(v) name of managing personnel;
(vi) nature of the relationship;
and
(vii) explanation of action
taken to ensure the named instructor, School Director, or Qualified Assistant
is not in violation of this Rule;
(7) has demonstrated instructional
incompetence;
(8) has knowingly and
willfully obtained or attempted to obtain instructor certification by deceit,
fraud, or misrepresentation;
(9)
has failed to meet or maintain good moral character as defined in: In re
Willis, 288 N.C. 1, 215 S.E.2d 771, appeal dismissed,
423 U.S.
976 (1975); State v. Harris, 216 N.C. 746, 6
S.E.2d 854 (1940); In re Legg, 325 N.C. 658, 386 S.E. 2d 174 (1989); In re
Applicants for License, 143 N.C. 1, 55 S.E. 635 (1906); In re Dillingham, 188
N.C. 162, 124 S.E. 130 (1924); State v. Benbow, 309 N.C. 538, 308 S.E.2d 647
(1983); and later court decisions that cite these cases as authority, and as
required to discharge the duties of a criminal justice instructor;
(10) has failed to deliver training in a
manner consistent with the Qualified Retired Law Enforcement Officers Firearms
Qualification Certification Program as found in
12 NCAC
09H .0102;
(11) has knowingly and willfully aided or
attempted to aid any person in obtaining qualification or certification under
the Qualified Retired Law Enforcement Officers Firearms Qualification
Certification Program by deceit, fraud, or misrepresentation;
(12) has committed or been convicted of an
offense that could result in the denial, suspension, or revocation of an
officer's law enforcement certification, pursuant to
12 NCAC
09G .0504; or
(13) has knowingly made a material
misrepresentation of any information required for certification or
accreditation.
(f) When
a person certified as a law enforcement officer by the North Carolina Criminal
Justice Education and Training Standards Commission (Commission), the North
Carolina Sheriffs Education and Training Standards Commission (Sheriffs'
Commission), the North Carolina Department of Insurance, Office of State Fire
Marshal, Fire Rescue Commission (Fire Commission), Office of Emergency Medical
Services North Carolina Company/Campus Police Program; or a North Carolina, out
of state or federal approving, certifying or licensing agency; has been denied
certification or had his or her certification suspended or revoked by their
respective Commission, or agency the State or local law enforcement officer
shall report the suspension or revocation to the Criminal Justice Standards
Division within five days. The General Instructor Certification (if applicable)
shall be automatically suspended or revoked for the same time period as his or
her respective Commission certification in accordance with the following:
(1) this suspension or revocation of the
General Instructor certification shall also include suspension or revocation to
any Commission recognized specialized or additional instructor certification,
as outlined in Rule .0304 of this Section;
(2) if the term of suspension or revocation
exceeds the expiration date of the instructor's initial certification
expiration date, he or she shall forfeit their certifications as a General
Instructor and Specialized Instructor and shall be required to obtain
certification pursuant to the requirements of Rule .0302 of this Section before
any instruction may be delivered in any Commission-approved or mandated
training, including the completion of a subsequent General Instructor's
training course in its entirety; and
(3) if the term of suspension or revocation
does not exceed the expiration date of the instructor's initial certification
expiration date, the instructor shall be reinstated as a General Instructor
only upon reinstatement of his or her law enforcement officer certification by
the Commission. The terms of renewal for the existing General Instructor and
Specialized Instructor certifications shall remain subject to all renewal
requirements pursuant to Rule .0303(d) of this Section by the next expiration
date.
Authority
G.S.
17C-6;
Eff. January 1,
1981;
Amended Eff. December 1, 2018; October 1, 2017; October 1,
2009; August 1, 2004; April 1, 1999; July 1, 1991; January 1, 1985;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. May 25, 2019;
Amended Eff. October
1, 2020; August 1, 2019.
