(a) Submitting an allegation of violation of the Code of Ethics.

1. (1) Any person wishing to submit an allegation of an ethics violation must use the allegation of violation form (“allegation form”) developed by the .

2. (2)

   1. (A) An allegation form shall be completed and signed under penalty of perjury by the complainant.
   2. (B) Only an original signature will be accepted.
   3. (C) A facsimile or electronic signature on the form will not be accepted and the:

(i) Form will be returned; or

1. (ii) Complainant will be required to submit a form with an original signature.

2. (3)

   1. (A)

      1. (i) An allegation form shall be submitted to the Assistant Commissioner of the Division of Public School Accountability designated on the allegation form.
      2. (ii) The assistant commissioner shall forward the allegation form to the board office for filing.

   2. (B) The allegation form may be filed with the board by submitting it to:

      1. (i) The Division of Elementary and Secondary Education;
      2. (ii) A public school district; or
      3. (iii) A public school superintendent.

   3. (C)

      1. (i) If an allegation form is received by a public school district or a public school superintendent, the public school district or superintendent must forward all signed allegations directly to the Division of Elementary and Secondary Education.
      2. (ii) The failure to do so may be considered a violation of the Code of Ethics.

(b)

1. (1) Automatic submission for investigation. The following will automatically go to the ethics subcommittee of the board for the opening of an investigation:

   1. (A) Public information that an educator may have committed a violation of the Code of Ethics; and
   2. (B) Audit reports forwarded to the Division of Elementary and Secondary Education by the Legislative Joint Auditing Committee pursuant to Arkansas Code § 6-17-426.

2. (2)

   1. (A) If the ethics subcommittee votes that the chair should submit an allegation form, the chair shall recuse herself or himself from any further consideration of the complaint.

   2. (B) If necessary, the board may appoint a board member to the ethics subcommittee for the limited purpose of resolving a complaint filed under this section.

      1. (c) Validation.

3. (1) The investigators of the board will review the allegation form and:

   1. (A) Verify that the allegation form:

      1. (i) Has been submitted by an identifiable person;
      2. (ii) Was signed under penalty of perjury; and
      3. (iii) Concerns alleged unethical conduct; and
   2. (B) Obtain any updated information and/or additional evidence concerning the allegations from the time the allegation was originally submitted to the board.

4. (2)

   1. (A) After an allegation of a violation is validated, it cannot be withdrawn by the complainant.

   2. (B) However, the ethics subcommittee may take a written request for withdrawal into consideration when determining whether to authorize an investigation based on the allegation.

      1. (d) Action by the board on an allegation of violation. An allegation will become a complaint once it has been:
5. (1) Filed with the board as provided under subsection (a) of this section with an original signature;
6. (2) Validated by one (1) of the board investigators as being submitted by an identifiable person; and
7. (3) Determined by the ethics subcommittee as credible and, if true, would constitute a violation by an Arkansas educator of the Code of Ethics as set forth in this part.

(e) Action by the board ethics subcommittee.

1. (1)

   1. (A) The ethics subcommittee will determine whether to grant authority to the board investigative staff to investigate the allegation.
   2. (B) Authority to investigate the allegation will be based upon a reasonable belief that the allegation, if true, constitutes a violation of the Code of Ethics committed by the alleged educator.

2. (2)

   1. (A) Any member of the ethics subcommittee of the board who works with or for the educator against whom the allegation is submitted shall recuse himself or herself from any discussion, hearing, or deliberations concerning the accused educator.
   2. (B) A member shall recuse himself or herself if there is any relationship or other potential conflict of interest that would prevent him or her from making a fair and impartial decision on the educator’s case.
3. (3) The ethics subcommittee is not limited to the standard alleged on the form but may consider all of the evidence submitted with the allegation in determining which, if any, standard may have been violated.

4. (4)

   1. (A) If the ethics subcommittee votes not to authorize investigation, the:

      1. (i) Allegation shall be dismissed; and
      2. (ii) Matter shall be closed without further action against the educator.

   2. (B) There is no notification to the educator either of the:

      1. (i) Allegation; or
      2. (ii) Denial of authority to investigate.

5. (5)

   1. (A) If the ethics subcommittee votes to authorize investigation of the allegation, the allegation becomes an authorized ethics complaint.

   2. (B) Within ten (10) business days of authorization, the board staff shall:

      1. (i) Notify the named educator in writing concerning the initiation of the investigation; and
      2. (ii) Provide the educator with a copy of:

(b) (b) The provisions of Arkansas Code § 6-17-428 or other state statutory law applicable to an ethics violation and the applicable rules in effect at the time the ethics complaint is filed.

1. (C) The board staff shall also provide to the complainant written notice of the authorization to investigate their alleged violation or violations.

2. (6)

   1. (A) If in the course of an authorized investigation the board investigative staff discovers credible information that the named educator has committed additional violations of the Code of Ethics, the board staff may request additional authority to investigate from the ethics subcommittee.
   2. (B) The authorization of an additional investigation will restart the calculation of the statutory timelines.

3. (7)

   1. (A) In the event that board staff discovers credible information that another educator has violated the Code of Ethics the board staff may request that the ethics subcommittee chair submit an allegation form with the Division of Elementary and Secondary Education.
   2. (B) If the ethics subcommittee votes that the chair should submit an allegation form, the chair shall recuse herself or himself from any further consideration of the complaint.
   3. (C) If necessary, the board may appoint a board member to the ethics subcommittee for the limited purpose of resolving the complaint.

(f) Completion of the investigation.

1. (1) The ethics subcommittee shall complete its investigation of an ethics complaint and take action:

   1. (A) Within one hundred fifty (150) calendar days of authorizing the investigation; or
   2. (B) If a hearing is conducted, within one hundred eighty (180) calendar days of authorizing the investigation.

2. (2) Upon completion of the investigation and final report of investigation, the board staff will provide to the accused educator or his or her representative:

   1. (A) The final report of investigation;

   2. (B)

      1. (i) Except as provided under 6 CAR § 192-107, a copy of the documents and evidence concerning the investigation of the ethics complaint.
      2. (ii) If the educator requests a transcript of a video or recording, the board office may provide the transcript, redacted as necessary.
      3. (iii) At its option, the board may outsource the transcription at the educator’s expense.
      4. (iv) If a request for a transcript will cause the resolution of the case to exceed the statutory timeline, the board may:

(b) (b) Request that the educator agree to extend the timeline until the educator receives and submits payment for the transcript;

1. (C) Written notice that the ethics subcommittee will consider taking action against the named educator; and

   1. (D) A copy of the rules in effect at the time the ethics complaint is filed.
2. (3) The named educator or his or her attorney will be allowed fourteen (14) calendar days from receipt of the final report, notice, documentation, and evidence from the board staff to submit any further response in writing.
3. (4) The educator or his or her attorney may request additional time to respond to the final report, notice, documentation, and evidence received from the board staff regarding the investigation.
4. (5) At the conclusion of the fourteen (14) calendar days or upon receiving the written response from the educator, the board staff will send the final report of investigation and educator’s response to the members of the ethics subcommittee.

5. (6) The board will consider a notice as received on the earliest of one (1) of the following dates:

   1. (A) The date a letter mailed by certified mail was received by the educator, as confirmed with the United States Postal Service;
   2. (B) On the tenth calendar day from the date a letter was mailed by regular mail, if the educator or his or her representative does not sign for the certified letter and the letter sent by regular mail is not returned to the board; or
   3. (C) The date the educator or his or her representative accesses the documents sent by secure file link.