We review rulings on the admission or exclusion of evidence at the administrative level under the abuse-of-discretion standard applied to trial courts. As a result of this incident, Gomez was arrested and charged with indecent exposure. Whatconduct can lead to disciplinary action by SBEC? Code of Ethics: A code of ethics is a guide of principles designed to help professionals conduct business honestly and with integrity. U.S. Rep. Tony Gonzales faces censure vote by Republican Party of Texas Click to email a link to a friend (Opens in new window) This story has been updated. In Bustamante, the court held that the appellant's termination was proper because the agency relied on eyewitness testimony about witnesses' personal observations of the appellant's conduct, not on expunged records or files. 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I will keep confidential information that is privileged by law or that will needlessly harm the District if disclosed. Tex. Disciplinary action reports will only include SBEC actions which are final, as defined in. He claims Huerta did not attempt to do so. Subchapter B of chapter 21 concerns the certification of educators and establishes the Board's structure, powers, and duties, including its mandate to propose rules providing for the regulation of educators and the general administration of this subchapter, for disciplinary proceedings, including the suspension or revocation of an educator certificate, as provided by Chapter 2001, Government Code, and for the adoption, amendment, and enforcement of an educator's code of ethics. Id. As a teacher in the state of Florida, candidates are bound by the Educator's Code of Ethics and Standards. Gomez sought judicial review of the Board's order in district court. 19 Tex. . As the ALJ pointed out in the order denying Gomez's motion to exclude evidence, Sergeant Cavazos testified at the hearing that he had not refreshed his memory from any record subject to the expunction order, and he obeyed the ALJ's admonition not to mention any fact relating to an arrest. The APA requires us to reverse or remand an agency's decision that prejudices the appellant's substantial rights because the administrative findings, inferences, conclusions, or decisions (1) violate a constitutional or statutory provision, (2) exceed the agency's statutory authority, (3) were made through unlawful procedure, (4) are affected by other error of law, (5) are not reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole, or (6) are arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. The broader the extent of trus. A court abuses its discretion if it acts without reference to guiding rules and principles. Title 2, subtitle D, chapter 21 of the education code regulates educators in the public education system. Copyright 2023, Thomson Reuters. Having overruled all of Gomez's issues on appeal, we affirm the district court's judgment. Code 249.39 (2011) (State Bd. arts. The first-grade teacher, who had previously won the school's "Teacher of the Year" award, allegedly violated . Teacher Suspended Following Backlash From Student's 'My Bad Teacher' Speech. See Texas Dep't of Pub. 4. How does an individual file an allegation of misconduct against an educator? (holding expunction order compelling agency to turn over its own investigative files and records, instead of only records relating to arrest, was overly broad). When considering whether to allow Sergeant Cavazos's testimony about Gomez's conduct in this case, the ALJ relied on the holding of the Fourth Court of Appeals in a similar case in which an appellant argued that expunction precluded the agency's findings about conduct that served as the basis for her employment termination. Texas Middle School Parts Ways With Teacher Who Assigned Racial Slur Worksheets. The educator shall not knowingly engage in deceptive practices regarding official policies of the school district or educational institution. Sanctions range from warning letters to revocation of. Educators' Code of Ethics (outside source) Print In the order, the Board explained that it interprets the phrase the determination that a person is unfit to hold a certificate under the [Texas Education Code], Chapter 21, Subchapter B as merely referring to the certification that the person is unworthy to hold, not as requiring a finding that the person violated chapter 21, subchapter B. Reg. We conclude that substantial evidence supports the Board's decision to revoke Gomez's certificate. 5. Gov't Code Ann. In his second issue, Gomez challenges the admission of Sergeant Cavazos's testimony at the December 2007 contested-case hearing because he contends that its admission violated the June 2007 order expunging records concerning his August 2003 arrest. He argued during the proceeding before the Board that the Board would not have had Sergeant Cavazos's name and other details about the incident if it had returned or destroyed all arrest records, so it is unclear why he waited until 2009 to seek an order from the Hidalgo County District Court that the Board violated the expunction order. 