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HomeMy WebLinkAbout5215 Grounds for Revocation of a CertificatePERSONNEL GROUNDS FOR REVOCATION OF A CERTIFICATE 5215 Page 1 of 3 The Bonneville Joint School District No. 93 may terminate a contract with a certified employee who has been found to have violated Idaho Code Section 33- 1208.1. The District shall terminate a contract with a certified employee who has been found to have violated Idaho Code Section 33- 1208.2. Guidelines 1. Idaho Code, 33- 1208.1 provides that a valid Idaho certificate may be revoked by the Professional Standards Commission because of violation of any of the following: a. Gross neglect of duty; b. Incompetence; c. Breach of teaching contract; d. Making any material statement of fact in the application for a certificate which the applicant knows to be false; e. Revocation, suspension, denial, or surrender of a certificate in another state for any reason constituting grounds for revocation in this state; Conviction, finding of guilt, withheld judgment, or suspended sentence in this or any other state of a crime involving moral turpitude; g. Conviction, finding of guilt, withheld judgment, or suspended sentence in this or any other state for the delivery, manufacture, or production of controlled substances or simulated controlled substances as those terms are defined in Idaho Code, 37 -2701; h. A guilty plea or a finding of guilt, notwithstanding the form of judgment, or withheld judgment in this or any other state, of the crime of involuntary manslaughter, section 18- 4006.2 or section 18- 4006.3, Idaho Code; i. Any disqualification which would have been sufficient grounds for refusing to issue or authorize a certificate, if the disqualification existed or had been known at the time of its issuance or authorization; Willful violation of any professional code or standards of ethics or conduct as adopted by the State Board of Education; k. The kidnapping of a child; or Bonneville Joint School District No. 93 PERSONNEL 5215 Page 2 of 3 I. Conviction, finding of guilt, withheld judgment, or suspended sentence, in this state or any other state of any felony. 2. Idaho Code Section 33- 1208.2 provides that the Professional Standards Commission shall permanently revoke any Idaho teaching certificate or deny the application for certification of a person who pleads guilty to or has any form of judgment against him /her for certain felony offenses against children: a. The aggravated assault of a child or the assault with intent to commit a serious felony against a child. b. The aggravated battery of a child or the battery with intent to commit a serious felony against a child. c. The injury or death of a child. Cl. The sexual abuse of a child under sixteen (16) years of age. e. The sexual exploitation of a child. f. The ritualized abuse of a child. g. Possession of photographic representations of sexual conduct involving a child. h. Lewd conduct with a child under the age of sixteen (16) years. i. The sexual battery of a minor child sixteen (16) or seventeen (17) years of age. j. The sale or barter of a child for adoption or other purposes. k. The murder or the voluntary manslaughter of a child. I. The kidnapping of a child. m. The importation or exportation of a juvenile for immoral purposes. n. The abduction of a person under eighteen (18) years of age for prostitution. o. The rape of a child. Adopted 11 -02 -2005 Reviewed Revised 09 -14 -2011 Legal Reference: Idaho Code §18 -905 Aggravated assault defined Idaho Code §18 -907 Aggravated assault punishment Idaho Code §18 -909 Assault with intent to commit a serious felony defined Idaho Code §18 -911 Battery with the intent to commit a serious felony defined Bonneville Joint School District No. 93 Grounds for Revocation of a Certificate PERSONNEL 5215 Page 3 of 3 Idaho Code §18 -1501 Injury to children Idaho Code §18 -1506 Sexual abuse of a child under the age of sixteen years Idaho Code §18 -1507 Sexual exploitation of a child Idaho Code §18 -1507A Possession of sexually exploitative material for other than a commercial purpose — penalty Idaho Code §18 -1508 Lewd conduct with minor child under sixteen Idaho Code §18 -1508A Sexual battery of a minor child sixteen or seventeen years of age — penalty Idaho Code §18 -1510 Providing shelter to runaway children Idaho Code §18 -1511 Sale or barter of child for adoption or other purpose penalized -- allowed expenses Idaho Code §18 -4003 Degrees of murder Idaho Code §18 -4006 Manslaughter defined Idaho Code §18 -4502 First degree kidnapping — ransom Idaho Code §18 -4503 Second degree kidnapping when not for ransom Idaho Code §18 -5601 Interstate trafficking in prostitution Idaho Code §18 -6101 Rape defined Idaho Code §18 -6108 Male rape Idaho Code §33 -1208 Revocation, suspension, denial, or place reasonable conditions on certificate — Grounds Idaho Code §37 -2701 Uniform controlled substances - definitions Bonneville Joint School District No. 93 Grounds for Revocation of a Certificate