Rule 7-3-14.6.2 - Disciplinary Process Policy1. REPORTING AND INVESTIGATIONSa. The Office of Educator Misconduct Evaluations is tasked with assisting the Commission in responding to infractions and violations, and in conducting hearings and enforcing the provisions of Miss. Code Ann. §§ 37-3-2 (11), (12), (13), (14) and (15), and violations of the Mississippi Educator Code of Ethics and Standards of Conduct.b. Upon receipt of a report of misconduct and/or violations as established in Rule 14.10: Reporting Infractions, the Office of Educator Misconduct Evaluations shall immediately institute an investigation into the allegations of the report. The Office of Educator Misconduct Evaluations shall have the discretion to request additional information as needed from the reporting party. In the event the reporting party fails to provide said additional information within thirty (30) days of request, the Office of Educator Misconduct Evaluations shall have the authority to dismiss said report due to insufficient information. The Office of Educator Misconduct Evaluations shall have the discretion to extend such window if deemed necessary.c. Upon investigation, the Office of Educator Misconduct Evaluations shall have the authority to dismiss any report based on either the sufficiency of local school district response, the severity of the alleged violation or misconduct, or offer settlement of any alleged violation or misconduct, said settlement subject to final approval by the Commission. Such authority of the Office of Educator Misconduct Evaluations is subject to the provisions of this Rule.d. The Office of Educator Misconduct Evaluations shall submit any report it has not otherwise disposed of to a Review Committee comprised of three (3) employees of the Mississippi Department of Education not assigned to either the Office of Educator Misconduct Evaluations or the Office of Educator Licensure. The Office of Educator Misconduct Evaluations, with the assistance of counsel, shall present the report to the Review Committee. The Review Committee shall be tasked with determining if hearing on a report is warranted by the evidence and information provided by the reporting party and/or collected by the Office of Educator Misconduct Evaluations. Upon such a determination supported by a majority vote of the Review Committee, the Office of Educator Misconduct Evaluations shall immediately cause Complaint on the specific allegations of the violation be sworn by affidavit and filed with the Commission.2. DENIALS/SUSPENSION/REVOCATIONS - FELONY CONVICTIONSa. Any report alleging misconduct or violations by a licensee as stated in Miss. Code Ann. §§ 37-3- 2(11)(a),(vi) and/or, (vii) may result in the denial or suspension of licensee's license.b. Any report alleging misconduct or violations by a licensee as stated in Miss. Code Ann. §§ 37-3- 2(11)(b) shall result in the licensee's license being automatically denied or immediately revoked. Upon receipt of such report, supported by appropriate documentation, including by not limited to certified court records and/or criminal history, the Office of Educator Misconduct Evaluations shall inform the Executive Secretary of the Commission. The Executive Secretary shall immediately cause the Educator to be informed of such denial or revocation by way of certified mail.3. PROBATION ORDERS a. Probation orders of the Commission may include certain requirements or stipulations including, but not limited to, continuing education courses, counseling, community service or outreach, or drug and/or alcohol testing. Failure to abide by said requirements or stipulations shall result in immediate suspension of the license for one (1) year.b. For the purposes of a probation order, allegations of misconduct or violation of the Mississippi Educator Code of Ethics and Standards of Conduct while serving probation shall be considered a violation of the probation, resulting in immediate suspension of the licensee's license.4. Physical and Mental Health Certification a.) Educators who breach or abandon their contract with a school district for physical or mental health reasons place their fitness to perform their duties as educators in a classroom at issue. Educator's alleging physical or mental health concerns that caused them to breach or abandon their contracts without first being released by their school board have the burden of proving their fitness to resume the duties of a licensed educator in Mississippi.b.) Educators who breach or abandon their contract with a school district for physical or mental health reasons shall be required to submit certification from a licensed health professional stating that the educator is fit to resume the duties of a licensed educator in Mississippi. Failure to provide acceptable certification will result in the suspension of the educator's license for one (1) academic year for the breach and continue through the date of submission of the acceptable certification.7 Miss. Code. R. 3-14.6.2
Miss. Code Ann. §§ 37-1-3, 37-3-2, 37-9-57, and 37-61-1