5. SBEC will notconsider complaints that do not include the name and address of the individual filing the complaint. Since Gomez's contested-case hearing occurred, the Board has amended this rule and some other rules to which we will refer. Defending his original stance, Huerta answers the students questions and explains why a majority of African Americans do not support the symbol. Section 21.060 provides the Board with authority to revoke the certificate of a person who has been convicted of certain felony or misdemeanor offenses relating to the duties and responsibilities of the education profession, including but not limited to the list provided in the statute. SBEC can investigate and discipline anyone who holds a certificate issued under Chapter 21, Subchapter B of the Texas Education Code. We reach the same conclusion here about the Board's revocation of Gomez's certificate. That subcommittee investigates alleged violations of the code of ethics for teachers and administrators and, based on the investigation results, makes recommendations to the Education. However, more severe forms of discipline, including fines, suspension, and termination of membership may be imposed for serious or repeated violations. Gomez styled his suit for judicial review and this appeal as Gilbert Gomez v. Texas Education Agency and Robert Scott, Commissioner of Education, in his Official Capacity, but the Texas Education Agency (TEA) asserts that Mr. Scott is not a proper party because the Board, not the TEA, rendered the final order in this case. Thus, it is clear from the record that before filing the petition the Board's staff had talked to Sergeant Cavazos as part of its investigation of the incident. In the schools latest statement, they blame a since-rescinded letter of resignation, a new head coach, and pandemic-related concerns for the decision to take Huerta off the sidelines. The following crimes are directly related to the duties and responsibilities or the educator profession: 3. Co., 997 S.W.2d 248, 254 (Tex.1999) (addressing rule construction). When we construe administrative rules and statutes, our primary objective is to give effect to the intent of the issuing agency and legislature, which, when possible, we discern from the plain meaning of the words chosen. State v. Shumake, 199 S.W.3d 279, 284 (Tex.2006) (addressing statutory construction); see Rodriguez v. Service Lloyds Ins. To focus on the skills and knowledge necessary to foster a learner centered classroom To help parents understand the role of the teacher in their child's education To prepare teachers for the new demands of standardized tests Yes. When Sergeant Cavazos approached the dance floor, he saw a male about ten to fifteen feet from the dance floor holding his penis in his hand and staring at the dancers as he rubbed himself. What disciplinary action can SBEC take? A person who is not found to have good moral character fits the Marrs definition of unworthy to instruct because the person is morally unfit. 270 S.W. No. v. Starr Indus. 21.031.060. The ALJ found that Gomez's conduct did not involve: a student or minor; school activities or property; controlled substances; professional advancement; or other educators, nor did it result in a criminal conviction or adjudication of guilt under criminal law. She also concluded that the Board failed to show that Respondent's conduct violated a state regulation or written local school board policy and that neither the Board nor SOAH had jurisdiction to decide whether Gomez's conduct violated the only pertinent state or federal law, penal code section 42.01(10). (finding agency's interpretation of statute reasonable when statute did not impose deadline for requesting assault leave and agency required leave request to be made within reasonable time of alleged assault). for Educator Certification, Definitions) (defining unworthy to instruct as the determination that a person is unfit to hold a certificate under the [Texas Education Code], Chapter 21, Subchapter B); see also generally Tex. 2308 (1999); see also Tex. In Marrs, the court considered whether the term unworthy to instruct was too vague to define a disqualification to hold a teacher's certificate and determined that it was not. Gratuity. A professional code of ethics is designed to ensure employees are behaving in a manner that is socially acceptable and respectful of one another. Additionally, the Board may investigate and take disciplinary action against applicants for certification, examinees taking certification exams, anyone in an educator preparation program and persons erroneously issued a certificate. We review the district court's decision about a remand request for an abuse of discretion. A review of the education code's relevant parts and the history of the rule's definition of unworthy to instruct shows that the Board's interpretation is reasonable. at 588. Code of Ethics for Professional Teachers. The first stated that Gomez's conduct described in findings of fact numbers 6 and 7 establishes that [Gomez] is unworthy to instruct or supervise the youth of the state.5 The second stated that Gomez's educator certificate should be revoked.6 See 19 Tex. We overrule Gomez's second issue. Compare Tex. Educ.Code Ann. 10. Under the Board's interpretation, engaging in conduct that rises to the level of indecent exposure is conduct that renders a person unworthy to instruct.8 The ALJ made findings of fact that Sergeant Cavazos saw Gomez rubbing his exposed penis with his hand near the dance floor and that Gomez engaged in this public conduct with reckless disregard for whether others could see it and for purposes of sexual gratification. Sauls says Huerta had the option to remedy the situation through a process laid out in the Tattnall County Board of Education policy. (a) In compliance with the Texas Education Code, 21.041(b)(8), the State Board for Educator Certification (SBEC) adopts an Educators' Code of Ethics as set forth in 247.2 of this title (relating to Code of Ethics and Standard Practices for Texas Educators). for Educator Certification). In subchapter A, the education code provides that [a] person may not be employed as a teacher by a school district unless the person holds an appropriate certificate or permit issued as provided by Subchapter B. Id. Enforceable Standards. When Sergeant Cavazos approached him to take him outside, the male said wait, wait and tried to zip his pants up. Sometime later, the charges were dismissed. P.D. Board's interpretation of unworthy to instruct. 