NAVIGATING THE DANGEROUS SEAS OF TEACHER DISCIPLINE

1
NAVIGATING THE DANGEROUS SEAS OF TEACHER
DISCIPLINE

• ACSAs 2014 Personnel Institute
• October 9, 2014
• Presented By
• Michelle L. Cannon

2
Introduction

• Every former student can recall the teacher who
  couldnt teach. Yet the belief that such
  teachers tenure meant absolute protection from
  dismissal was shared by students, parents, school
  administrators and school boards. Myth or
  reality?
• It is possible to dismiss poor teachers and
  teachers who engage in misconduct.
• An absolute first step in the teacher dismissal
  process is proper training of school
  administrators in evaluating teachers and
  documenting misconduct. District administrators
  must also develop a plan and work as a team with
  advice of legal counsel.

3
Knowledge about specific legal requirements

• Statutory causes for dismissal
• Procedural pitfalls in Education Code
• Personnel files (Ed. Code 44031) and Miller v.
  Chico
• Performance evaluations Documentation
• Commission on Professional Competence (CPC) and
  Hearing Process
• Dismissal Process from A to Z

4
Changes in law starting January 1, 2015

• Egregious Conduct
• Alternative process
• Miscellaneous changes

5
Statutory Causes for Dismissal of Permanent
Teacher

• Education Code 44932(a) lists the following
  causes for dismissal

• Immoral Conduct (Immediate unpaid suspension per
  Ed. Code 44939)
• Unprofessional conduct (45-day Notice of
  Deficiency per Ed. Code 44938(a))
• Dishonesty
• Unsatisfactory Performance (90-day Notice of
  Deficiency per Ed. Code 44938(a))
• Evident Unfitness for Service

6
Statutory Causes for Dismissal of Permanent
Teacher (contd)

• Physical/Mental condition making person unfit to
  teach
• Persistent Violation of or Refusal to Obey School
  Laws of the State or Reasonable Regulations of
  State or Governing Board
• Conviction of a Felony or any Crime Involving
  Moral Turpitude (also allows for immediate unpaid
  suspension)
• Knowing membership in Communist Party
• Alcoholism or other drug abuse which makes
  employee unfit to teach

7
Statutory Causes for Suspension of Permanent
Teacher

• Education Code 44932(b) authorizes suspension
  without pay for a specific period of time.
• Only for Unprofessional Conduct
• Only if 45-day Notice of Deficiency has been sent
• Only if there is no provision in collective
  bargaining agreement

8
Immediate Unpaid Suspension

• Education Code 44939 authorizes immediate
  unpaid suspension upon filing of charges for
  dismissal.
• May be used when teacher charged with immoral
  conduct, conviction of a felony or a crime
  involving moral turpitude, incompetency due to
  mental disability, and willful refusal to perform
  regular assignments without reasonable cause.

9
Procedural Pitfalls Education Code

• Education Code 44944(a)
• No witness shall be permitted to testify at the
  hearing except upon oath or affirmation. No
  testimony shall be given or evidence introduced
  relating to matters which occurred more than four
  years prior to the date of the filing of the
  notice. Evidence of records regularly kept by
  the governing board concerning the employee may
  be introduced, but no decision relating to the
  dismissal or suspension of any employee shall be
  made based on charges or evidence of any nature
  relating to matters occurring more than four
  years prior to the filing of the notice.
  (Emphasis added.)

10
Procedural Pitfalls Education Code (contd)

• This section places a strict limitation on the
  time that can elapse between any incident and the
  filing of the Notice of Dismissal and Statement
  of Charges.
• Possible exception based upon equitable
  estoppel (Atwater case).
• Education Code 44944(a) also provides that
  hearing must commence within 60 days from date of
  employees demand for hearing.
• Statement of Charges must be verified.

11
Procedural Pitfalls Education Code (contd)

• Two charging documents
• Statement of Charges under Education Code
• Accusation under Administrative Procedure Act
• Education Code 44936 prohibits giving of Notice
  of Dismissal or Suspension between May 15 and
  September 15.

