As a result of this incident, Gomez was arrested and charged with indecent exposure. Therefore, the question before us is not whether the ALJ's interpretation of the definition and the statute is reasonable; it is whether the Board's interpretation is reasonable and does not contradict the plain language of either the rule or the statute. Gomez first argues that the Board acted in excess of its statutory authority, in an arbitrary or capricious manner, and abused its discretion by rejecting the ALJ's recommendation and revoking his educator certificate, despite having no basis to impose discipline against him. In other words, we must remand for arbitrariness if we conclude that the agency has not genuinely engaged in reasoned decision-making. Id. Id. Ethics is the basis of trust. (A) Standard 1.1. When considering whether to allow Sergeant Cavazos's testimony about Gomez's conduct in this case, the ALJ relied on the holding of the Fourth Court of Appeals in a similar case in which an appellant argued that expunction precluded the agency's findings about conduct that served as the basis for her employment termination. 2. The primary emphasis of discipline for ethical lapses is education. At the contested-case hearing, Gomez sought a ruling on his motion to exclude Sergeant Cavazos's testimony, urging that the testimony would be derived from the expunged arrest record. Violation Found. See 19 Tex. The Board found that the ALJ did not properly interpret the definition of unworthy to instruct because her recommendation was inconsistent with prior administrative decisions, which did not require the Board to identify a subchapter B violation (i.e., an enumerated criminal conviction) to make an unworthy to instruct determination, and with applicable case law interpreting the meaning of unworthy to instruct. See Marrs v. Matthews, 270 S.W. for Educator Certification, Definitions) (defining unworthy to instruct as the determination that a person is unfit to hold a certificate under the [Texas Education Code], Chapter 21, Subchapter B); see also generally Tex. Below you will find FAQs about conduct and criminal activity, disciplinary action, and filing an allegation of misconduct against an educator. 21.058(a) (West 2006); see also Tex. We review rulings on the admission or exclusion of evidence at the administrative level under the abuse-of-discretion standard applied to trial courts. 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All Rights Reserved. He claims Huerta did not attempt to do so. Sergeant Cavazos identified the male as Gomez because Gomez provided his Texas driver's license to Sergeant Cavazos. In his second issue, Gomez contends that Sergeant Cavazos's testimony should have been excluded because its admission violated the expunction order. When Sergeant Cavazos approached the dance floor, he saw a male about ten to fifteen feet from the dance floor holding his penis in his hand and staring at the dancers as he rubbed himself. See Ex parte S.C., 305 S.W.3d 258, 266 (Tex.App.-Houston [14th Dist.] See Texas Dep't of Pub. In October 2006, the Board filed a petition against Gomez with the State Office of Administrative Hearings (SOAH), alleging that Gomez's conduct at the nightclub indicated that he is a person unworthy to instruct or supervise the youth of the State of Texas and seeking the permanent revocation of his educator certificate. Texas Education Agency 1701 N. Congress Avenue Austin, TX 78701-1494 Fax: (512) 475-3665 21.058 (West 2006) (requiring Board to revoke educator certificate held by person convicted of certain criminal offenses), .060 (West Supp.2010) (allowing Board to revoke educator certificate if person has been convicted of certain felony or misdemeanor offenses related to duties and responsibilities of education profession). That subcommittee investigates alleged violations of the code of ethics for teachers and administrators and, based on the investigation results, makes recommendations to the Education. 2001.175(e). 21.001.707. 10. In the post, he advocates for their removal and calls them racist. See Tex. Sauls says Huerta had the option to remedy the situation through a process laid out in the Tattnall County Board of Education policy. See Bustamante, 27 S .W.3d at 5354. See generally Tex. Disciplinary Actions Taken against Texas Educators The State Board for Educator Certification (SBEC) may take the following disciplinary actions against an educator's certification: Place restrictions on the issuance, renewal, or holding of a certificate, either indefinitely or for a set term; Issue an inscribed or non-inscribed reprimand; Trust allows villages to exist, and hence towns, and cities, and regional authorities and nations. Gomez's contested-case hearing was held before the ALJ on December 6, 2007. See Tex.Code Crim. Section 21.058 provides for mandatory certificate revocation within five days of when the Board receives notice that a person has been convicted of a felony offense under title 5 of the penal code or an offense that requires the defendant to register as a sex offender under chapter 62 of the code of criminal procedure, and