An educator or the parent/legal guardian of a student may file a complaint alleging a Code of Ethics violation. The complaint must be filed in writing with SBEC no later than 90 calendar days after the date of the last act giving rise to the complaint. Once filed, the SBEC executive director has 130 calendar days to determine if the complaint meets the criteria to be deemed valid. If it was not filed within the 90-day window or fails to adequately state a Code of Ethics violation, it may be dismissed. If the complaint is deemed valid, the SBEC staff initiates a contested case proceeding at the State Office of Administrative Hearings (SOAH).

If a complaint states a violation and moves forward for a hearing, the complainant’s allegations will be handled by an SBEC attorney in a contested case proceeding before a SOAH administrative law judge. The responding educator may represent him/herself or be represented by a private attorney. Both parties may engage in pre-trial discovery, including such things as depositions, interrogatories, disclosures, and requests for admissions and for the production of documents. At the close of the hearing, the administrative law judge will submit to the SBEC board a written Proposal for Decision consisting of findings of fact and conclusions of law. The board reviews the record of the contested case hearing and makes a decision, which can include accepting or changing the Proposal for Decision. If the board finds that the educator has violated the Code of Ethics, it can sanction the educator’s certificate up to and including revocation with no opportunity to reapply for certification.