CO Code § 22-60.5-107 (2021)
2021 Colorado Code|Title 22 - Education|Article 60.5 - Colorado Educator Licensing Act|Part 1 - General Provisions|§ 22-60.5-107. Grounds for Denying, Annulling, Suspending, or Revoking License, Certificate, Endorsement, or Authorization - Definitions

  If any person obtains or attempts to obtain any license, certificate, endorsement, or authorization pursuant to the provisions of this article through misrepresentation or fraud or through misleading information or an untruthful statement submitted or offered with the intent to misrepresent or mislead or to conceal the truth, such license, certificate, endorsement, or authorization may be annulled or denied by the department of education in the manner prescribed in section 22-60.5-108.    Any license, certificate, endorsement, or authorization may be denied, annulled, suspended, or revoked in the manner prescribed in section 22-60.5-108, notwithstanding the provisions of subsection (1) of this section:   When the holder has been determined to be mentally incompetent by a court of competent jurisdiction and a court has entered, pursuant to part 3 or part 4 of article 14 of title 15 or section 27-65-109 (4) or 27-65-127, C.R.S., an order specifically finding that the mental incompetency is of such a degree that the holder is incapable of continuing to perform his or her job; except that the license, certificate, endorsement, or authorization held by a person who has been determined to be mentally incompetent and for whom such an order has been entered shall be revoked or suspended by operation of law without a hearing, notwithstanding the provisions of section 22-60.5-108;    When the applicant or holder is convicted of, pleads nolo contendere to, or receives a deferred sentence for a violation of any one of the following offenses:   Misdemeanor sexual assault as described in section 18-3-402, C.R.S.;    Misdemeanor unlawful sexual conduct as described in section 18-3-404, C.R.S.;    Misdemeanor sexual assault on a client by a psychotherapist as described in section 18-3-405.5, C.R.S.;    Misdemeanor child abuse as described in section 18-6-401, C.R.S.;    Repealed.    A misdemeanor, the underlying factual basis of which has been found by the court on the record to involve domestic violence, as defined in section 18-6-800.3 (1), C.R.S., and the conviction is a second or subsequent conviction for the same offense;    Contributing to the delinquency of a minor as described in section 18-6-701, C.R.S.;  (VII.5) A misdemeanor committed under the laws of the United States, another state, a municipality of another state, or any territory subject to the jurisdiction of the United States, the elements of which are substantially similar to sexual exploitation of children as described in section 18-6-403 (3) (b.5), C.R.S.; or     A crime under the laws of the United States, another state, a municipality of this state or another state, or any territory subject to the jurisdiction of the United States, the elements of which are substantially similar to one of the offenses described in subparagraphs (I) to (VII) of this paragraph (b);       When the applicant or holder is found guilty of or upon the court's acceptance of a guilty plea or a plea of nolo contendere to a misdemeanor violation of any law of this state or another state, any municipality of this state or another state, or the United States or any territory subject to the jurisdiction of the United States involving the illegal sale of controlled substances, as defined in section 18-18-102 (5), C.R.S.;    When the applicant or holder is found guilty of a felony, other than a felony described in subsection (2.5) or (2.6) of this section, or upon the court's acceptance of a guilty plea or a plea of nolo contendere to a felony, other than a felony described in subsection (2.5) or (2.6) of this section, in this state or, under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States, of a crime which, if committed within this state, would be a felony, other than a felony described in subsection (2.5) or (2.6) of this section, when the commission of said felony, in the judgment of the state board of education, renders the applicant or holder unfit to perform the services authorized by his or her license, certificate, endorsement, or authorization;    When the applicant or holder has received a disposition or an adjudication for an offense involving what would constitute a physical assault, a battery, or a drug-related offense if committed by an adult and the offense was committed within the ten years preceding the date of application for a license, certificate, endorsement, or authorization pursuant to this article;    When the applicant or holder has forfeited any bail, bond, or other security deposited to secure the appearance by the applicant or holder who is charged with having committed a felony or misdemeanor, has paid a fine, has entered a plea of nolo contendere, or has received a deferred or suspended sentence imposed by the court for any offense described in subparagraph (I) or (II) of paragraph (a) of subsection (2.5) of this section or in subsection (2.6) of this section. (2.5)   A license, certificate, endorsement, or authorization shall be denied, annulled, suspended, or revoked in the manner prescribed in section 22-60.5-108, notwithstanding the provisions of subsection (1) of this section to the contrary, in the following circumstances:   