Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6B - Education Practices Commission › Chapter 6B-11 - DISCIPLINARY PROCEEDINGS, DENIALS › Section 6B-11.007 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) When the
				Education Practices Commission finds that a person has committed any act for
				which the Commission may impose discipline, the Commission shall impose an
				appropriate penalty within the ranges set forth for various acts or violations
				in the following disciplinary guidelines unless, based upon consideration of
				aggravating and mitigating factors in the individual case which are among those
				set out in subsection (3), the Commission determines that a penalty outside the
				range in those guidelines but within statutory limitation is appropriate. In
				those cases in which the Commission relies on aggravating or mitigating factors
				to depart from the ranges in these disciplinary guidelines, such aggravating
				and mitigating factors shall be stated in the record of the case and in the
				Final Order imposing the applicable penalty.
(2) The following disciplinary guidelines
				shall apply to violations of the below listed statutory and rule violations and
				to the described actions which may be basis for determining violations of
				particular statutory or rule provisions. Each of the following disciplinary
				guidelines shall be interpreted to include "probation, " "Recovery Network
				Program, " "restrict scope of practice, " "fine, " and "administrative fees
				and/or costs" with applicable terms thereof as additional penalty provisions in
				each case in which neither a suspension or revocation is imposed, the penalty
				shall include a letter of reprimand. The terms "suspension" and "revocation"
				shall mean any length of suspension or revocation, including permanent
				revocation, permitted by statute, and shall include a comparable period of
				denial of an application for an educator's certificate.
(a) Obtaining or attempting to obtain a Florida
							 educator's certificate by fraudulent means in violation of Section
							 1012.795(1)(a),
							 F.S.
Probation - Revocation
(b) Knowingly failing to report actual or suspected
							 child abuse as required in section
							 1006.061, F.S., or report
							 alleged misconduct by instructional personnel or school administrators which
							 affects the health, safety, or welfare of a student as required in Section
							 1012.796, F.S., in violation of
							 Section 1012.795(1)(b),
							 F.S.
Probation - Revocation
(c)1. Being incompetent to teach or to perform duties
							 as an educator due to physical or mental incapacity in violation of Section
							 1012.795(1)(c),
							 F.S.
Suspension - Revocation
2. Being incompetent to teach or to perform duties as
							 an educator due to inefficiency in violation of Section
							 1012.795(1)(c),
							 F.S.
Suspension - Revocation
(d)1. Being guilty of gross immorality or an act
							 involving moral turpitude as defined by Rule
							 6A-10.083, F.A.C., of the State
							 Board of Education in violation of Section
							 1012.795(1)(d),
							 F.S.
Probation - Revocation
2. When a student or school activity is
							 involved.
Suspension - Revocation
(e) Having an educator certificate or other
							 professional license sanctioned or otherwise acted against including, but not
							 limited to, revocation, suspension, or surrender by this or another state in
							 violation of Section 1012.795(1)(e),
							 F.S.
Probation - Revocation
(f) Committing criminal acts, guilty or no contest
							 pleas and/or convictions, or having had adjudication withheld in violation of
							 Section 1012.795(1)(f),
							 F.S.
Reprimand - Revocation
(g) Engaging in personal conduct which seriously
							 reduces effectiveness as a district school board employee in violation of
							 Section 1012.795(1)(g),
							 F.S.
Probation - Revocation
(h) Having breached a contract, as provided in
							 Sections 1012.33(2),
							 1012.335, F.S., in violation of
							 Section 1012.795(1)(h),
							 F.S.
Probation - Suspension
(i) Violating any order of the Education Practices
							 Commission in violation of Section
							 1012.795(1)(l),
							 F.S.
Probation - Revocation
(j) Violating the Principles of Professional Conduct
							 in violation of Section
							 1012.795(1)(j),
							 F.S. by:
1. Failing to make reasonable effort to protect the
							 student from conditions harmful to learning and/or to the student's mental
							 and/or physical health and/or safety [subparagraph
							 6A-10.081(2)(a)
							 1., F.A.C.]
Reprimand - Revocation
2. Unreasonably restraining a student from
							 independent action in pursuit of learning [subparagraph
							 6A-10.081(2)(a)
							 2., F.A.C.]
Reprimand - Revocation
3. Unreasonably denying a student access to diverse
							 points of view. [subparagraph
							 6A-10.081(2)(a)
							 3., F.A.C.]
