5006: Certification Revocation

The board of directors recognizes its responsibility to protect students from physical and/or emotional harm. Staff members are expected to exhibit "good moral character and personal fitness" as they teach or supervise students. Staff members will not engage in unprofessional conduct including, but not limited to:

1. The related acts of immorality and/or intemperance;
2. Violation of written contract;
3. Crime against the state or involving the physical neglect of children;
4. The physical injury of children;
5. Sexual misconduct with children or students;
6. Misrepresentation or falsification in the course of professional practice;
7. Possession, use or consumption or being under the influence of alcohol or of a controlled substance on school premises or at a school-sponsored activity involving students;
8. Disregard or abandonment of generally recognized professional standards;
9. Abandonment of contract for professional services;
10. Unauthorized professional practice;
11. Illegal furnishing of alcohol or a controlled substance to a student; or
12. Improper remunerative conduct.

Unprofessional conduct will not include matters such as insubordination, violation of the collective bargaining agreement or other employment related acts correctable by the district or other civil remedies.

When the superintendent possesses sufficient reliable information to believe that a certificated employee is not of good moral character or personally fit or has committed an act of unprofessional conduct, within a reasonable period of time of making such determination, he/she will file a written complaint with the Superintendent of Public Instruction.

If the district is considering action to discharge a staff member, the superintendent need not file such complaint until ten calendar days after making the final decision to serve or not serve formal notice of discharge. Such written complaint will summarize the factual basis upon which a determination has been made that an investigation by the Superintendent of Public Instruction is warranted.

Intentional failure to file a complaint is an act of unprofessional conduct and may be sufficient cause for revocation of the superintendent’s professional education certificate. The superintendent or designee will maintain a confidential file containing allegations and the findings related to his/her investigation.

Cross References:

Board Policy 5005 Employment Disclosures, Certification, Assurances and Approval

5281 Disciplinary Action and Discharge 

Legal References: