Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Disciplinary proceedings will be initiated and conducted in accordance with
sections 9 and 9.2-9.5 of the act (24 P. S. §§
2070.9 and
2070.9b-2070.9e) and §§
233.114-233.122.
(b) At any
disciplinary proceeding conducted by or on behalf of the Commission, the
affected educator is entitled to represent himself or be represented by legal
counsel. No other designated representative other than legal counsel will be
permitted to appear on behalf of the affected educator.
(c) The Commission considers allegations of
misconduct on a case-by-case basis, taking into consideration the details
specific to each case. The overall purposes of the educator discipline system
and the Commission's responsibility in imposing sanctions are as follows:
protecting the public from educators who are unfit to discharge their
professional duties and ensuring the safety and security of students and others
in schools in this Commonwealth; preserving the integrity and reputation of the
teaching profession and the public's confidence in the profession; declaring
and upholding proper standards of conduct and performance; determining the
continued fitness of an educator to remain in the profession and, whenever
possible, rehabilitating the educator; and deterring further unethical conduct.
The discipline, if any, to be imposed in a particular case will depend upon the
facts and circumstances of the case, will be fashioned in light of the purposes
of educator discipline in this subsection and will take into account
aggravating or mitigating circumstances. The Commission strives to ensure that
similar violations result in similar outcomes and that the sanction or
combination of sanctions that it decides to impose is both sufficient and no
more than is necessary to achieve the purposes of sanctions. When applying
these principles and crafting appropriate sanctions, the Commission may
consider one or more of the following factors, as it deems appropriate:
(1) The seriousness and circumstances
surrounding the misconduct.
(2) The
extent, severity and imminence of danger to students, other educators or the
public.
(3) Whether the misconduct
involved sexual misconduct, or sexual abuse or exploitation.
(4) The status of the victim, if any,
including the victim's age or special vulnerability.
(5) The harm or adverse impact to students or
other persons.
(6) The harm or
adverse impact to the educator's employer and to the profession.
(7) If the misconduct or violation is an
isolated occurrence, part of a continuing pattern or one of a series of
incidents.
(8) The educator's state
of mind at the time of the misconduct (that is, negligent, reckless or
intentional).
(9) The pecuniary
benefit or other gain inuring to the educator by virtue of the
misconduct.
(10) Whether the
conduct was criminal in nature.
(11) The likelihood of a recurrence of the
misconduct or violation.
(12) The
age and level of maturity of the students served by the educator.
(13) The danger that students will imitate
the educator's behavior or use it as a model.
(14) The educator's level of
experience.
(15) The educator's
past performance and performance following the misconduct or
violation.
(16) The educator's
prior disciplinary record, including warnings, or absence of a prior
disciplinary record.
(17) Timely
good faith effort to make restitution or to rectify the consequences of the
misconduct.
(18) Meaningful and
sustained period of successful rehabilitation.
(19) Impositions of other penalties or
sanctions, including local disciplinary action.
(20) The educator's attitude and conduct
during the disciplinary proceedings.
(21) The deterrence impact of the
sanction.
(22) Penalties imposed in
other cases for similar violations.
(23) Other extenuating circumstances or other
factors bearing on the appropriate nature of a disciplinary sanction.
(d) After completion of a
preliminary or full investigation, the Department may enter into a written
settlement agreement with the educator.
(1)
Settlement agreements will be presented to the Commission or a panel of members
of the Commission for approval or disapproval.
(2) The Commission will promptly approve the
settlement agreement if it is deemed by the Commission to be fair and just and
the interests of the parties and the public interest have been
considered.
(3) Once approved by
the Commission, a settlement agreement will become a final order of the
Commission.
(4) If the Commission
disapproves a settlement agreement, the agreement will not be enforceable and
the parties retain all rights they had prior to the execution of the
agreement.
(5) Admissions made by
an educator in a settlement agreement that is ultimately rejected by the
Commission may not be used against the educator in a formal disciplinary
proceeding. This subsection does not prevent the Department from offering, at a
formal disciplinary hearing, other evidence to prove factual matters disclosed
in a settlement agreement.
(6)
Whenever an educator surrenders his educator certification or employment
eligibility, the Department will request an order from the Commission accepting
the educator's surrender.