When the applicant or holder is convicted of one of the following offenses:   Felony child abuse, as specified in section 18-6-401, C.R.S.;    A crime of violence, as defined in section 18-1.3-406, C.R.S.;    A felony offense involving unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S.;    Except as provided in paragraph (c) of this subsection (2.5), a felony, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3, C.R.S.;    A felony offense in another state, the United States, or territory subject to the jurisdiction of the United States, the elements of which are substantially similar to the elements of one of the offenses described in sub-subparagraphs (A) to (D) of this subparagraph (I);       When the applicant or holder is convicted of indecent exposure, as described in section 18-7-302, C.R.S., or of a crime under the laws of another state, a municipality of this or another state, the United States, or a territory subject to the jurisdiction of the United States, the elements of which are substantially similar to the offense of indecent exposure described in this subparagraph (II);    When the applicant or holder has received a disposition or an adjudication for an offense that would constitute felony unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S., if committed by an adult; or    When the applicant or holder fails to submit fingerprints on a timely basis after receipt of the written request from the department of education pursuant to section 22-60.5-103 (6)(a).       For purposes of this subsection (2.5), “convicted” or “conviction” means a conviction by a jury verdict or by entry of a verdict or acceptance of a guilty plea or a plea of nolo contendere by a court.    The grounds for mandatory denial, annulment, suspension, or revocation of a license, certificate, endorsement, or authorization pursuant to sub-subparagraph (D) of subparagraph (I) of paragraph (a) of this subsection (2.5) shall only apply for a period of five years following the date the offense was committed, provided the applicant or holder has successfully completed any domestic violence treatment required by the court. (2.6)   In addition to the offenses described in subsection (2.5) of this section, the state board of education shall deny, annul, suspend, or revoke a license, certificate, endorsement, or authorization if the applicant for or holder of the license, certificate, endorsement, or authorization is convicted of a felony drug offense described in part 4 of article 18 of title 18, committed on or after August 25, 2012, or is convicted of an offense under the laws of another state, the United States, or any territory subject to the jurisdiction of the United States, committed on or after June 11, 2021, the elements of which are substantially similar to a felony drug offense described in part 4 of article 18 of title 18. The requirement that the state board of education deny, annul, suspend, or revoke a license, certificate, endorsement, or authorization shall only apply for a period of five years following the date the offense was committed.    This subsection (2.6) does not limit the authority of the state board of education to deny, annul, suspend, or revoke a license, certificate, endorsement, or authorization if the applicant or holder is convicted of a felony drug offense described in part 4 of article 18 of title 18, committed prior to August 25, 2012, or is convicted of an offense under the laws of another state, the United States, or any territory subject to the jurisdiction of the United States, committed prior to June 11, 2021, the elements of which are substantially similar to a felony drug offense described in part 4 of article 18 of title 18.    As used in this subsection (2.6), “convicted” or “conviction” means a conviction by a jury verdict or by entry of a verdict or acceptance of a guilty plea or a plea of nolo contendere by a court. (2.7) Notwithstanding any other provision of subsection (2.5) of this section to the contrary, if the state board determines a person who held a license, certificate, endorsement, or authorization prior to June 6, 1991, has been convicted of an offense described in subsection (2.5) of this section, the state board may annul, suspend, or revoke a license, certificate, endorsement, or authorization in the manner prescribed in section 22-60.5-108 , unless the holder was previously afforded the rights set forth in section 22-60.5-108 with respect to the offense and the holder received or retained his or her license, certificate, endorsement, or authorization as a result.             A certified copy of the judgment of a court of competent jurisdiction of a conviction, the acceptance of a guilty plea, a plea of nolo contendere, or a deferred sentence shall be conclusive evidence for the purposes of paragraphs (b) and (c) of subsection (2) of this section. A certified copy of the judgment of a court of competent jurisdiction of a conviction or the acceptance of a guilty plea shall be conclusive evidence for the purposes of subsections (2.5) and (2.6) of this section. Upon receipt of a certified copy of the judgment, the department of education may take immediate action to deny, annul, or suspend any license, certificate, endorsement, or authorization without a hearing, notwithstanding the provisions of section 22-60.5-108. The department of education may revoke a suspended license based on a violation of paragraph (b) or (c) of subsection (2) of this section and shall revoke a suspended license based on a violation of subsection (2.5) or (2.6) of this section without a hearing and without any further action, after the exhaustion of all appeals, if any, or after the time for seeking an appeal has elapsed, and upon the entry of a final judgment.      