N.H. Code Admin. R. Ed 511.01

Current through Register No. 24, June 13, 2024

Section Ed 511.01 - Complaints, Cases and Investigations

(a) A case shall be opened when a complaint of possible misconduct against a credential holder has come to the attention of the department either through direct reporting or other means.

(b) After an initial review, if the department determines that a possible violation of the code of conduct, as specified in Ed 510.01 through 510.04, has occurred, an investigation shall be opened.

(c) Investigations into allegations of unprofessional conduct, as specified in Ed 510.01 to Ed 510.04, shall not constitute a disciplinary hearing and shall not constitute a finding of misconduct against a credential holder.

(d) Credential holders shall be notified in writing, via certified mail, that an investigation has been opened and the nature of the investigation and the status of the credential holder's credential pending the investigation.

(e) The credential holder's current superintendent shall be notified in writing by the department that an investigation has been opened, unless the notification compromises, or has the appearance of compromising, the investigation.

(f) Investigations shall be handled by the department.

(g) The department shall make every attempt to interview all people, including the credential holder, who might have information which might be relevant to the investigation.

(h) Investigations, including those based upon allegations in a complaint, shall be conducted on an ex parte basis.

(i) The department shall make every attempt to obtain any and all documentation which might be relevant to the investigation.

(j) Once the investigation is complete, the following procedures shall apply:

(1) The department shall create a report which documents the results of the investigation;

(2) If the investigation finds a credential holder in violation of a rule of the code of conduct as specified in Ed 510.01 through Ed 510.04, the department shall propose a form of discipline as follows:

a. Suspension;

b. Revocation; or

c. Reprimand; and

(3) The department shall determine the sanctions to be imposed after considering the presence of aggravating or mitigating circumstances as specified in Ed 511.01(j)(4)-(5);

(4) The following shall be considered aggravating circumstances:

a. The seriousness of the offense;

b. The credential holder's prior disciplinary record;

c. The credential holder's lack of willingness to cooperate with the department during an investigation;

d. Potential harm to public health and safety; and

e. The purpose of the rule violated;

(5) The following shall be considered mitigating circumstances:

a. Absence of a prior disciplinary record;

b. The credential holder's willingness to cooperate with the department during an investigation;

c. The credential holder's acknowledgment of his or her wrongdoing; and

d. The purpose of the rule or statute violated;

(6) The credential holder shall be notified in writing of any proposed discipline;

(7) If no disciplinary sanction is proposed, the department shall notify the credential holder in writing that the investigation is closed.

(k) Investigatory reports and all information gathered during the course of an investigation shall be confidential, with the following exceptions:

(1) The report shall be made available to the parties in any adjudicatory proceedings resulting therefrom; and

(2) If further disciplinary proceedings are to be conducted as a result of the investigation, the department shall provide information gathered in the disciplinary investigation to the following:

a. A law enforcement agency when the agency is conducting a criminal investigation of the credential holder;

b. A certifying agency of another jurisdiction for:

1. Purposes of certification of the credential holder in the other jurisdiction; or

2. An investigation of the credential holder by the other jurisdiction when:

(i) The credential holder was the subject of a formal investigation under Ed 511; or

(ii) Disciplinary action was taken against the credential holder by the board pursuant to Ed 511;

c. Other states' licensing board investigators or prosecutors; and

d. Expert witnesses or assistants retained by a prosecutor or investigator in the same related disciplinary matters.

N.H. Code Admin. R. Ed 511.01

#2055, eff 6-16-82; ss by #2714, eff 5-16-84; ss by #4851, eff 6-25-90; EXPIRED 6-25-96

New. #6349, eff 10-5-96; ss by #6822, eff 9-1-98; ss by #8194, eff 10-26-04; ss by #10089, eff 2-23-12

Amended by Volume XXXVIII Number 50, Filed December 13, 2018, Proposed by #12661, Effective 11/9/2018, Expires 11/9/2028.