Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 115 - THE CREDENTIALING OF EDUCATION PERSONNEL › Part I - Standards and Procedures For Credentialing › Section 071-115-I-7 - Revocation, Suspension, Denial, and Nonrenewal of a Credential

Current through 2024-29, July 17, 2024
1.
Grounds for Revocation and
				  Suspension
: The following shall be grounds for revocation or suspension:
A. Evidence that a holder has injured the
				  health or welfare of a child through physical, or sexual abuse or exploitation
				  shall be grounds for revocation or suspension of a credential. Notwithstanding
				  Title 5, Chapter 341, a certified court record that a person certificated under
				  this Title was convicted in any state or federal court of a criminal offense
				  involving the physical or sexual abuse or exploitation of a child within the
				  previous five (5) years shall be sufficient grounds for revocation or
				  suspension of that person's certificate.
B. Evidence of a criminal conviction pursuant
				  to
				  5
				  M.R.S.A. §§5301 -
				  5303:
				  This applies to conviction information received by the Department through the
				  CHRC or any other means. It is the applicant's burden to prove to the
				  Commissioner's satisfaction that he or she is sufficiently rehabilitated to
				  warrant the public trust.
C. The
				  practice of fraud, deceit, or misrepresentation in obtaining a credential from
				  the Commissioner, or in connection with any services rendered within the scope
				  of the certificate, authorization, or approval, shall be grounds for revocation
				  or suspension of the credential. This includes answering "no" to any question
				  on whether the applicant has been convicted of a crime when subsequent evidence
				  indicates that there is a conviction. The Commissioner may refer cases of fraud
				  to the Attorney General's Office for possible criminal prosecution.
D. Gross Incompetence: Gross incompetence
				  shall be grounds for revocation or suspension of a credential. Gross
				  incompetence includes, but is not limited to, the following:
(1) Conduct evidencing a clear and
				  substantial lack of knowledge, ability, or fitness to perform the services
				  rendered within the scope of the credential.
(2) Conduct evidencing a negligent disregard
				  for the mental or physical health, safety, or welfare of children or that
				  creates a substantial risk of injury as a result of physical or sexual abuse or
				  exploitation.
(3) Negligent or
				  fraudulent completion or filing of any school reports required pursuant to the
				  provisions of state or federal law or regulation.
(4) A mental or physical condition, as
				  diagnosed by a physician or other professional competent to make such a
				  diagnosis, that has resulted in the holder performing required duties in a
				  manner endangering the health, safety, or welfare of children, or in the
				  holder's inability to satisfactorily perform the services rendered within the
				  scope of the credential.
(5)
				  Refusal to perform, or repeated negligent disregard of, duties required to be
				  performed by the provisions of state or federal law or regulation.
(6) Habitual intemperance in the use of
				  alcohol or habitual use of narcotic or hypnotic or other substances, the use of
				  which has resulted in, the holder performing required duties in a manner
				  endangering the health, safety, or welfare of students or in the holder's
				  inability to satisfactorily perform the services rendered within the scope of
				  the credential.
(7) Harassment on
				  the basis of sex, including unwelcome sexual advances, requests for sexual
				  favors, and other verbal or physical conduct of a sexual nature in the
				  following situations:
(A) Submission to such
				  conduct is made either explicitly or implicitly a term, condition, or basis for
				  decisions on educational benefits for a student; or
(B) Such conduct has the purpose or effect of
				  substantially interfering with a student's academic performance or creating an
				  intimidating, hostile, or offensive educational environment.
E. Suspension or
				  revocation of a certificate in another jurisdiction: Where a Maine certificate
				  has been issued upon the basis of a reciprocal certification agreement, the
				  Maine certificate shall be revoked or suspended upon evidence, in the form of a
				  certified copy, that the authority issuing the original certificate has revoked
				  or suspended the certificate.
F.
				  Breach of superintendent's duty: The certificate of a superintendent of schools
				  may be suspended or revoked for the knowing employment of personnel who do not
				  hold the appropriate certification, authorization, or approval, or for the
				  knowing assignment of educational personnel to duties for which they do not
				  possess appropriate certification, authorization, or approval, as stated in
				  Section 4.3 of this rule.
G.
				  Violation of Code of Ethics and Practice Standards by a school psychologist
				  shall be grounds for the revocation or suspension of the provider's
				  certificate.