12
Procedural Pitfalls Cases

• Morrison standards (Morrison v. State Board of
  Education 1969 California Supreme Court)
• Applies to teacher dismissal based upon the
  following causes
• Immoral Conduct
• Dishonesty
• Evident Unfitness for Service
• Case involved private, consensual, noncriminal
  homosexual relationship which had occurred 19
  months before
• Conduct must indicate teacher is not fit to teach

13
Procedural Pitfalls Cases (contd)

• Morrison standards
• Harm caused by conduct to students or fellow
  teachers
• Degree of harm anticipated
• Proximity or remoteness in time
• Type of teaching certificate
• Extenuating or aggravating circumstances
• Motive
• Likelihood of recurrence
• Chilling effect on legal rights

14
Procedural Pitfalls Cases (contd)

• Impact of Morrison there must be some nexus
  between teachers conduct and job performance
  before conduct can form basis for dismissal
• Recent update San Diego USD v. CPC (2011)

15
Personnel Files (Education Code 44031 and
Miller v. Chico)

• If it is not written down, given to employee and
  placed in the employees personnel file within a
  reasonable time, it did not happen.
• Intent is to give teacher notice of any
  performance problems and the opportunity to
  respond, i.e. to tell his or her side of the
  story.
• Unless CBA or Policy prohibits it, supervisors
  may keep a working file to store temporary
  records (such as calendars or handwritten notes)
  relative to recent incidents.

16
Personnel Files (Education Code 44031 and
Miller v. Chico) (contd)

• Any information in working file that has ongoing
  significance must find its way from working file
  into personnel file via
• Performance evaluation
• Formal documentation
• Must be made available for inspection

17
Personnel Files (Education Code 44031 and
Miller v. Chico) (contd)

• Magic paragraph -
• Pursuant to Education Code 44031, you have
  the right to comment upon this Notice and to have
  your written comments attached to a copy, which
  will be placed in your personnel file maintained
  in the districts personnel office in
  approximately ten days.

18
Sound Evaluations Are Critical Component Of A
Winning Case Based on Unsatisfactory Performance

• Why are evaluations and documents so important?
  Because documents speak louder than words!
• Full compliance with all provisions in CBA,
  including evaluation forms
• Timelines
• Procedural steps

19
Sound Evaluations Are Critical Component Of A
Winning Case Based on Unsatisfactory Performance
(contd)

• Goal
• Provide written record to support testimony
  during hearing before CPC
• Importance of detail in evaluation creating an
  accurate record of what is occurring in classroom
• Avoid union challenge

20
TEACHER EVALUATIONS CAN MAKE A DIFFERENCE!!

• Properly prepared evaluations can reward and
  support good teachers and help them become better
  teachers
• Enhance ongoing conversations between teacher and
  administrator about what works and what does not
  work and why and how to improve

21
TEACHER EVALUATIONS CAN MAKE A DIFFERENCE!!
(contd)

• Minimize misunderstandings verbal communication
  can be misunderstood
• Provide record for teacher for later reference
• Stimulate teacher reflection to enhance student
  learning
• Provide documentation for any discipline

22
TEACHER EVALUATIONS CAN MAKE A DIFFERENCE!!
(contd)

• But remember
• Primary objective is always to improve job
  performance
• Secondary objective is to document poor
  performance

23
Building a Winning Case

• Types of Documentation
• Evaluations
• Letters of warning, direction, reprimand
• Formal notices of deficiency (with most recent
  evaluation attached)
• 45-Day Notice of Unprofessional Conduct
• 90-Day Notice of Unsatisfactory Performance
• Combined notice for both

24
Building a Winning Case (contd)

• Plan for Improvement
• In a dismissal hearing documentation is key.
  School Districts are inherently at a disadvantage
  in witness credibility battles. The natural
  tendency is to resolve any doubts in favor of the
  underdog the teacher who is fighting for their
  job.
• Without documentation teacher may argue
  performance was satisfactory and/or had no
  knowledge of problems.
• Only accurate and specific documentation can
  counter this argument.

25
Commission on Professional Competence

• Dismissal hearing is conducted before a
  three-person panel (CPC) composed of
• Administrative law judge who serves as
  chairperson
• One member selected by teacher
• One member selected by district and
• Both of these members cannot be employees of the
  district initiating the dismissal, must hold a
  currently valid credential, and must have at
  least five years experience within the past ten
  years in the discipline of the teacher.

26
Commission on Professional Competence (contd)

• Standard of proof preponderance of the
  evidence.
• Written decision by CPC.

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Other Important Reminders

• Placement of teachers on paid administrative
  leave.
• Weingarten Rights Employees right to
  representation in investigatory
  interviews/meetings that employee reasonably
  believes might result in disciplinary action.
• Right is not triggered until employee requests
  representation.
• School district has no obligation to inform
  employee of the right.

