(A) The state board of education shall consider, but not be limited to, the following factors when evaluating conduct unbecoming under division (B)(1) of section 3319.31 of the Revised Code:
(1) Crimes or misconduct involving minors;
(2) Crimes or misconduct involving school children;
(3) Crimes or misconduct involving academic fraud;
(4) Making, or causing to make, any false or misleading statement, or concealing a material fact in a matter pertaining to facts concerning qualifications for professional practice and other educational matters;
(5) Crimes or misconduct involving the school community, school funds, or school equipment/property;
(6) A plea of guilty to, or finding of guilt, of a conviction, granting of treatment in lieu of conviction, or a pre-trial diversion program to any offense in violation of federal, state, or local laws and/or statutes regarding criminal activity;
(7) A violation of the terms and conditions of a consent agreement; and
(8) Any other crimes or misconduct that negatively reflect upon the teaching profession.
(B) The state board may take the following mitigating and aggravating factors, as applicable and appropriate, into consideration when determining a final action under division (B)(1) of section 3319.31 of the Revised Code:
(1) The nature and seriousness of the crime or misconduct;
(2) The extent of the person's past criminal activity or misconduct;
(3) The age of the person when the crime or misconduct was committed;
(4) The amount of time that has elapsed since the person's last criminal activity or misconduct;
(5) The conduct and work activity of the person before and after the criminal activity or misconduct;
(6) Whether the educator has completed the terms of his/her probation or deferred adjudication;
(7) Evidence of rehabilitation as defined by paragraph (E) of rule 3301-20-01 of the Administrative Code;
(8) Whether the educator is amenable to rehabilitation as defined by paragraph (E) of rule 3301-20-01 of the Administrative Code;
(9) Whether the person fully disclosed the crime or misconduct to the state board or the employing school district;
(10) Whether licensure will negatively impact the health, safety, or welfare of the school community and/or statewide education community;
(11) Whether the educator has previously been disciplined by the state board of education or any other licensing entity, including, but not limited to, out-of-state licensing entities;
(12) Whether the school district or educational entity imposed any penalties, sanctions, or other conditions addressing the educator's professional conduct;
(13) Whether the educator has been employed in any capacity within a school district or educational entity after having a license, certificate, or permit revoked; and
(14) Any other relevant factor.
(C) The lack of a criminal charge, indictment, prosecution or conviction shall not preclude the state board from investigating and, if appropriate, initiating an action against a person.
(D) The state board shall not be precluded from considering the factors listed in paragraph (A) of this rule when the offense is enumerated in division (B)(2) of section 3319.31 of the Revised Code or division (E) of section 3319.31 1 of the Revised Code.
R.C. 119.032 review dates: 03/04/2009 and 03/04/2014
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3319.31, 3319.311
Rule Amplifies: 3319.311
Prior Effective Dates: 10-28-04