(a) “Adverse action” is a denial, a private admonition, public reproval, suspension or a revocation of one or more credentials.
(b) “Aggravating factor” is an event or circumstance which demonstrates that a greater degree of adverse action for an act of professional misconduct is needed to adequately protect the public, schoolchildren or the profession. Aggravating factors may include, but are not limited to, the following:
(1) a prior record of adverse action including the nature and extent of that record;
(2) that the misconduct evidences multiple acts of wrongdoing or demonstrate a pattern of misconduct;
(3) that the misconduct was surrounded by or followed by bad faith, dishonesty or other violation of the laws governing educators;
(4) that the misconduct significantly harmed a child entrusted to the care of a credential holder or applicant, significantly harmed the public or the educational system;
(5) that the holder or applicant demonstrated indifference toward the consequence of the misconduct, which includes failure to comply with known court orders; or
(6) that the holder or applicant had prior notice, warnings or reprimands for similar conduct from any reliable source.
(c) “Applicant” is an individual applying for a credential, permit, waiver or other certification document issued by the Commission on Teacher Credentialing.
(d) “Commission” is the Commission on Teacher Credentialing or a predecessor agency.
(e) “Committee” is the Committee of Credentials.
(f) “Confidential investigative report” is a summary of applicable law and relevant facts, as well as information regarding aggravating and mitigating factors, prepared and presented to the Committee pursuant to Education Code section 44242.5(c)(2).
(g) “Credential” is any credential, certificate, life document, life diploma, permit, certificate of clearance, or waiver, or other document which authorizes the holder to perform services which require certification and was issued by the Commission.
(h) “Complainant” is the person or persons filing a statement pursuant to Education Code section 44242.5(b)(2), or an employer filing a notice pursuant to Education Code section 44242.5(b)(3), or (4).
(i) “Denial” is refusal to grant a credential to an applicant whose conduct comes within the provisions of Education Code sections 44345, 44346, or 44346.1.
(j) “Employer” is the entity which contracts with or otherwise engages a holder or applicant for the performance of educational services.
(k) “Formal review” is the meeting held pursuant to Education Code section 44244.
(l) “Holder” is an individual possessing a credential, permit, waiver or other certification document issued by the Commission.
(m) “Mitigating factor” is an event or circumstance which demonstrates that the public, schoolchildren and the profession would be adequately protected by a more lenient degree of adverse action or no adverse action whatsoever. Mitigating factors may include, but are not limited to, the following factors:
(1) absence of any prior record of adverse action over many years of educational service, coupled with present misconduct which is not deemed most serious;
(2) lack of harm to the person who is the object of the misconduct;
(3) emotional or physical difficulties suffered by the holder or applicant which substantially contributed to the misconduct; provided that the difficulties were not the product of illegal conduct by the credential holder or applicant, such as illegal drug or substance abuse; and further provided that the credential holder or applicant has established through clear and convincing evidence that he or she no longer has such difficulties;
(4) a demonstration of good character of the applicant or holder attested to by references from the educational community or the general community from individuals aware of the extent of the applicant's or holder's misconduct;
(5) objective action taken by the applicant or holder, spontaneously demonstrating remorse at the time of the misconduct, and recognition of the wrongdoing which is designed to timely make amends for the consequences of the misconduct;
(6) the proximity or remoteness in time relative to the seriousness of the misconduct; or
(7) the nature and extent of subsequent rehabilitation.
(n) “Private admonition” is an adverse action defined and governed by Education Code section 44438.
(o) “Probable cause” is reasonable grounds for belief in the existence of facts warranting adverse action.
(p) “Public reproval” is a public warning from the Commission that conduct is not appropriate for a credential holder or applicant. Following a public reproval, commission of the same or similar misconduct may result in more serious adverse action. It is issued only when adequate to appropriately protect the public, schoolchildren and the profession.
(q) “Recurring conduct” is behavior involving the exercise of consistently poor judgment or misconduct.
(r) “Revocation” is the termination of an individual's ability to work in a position requiring certification. Once effective, the revocation continues unless the individual is reinstated by the Commission.
(s) “Sexual misconduct” is:
(1) acts or conduct, directed at a minor which a reasonable person would believe to be motivated by sexual interest;
(2) acts or conduct defined in Education Code section 44010 whether or not the applicant or holder was convicted or arrested; or
(3) the proliferation or distribution of child pornography or the exploitation of any minor through the use of any pornography by a credential holder or applicant. “Pornography” consists of the acts defined in Part 1, Title 9, Chapters 7.5 and 7.6 of the Penal Code, commencing with section 311.
(t) “Suspension” is the temporary inactivation of a credential for a specified period of time. A suspension may be stayed on conditions of probation or may be an actual suspension or may be both. If an actual suspension, the credential holder may not work in a position requiring a credential during the period of actual suspension.
(1) A “stayed suspension” may be issued for a specified period of time only if the stay and performance of specified rehabilitative or probationary duties by the credential holder during the period of the stay is deemed consistent with the purposes of professional discipline.
(2) An “actual; suspension” may be issued for a specified period of time. Actual suspensions imposed for one year or longer shall require presentation of sufficient proof to the Commission of the credential holder's rehabilitation, or present fitness to perform the duties authorized by the credential before the suspension may terminate.
1. New section filed 8-8-97; operative 9-7-97 (Register 97, No. 32). For prior history, see Register 82, No. 45.
2. Amendment of subsections (g) and (k) and amendment of Note filed 3-24-2005; operative 4-23-2005 (Register 2005, No. 12).
3. Change without regulatory effect amending subsection (i) and Note filed 8-25-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 35).
This database is current through 4/19/24 Register 2024, No. 16.