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Dismissal of Probationary Teachers

• Non-reelection on or before March 15 of second
  consecutive complete school year.
• But effective at end of the year, not mid-year.
• Dismissal mid-year under Educ. Code 44948.3.
• Same causes as for permanent employees.
• 45 day/90 day notice requirements apply.

29
Dismissal of Probationary Teachers (contd)

• Notice of dismissal by March 15th for 2nd year
  probationary employees.
• Must include statement of reasons and notice of
  opportunity to appeal.
• Teacher has 15 days from receipt of notice to
  request a hearing.
• Hearing before an ALJ with a recommended decision
  to governing board.
• No CPC panel.
• Suspension without pay for a specified period of
  time as an alternative to dismissal.

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Ok, We Are Ready to Move Forward With Dismissal
of A Permanent Teacher, Now What?

• Key Decision before filing charges is it worth
  going forward?

31
Ok, We Are Ready to Move Forward With Dismissal,
Now What? (contd)

• Even if we can prove all these facts and charges
  will the CPC panel actually vote to terminate?
  
• Approval and support from administration at all
  levels?
• Support from key witnesses?

32
Ok, We Are Ready to Move Forward With Dismissal,
Now What? (contd)

• Do we have all relevant documents in front of us
  nothing too embarrassing or inconsistent with the
  dismissal case.
• Having all documents this early helps to prepare
  charges and respond to the teachers later
  requests for documents and information.
• Causes supporting dismissal in Educ. Code
  44932.
• Must be nexus between conduct and ability to
  function as a teacher.

33
Pre-Disciplinary Conference

• Send Skelly letter setting informal meeting to
  notify teacher of intent to recommend
  disciplinary action (including dismissal) to the
  Superintendent and Board.
• It should very closely resemble the draft
  Statement of Charges (see below).
• The employee gets the letter a few days ahead of
  the meeting time.
• Allow employee to bring representative
  (Weingarten).

34
Pre-Disciplinary Conference

• This is employees chance to respond to charges
  before they go to the Board.
• Purpose is to clear up factual mistakes, allow
  employee to state why the proposed action is
  improper under the circumstances.
• Keep it short and simple just hear what they
  have to say.

35
Pre-Disciplinary Conference

• After meeting with Human Resources
  representative, that person then decides whether
  to continue to recommend discipline.
• If district decides not to continue, notice
  should be sent to employee.
• Full Skelly hearing like that done with
  classified employees not required here.

36
Statement of Charges

• List all specific facts supporting charges/causes
  for dismissal including dates and times, if
  possible.
• Include specific laws, rules, regulations
  violated.
• Adults referred to by first and last name,
  students by first name and last initial.

37
Statement of Charges

• List all efforts to help the teacher improve, or
  understand the problem(s).
• Have Superintendent sign charges and a
  verification.
• Dont charge Unprofessional Conduct or
  Unsatisfactory Performance without giving the
  required prior written notice of such charges and
  opportunity / plan to improve (45 and 90 days,
  respectively) (Ed. Code, 44938).

38
Statement of Charges

• File with board.
• Board decides whether to issue Notice of
  Intention to Suspend and/or Dismiss in 30 days.
• (Ed. Code, 44934.)

39
Board Meets to Decide Whether to Authorize
Dismissal

• Serve Notice of Intention to Dismiss In 30 Days.
• Cannot be served on teacher between May 15 and
  September 15 (Ed. Code, 44936).
• May include notice of unpaid suspension pending
  hearing, under certain charges (Ed. Code,
  44939).
• Personal service or certified mail.

40
Board Meets to Decide Whether to Authorize
Dismissal

• Must include copies of
• Notice of Intention to Suspend and/or Dismiss
  after 30 days if no hearing requested
• Statement of Charges

41
Board Meets to Decide Whether to Authorize
Dismissal

• Blank Request for Hearing.
• Copies of Education Code sections 44930 through
  44988.
• Copies of Government Code sections 11507.5
  11507.6 and 11507.8.
• Proof of Mailing/Service by registered or
  certified mail or personal service.

42
Wait for Employees Written Request for Hearing.

• If not received within 30 days, Teacher is
  automatically terminated (Ed. Code, 44937).
• If received within 30 days
• Contact Office of Administrative Hearings
  (OAH) to open a file and get possible hearing
  dates.

