Policy: 5006
Personnel
Certification Revocation
The board of directors recognizes its responsibility to protect students from physical and/or emotional harm. Staff members are expected to exhibit “good moral character and personal fitness” as they teach or supervise students. Staff members will not engage in unprofessional conduct including, but not limited to:
A. The related acts of immorality and/or intemperance;
B. Violation of written contract;
C. Crime against the state or involving the physical neglect of children;
D. The physical injury of children;
E. Sexual misconduct with children or students;
F. Misrepresentation or falsification in the course of professional practice;
G. Possession, use or consumption or being under the influence of alcohol or of a controlled substance on school premises or at a school-sponsored activity involving students;
H. Disregard or abandonment of generally recognized professional standards;
I. Abandonment of contract for professional services;
J. Unauthorized professional practice;
K. Illegal furnishing of alcohol or a controlled substance, including marijuana (cannabis) to a student; or
L. Improper remunerative conduct.
Unprofessional conduct will not include matters such as insubordination, violation of the collective bargaining agreement or other employment related acts correctable by the district or other civil remedies.
When the superintendent possesses sufficient reliable information to believe that a certificated employee is not of good moral character or personally fit or has committed an act of unprofessional conduct, within a reasonable period of time of making such determination, he/she will file a written complaint with the Superintendent of Public Instruction.
If the district is considering action to discharge a staff member, the superintendent need not file such complaint until ten calendar days after making the final decision to serve or not serve formal notice of discharge. Such written complaint will state the grounds for revocation and summarize the factual basis upon which a determination has been made that an investigation by the Superintendent of Public Instruction is warranted. The Superintendent of Public Instruction will provide the affected certificate holder with a copy of such written complaint.
Intentional failure to file a complaint is an act of unprofessional conduct and may be sufficient cause for revocation of the superintendent’s professional education certificate. A staff member may voluntarily surrender his or her certificate.
The superintendent will maintain a confidential file containing allegations and the findings related to his/her investigation.
Cross References:
5281 – Disciplinary Action and Discharge
5005 – Employment Disclosures, Certification Requirements, Assurances and Approval
Legal References:
RCW 28A.400.320 Crimes against children – Mandatory termination of classified employees – Appeal – Recovery of salary or compensation by district
RCW 28A.405.470 Crimes against children – Mandatory termination of certificated employees – Appeal – Recovery of salary or compensation by district
RCW 28A.410.090 Revocation or suspension of certificate or permit to teach – Criminal basis – Complaints – Investigation – Process
RCW 28A.410.100 Revocation of authority to teacher – Hearings
RCW 28A.410.110 Limitation on reinstatement after revocation – Reinstatement prohibited for certain felony crimes
Chapter 181-79A WAC Standards for teacher, administrator, and educational staff associate certification
Chapter WAC 181-86 Professional certification – Policies and procedures for administration of certification proceedings
Chapter WAC 181-87 Professional certification – Acts of unprofessional conduct
WAC 181-79A-155 Good Moral Character and Personal Fitness – Necessary supporting evidence applicants
Adopted 5/2017