Is There an Ethics Complaint in Your Future? continued from page 15 timeframe, and to prepare and file a response. Remember that the system is not on your side, and the complainant has a state agency as his/her advocate against you. Also remember that failing to prove your innocence could cause the state to remove your credentials. Documentation of actions you have taken is your number one defense against an allegation. Contact other administrators who have had complaints filed against them or their staff for advice and counsel. Remember that an ethical standard is a higher standard than most legal standards. Within 130 days after a complaint has been filed with SBEC, the executive director of SBEC will either dismiss the complaint or file a petition on behalf of the complainant, who may appeal to a review committee if the complaint is dismissed. If SBEC files a petition against you on behalf of the complainant, it is filed with the State Office of Administrative Hearings (SOAH). You have 30 days to respond, and the burden of proof by a preponderance of evidence lies with SBEC. SBEC may impose the following sanctions for a violation of the Code of Ethics: • Place a restriction on a certificate, either indefinitely or for a set term • Issue an inscribed or non-inscribed reprimand • Suspend a certificate for a set term • Revoke or cancel, which includes accepting the surrender of, a certificate without opportunity for reapplication for a set term or permanently • Impose any additional conditions or restrictions upon a certificate that the board deems necessary to facilitate the rehabilitation and professional development of the educator or to protect students, parents of students, school personnel, or school officials Monica Ingram, staff attorney for the Texas Association of School Boards, has written a document entitled “Helpful Tools to Successfully Dismiss a Code of Ethics Complaint” in which she outlines the following seven steps for dealing with a complaint: Step 1.
Make an initial determination of whether the school district's attorney should represent the accused educator.
Step 2.
Review the procedural timelines and requirements for filing a complaint.
Step 3.
Determine whether there are grounds for dismissing the complaint.
Step 4.
Determine whether local resolution is an option.
Step 5.
Determine the appropriate documentation for submission to SBEC with the accused educator's response.
Step 6.
Review the appeals process.
Step 7.
Determine whether the COE complaint can be dismissed prior to the hearing before the administrative law judge.
Do your best to remain positive and professional.
How Can the Current Code Be Improved? All administrators and defense attorneys who have been involved in an ethics violation agree on this one thing: the current code needs to be improved or replaced. Everyone also agrees that there is a legitimate function involved, and we as professional administrators need to help define it. School attorneys such as Dorcas Green, with the law firm of Walsh, Anderson, Brown, Schulze & Aldridge, P.C.; and Neal Adams, general counsel for TASA and with the law firm of Adams, Lynch & TASA’s EduPortalTM posts Loftin, P.C., indicate improvements have been made in the state laws and regulations in a searchable format! enforcement procedures, but a need to further improve the sysCall TASA at tem remains. Representative Ron Lewis filed HB 1329 in the 1-800-427-TASA (8272) state legislature that would give SBEC the continued authority to subscribe! 40
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