(a) The Committee, in conducting its investigation, shall determine the relationship between the alleged misconduct and the applicant's or holder's fitness, competence, or ability to effectively perform the duties authorized by the credential. Such relationship may be based on facts which include, but are not limited to, the following:
(1) The likelihood that the conduct may have adversely affected students, fellow teachers, or the educational community, and the degree of such adversity anticipated;
(2) The proximity or remoteness in time of the conduct;
(3) The type of credential held or applied for by the person involved;
(4) The extenuating or aggravating circumstances surrounding the conduct;
(5) The praiseworthiness or blameworthiness of the motives resulting in the conduct;
(6) The likelihood of the recurrence of the questioned conduct;
(7) The extent to which disciplinary action may inflict an adverse impact or chilling effect upon the constitutional rights of the person involved, or other certified persons;
(8) The publicity or notoriety given to the conduct.
(b) If the Committee finds no relationship between the alleged misconduct and the applicant's or holder's fitness, competence or ability to effectively perform the duties authorized by the credential the Committee shall close the investigation.
Authority cited:
Education Code 44225(q)
Reference:
1 Cal.3d 214 Morrison v. State Board of Education (1969)
10 Cal.3d 29 Pettit v. State Board of Education (1973)
22 Cal. App. 3d 559 Watson v. State Board of Education, (1971)
Education Code 44242.5(c)
(Added by Register 97, No. 32.)