7 Miss. Code. R. 3-14.6.2 - Disciplinary Process Policy
1. REPORTING AND
INVESTIGATIONS
a. The Office of Educator
Misconduct Evaluations is tasked with assisting the Commission in responding to
infractions and violations, and in conducting hearings and enforcing the
provisions of Miss. Code Ann. §§
37-3-2 (11), (12), (13), (14) and
(15), and violations of the Mississippi
Educator Code of Ethics and Standards of Conduct.
b. Upon receipt of a report of misconduct
and/or violations as established in Rule
14.10: Reporting Infractions, the
Office of Educator Misconduct Evaluations shall immediately institute an
investigation into the allegations of the report. The Office of Educator
Misconduct Evaluations shall have the discretion to request additional
information as needed from the reporting party. In the event the reporting
party fails to provide said additional information within thirty (30) days of
request, the Office of Educator Misconduct Evaluations shall have the authority
to dismiss said report due to insufficient information. The Office of Educator
Misconduct Evaluations shall have the discretion to extend such window if
deemed necessary.
c. Upon
investigation, the Office of Educator Misconduct Evaluations shall have the
authority to dismiss any report based on either the sufficiency of local school
district response, the severity of the alleged violation or misconduct, or
offer settlement of any alleged violation or misconduct, said settlement
subject to final approval by the Commission. Such authority of the Office of
Educator Misconduct Evaluations is subject to the provisions of this
Rule.
d. The Office of Educator
Misconduct Evaluations shall submit any report it has not otherwise disposed of
to a Review Committee comprised of three (3) employees of the Mississippi
Department of Education not assigned to either the Office of Educator
Misconduct Evaluations or the Office of Educator Licensure. The Office of
Educator Misconduct Evaluations, with the assistance of counsel, shall present
the report to the Review Committee. The Review Committee shall be tasked with
determining if hearing on a report is warranted by the evidence and information
provided by the reporting party and/or collected by the Office of Educator
Misconduct Evaluations. Upon such a determination supported by a majority vote
of the Review Committee, the Office of Educator Misconduct Evaluations shall
immediately cause Complaint on the specific allegations of the violation be
sworn by affidavit and filed with the Commission.
2. DENIALS/SUSPENSION/REVOCATIONS - FELONY
CONVICTIONS
a. Any report alleging misconduct
or violations by a licensee as stated in Miss. Code Ann. §§ 37-3-
2(11)(a),(vi) and/or, (vii) may result in the denial or suspension of
licensee's license.
b. Any report
alleging misconduct or violations by a licensee as stated in Miss. Code Ann.
§§ 37-3- 2(11)(b) shall result in the licensee's license being
automatically denied or immediately revoked. Upon receipt of such report,
supported by appropriate documentation, including by not limited to certified
court records and/or criminal history, the Office of Educator Misconduct
Evaluations shall inform the Executive Secretary of the Commission. The
Executive Secretary shall immediately cause the Educator to be informed of such
denial or revocation by way of certified mail.
3. PROBATION ORDERS
a. Probation orders of the Commission may
include certain requirements or stipulations including, but not limited to,
continuing education courses, counseling, community service or outreach, or
drug and/or alcohol testing. Failure to abide by said requirements or
stipulations shall result in immediate suspension of the license for one (1)
year.
b. For the purposes of a
probation order, allegations of misconduct or violation of the Mississippi
Educator Code of Ethics and Standards of Conduct while serving probation shall
be considered a violation of the probation, resulting in immediate suspension
of the licensee's license.
4. Physical and Mental Health Certification
a.) Educators who breach or abandon their
contract with a school district for physical or mental health reasons place
their fitness to perform their duties as educators in a classroom at issue.
Educator's alleging physical or mental health concerns that caused them to
breach or abandon their contracts without first being released by their school
board have the burden of proving their fitness to resume the duties of a
licensed educator in Mississippi.
b.) Educators who breach or abandon their
contract with a school district for physical or mental health reasons shall be
required to submit certification from a licensed health professional stating
that the educator is fit to resume the duties of a licensed educator in
Mississippi. Failure to provide acceptable certification will result in the
suspension of the educator's license for one (1) academic year for the breach
and continue through the date of submission of the acceptable
certification.
Notes
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