Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-10 - MISCELLANEOUS › Section 6A-10.084 - Disqualification List

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose. The
				purpose of this rule is to set forth the criteria for placement on the
				Disqualification List and removal from the list, as well as the
				responsibilities of entities that report persons for inclusion on the
				list.
(2) Definitions.In this rule,
				the terms are defined as follows:
(a)
				"Applicant" means a person who is applying for an initial athletic coaching,
				temporary or professional certificate, as provided in subparagraph (1)(a)1. of
				Rule 6A-4.0012, F.A.C.;
(b) "Clear and convincing evidence or
				material" means evidence relied upon at hearing, or the material or information
				relied upon in the absence of a hearing, such as videos, witness statements,
				and admissions, is of such weight and credibility that they produce a firm
				belief, without hesitancy of a fact;
(c) "Commissioner" means the Commissioner of
				Education as set forth in Section
				1001.10, F.S.;
(d) "Conviction" means an adjudication of
				guilt by a court, after a determination of guilt by verdict or a plea of guilt;
				as well as where a person is found guilty, plead guilty or plead nolo
				contendere and adjudication of guilt is withheld;
(e) "Covered position" means a position held
				by instructional personnel, administrative personnel and educational support
				persons, as defined by Sections
				1012.01(2), (3) and
				(6), F.S., and as determined by the employing
				school district, charter school or private scholarship school;
(f) "Department" means the Department of
				Education;
(g) "Education Practices
				Commission" (EPC) means the commission established under Section
				1012.79, F.S.;
(h) "Educator certificate" means any
				certificate awarded under Section
				1012.55, F.S., and identified in
				Rule 6A-4.002, F.A.C.;
(i) "Employment" or "employed" means any
				person performing services in a covered position for a school district, charter
				school or private scholarship school, regardless of whether the person is hired
				and paid directly by the district, charter school or private scholarship
				school, or hired and paid through a contract the school district, charter
				school or private scholarship school has with a third party;
(j) "Private scholarship school" means a
				school participating in an educational scholarship program established in
				Chapter 1002, F.S.;
(k) "Reporting
				entity" means the following entities that report a person for the
				Disqualification List: a school district, charter school, private scholarship
				school, the EPC and the Commissioner;
(l) "Resigned in lieu of termination" means
				the voluntary separation or retirement by the employee after receiving any
				notice, whether formal or informal, that the school district intends to dismiss
				or seek removal of the employee for circumstances that constitute cause, or
				resignation or retirement by the employee while under investigation for sexual
				misconduct with a student;
(m)
				"Separated due to termination" means termination of the employment relationship
				by the school district for cause. It does not include non-renewal of a
				professional, annual or probationary contract unrelated to cause, to a
				workforce reduction or to another separation instituted by a school district
				unrelated to cause; and
(n) "Sexual
				misconduct with a student" means any behavior or act, whether physical, verbal
				or electronic, by a person in a covered position with a prekindergarten through
				12th grade student, regardless of the age or consent of the student, which is
				intended to erotically stimulate either person or which is likely to cause such
				stimulation. Examples of sexual misconduct with a student may include all of
				the following conduct:
1. Making lewd or
				lascivious remarks to a student or performing such acts in the presence of a
				student;
2. Kissing a student,
				intentionally touching a student's breast(s) or sexual organs, regardless of
				whether the student is clothed;
3.
				Sending, providing or exchanging nude or semi-nude pictures with a student or a
				request for the same; and
4. Any
				attempt to engage, or offer to engage, a student in any behavior or act which
				would constitute sexual misconduct with a student, if
				completed.