Within 30 days of any change in the employment status of a credential holder working in a position requiring a credential made as a result of an allegation of misconduct, the Superintendent shall report the change to the Commission on Teacher Credentialing (CTC). The report shall be made whenever one of the following actions is taken as a result of alleged misconduct: (Education Code 44242.5; 5 CCR 80303)
1. Dismissal
(cf. 4117.4 - Dismissal)
2. Nonreelection/nonreemployment
(cf. 4117.6 - Decision Not to Rehire)
3. Suspension for more than 10 days
4. Placement on unpaid administrative leave for more than 10 days pursuant to a final adverse employment action
5. Resignation, retirement, or other departure from employment
(cf. 4117.2 - Resignation)
6. Termination by a decision not to employ or reemploy
The report shall contain all known information about each alleged act of misconduct by the employee. (5 CCR 80303)
The report shall be made regardless of any proposed or actual agreement, settlement, or stipulation between the district and the employee not to make such a report. The report shall also be made if the allegations are withdrawn in consideration of the employee's resignation, retirement, or other failure to contest the truth of the allegations. (5 CCR 80303)
The Superintendent shall inform the employee in writing of the contents of 5 CCR 80303 upon a change in employment status as a result of alleged misconduct. (5 CCR 80303)
(cf. 4112.9/4212.9/4312.9 - Employee Notifications)
Within 10 days after receipt of a complaint, information, or indictment regarding an employee who has been charged with a "mandatory leave of absence offense" (defined as a sex or drug offense specified in Education Code 44940), the Superintendent or designee shall forward a copy of the received documents to the CTC. In addition, he/she shall report to the CTC any action taken in connection with extending the employee's mandatory leave beyond the initial period. (Education Code 44940, 44940.5)
(cf. 4118 - Suspension/Disciplinary Action)
Notice of Other Violations
The Superintendent or designee may notify the CTC of any of the following: (Education Code 44242.5)
1. A complaint received by the district regarding a credential holder's alleged sexual misconduct
The notice shall contain all of the following information: (5 CCR 80304)
a. Name of the employee alleged to have engaged in the sexual misconduct
b. Name, age, and address of each victim of the alleged sexual misconduct
c. A summary of all information known to the district regarding the alleged sexual misconduct
d. A summary of the action, if any, taken at the district level in response to the complaint of sexual misconduct
(cf. 1312.1 - Complaints Concerning District Employees)
(cf. 4119.11/4219.11/4319.11 - Sexual Harassment)
(cf. 5145.7 - Sexual Harassment)
2. An employee's refusal, without good cause, to fulfill a valid employment contract, or departure from district service without the consent of the Superintendent or Governing Board (Education Code 44420)
3. An employee's knowing and willful use of student records in connection with, or in implicit or explicit attempts to recruit a student to be a customer for, any business owned by the credential holder or in which the credential holder is an employee (Education Code 44421.1)
4. An employee's knowing and willful reporting of false fiscal expenditure data relative to the conduct of any educational program (Education Code 44421.5)
Legal Reference:
EDUCATION CODE
44009 Conviction of specified crimes
44010 Sex offense - definitions
44011 Controlled substance offense - definitions
44225 Powers and duties of the CTC
44242.5 Reports and review of alleged misconduct
44420-44440 Adverse actions by CTC against credential holder
44940 Sex offenses and narcotic offenses; compulsory leave of absence
44940.5 Compulsory leave of absence
CODE OF REGULATIONS, TITLE 5
80303 Reports of change in employment status, alleged misconduct
80304 Notice of sexual misconduct
Management Resources:
COMMISSION ON TEACHER CREDENTIALING PUBLICATIONS
California's Laws and Rules Pertaining to the Discipline of Professional Certificated Personnel, 2007
WEB SITES
CSBA: http://www.csba.org
Commission on Teacher Credentialing: http://www.ctc.ca.gov
Regulation FALLBROOK UNION ELEMENTARY SCHOOL DISTRICT
approved: September 6, 2011 Fallbrook, California