43
After Request, Board Must Either Rescind its
Action or Schedule a Hearing (Ed. Code, 44943).

• At the next possible board meeting, have Board
  vote to either
• Rescind the disciplinary action or
• Proceed with a hearing on the matter.
• Once charges issued and CPC is convened, District
  cannot unilaterally dismiss charges. See 2011
  Boliou decision.

44
Prepare Accusation (Gov. Code, 11500 et seq.)

• Hearing must start within 60 days of receiving
  request (unless teacher agrees otherwise)
  Education Code section 44944.
• Before setting hearing dates, document at least
  one attempt to consult/ agree with employee on
  dates.
• If you need more time, try to get the employee to
  agree, in writing to dates farther away than 60
  days, if possible or formally open the hearing
  within 60 days and postpone the rest until later.

45
Prepare Accusation (Gov. Code, 11500 et seq.)
(contd)

• Draft detailed Accusation (re-worded Statement of
  Charges) with an emphasis on specific, provable
  misconduct/violations drafted like a complaint
  in a lawsuit showing how all the specific
  elements of each charge are met under the facts
  and circumstances (Gov. Code 11503.)
• Must specify any statutes and rules violated, not
  just charges phrased in the language of those
  statutes / rules.

46
Obtain Districts Panel Member.

• On three member panel, district picks a member,
  so does teacher other member is an
  Administrative Law Judge who runs the process
  rules on evidence and objections.
• Member must be appointed by 7 days before
  hearing, or appointment power is waived.
• Person cannot be related to the teacher, nor an
  employee of the district.

47
Obtain Districts Panel Member (contd)

• Must hold a valid teaching credential and have
  taught for at least five years in the discipline
  of the employee out of the last ten years.
• This definition allows the district to appoint an
  administrator who was previously a teacher.
• Start your search early and be persistent, as it
  often takes longer than you anticipate, and can
  confer substantial benefit at hearing.

48
Obtain Districts Panel Member (contd)

• Difficulty is that they only get reimbursement of
  costs and expenses of serving no additional
  salary, and their employer must continue to pay
  them full salary (and cost of a substitute or
  replacement).
• This can be burdensome in a hearing lasting many
  days.

49
Serve the Accusation Packet, which contains

• Statement to Respondent (setting forth basic
  notice of formal charges and various procedural
  rights e.g. discovery and to be represented by
  counsel).
• Accusation (Formal charging document should
  closely resemble both the Predisciplinary Letter,
  and the Statement of Charges).

50
Serve the Accusation Packet, which contains
(contd)

• Notice of Defense and Request for Hearing Form
  (check-off form response per Government Code
  section 11506 allowing teacher to object to the
  form of the Accusation and respond to it by
  admission or denial redundancy in Government
  Code requires teacher to again request a hearing
  within 15 days or waive right to hearing failure
  to file notice of defense also waives hearing
  right).

51
Serve the Accusation Packet, which contains
(contd)

• Statement of Charges (another copy, with same
  attachments).
• Proof of Mailing / Service by registered or
  certified mail or by personal service.

52
Prepare for Hearing

• You have only 30 days from date of Accusation to
  send out Discovery requests try to send out
  districts discovery requests at the same time as
  the Accusation packet, to have documents prior to
  any depositions.
• Early requests allow time for motion to compel
  further answers /response, if teacher or attorney
  is uncooperative (only have 15 days from
  refusal).
• Compile hearing binders.

53
Prepare for Hearing (contd)

• Contact districts witnesses to make sure their
  testimony are still solid and consistent with
  what they told you before.
• Substantial amount of work in a short period of
  time.
• Often, teachers attorney will file meritless
  nuisance motions (to limit or exclude evidence
  / discovery, dismiss entire action on
  constitutional or jurisdictional grounds) to
  run up districts costs discourage district from
  dismissing other teachers disrupt districts
  preparation for upcoming hearing.

54
Send Notice of Hearing at Least 10 Days Before
(Gov. Code, 11509)

• Gives formal notice of time and place of hearing
  reminder of various rights.
• Arrange for court reporter to record all
  proceedings.

55
Complete Discovery by One Week Before Hearing

• Broad discovery allowed Education Code section
  44944(a).
• Not only Government Code section 11507.6, but
  also includes all rights and duties of any party
  in a civil action brought in a Superior Court
  starting with Code of Civil Procedure section
  2016.