Reprimand - Revocation
4. Intentionally suppressing or distorting subject
							 matter relevant to a student's academic program. [subparagraph
							 6A-10.081(2)(a)
							 4., F.A.C.]
Reprimand - Revocation
5. Intentionally exposing a student to unnecessary
							 embarrassment or disparagement. [subparagraph 6A-10.018(2)(a)5., F.A.C.]
Reprimand - Revocation
6. Intentionally violating or denying a student's
							 legal rights. [subparagraph
							 6A-10.081(2)(a)
							 6., F.A.C.]
Suspension - Revocation
7. Harassing or discriminating against any student on
							 the basis of race, color, religion, sex, age, origin, political beliefs,
							 marital status, handicapping condition, sexual orientation, or social and
							 family background or failing to make reasonable effort to assure that each
							 student is protected from harassment or discrimination. [subparagraph
							 6A-10.081(2)(a)
							 7., F.A.C.]
Suspension - Revocation
8. Exploiting a relationship with a student for
							 personal gain or advantage. [subparagraph
							 6A-10.081(2)(a)
							 8., F.A.C.]
Suspension - Revocation
9. Failing to keep in confidence personally
							 identifiable information obtained in the course of professional service, unless
							 disclosure serves professional purposes or is required by law. [subparagraph
							 6A-10.081(2)(a)
							 9., F.A.C.]
Probation - Revocation
10. Failing to take reasonable precautions to
							 distinguish between personal views and those of any educational institution or
							 organization with which the individual is affiliated. [subparagraph
							 6A-10.081(2)(b)
							 1., F.A.C.]
Reprimand - Revocation
11. Intentionally distorting or misrepresenting facts
							 concerning an educational matter in direct or indirect public expression.
							 [subparagraph 6A-10.081(2)(b)
							 2., F.A.C.]
Probation - Revocation
12. Using institutional privileges for personal gain
							 or advantage. [subparagraph
							 6A-10.081(2)(b)
							 3., F.A.C.]
Reprimand - Revocation
13. Accepting a gratuity, gift, or favor that might
							 influence professional judgment. [subparagraph
							 6A-10.081(2)(b)
							 4., F.A.C.]
Reprimand - Revocation
14. Offering a gratuity, gift, or favor to obtain
							 special advantages. [subparagraph
							 6A-10.081(2)(b)
							 5., F.A.C.]
Probation - Revocation
15. Failing to maintain honesty in all professional
							 dealings. [subparagraph
							 6A-10.081(2)(c)
							 1., F.A.C.]
Reprimand - Revocation
16. Denying to a colleague professional benefits or
							 advantages or participation in any professional organization on the basis of
							 race, color, religion, sex, age, origin, political beliefs, marital status,
							 handicapping condition if otherwise qualified, or social and family background.
							 [subparagraph 6A-10.081(2)(c)
							 2., F.A.C.]
Suspension - Revocation
17. Interfering with a colleague's exercise of
							 political or civil rights and responsibilities. [subparagraph
							 6A-10.081(2)(c)
							 3., F.A.C.]
Probation - Revocation
18. Engaging in harassment or discriminatory conduct
							 which unreasonably interferes with an individual's performance of professional
							 or work responsibilities or with the orderly processes of education or which
							 creates a hostile, intimidating, abusive, offensive, or oppressive environment
							 or failing to make reasonable effort to assure that each individual is
							 protected from such harassment or discrimination. [subparagraph
							 6A-10.081(2)(c)
							 4., F.A.C.]
Suspension - Revocation
19. Making malicious or intentionally false
							 statements about a colleague. [subparagraph
							 6A-10.081(2)(c)
							 5., F.A.C.]
Reprimand - Revocation
20. Using coercive means or promising special
							 treatment to influence professional judgments of colleagues. [subparagraph
							 6A-10.081(2)(c)
							 6., F.A.C.]
Probation - Revocation
21. Misrepresenting one's own professional
							 qualifications. [subparagraph
							 6A-10.081(2)(c)
							 7., F.A.C.]
Suspension - Revocation
22. Submitting fraudulent information on any document
							 in connection with professional activities. [subparagraph
							 6A-10.081(2)(c)
							 8., F.A.C.]
Suspension - Revocation
23. Making any fraudulent statement or failing to
							 disclose a material fact in one's own or another's application for a
							 professional position. [subparagraph
							 6A-10.081(2)(c)
							 9., F.A.C.]
