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PDFWAC 181-86-116

Investigative priorities—Levels of acts or omissions of misconduct.

(1) The superintendent of public instruction or designee shall prioritize the investigation of alleged certificated individual misconduct, lack of fitness or unprofessional conduct in the following descending order:
(a) Level I. Level I actions shall have the highest investigative priority and are those allegations, if proven true, for which permanent mandatory revocation shall be the appropriate disciplinary action. They include the following convictions for which permanent revocation of a certificate is mandatory under RCW 28A.410.090:
(i) Physical neglect of a child under chapter 9A.42 RCW;
(ii) The physical injury or death of a child under chapter 9A.32 or 9A.36 RCW (excepting motor vehicle violations under chapter 46.61 RCW);
(iii) Sexual exploitation of a child under chapter 9.68A RCW;
(iv) Sexual offenses under chapter 9A.44 RCW where a minor is the victim;
(v) Promoting prostitution of a minor under chapter 9A.88 RCW;
(vi) The sale or purchase of a minor child under RCW 9A.64.030; or
(vii) Violation of similar laws of another jurisdiction.
(b) Level II. Level II actions shall have the next investigative priority and are those allegations, if proven true, for which revocation may be the appropriate disciplinary action. They include, but are not limited to the following:
(i) Sexual activity with children and/or students;
(ii) Engaging in acts of violence leading to bodily injury;
(iii) Selling and/or manufacturing illegal drugs; or
(iv) Other activity that if convicted would result in a felony conviction.
(c) Level III. Level III actions shall have the next investigative priority and are those allegations, if proven true, for which suspension may be the appropriate disciplinary action. They include, but are not limited to the following:
(i) Illegal drug possession and/or use;
(ii) Threats related to persons or property;
(iii) Alcohol abuse;
(iv) Reckless conduct where no bodily injury results;
(v) Engaging in unauthorized corporal punishment;
(vi) Verbal or physical sexual harassment of students;
(vii) Engaging in activity that demonstrates poor professional judgment; or
(viii) Other activity that if convicted would result in a misdemeanor conviction.
(d) Level IV. Level IV actions shall have the next investigative priority and are those allegations, if proven true, for which a reprimand may be the appropriate disciplinary action. They include, but are not limited to the following:
(i) Practicing with a lapsed or expired certificate, or a certificate not valid for the position;
(ii) Isolated failure to timely evaluate certificated personnel; or
(iii) Intentionally hiring a person for a certificated role who does not possess a valid certificate.
(2) All cases shall be monitored periodically to determine if their priority level should change as a result of information uncovered during the investigation.
(3) Notwithstanding any provision of this section to the contrary, the office of professional practices reserves the right to reprioritize the investigation of complaints based upon the efficient use of available resources and/or the relative urgency or lack of urgency in resolving various complaints in the public interest, and the right to recommend forms of discipline appropriate to the offenses committed.
[WSR 06-02-051, recodified as § 181-86-116, filed 12/29/05, effective 1/1/06. Statutory Authority: RCW 28A.150.290(1). WSR 02-19-050, § 180-86-116, filed 9/11/02, effective 10/12/02. Statutory Authority: RCW 28A.410.010. WSR 97-05-008, § 180-86-116, filed 2/7/97, effective 3/10/97.]
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