Ethics Review NC Teacher Licensure Application

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Ethics ReviewNC Teacher LicensureApplication

• PANC Fall Conference
• October 6-8, 2008

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Hierarchy of Laws
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U.S. Courts System
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Types of Law

• Criminal Civil
• State v. Jones Jones v. Smith
• common law case law
• Felony
• Misdemeanor
• Traffic
• intentional tort
• negligence
• domestic
• OVERLAP
• Assault
• Battery
• Trespass
• Murder____________Wrongful death

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N.C. Ethics Law

• NC State Board Licensing Professional
  Discipline Authority -N.C.G.S.
  115C-296(d)-Standards of Professional Conduct
  16 N.C.A.C. 6C .0602-Grounds for Disciplinary
  Action 16 N.C.A.C. 6C .0312
• -Testing Code of Ethics 16 N.C.A.C. 6D .0306
• Local Boards Hiring Dismissal
  Authority-N.C.G.S. 115C-332, -333, -325
• - Criminal History Checks 16 N.C.A.C. 06C .0313
  -Local Board Policies

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NC Teacher Licensure Application Process

• Applicant files with NC Department of Public
  Instruction, Licensure Division/RALC
• -Have you ever had a certificate or license
  revoked or suspended by another state or other
  governing body?
• -Have you ever been convicted of a crime (other
  than a minor traffic offense)?
• If Yes response, staff reviews applicants
  supporting documentation and written
  explanation.
• Based on the paper review, staff schedules the
  applicants for an interview with the State
  Superintendents Ethics Advisory Committee.
• The Ethics Committee-Meets the 2nd Friday of
  each month (at least) at NCDPI
• -Composed of Rotating Panel of School Personnel
  Appointed by State Superintendent
• Ana Perez, Gail Edmondson, Audrey Toney, Elisa
  Pollard, Harry Wilson, Felecia Locklear, Lisa
  Wishart, Rodney Shotwell, Dr. Thomas Humble,
  Lillian McDavid, Jonibel Willis

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Ethics Committee Procedures

• Each applicant is allowed to present additional
  documentation to the committee during the
  interview. Family members, school personnel,
  clergy, etc. may also accompany the applicant.
  However, remarks from others will be limited, as
  the committee wants to hear from the applicant.
• Interviews are closed to the public. Only
  committee members and State Board and DPI staff
  are present during the interview. Minutes taken
  during the interview are confidential.
• The applicant explains the circumstances that led
  to the charge(s), conviction(s), suspension,
  revocation, etc.
• The committee asks questions of the applicant
  based on the documentation submitted. If
  additional documentation is required, the
  applicant is given 30 days from the interview
  date to submit to licensure.
• After the applicant departs, the committee
  deliberates and records a recommendation to the
  State Superintendent based on the applicants
  documentation and interview. The State
  Superintendent makes a final determination on
  whether or not to license an applicant.

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Denial of a Teaching License

• If an applicant is denied, notice by certified
  letter.
• The applicant has 60 days to appeal to the Office
  of Administrative Hearings (OAH).
• If the applicant appeals denial to OAH, an
  administrative law judge conducts an
  administrative court hearing and issues a
  decision based on testimony at the hearing and
  the record of the case.
• After the ALJ issues a decision, the case returns
  to the NC State Board of Education for a Final
  Agency Decision.

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N.C.G.S. 296 (d)(2)

• (d)(2) The State Board shall automatically
  revoke the certificate of a teacher or school
  administrator without the right to a hearing upon
  receiving verification of the identity of the
  teacher or school administrator together with a
  certified copy of a criminal record showing that
  the teacher or school administrator has entered a
  plea of guilty or nolo contendere to or has been
  finally convicted of any of the following crimes

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Automatic Revocation N.C.G.S. 115C-296(d) No
Right to a Hearing if Convicted of

• MURDER
• RAPE or SEX OFFENSE
• FELONIOUS ASSAULT
• KIDNAPPING or ABDUCTION OF CHILDREN
• CRIMES AGAINST NATURE
• INCEST
• PUBLIC MORALITY AND DECENCY VIOLATIONS (G.S.
  14-190.6)
• DISPLAYING MATERIALS HARMFUL TO MINORS (G.S.
  14-190.7 , G.S. 14-190.8 , G.S. 14-190.14 or G.S.
  14-190.15)
• SEXUAL EXPLOITATION OF MINOR
• PROSTITUTION
• TAKING INDECENT LIBERTIES WITH STUDENTS
  CHILDREN
• SOLICITATION OF CHILD BY COMPUTER TO COMMIT SEX
  ACT
• CHILD ABUSE.

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Professional Discipline

• State Board handles complaints concerning
  professional discipline - conduct that could lead
  to the suspension or revocation of an educator's
  professional license.
• The grounds for disciplinary action are contained
  in 16 N.C.A.C. 6C .0312 of the Official North
  Carolina Administrative Code. That rule also
  describes the process by which the State Board
  suspends or revokes licenses. Additional rules
  that deal with professional conduct are the
  Testing Code of Ethics (16 N.C.A.C. 6D .0306) and
  the Standards of Professional Conduct (16
  N.C.A.C. 6C .0602).
• Whenever the State Board or its staff denies
  issuance of a license or suspends or revokes a
  license, it reports that action to the National
  Association of State Directors of Teacher
  Education and Certification (NASDTEC)
  Clearinghouse so that other states may be aware
  of the action.
• State Board staff also maintains a list of
  disciplinary actions taken against professional
  educators.
•  

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Suspension or Revocation Grounds

• 1. fraud, material misrepresentation or
  concealment in the application for the license
• 2. changes in or corrections of the license
  documentation that make the individual ineligible
  to hold a license
• 3. conviction or entry of a plea of no contest,
  as an adult, of a crime if there is a reasonable
  and adverse relationship between the underlying
  crime and the continuing ability of the person to
  perform any of his/her professional functions in
  an effective manner
• 4. final dismissal of a person by a local board
  pursuant to G.S. 115C-325(e)(1)b. immorality,
  if there is a reasonable and adverse relationship
  between the underlying misconduct and the
  continuing ability of the person to perform any
  of his/her professional functions effectively
• 5. final dismissal of a person by a LEA under
  G.S. 115C-325(e)(1)e. physical or mental
  incapacity
• 6. resignation from employment with a LEA
  without thirty work days' notice, except with the
  prior consent of the local superintendent
• 7. revocation of a license by another state
• 8. any other illegal, unethical or lascivious
  conduct by a person, if there is a reasonable and
  adverse relationship between the underlying
  conduct and the continuing ability of the person
  to perform any of his/her professional functions
  in an effective manner and
• 9. failure of school administrator to report
  revocable conduct.

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NC Revocations List (in part) http//www.ncpublic
schools.org/legal/revoketable/