The purpose of this new rule is to provide the definition of gross immorality and acts of moral turpitude as related to the education profession. The effect of this new rule is to define gross immorality and acts of moral turpitude as related to ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-10.083Standards Relating to Gross Immorality and Acts of Moral Turpitude

PURPOSE AND EFFECT: The purpose of this new rule is to provide the definition of gross immorality and acts of moral turpitude as related to the education profession. The effect of this new rule is to define gross immorality and acts of moral turpitude as related to the authority of the Education Practices Commission to impose penalty against an educator’s certificate and to the Commissioner’s authority to engage in a Deferred Prosecution Agreement with an educator.

SUMMARY: The rule establishes definition of what acts or conduct are grossly immoral or acts of moral turpitude for the purpose of discipline against a Florida educator’s certificate.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The proposed rule provides a definition of terms and does not impose any new or additional regulatory costs and should not have any adverse impact on economic growth, business competitiveness or any other factors listed in Section 120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 1001.02(2)(n), 1012.795(1)(d), 1012.796(3), FS.

LAW IMPLEMENTED: 1012.795(1)(d), 1012.796(3), FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: April 15, 2015, 9:00 a.m.

PLACE: Department of Education, Turlington Building, 325 West Gaines St., Suite 1703, Tallahassee, Fl. 32399.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Marian Lambeth, Professional Practices Services, Florida Department of Education, 325 West Gaines Street, Suite 224-E, Tallahassee, Florida 32399-0400.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-10.083 Standards Relating to Gross Immorality and Acts of Moral Turpitude.

(1) For the purpose of Section 1012.795(1)(d), Florida Statutes, the term gross immorality shall be defined as conduct that is inconsistent with the standards of public conscience and good morals. It is conduct that is serious, rather than minor in nature, and which constitutes a flagrant disregard for proper moral standards. Further, it is conduct sufficiently notorious to bring the individual concerned or the education profession into public disgrace or disrespect and impair the individual’s service in the community.

(2) Without limiting the conduct here defined, conduct listed below in paragraphs (2)(a)-(c), shall prompt review for gross immorality. In determining whether the conduct, act or omission meets the definition of gross immorality, the factors found in subsection (4) shall be considered.

(a) A significant act or omission, regardless of whether the individual is charged with or convicted of any criminal offense, which would constitute a felony or a first degree misdemeanor under the laws of the State of Florida or equivalent law in another state or U.S. Territory, or laws of the United States of America.

(b) An act or omission resulting in the falsification of any document or information submitted by an educator with the intent to induce the Florida Department of Education to issue, reissue, or renew a Florida educator’s certificate.

(c) A violation of test or exam security protocols with the intent of altering the results for personal benefit or that results in a negative impact upon a student or school, such as an invalidation of the student’s results/score or necessitating a student to re-take a test or alternative assessment measure.

(3) For the purpose of Sections 1012.795(1)(d) and 1012.796, Florida Statutes, an act of moral turpitude shall be defined as a crime, regardless of whether the individual is charged or convicted, that is a felony or a first degree misdemeanor under the laws of the State of Florida or equivalent law in another state or U.S. Territory, or laws of the United States of America, that is evidenced by an act of baseness, vileness or depravity in the private and social duties, which, according to the accepted standards of the time, a man owes to his or her fellow man or to society in general, and the doing of the act itself and not its prohibition by statute fixes the moral turpitude.

(4) The following factors shall be considered in determining whether an act or omission rises to the level of gross immorality or moral turpitude:

(a) The educator’s dishonesty or deception;

(b) The educator’s use, attempted use or threatened use, of violence;

(c) The educator’s malice or cruelty;

(d) The educator’s deliberation, premeditation, or contemplation of an act;

(e) The educator’s repeated behavior that displays a disregard for law, order, or human safety;

(f) The harm, injury or insult to the victim;

(g) The age, ability or limitation of the victim;

(h) The benefit derived by the educator;

(i) The presence or absence of mitigating factors, such as the educator’s age, experience, mental illness, or actions in self-defense.

(5) Accidental, negligent or reckless conduct alone, does not meet the definition of an act of moral turpitude or gross immorality.

Rulemaking Authority 1001.02(2)(n), 1012.795(1)(d), 1012.796 FS. Law Implemented 1012.795(1)(d), 1012.796 FS. History-New_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Brian Dassler, Deputy Chancellor, Educator Quality.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 12, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 26, 2015