the victim of the offense is under 18 years of age. The Board did not present any new evidence in the district-court proceeding for review of its final order. The phrase unfit to hold a certificate under the [Texas Education Code], Chapter 21, Subchapter B is ambiguous and leaves room for policy determinations by the Board about the interplay between the unworthy to instruct definition and chapter 21, subchapter B of the education code. In his second issue, Gomez challenges the admission of Sergeant Cavazos's testimony at the December 2007 contested-case hearing because he contends that its admission violated the June 2007 order expunging records concerning his August 2003 arrest. (Smiley N. Pool / Staff Photographer) The 13-year-old girl was in gym class when she said she heard a boy tell . Section 249.14 provides that the TEA staff, which provides administrative support to the Board, may set priorities for the investigation of complaints based on the severity and immediacy of the allegations and the likelihood of harm. Reporting MS educators . Standards: The standards outline expectations of conduct. SBEC may take the following action against an educator's certificate: 4. Focusing on eight U.S. states, ten Gomez failed to satisfy at least one of the conditions required for remand because he did not explain in his motion how the additional evidence (the November 2009 order) is material. Admin. The complaint must be in writing and signed and include the facts or documentation on which the allegation is based. Proc. We will cite to the prior rule when a substantive amendment has occurred. Admin. Gomez testified that he did not expose himself, but admitted that he was at Graham Central Station on August 7, 2003, and was escorted out of the nightclub by a security person. (quoting Starr Cnty. It filed its petition, which contained Sergeant Cavazos's name, in October 2006. Gomez asserts that if the Board had complied with the expunction order, it would not have had Sergeant Cavazos's name. Educ.Code Ann. To the extent his argument that the Board had no basis for imposing discipline against him could be construed as a substantial-evidence argument (in the narrower sense of the term), we presume that the Board's order is supported by substantial evidence, and Gomez bears the burden of proving otherwise. Dist., 344 S.W.3d 440, 444 (Tex.App.-Austin 2011, no pet.) Whatconduct can lead to disciplinary action by SBEC? He also contends that the district court could properly consider evidence outside of the administrative record of the procedural irregularities that he alleges occurred when the ALJ admitted evidence that had been ordered expunged. Code of Ethics for Professional Teachers. 19.0122.12 (West 2011) (establishing offenses against the person, including criminal homicide, kidnapping, trafficking of persons, sexual offenses, and assaultive persons); Tex.Code Crim. and recommended the 47-year-old Bailey-Cutkomp be fired for violating the state's ethics codes. See Bustamante v. Bexar Cnty. Reg. Code of Ethics and Standard Practices for Texas Educators. In three issues, Gomez contends that the district court erred by affirming the Board's final order. What conduct can lead to disciplinary action by SBEC? (f) The State Board for Educator Certification shall determine whether to impose sanctions, including an administrative penalty under Subsection (i), against a principal who fails to provide notification to a superintendent or director in violation of Subsection (b-2) or against a superintendent or director who fails to file a report in violation Gov't Code Ann. Gratuity. for Educator Certification). Reg. But this deference to the Board's interpretation is not conclusive or unlimitedwe defer only to the extent that the Board's interpretation is reasonable. The ALJ did not abuse her discretion by allowing Sergeant Cavazos's eyewitness testimony. Reg. Texas Education Code section 38.027 defines electronic communication as any communication facilitated by the use of any electronic device, such as a telephone, computer, computer . He says that information was made available months ago and that he was not suspended from coaching until the social media posts came to light. This appeal followed. Gov't Code Ann. No. Collins, Charlotte. Texas Government Code. In Bustamante, the court held that the appellant's termination was proper because the agency relied on eyewitness testimony about witnesses' personal observations of the appellant's conduct, not on expunged records or files. 2009, no pet.) The first behavior that violated the Code of Ethics for Educators would be when M. Miles allowed her personal involvement with the student to sway her in helping the girl enter the program. Gov't Code Ann. When we consider the purpose of the overall statutory scheme for regulating educators, the history of rule 249.3, and the common law and former statutory provisions predating the rule, we conclude that the Board's interpretation of unworthy to instruct as encompassing indecent exposureeven without a criminal convictionis reasonable.
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