Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-73 - Professional Conduct Educator Rules › Section 3301-73-23 - Consent agreements

Current through all regulations passed and filed through July 1, 2024
(A) A respondent who enters into a consent
			 agreement under division (E) of section
			 3319.311 of the Revised Code
			 with the state board shall agree to and acknowledge the following twenty
			 stipulations:
(1) That the respondent
			 voluntarily enters into the consent agreement being fully aware of his/her
			 rights under Chapter 119. of the Revised Code, including the right to
			 representation by counsel and the right to a formal adjudicative
			 hearing;
(2) That the respondent
			 waives his/her rights under Chapter 119. of the
			 Revised Code;
(3) That the state
			 board is empowered to revoke, limit, suspend, or deny, as applicable, any
			 licenses held or applied for if, at any time, the holder is convicted of a
			 crime in any jurisdiction, granted treatment in lieu or pre-trial diversion in
			 any jurisdiction, or found to be immoral, incompetent, negligent or guilty of
			 other conduct unbecoming of his/her position;
(4) That the consent agreement
			 
									does
			 not in any way or manner limit or affect the authority of the state board of
			 education to initiate disciplinary proceedings against the respondent based on
			 any act, conduct, or admission of the respondent justifying disciplinary
			 action, which occurred before or after the date of the consent agreement, and
			 is not directly related to the specific facts as set forth in the consent
			 agreement;
(5) That the
			 disciplinary action in the consent agreement covers all licenses held by
			 him/her which may not be specifically listed in the consent agreement
			 
									as well as
			 applications currently under review;
(6) That the respondent agrees to report any
			 license limitation or suspension to his / her employing school district, or any
			 other employing agency, which requires licensure through the state
			 board;
(7) That the respondent
			 
									will
			 not engage in any unbecoming conduct, as determined by the department,
			 subsequent to the signing of the consent agreement;
(8) That failure to abide by the terms and
			 conditions of a consent agreement 
									is a violation of the consent
			 agreement and 
									constitutes unbecoming conduct under division
			 (B)(1) of section 3313.31 of the Revised Code and
			 rule 3301-73-21 of the Administrative
			 Code;
(9) That the state board
			 reserves the right to pursue formal action if it learns that the respondent has
			 violated any of the terms and conditions of the consent agreement, regardless
			 of the point in time such information becomes known;
(10) That except for the enforcement of the
			 consent agreement, the respondent 
									releases the state board and the
			 department, its members, employees, agents, officers, and representatives,
			 jointly and severally, from any liability arising from this matter;
(11) That the respondent
			 
									will
			 not proceed with any action to recover attorney's fees from the state board and
			 the department, its members, employees, agents, officers, and representatives
			 jointly and severally;
(12) That
			 the consent agreement contains the entire agreement and understanding between
			 the state board and him/her and supersedes and replaces all prior negotiations,
			 proposed agreements, and agreements written or oral;
(13) That the consent agreement
			 
									is
			 binding upon, inure to the benefit of, and 
									is enforceable by
			 and against the personal representatives, heirs, successors, assignees, and
			 transferees of the parties;
(14)
			 That the respondent has had an opportunity to ask questions concerning the
			 terms of the consent agreement and that all questions asked have been
			 answered;
(15) That the respondent
			 
									will
			 inform the department, in writing, within thirty days of any change in address
			 or telephone number for the duration of the terms of the consent
			 agreement;
(16) That if the
			 respondent is indicted, convicted, or pleads guilty or no contest to any
			 offense other than a minor misdemeanor or a traffic offense, or is accepted
			 into a diversion or treatment in lieu of conviction program, he/she
			 
									will
			 notify the department within fourteen days for the duration of the consent
			 agreement;
(17) That a copy of the
			 consent agreement will be sent to his/her current and/or former employing
			 school district, sponsoring district, or other educational entity and that it
			 
									is
			 his/her responsibility to provide a copy of the consent agreement to any new,
			 potential educational employer before hire for the duration of the terms of the
			 consent agreement;
(18) That the
			 consent agreement 
									is a public record as defined in section
			 149.43 of the Revised Code and
			 
									will be
			 redacted in accordance with paragraph (J) of rule
			 3301-73-04 of the Administrative
			 Code;
(19) That the terms and
			 conditions of the consent agreement may be reported to appropriate
			 organizations, data banks and governmental agencies; and
(20) That any violations of a consent
			 agreement that lead to additional disciplinary action
			 
									will be
			 reported by the respondent to any potential employing school district,
			 educational entity, and any current employing school district or educational
			 entity.