1. (a) If the investigation supports a finding that the credential holder violated the code of conduct, the department shall issue a written notice to the credential holder containing:

   1. (1) A summation of the findings of the investigation, which may include incorporation of other reports as necessary; and

   2. (2) How they support the proposed sanction, and propose a form of discipline as follows:

      1. a. No discipline warranted;
      2. b. Reprimand, which shall include a provision to petition the reprimand to be removed from the credential holder’s file after a specified period of time;
      3. c. Suspension;
      4. d. Nonrenewal; or
      5. e. Revocation.
2. (b) The department shall determine the sanctions to be imposed after considering the presence of aggravating or mitigating circumstances as specified in (d) and (e) below.

3. (c) The following shall be considered aggravating circumstances:

   1. (1) The seriousness of the offense;
   2. (2) The credential holder’s prior disciplinary record;
   3. (3) Potential risk of harm to children, public health, and safety; and
   4. (4) The purpose of the rule violated.

4. (d) The following shall be considered mitigating circumstances:

   1. (1) Absence of a prior disciplinary record;
   2. (2) The credential holder’s acknowledgment of wrongdoing; and
   3. (3) The purpose of the rule or statute violated.
5. (e) If no disciplinary sanction is proposed, the department shall notify the credential holder in writing that there was a finding but no disciplinary sanction, and the investigation shall be closed.

6. (f) Cases and investigations, inclusive of the department’s investigatory reports, school district reports, law enforcement reports, and all other information gathered during the course of reviewing a case and an investigation shall be confidential, with the following exceptions:

   1. (1) The report shall be made available to the credential holder and their attorney in any adjudicatory proceedings resulting from this section; and

   2. (2) If the department determines it is appropriate after consultation with the AG’s office, the department shall provide information gathered in the disciplinary investigation to the following:

      1. a. Pursuant to a subpoena or warrant from a law enforcement agency when the agency is conducting a criminal investigation of the credential holder;
      2. b. The state board if the matter is appealed to the state board; and

      3. c. A certifying agency of another jurisdiction for:

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

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

            1. (i) The credential holder was the subject of an investigation under Ed 511; or
            2. (ii) Disciplinary action was taken against the credential holder by the board pursuant to Ed 511.

Source. #12661, eff 11-9-18 (see Revision Note at part heading for Ed 511); ss by #13999, eff 6-14-24 (formerly Ed 511.01(j)-(o)) (see Revision Note at chapter heading for Ed 500)