Probation - Revocation
24. Withholding information regarding a position from
							 an applicant or misrepresenting an assignment or condition of employment.
							 [subparagraph 6A-10.081(2)(c)
							 10., F.A.C.]
Reprimand - Revocation
25. Failing to provide upon the request of the
							 certificated individual a written statement of specific reasons for
							 recommendations that lead to the denial of increments, significant changes in
							 employment, or termination of employment. [subparagraph
							 6A-10.081(2)(c)
							 11., F.A.C.]
Reprimand - Revocation
26. Assisting entry into or continuance in the
							 profession of any person known to be unqualified in accordance with these
							 Principles of Professional Conduct for the Education Profession in Florida and
							 other applicable Florida Statutes and State Board of Education Rules.
							 [subparagraph 6A-10.081(2)(c)
							 12., F.A.C.]
Probation - Revocation
27. Failing to self-report within 48 hours to
							 appropriate authorities (as determined by district) any arrests/charges
							 involving the abuse of a child or the sale and/or possession of a controlled
							 substance or failing to report any conviction, finding of guilty, withholding
							 of adjudication, commitment to a pretrial diversion program, or entering of a
							 plea of guilty or nolo contendere for any criminal offense other than a minor
							 traffic violation within 48 hours after the final judgment. [subparagraph
							 6A-10.081(2)(c)
							 13., F.A.C.]
Reprimand - Revocation
28. Failing to report to appropriate authorities any
							 known allegation of a violation of the Florida School Code or State Board of
							 Education Rules. [subparagraph
							 6A-10.081(2)(c)
							 14., F.A.C.]
Reprimand - Revocation
29. Seeking reprisal against any individual who has
							 reported any allegation of a violation of the Florida School Code or State
							 Board of Education Rules. [subparagraph
							 6A-10.081(2)(c)
							 15., F.A.C.]
Probation - Revocation
(k) Violating other provisions of law, the penalty
							 for which is revocation of the educator certificate in violation of Section
							 1012.795(1)(k),
							 F.S.
Revocation
(l) Being subject of a court order or plea agreement
							 in any jurisdiction which requires the certificate holder to surrender or
							 otherwise relinquish his or her educator's certificate in violation of Section
							 1012.795(1)(m),
							 F.S.
Revocation
(m) Being disqualified from educator certification
							 under Section 1012.315, F.S.
Revocation
(n) Having committed a third recruiting offense as
							 determined by the Florida High School Athletic Association (FHSAA) in violation
							 of Section 1012.795(1)(o),
							 F.S.
Revocation for a minimum of three years
(o) Violated test security in violation of Section
							 1012.795(1)(p),
							 F.S.
Reprimand - Suspension
(p) Other violations of Section
							 1012.795, F.S.
Probation - Revocation or such penalty as is required
							 by statute
(q) Multiple categories of violations enumerated
							 above in concurrent or consecutive terms.
EPC will apply penalties
(3)
				Based upon consideration of aggravating and mitigating factors present in an
				individual case, the Commission may deviate from the penalties recommended in
				subsection (2). The Commission may consider the following as aggravating or
				mitigating factors:
(a) The severity of the
				offense;
(b) The danger to the
				public;
(c) The number of
				repetitions of offenses;
(d) The
				length of time since the violation;
(e) The number of times the educator has been
				previously disciplined by the Commission;
(f) The length of time the educator has
				practiced and the contribution as an educator;
(g) The actual damage, physical or otherwise,
				caused by the violation;
(h) The
				deterrent effect of the penalty imposed;
(i) The effect of the penalty upon the
				educator's livelihood;
(j) Any
				effort of rehabilitation by the educator;
(k) The actual knowledge of the educator
				pertaining to the violation;
(l)
				Employment status;
(m) Attempts by
				the educator to correct or stop the violation or refusal by the educator to
				correct or stop the violation;
(n)
				Related violations against the educator in another state including findings of
				guilt or innocence, penalties imposed and penalties served;
(o) Actual negligence of the educator
				pertaining to any violation;
(p)
				Penalties imposed for related offenses under subsection (2), above;
(q) Pecuniary benefit or self-gain inuring to
				the educator;
(r) Degree of
				physical and mental harm to a student or a child;
(s) Present status of physical and/or mental
				condition contributing to the violation including recovery from
				addiction;
(t) Any other relevant
				mitigating or aggravating factors under the circumstances.