The department of education may deny, annul, suspend, or revoke any license, certificate, endorsement, or authorization if the state board finds and determines that the applicant or holder thereof is professionally incompetent or guilty of unethical behavior.    The state board of education shall promulgate appropriate rules defining the standards of unethical behavior and professional incompetency. Unethical behavior must include conduct involving a sexual act between an applicant or holder and a student, including a student who is eighteen years of age or older, regardless of whether the student consented to the sexual act.    For purposes of this subsection (4), unless the context otherwise requires:   “Sexual act” means sexual contact, sexual intrusion, or sexual penetration as those terms are defined in section 18-3-401.    “Student” means any person enrolled at the school where the employee is employed at the time of the unethical behavior, but does not include another student.          The state board of education shall promulgate appropriate rules defining the standards of unethical behavior and professional incompetency.    The state board of education may promulgate, pursuant to the provisions of the “State Administrative Procedure Act”, article 4 of title 24, C.R.S., such rules as it may deem necessary to establish procedures for the filing and investigation of complaints alleging conduct that, if true, may establish grounds for denying, annulling, revoking, or suspending an educator license or certificate.    In the manner prescribed in section 22-60.5-108, the department of education may suspend a license, certificate, endorsement, or authorization when the holder, without good cause, resigns or abandons his or her contracted position with a school district without giving the written notice required by section 22-63-202 (2)(b).    When an applicant's or holder's license is denied, annulled, suspended, or revoked pursuant to subsection (2.5), (2.6), or (4) of this section, the department of education shall post the name of the person and basis for the denial, annulment, suspension, or revocation on its website.    In furtherance of its duties under this section and section 22-60.5-103, the department of education may conduct a search on the ICON system at the state judicial department, as defined in section 24-33.5-102 (3), C.R.S., and may use any other available source of criminal history information the department of education deems appropriate, including obtaining records from any law enforcement agency and juvenile delinquency records pursuant to section 19-1-304, C.R.S.     History. Source: L. 91: Entire article added, p. 474, § 1, effective June 6. L. 94: (2)(a) amended, p. 1636, § 47, effective May 31. L. 99: (2)(b) and (3) amended, p. 1103, § 7, effective July 1. L. 2000: (5) amended, p. 1099, § 2, effective August 2. L. 2003: (2) and (3) amended and (2.5) and (2.7) added, p. 2517, § 8, effective June 5. L. 2005: (6) added, p. 172, § 2, effective April 7. L. 2006: (1), IP(2)(b), (2)(c), (2.5)(a)(II), (4), and (5) amended and (2)(b)(VIII) and (7) added, pp. 922, 923, §§ 2, 3, effective July 1; (2)(b)(V) repealed, p. 2044, § 4, effective July 1. L. 2008: (2)(b)(VII) amended and (2)(b)(VII.5) and (9) added, p. 1666, §§ 7, 8, effective May 29; (8) added, p. 2227, § 5, effective June 5. L. 2010: (2)(a) amended,(SB 10-175), ch. 188, p. 794, § 48, effective April 29. L. 2011: (2)(d), (2)(f), (2.5)(a)(I)(D), (2.5)(b), (3), and (8) amended and (2.5)(c) and (2.6) added,(HB 11-1121), ch. 242, pp. 1058, 1060, §§ 6, 7, effective August 10. L. 2012: (2)(c) amended,(HB 12-1311), ch. 281, p. 1626, § 66, effective July 1. L. 2021: (2.6) amended,(SB 21-268), ch. 222, p. 1171, § 2, effective June 11; (4) and (8) amended,(SB 21-017), ch. 417, p. 2774, § 3, effective September 7.    Editor's note:   Section 7(2) of chapter 417 (SB 21-017), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after September 7, 2021.   Cross references:   In 2011, subsections (2)(d), (2)(f), (2.5)(a)(I)(D), (2.5)(b), (3), and (8) were amended and subsections (2.5)(c) and (2.6) were added by the “Safer Schools Act of 2011”. For the short title, see section 1 of chapter 242, Session Laws of Colorado 2011.   ANNOTATION   Subsection (4) does not violate due process on its face because the disciplinary options provided to the state board of education through that subsection are too limited. There is no constitutional minimum for available disciplinary actions. Heotis v. Colo. State Bd. of Educ., , 457 P.3d 691 .   Because public school teacher failed to report the ongoing abuse of her daughter by the father, as required by § 19-3-304 (mandatory reporters), her actions offended the moral standards of the community. Therefore, the board was justified in denying the teacher's license renewal application because the teacher's failure to report her daughter's abuse, even though discovered outside the realm of her professional capacity, amounted to “unethical behavior” because it offended the morals of the community. Heotis v. Colo. State Bd. of Educ., , 457 P.3d 691 .