56
Complete Discovery by One Week Before Hearing

• Broad powers to inquire into any
  information/matter reasonably calculated to lead
  to admissible evidence, through
• Requests for Documents (and other tangible items)
  
• Written Questions and Answers (Interrogatories)
• Written Requests for Admissions (Statements to
  admit or deny in writing)
• Live Question and Answer Sessions (Depositions)

57
If Necessary, Amend Accusation to State
Additional Facts or Charges

• Sometimes, discovery reveals new facts and
  possible new charges.
• You can amend accusation to reflect these new
  facts and charges you plan to use and prove at
  hearing.
• Has teacher been contacting your witnesses?
  Intimidation? Other misconduct arisen since the
  charges filed?

58
If Necessary, Amend Accusation to State
Additional Facts or Charges

• However, doing so will most likely cause the
  other side to request, and obtain a postponement
  of the hearing, to help prepare a defense against
  any new matter raised.
• District counsel can also move to amend the
  accusation to conform to proof at the hearing
  itself.

59
Settlement

• Usually, the presiding ALJ will require at least
  one settlement conference (with different Judge
  than the one hearing the case).
• Most cases settle for simple economic/reality
  reasons district does not want to have to pay
  thousands of dollars in attorney fees and costs,
  and teacher does not want to create a public,
  written record of their misconduct.

60
Settlement (contd)

• Good documentation/investigation/preparation
  often leads to fast settlement on favorable
  terms.
• Do a careful cost/benefit analysis what is in
  the districts interests?
• Draft the settlement agreement carefully to
  encompass and prevent as much future trouble as
  possible.

61
Settlement (contd)

• Get teachers full release of claims against
  district (prevents future litigation by the
  teacher).
• This may or may not prevent litigation by third
  parties (students and parents) against district
  and/or teacher.

62
Settlement (contd)

• Settlement terms generally cannot be made
  confidential.
• Resignation under circumstances related to one or
  more allegations of misconduct must be reported
  to CTC per Title 5 regulations ( 80300 et
  seq.) within 30 days.

63
Attend Pre-Hearing Conference

• Purpose is to clarify and narrow issues at
  hearing, to make the process more efficient, if
  possible.
• Parties exchange final lists of witnesses and
  evidence.
• Make any last minute motions requests for
  rulings.
• Settlement usually also discussed.

64
Dismissal Hearing

• Depending on facts, lasts from 2 days to 30 days.
• Everything is recorded by court reporter (creates
  record for any appeal).
• Despite informal nature of hearing compared to
  court proceeding, its usually quite tense and
  acrimonious prepare for cross-examination.

65
Dismissal Hearing (contd)

• A lot is at stake for both parties economically
  politically emotionally.
• Decision is written, and is issued in 2 to 8
  weeks (100 day max.) depending on size of case
  and ALJ caseload.

66
Dismissal Hearing (contd)

• Appeal is by motion for reconsideration within 30
  days, or by request for appeal to Superior Court
  within 60 days.
• When any testimony or evidence concerns private
  pupil records or other private information, the
  ALJ may order that part of the hearing closed and
  evidence sealed (made a non-public record).

67
Dismissal Hearing (contd)

• Note districts have some breathing room on
  process they are allowed to make
  non-substantive procedural errors in the
  process and still get a dismissal decision, so
  long as the errors are not prejudicial errors.
• Hopefully, this prevents a decision in favor of a
  teacher on mere technicalities.

68
CPC Decision

• CPC decision must be by majority vote and is
  limited to (1) employee should be dismissed (2)
  employee should be suspended without pay or (3)
  employee should not be dismissed or suspended.

69
If Teacher Wins

• Gets immediate reinstatement plus back-pay, if
  any was withheld.
• District must pay full administrative costs of
  hearing.

70
If District Wins

• If dismissal is for immoral conduct or conviction
  of a felony or crime involving moral turpitude,
  the Board must send the CTC and County Board a
  full transcript of hearing, and request that any
  certificate for the Teacher be revoked if the
  employee is not ordered reinstated after appeal
  Education Code section 44947.

71
If District Wins (contd)

• District must pay full administrative costs of
  hearing.
• Report dismissal to CTC within 30 days.
• There is always a possibility of a lawsuit or
  other challenge by teacher alleging wrongful
  termination violation of rights, etc.

72
AB 215 Egregious Conduct(Effective 1/1/15)

• Adds egregious misconduct as a cause for
  dismissal under Education Code section 44932.
• Egregious misconduct is a form of immoral conduct
  and is defined by particular offenses
• Education Code section 44010 (sex offenses),
• Education Code section 44011 (drug offenses), and
  
• Penal Code sections 11165.2 to 11165.6 (child
  neglect, endangerment, abuse).