5608 (2007), adopted 32 Tex. Tex. Attorneys for TCHS say Huerta violated ethical standards by creating the perception that Tattnall County High School supports the theory that teacher inadequacy can result in parental requests for a teacher of their liking., Huertas attorney argues, we do not know of any language in any handbook that reflects this exact reason. An individual's code of ethics can include their beliefs, values and background. To the extent his argument that the Board had no basis for imposing discipline against him could be construed as a substantial-evidence argument (in the narrower sense of the term), we presume that the Board's order is supported by substantial evidence, and Gomez bears the burden of proving otherwise. If there is some reasonable basis in the record for the Board's decision, we will uphold it even if the evidence preponderates against it. Title 2, subtitle D, chapter 21 of the education code regulates educators in the public education system. Some code of ethics examples in education include: Consideration - Teachers should put the needs of their students first. Latest legal updates TCTA has the best member-to-attorney ratio of any Texas teacher group. Gov't Code Ann. See Marrs, 270 S.W. Sergeant Cavazos testified that although he could recall the date of the incident and Gomez's name only after reviewing the Board's petition, the petition was the only document he used to refresh his memory. 2. Gov't Code Ann. Code 249.3(25) (2007). See 19 Tex. The Board also sought to revoke Gomez's certificate on the grounds that his conduct demonstrated that he is a person who conducted school or education activities in violation of law and had violated provisions of the educator's code of ethics, including Standard 1.7 (failing to comply with state regulations, written local school board policies, and other applicable state and federal laws). See 19 Tex. Consequently, we will defer to the Board's interpretation of the rule. In March, a first-year science teacher at Danbury High School was accused of inappropriate sexual contact with a 17-year-old male student. Gomez testified that he did not expose himself, but admitted that he was at Graham Central Station on August 7, 2003, and was escorted out of the nightclub by a security person. For further information, download the REALTOR Code of Ethics or visit the National Association of REALTORS' member resources for the Code of Ethics and professional standards. Gov't Code Ann. 21.058(a) (West 2006); see also Tex. 37-3-2- (11) and scheduling hearings if needed. Professional liability insurance Our $250,000 Teacher Defense Fund helps cover costs for outside counsel. See Texas Health Facilities Comm'n v. Charter Med.-Dallas, Inc., 665 S . 1. 55.04 (West 2006). The range of penalties includes censure, removal from office, permanent disqualification from holding any state position, restitution, decades in prison, and fines up into the hundreds of thousands of dollars. Trust allows villages to exist, and hence towns, and cities, and regional authorities and nations. 2001.175(e) (West 2008). Gomez was never convicted of a crime and his arrest records were later expunged. During the hearing, the Board offered Sergeant Cavazos's testimony, and Gomez offered his own testimony, along with that of two character witnesses, both educators who had worked in the Donna Independent School District for many years. The Educators' Code of Ethics is set forth in Texas Administrative Codetoproviderules for standard practices and ethical conduct toward students, professional colleagues, school officials, parents, and members of the community. Contrary to Gomez's contention, the APA specifically authorizes the Board to: change a finding of fact or conclusion of law made by the [ALJ], or [to] vacate or modify an order issued by the [ALJ], only if the agency determines that the [ALJ] did not properly apply or interpret applicable law, agency rules, or prior administrative decisions The agency shall state in writing the specific reason and legal basis for a change made under this subsection. Gov't Code Ann. A well-defined code of ethics will help you negotiate difficult times during the life of your career. SBEC may take disciplinary action against an educatorfor the following reasons: The above list is not exclusive. Gomez's contested-case hearing was held before the ALJ on December 6, 2007. This material may not be published, broadcast, rewritten, or redistributed. Standard 2.4: The educator shall not interfere with a colleague's exercise of political, professional, or citizenship rights and responsibilities. Reg. 7. 311 .023(1), (3), (4) (West 2005); see also Shumake, 199 S.W.3d at 284. The Texas Educators' Code of Ethics, which is outlined in the state's administrative code, contains 29 ethical standards within three separate categories governing teachers' professional. 2001.174 (West 2008). 