(b) Each applicant for initial issuance of a credential shall submit a
FOR
completed Application for Character and Identification Clearance on
CHARACTER AND
a form adopted by the Commission on which he or she will set forth
IDENTIFICATION
evidence of identification and good moral character which shall be
CLEARANCE
used for the sole purpose of determining the applicant's eligibility for a credential or Certificate of Clearance.
(c) The Application for Character and Identification Clearance shall include, but not be limited to, the following information for applicants:
(1) That the Commission is prohibited from issuing to or renewing the credential of any person convicted of any sex offense listed under
Education Code Section 44010; or any narcotics offense listed under Education Code Section 44011; or who has been determined to be a mentally disordered sex offender; or that if a person holds a credential and has been convicted of any offense listed in Education Code Section 44424, such credential must be revoked.
80302
STANDARDS FOR
(a) The Committee, in conducting its investigation, shall determine
INVESTIGATION
the relationship between the alleged misconduct and the applicant's or holder's fitness, competence, or ability to effectively perform the duties authorized by the credential. Such relationship may be based on facts which include, but are not limited to, the following:
(1) The likelihood that the conduct may have adversely affected students, fellow teachers, or the educational community, and the degree of such adversity anticipated;
(2) The proximity or remoteness in time of the conduct;
(3) The type of credential held or applied for by the person involved;
(4) The extenuating or aggravating circumstances surrounding the conduct;
(5) The praiseworthiness or blameworthiness of the motives resulting in the conduct;
(6) The likelihood of the recurrence of the questioned conduct;
(7) The extent to which disciplinary action may inflict an adverse impact or chilling effect upon the constitutional rights of the person involved, or other certified persons;
80302 (cont.)
(8) The publicity or notoriety given to the conduct.
(b) If the Committee finds no relationship between the alleged misconduct and the applicant's or holder's fitness, competence or ability to effectively perform the duties authorized by the credential the Committee shall close the investigation.
80303
REPORTS OF
(a) Whenever a credential holder, working in a position requiring a
CHANGE IN
credential:
EMPLOYMENT
STATUS
(1) is dismissed or nonreelected;
(2) resigns;
(3) is suspended or placed on unpaid administrative leave as a final adverse employment action for more than 10 days;
(4) retires; or
(5) is otherwise terminated by a decision not to employ or re- employ; as a result of an allegation of misconduct or while an allegation of misconduct is pending, the superintendent of the employing school district shall report the change in employment status to the Commission not later than 30 days after the
employment action.
(b) The report shall contain all known information about each alleged act of misconduct.
(c) The report shall be made to the Commission regardless of any proposed or actual agreement, settlement, or stipulation not to make such a report. The report shall also be made if allegations served on the holder are withdrawn in consideration of the holder's resignation, retirement, or other failure to contest the truth of the allegations.
(d) Failure to make a report required under this section constitutes unprofessional conduct. The Committee may investigate any superintendent who holds a credential who fails to file reports required by this section.
(e) The superintendent of an employing school district shall, in writing, inform a credential holder of the content of this regulation whenever that credential holder, working in a position requiring a credential, is dismissed, nonreelected, resigns, is suspended or placed on unpaid administrative leave as a final adverse
terminated by a decision not to employ or re-employ as a result of
an allegation of misconduct or while an allegation of misconduct is pending. Failure to comply with this subdivision by a
superintendent of schools constitutes unprofessional conduct which shall be investigated by the Committee of Credentials.
80304
NOTICE OF
(a) A notice filed pursuant to Education Code section
SEXUAL
44242.5(b)(4) alleging sexual misconduct shall contain all of the
MISCONDUCT
following information:
(1) name of the holder alleged to have engaged in misconduct;
(2) name, age and address of each victim of the alleged misconduct;
(3) a summary of all information known to the employer regarding the alleged misconduct; and
(4) a summary of the action, if any, taken at the district level by the employer in response to the complaint of sexual misconduct.
80306
TIME FOR
(a) With the exceptions set forth in Education Code section 44242.7(a),
PRESENTATION
an allegation of an act or omission by a credential holder shall be
OF ALLEGATIONS
presented to the Committee within four years from the date of the alleged act or omission, or within one year from the date the act or omission should reasonably have been discovered by the Commission.
(b) For purposes of Education Code section 44242.7(a), a matter is presented to the Committee when the credential holder or applicant is notified that the matter is set for initial review by the Committee.
80307
DISCLOSURE OF
(a) Upon receipt of a written request, the Committee shall disclose
DOCUMENTS
to the credential holder or applicant or his or her attorney only those
DURING
portions of the investigation file as authorized by Education Code
INVESTIGATION
section 44244(a).
(b) Disclosure of documents pursuant to subsection (a) may be provided at any time subsequent to the commencement of the initial review pursuant to Education Code section 44242.5(c).
80307.1
INVESTIGATION
An investigation is commenced on the date respondent is first notified,
COMMENCES
in writing, that his or her fitness to hold a credential is under initial review.