Administrative Rules of Montana › Department 10 - EDUCATION › Chapter 10.57 - EDUCATOR LICENSURE › Subchapter 10.57.6 - Educator Licensure Disciplinary Procedures › Rule 10.57.601A - DEFINITION OF "IMMORAL CONDUCT"

Current through Register Vol. 13, July 5, 2024
(1) "Immoral
				conduct" related to the teaching profession, under
				20-4-110(1)(f),
				MCA, includes, but is not limited to :
(a)
				sexual contact, as defined in
				45-2-101,
				MCA, or sexual intercourse as defined in
				45-2-101,
				MCA, involving a minor or a person the applicant or licensee knows, reasonably
				should know, or should have known is a student at a public or private
				elementary or secondary school;
(b)
				conduct, whether resulting in the filing of criminal charges or not, which
				would constitute an offense under any of the following statutes of this state:
(i)
											45-5-502, MCA,
				(sexual assault);
(ii)
											45-5-503,
				MCA, (sexual intercourse without consent);
(iii)
											45-5-504, MCA,
				(indecent exposure);
(iv)
											45-5-505,
				MCA, (deviate sexual conduct), if the conduct either was non-consensual or
				involved a minor or a person the applicant or licensee knows, reasonably should
				know, or should have known is a student at a public or private elementary or
				secondary school;
(v)
											45-5-507, MCA,
				(incest);
(vi)
											45-5-601,
				45-5-602,
				or
				45-5-603,
				MCA, (offenses involving prostitution);
(vii)
											45-5-622(2),
				MCA, (endangering the welfare of children);
(viii)
											45-5-623,
				MCA, (unlawful transactions with children);
(ix)
											45-5-625,
				MCA, (sexual abuse of children);
(x)
											45-8-201,
				MCA, (obscenity);
(xi)
											45-5-627,
				MCA, (ritual abuse of minor);
(xii) any statute in Title 45, chapter 9,
				part 1, MCA, (dangerous drugs);
(xiii)
											45-5-220,
				MCA, (stalking);
(xiv)
											45-5-223,
				MCA, (surreptitious visual observation or recordation);
(xv)
											45-10-103,
				MCA, (criminal possession of drug paraphernalia);
(xvi)
											45-10-105,
				MCA, (delivery of drug paraphernalia to a minor);
(xvii)
											45-8-334,
				MCA, (possession of a destructive device);
(xviii)
											45-8-361,
				MCA, (possession or allowing possession of weapon in school
				building);
(xix)
											45-8-403,
				MCA, (use of threat to coerce gang membership) ;
(xx)
											45-8-406,
				MCA, (supplying of firearms to criminal street gang);
(xxi)
											45-5-622(3),
				MCA (endangering welfare of children);
(c) repeated convictions for violations of
				any one or more of the criminal laws of this state, which violations are not
				otherwise grounds for suspension or revocation, if the repeated convictions,
				taken together, demonstrate that the teacher, specialist or administrator is
				unwilling to conform their conduct to the requirements of law;
(d) occurrences related to ARM
				24.9.1003(3),
				(sexual harassment), defined as "unwelcome sexual advances, requests for sexual
				favors, and other verbal and physical conduct of a sexual nature" when:
(i) submission to the conduct is explicitly
				or implicitly made a term or condition of education;
(ii) submission to or rejection of the
				conduct is used as the basis for an educational decision affecting the
				individual; and/or
(iii) the
				conduct has the purpose or effect of unreasonably interfering with school
				performance or creating an intimidating, hostile or offensive learning
				environment.
(e)
				submitting false credentials, omitting relevant information, or making any
				statement of material fact an applicant or licensee knows to be false to apply
				for a license, endorsement, employment, or promotion. False credentials include
				but are not limited to:
(i) college degrees
				or credit from non-accredited or -approved colleges or universities;
(ii) false professional development
				credit;
(iii) false academic
				awards; or
(iv) inaccurate
				employment history;
(f)
				significant misuse of technology or electronic communication involving a minor
				or a person an applicant or licensee knows, reasonably should know, or should
				have known is a student at a public or private elementary or secondary school,
				including but not limited to misuse of computers, cellular telephones, or other
				electronic devices; or
(g)
				intentionally falsifying or deliberately misrepresenting information regarding
				standardized assessment of students, including but not limited to providing or
				changing test answers or using inappropriate testing accommodations or
				modifications.