73
AB 215 Egregious Conduct(Effective 1/1/15)

• Adds Education Code section 44934.1 for
  processing egregious conduct cases
• Requires service on the employee of written
  notice of the districts intent to dismiss, along
  with a statement of charges, and allows for
  immediate unpaid suspension pending dismissal
  under newly added Education Code section 44939.1.
  
• Notice of dismissal may be served at any time
  during the year. (Educ. Code 44936(a).)

74
AB 215 Egregious Misconduct New Dismissal
Process

• Adds Education Code section 44944.1 as exclusive
  means for dismissal based solely on charges of
  egregious misconduct. (Educ. Code 44944.1(b).)
• Hearing conducted by single ALJ instead of
  3-member CPC panel. (Educ. Code 44944.1(c).)
• Hearing must begin within 60 days of employees
  demand for hearing and OAH must prioritize these
  cases over other dismissal cases. (Educ. Code
  44944.1(d)(1)(A).)

75
AB 215 Egregious Misconduct New Dismissal
Process

• Evidence may be admitted regarding egregious
  misconduct that occurred more than 4 years prior
  to the initiation of the proceedings. (Educ. Code
  44944.1(d)(3).)

76
AB 215 Egregious Misconduct New Dismissal
Process

• If ALJ determines employee should be dismissed or
  suspended, the district and State share expenses
  of hearing (including ALJ) and district and
  employee pay own attorney fees.
• IF ALJ determines employee should not be
  dismissed or suspended, district pays costs of
  hearing and reasonable attorneys fees for
  employee.

77
AB 215 Changes to Existing Law

• Eliminates the May 15- Sept 15 blackout period
  for serving dismissal charges for all causes of
  action other than unsatisfactory performance.
• Charges based on unsatisfactory performance may
  only be served during the instructional year of
  the schoolsite where the teacher is physically
  employed.
• Hearing must be commenced within 6 months and
  completed within 7 months.

78
AB 215 Changes to Existing Law

• CPC can be waived by mutual agreement so that
  heard by single ALJ.
• Discovery now limited to depositions, initial
  disclosures Pre-hearing disclosures.

79
AB 215 Changes to Existing Law (unpaid
suspension not based on egregious misconduct)

• Allows employees who have been immediately
  suspended without pay to file a motion with OAH
  for reversal of the suspension within 30 days and
  a hearing must be held within 30 days of filing
  motion. (Educ. Code 44939(c).)
• ALJ must issue an order within 15 days of the
  hearing and if the suspension is not upheld, the
  district must provide the employee with lost
  wages, benefits, and compensation within 14 days
  of service of the order.

80
AB 215 Changes to Existing Law

• Adds Education Code section 44939.5
  which prohibits districts from entering
  settlement agreements to remove credible
  complaints of, substantiated investigations into,
  or discipline for egregious misconduct from
  personnel files.
• Districts must disclose they made a report to the
  CTC about egregious misconduct when other school
  employers inquire about a potential applicant.
  (Educ. Code 44939.5.)

81
Amended Title V, section 80303 Regulation

• Effective July 1, 2014.
• Section 80303 requires superintendents to report
  change of certificated employment status as a
  result of misconduct to the CTC.
• Prior language often resulted in over-reporting
  to include misconduct such as unsatisfactory
  performance or even layoffs.
• Prior law also failed to provide guidance to
  superintendents as to documentation which must be
  submitted.

82
Amended Title V, section 80303 Regulation

• Provides CTC must be notified whenever, as a
  result of misconduct or while an allegation of
  misconduct is pending, an employee is dismissed
  or non-reelected resigns, is suspended or placed
  on unpaid admin leave (as a final adverse
  employment action) retires or is otherwise
  terminated.
• Otherwise terminated shall not include or be
  interpreted to include a change of status that is
  solely for unsatisfactory performance or a
  layoff or reduction in force.

83
Amended Title V, section 80303 Regulation

• Requires all known information about each
  alleged act of misconduct organized as follows
• Name of credential holder current address of
  credential holder name of reporting district
  name of last school or district assignment
  explanation of the allegation of misconduct or
  pending allegation of misconduct current contact
  information for all persons who may have
  information relating to the alleged misconduct
  and any and all documentation related to the
  case.

84
Amended Title V, section 80303 Regulation

• Failure to make a report constitutes
  unprofessional conduct.
• CTC must now investigate a superintendent who
  fails to file required report.

85
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