Current through Register Vol. 39, No. 6, September 16, 2024
(a) A
person participating in a Commission-accredited corrections 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 .0308, .0310, and .0311 of this Section.
Instructor certification shall be granted on the basis of documented
qualifications of experience, education, and training in accord 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 specific or specialty areas. Such competence includes
remaining current in the instructor's area of expertise, which may be
demonstrated by attending and completing any instructor 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; or
(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 currently knowledgeable in the person's areas of expertise by failing to
attend trainings as required by the rules in this Chapter;
(3) has failed to deliver training in a
manner consistent with the instructor lesson plans outlined in the "Basic
Instructor Training Manual" as found in Rule .0414 of this
Subchapter;
(4) has failed to
follow specific guidelines outlined in the basic corrections officers' training
manual set out in Rules .0411 through .0416 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) conviction or commission of a criminal
offense as set out in Rule .0504 of this Subchapter;
(C) the willful violation of rules of this
Chapter;
(D) conduct that is
detrimental to instruction in the Commission's mandated courses. For purposes
of this Chapter, 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 and
(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 committed or been convicted of an
offense that could result in the denial, suspension, or revocation of an
officers certification pursuant to Rules .0204 or .0504 of this
Subchapter;
(11) has knowingly made
a material misrepresentation of any information required for certification or
accreditation.
(f) When
a person certified as an 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 and
the North Carolina Company/Campus Police Program; or a similar 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 officer shall report the suspension
or revocation to the Criminal Justice Standards Division within five days. The
General Instructor certification shall be (if applicable) suspended or revoked
for the same time period as their respective Commission 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 .0310 of this Section;
(2) if the term of suspension or revocation
exceeds the expiration date of the instructor's initial certification
expiration date, they shall forfeit their certifications as a General
Instructor and Specialized Instructor and shall be required to obtain
certification pursuant to the requirements of Rule .0304 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 .0309(c) of this Section by the next expiration
date.
Authority
G.S.
17C-6;
17C-10;
Temporary
Adoption Eff. January 1, 2001;
Eff. August 1, 2002;
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.
