7 Miss. Code. R. § 3-14.10 - Reporting Infractions

Current through April 7, 2022

Procedures for Reporting Infraction Under Miss. Code Ann. § 37-3-2

1. Section I - Introduction

Mississippi Code Annotated, Section 37-3-2(15) authorizes the Commission on Teacher and Administrator Education, Licensure and Development, to promulgate procedures for reporting infractions delineated under Section 37-3-2 of the Code. The Commission has provided the procedures below to be followed by all educators required to hold a certificate/license. These procedures will ensure compliance with Mississippi law.

2. Section II What Should be Reported

Reports shall be submitted for all the following allegations, infractions and/or offenses cited in the Mississippi Code of 1972 Annotated:

a. Miss. Code Ann. § 37-3-2(11) through (13) - Denial of application; revocation and suspension of licensed/certificates; dismissal or suspension of licensed/certified employee by a local school board
b. Miss. Code Ann. § 37-9-57 - Effect of abandonment of employment
c. Miss. Code Ann. § 37-16-4 - Enforcement and penalty for test violations
d. Miss. Code Ann. § 37-3-51(1) through (3) - Notification of the Department of Education of conviction of certificated person on certain felonies or sex offenses, which may include the following:
i. Miss. Code Ann. § 97-3-65 relating to the carnal knowledge of a child under fourteen (14) years of age;
ii. Miss. Code Ann. § 97-3-95 relating sexual battery;
iii. Miss. Code Ann. § 97-5-21 relating to seduction of a child under the age of eighteen (18);
iv. Miss. Code Ann. § 97-5-23 relating to the touching of a child for lustful purposes;
v. Miss. Code Ann. § 97-5-27 relating to the dissemination of sexually orientated material to children;
vi. Miss. Code Ann. § 97-5-33, relating to the exploitation of children;
vii. Miss. Code Ann. § 97-5-41, relating to the carnal knowledge of a stepchild, adopted child, or child of a cohabitating partner;
viii. Miss. Code Ann. § 97-29-59, relating to unnatural intercourse;
ix. Or any other offense committed in another jurisdiction which, if committed in Mississippi, would be deemed to be such a crime without regard to its designation elsewhere
e. Violations of the Mississippi Educator Code of Ethics Standards of Conduct
2. Section III - Reporting Responsibilities
a. Mississippi Circuit Clerks: Each circuit clerk has the statutory duty to report to the Mississippi Department of Education (MDE), the conviction of any certified/licensed personnel employed by a public or private elementary or secondary school according to requirements outlined in the Mississippi law. Reports are to be made on forms provided by the MDE (Appendix A).
b. Superintendents of Education: Each superintendent of a public school shall report to MDE allegations, infractions, and/or offenses committed under sections of the Mississippi Code cited in Section II of these procedures. Superintendents shall adhere to the following procedures:
i. Submit an initial report on all certified/licensed employees no later than October 1 of each school year (Appendix B).
ii. Submit reports on employees as knowledge of allegations, infractions and/or offenses occurs.

Such reports shall be submitted within 10 days of notification of an allegation, infraction and/or offense (Appendix C). Failure by the school district to report to the MDE within 10 working days, however, does not negate the continuing reporting duties by the Superintendent as required by law, or supersede or affect the statutory authority of the Commission on Teacher and Administrator Education, Certification and Licensure and Development from suspending or revoking an educator license pursuant to Miss. Code Ann. § 37-3-2.

Additionally, a resignation in lieu of termination does not waive the Superintendent's requirement to report an allegation, infraction, and/or offense.

c. Community and Junior College Presidents: Presidents of community and junior colleges must report to MDE infractions committed under sections of the Mississippi Code cited in Section I of these procedures. Reports shall be completed on vocational and technical education personnel licensed by the Department of Education. (The Office of Educator Licensure issues vocational postsecondary licenses for the Tech Prep Coordinator and Special Populations Coordinator).
i. Presidents shall adhere to the following procedures:
a) Submit an initial report on all certified/licensed employees no later than October 1 of each school year (Appendix D).
b) After the initial report, submit reports on employees as knowledge of offenses occurs.

Such reports shall be submitted within 10 days of notification of an offense (Appendix E).

Notes

7 Miss. Code. R. § 3-14.10
Adopted 12/30/2015 Amended 1/20/2018

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