5. Gomez raised the issue of whether the Board erred by finding a basis to impose discipline against him, but the Board contends this is a different issue (although we note that the Board necessarily rejected the ALJ's recommendation by finding a basis to impose discipline). We also reiterate that the Tattnall County Board of Education has no official policy on social media posts., Huerta originally claimed the school suspended him from coaching sports for one year over the dispute. Gov't Code Ann. Gomez asserts that if the Board had complied with the expunction order, it would not have had Sergeant Cavazos's name. An agency acts arbitrarily if it makes a decision without regard for the facts, if it relies on fact findings that are not supported by any evidence, or if there does not appear to be a rational connection between the facts and the decision. Before the hearing, Gomez filed a motion for no-evidence summary disposition, arguing that because his arrest record had been expunged, the Board could not produce any evidence in support of its claim because the expunction order and the code of criminal procedure prohibited the Board from using any records or files concerning Gomez's arrest. The ALJ conducted a one-day evidentiary hearing. Standard 1.3. 55.03 (West 2006). You may have seen the Georgia Professional Standards Commission's video about the Code of Ethics. 21.003(a) (West Supp.2010). at 588. Code 249.15(b)(2) (allowing Board to revoke certificate based on satisfactory evidence that person is unworthy to instruct). (quoting Starr Cnty. The Board opposed the motion to exclude evidence, asserting that Sergeant Cavazos's testimony would be based on his memory as an eyewitness to the incident. In October 2006, the Board filed a petition against Gomez with the State Office of Administrative Hearings (SOAH), alleging that Gomez's conduct at the nightclub indicated that he is a person unworthy to instruct or supervise the youth of the State of Texas and seeking the permanent revocation of his educator certificate. Texas Administrative Code (a) In compliance with the Texas Education Code, 21.041 (b) (8), the State Board for Educator Certification (SBEC) adopts an Educators' Code of Ethics as set forth in 247.2 of this title (relating to Code of Ethics and Standard Practices for Texas Educators). 21.058(b). (A) Standard 1.1. 2001.174(1). Gov't Code Ann. Communication - Teachers work with parents as a support team for each student. A Texas elementary school teacher has resigned after posting photos and personal information of her students online, the Austin American Statesman reports. 2009, no pet.) Gomez held an active Texas Educator Certification at the time of the incident and was employed by Donna Independent School District during the 20032004 school year. (Smiley N. Pool / Staff Photographer) The 13-year-old girl was in gym class when she said she heard a boy tell . The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district, educational institution . Subcommittee will look into alleged campaign violations and sexual misconduct by Republican who admitted to lying The House ethics committee has opened an investigation into George Santos, the . This appeal followed. See id. Educ.Code Ann. Code 249.14(g) (2011) (State Bd. TCHS says it started with a post by history teacher Jordan Huerta, which called into question the history of Confederate symbols on Georgias state flag. Standard 1.6: The educator shall not falsify records, or direct or coerce others to do so. Not all complaints will be investigated by Educator Investigations staff. The Board found that the ALJ did not properly interpret the definition of unworthy to instruct because her recommendation was inconsistent with prior administrative decisions, which did not require the Board to identify a subchapter B violation (i.e., an enumerated criminal conviction) to make an unworthy to instruct determination, and with applicable case law interpreting the meaning of unworthy to instruct. See Marrs v. Matthews, 270 S.W. Contact us. for Educator Certification, Disciplinary Action by State Bd. Anyone who believes a REALTOR has violated the Code of Ethics may file a complaint. 6. 11. Gilbert Gomez appeals the district court's judgment affirming the final order of the State Board for Educator Certification (the Board), which revoked his Texas Educator Certificate.1 The Board ordered the certificate revocation after determining that Gomez was unworthy to instruct or supervise the youth of the state under its rules. We will assume without deciding that Gomez preserved error on the issue because we have concluded that the Board did not err by rejecting the ALJ's recommendation and finding a basis to impose discipline against Gomez. the Texas Education Agency, or the State Board for Educator certification (SBEC) and its certification process. That standard provided that an educator should demonstrate conduct that follows generally recognized professional standards. Indecent exposure has been included in the Priority 1 category of conduct that indicates a risk to the health, safety, or welfare of a student or minor, parent of a student, fellow employee, or professional colleague since section 249.14's adoption in 1999. 2001.175(c) (West 2008). See generally Tex. Kandice Mason, a 6th grade teacher in Hoke County public schools who moonlights as a pole-dancing fitness instructor, was suspended on Aug. 16 due to violations of the county's social media. 9112 (2007) (to be codified at 19 Tex. 9112 (2007). Gomez has failed to allege this type of procedural irregularity here, however, contending instead that a procedural irregularity occurred when the ALJ admitted evidence that had been ordered expungedpresumably referring to Sergeant Cavazos's testimony. 6. Communicating with courts, districts, and educators, when violations of the MS Educator Code of Ethics and Standards of Conduct and/or Miss.