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WASHINGTON STATE CODE OF
PROFESSIONAL CONDUCT FOR
EDUCATION PRACTITIONERS
Teachers | Educational Staff Associates | Administrators
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OFFICE OF
PROFESSIONAL
PRACTICES
The Office of Professional Practices, a division under the auspices
of the Superintendent of Public Instruction, is charged with
enforcement, including discipline, of educational practitioners for
violation of the Professional Code of Conduct. The office receives,
investigates, and makes legal findings regarding complaints. A nine
member professional advisory committee reviews appeals from
proposed disciplinary actions. Educators who violate the code may
receive a letter of concern, be reprimanded, or their license to
practice may be suspended or revoked.
The Office of Professional Practices also reviews charges that an
applicant for or the holder of professional certification lacks good
moral character or personal fitness. These standards are set forth in
WAC 181-86-013 and address commission of criminal acts and
other behavior which endanger children, colleagues, or other staff.
Commission of criminal acts may not be directly related to
professional conduct, but they do reflect upon the individual’s
worthiness and ability to serve as a professional educator.
Requests for additional information may be addressed to:
Office of Professional Practices
Office Of Superintendent of Public Instruction
Old Capitol Building, PO Box 47200
Olympia, WA 98504-7200
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CODE OF PROFESSIONAL
CONDUCT
CHAPTER 181-87 WAC
The sole purpose of this chapter is to set forth policies and procedures related to reprimand,
suspension, and revocation actions respecting certification of education practitioners in the
state of Washington for acts of unprofessional conduct. It is recognized that grounds for
the discharge, nonrenewal of contracts, or other adverse change in contract status affecting
the employment contracts of education practitioners are broader than stated herein. The
grounds set forth as unprofessional conduct in this chapter shall not limit discharge,
nonrenewal of contracts, or other employment action by employers of education
practitioners.
WAC 181-87-005 PURPOSE
To protect the health, safety, and general welfare of students within the state of
Washington.
To assure the citizens of the state of Washington that education practitioners are
accountable for acts of unprofessional conduct.
To define and provide notice to education practitioners within the state of Washington
of the acts of unprofessional conduct for which they are accountable under the
provisions of chapter 181-86 WAC.
The public policy goals of this chapter are as follows:
1.
2.
3.
WAC 181-87-010 PUBLIC POLICY GOALS OF CHAPTER
PROFESSIONAL ACCOUNTABILITY
Any educational practitioner who commits an act of unprofessional conduct proscribed
within this chapter may be held accountable for such conduct under the provisions of
chapter 181-86 WAC.
WAC 181-87-015 ACCOUNTABILITY FOR ACTS OF
UNPROFESSIONAL CONDUCT
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ADMINISTRATIVE PROVISIONS
As a general rule, the provisions of this chapter shall not be applicable to the private
conduct of an education practitioner except where the education practitioner's role as a
private person is not clearly distinguishable from the role as an education practitioner and
the fulfillment of professional obligations.
WAC 181-87-020 APPLICABILITY OF CHAPTER TO
PRIVATE CONDUCT
No act, for the purpose of this chapter, is defined as an act of unprofessional conduct
unless it is included in this chapter.
WAC 181-87-025 EXCLUSIVITY OF CHAPTER
As used in this chapter, the term "education practitioner" means any certificate holder
licensed under Title 181 WAC of the professional educator standards board to serve as a
certificated employee, or any person serving in a position for which certification is required
under Title 181 WAC of the professional educator standards board.
WAC 181-87-035 EDUCATION PRACTITIONER DEFINITION
Any student who is under the supervision, direction, or control of the education
practitioner.
Any student enrolled in any school or school district served by the education
practitioner.
Any student enrolled in any school or school district while attending a school related
activity at which the education practitioner is performing professional duties.
Any former student who is under eighteen years of age and who has been under the
supervision, direction, or control of the education practitioner. Former student, for the
purpose of this section, includes but it not limited to drop outs, graduates, and students
who transfer to other districts or schools.
As used in this chapter, the term "student" means the following:
1.
2.
3.
4.
WAC 181-87-040 STUDENT DEFINITION
As used in this chapter, the term "colleague" includes a certificated educator or any
individual employed on a permanent or temporary basis.
WAC 181-87-045 COLLEAGUE DEFINITION
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ACTS OF UNPROFESSIONAL CONDUCT
Statement of professional qualifications.
Application or recommendation for professional employment, promotion, certification,
or an endorsement.
Application or recommendation for college or university admission, scholarship, grant,
academic award, or similar benefit.
Representation of completion of in-service or continuing education credit hours.
Evaluations or grading of students and/or personnel.
Financial or program compliance reports submitted to state, federal, or other
governmental agencies.
Information submitted in the course of an official inquiry by the superintendent of public
instruction related to the following:
Good moral character or personal fitness.
Acts of unprofessional conduct.
Information submitted in the course of an investigation by a law enforcement agency or
by child protective services regarding school related criminal activity.
Assessments leading to certification.
An education practitioner who aids, encourages, and/or abets another educator in any
falsification or deliberate misrepresentation, including omission, of a material fact in
conjunction with the acts listed above commits misrepresentation in the course of
professional practice.
Any falsification or deliberate misrepresentation, including omission,
of a material fact by an education practitioner concerning any of the
following is an act of unprofessional conduct:
1.
2.
3.
4.
5.
6.
7.
a.
b.
8.
9.
10.
WAC 181-87-050 MISREPRESENTATION OR FALSIFICATION
IN THE COURSE OF PROFESSIONAL PRACTICE
Being under the influence, as defined in RCW 46.61.506, of alcohol, marijuana or of a
controlled substance, as defined in chapter 69.50 RCW, on school premises or at a
school-sponsored activity involving students, following:
Unprofessional conduct includes:
1.
WAC 181-87-055 ALCOHOL OR CONTROLLED SUBSTANCE
ABUSE
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Notification to the education practitioner by their employer of concern regarding
alcohol or substance abuse affecting job performance;
A recommendation by the employer that the education practitioner seek counseling
or other appropriate and available assistance; and
The education practitioner has had a reasonable opportunity to obtain such
assistance.
The possession, use, or consumption on school premises or at a school sponsored
activity of a Schedule 1 controlled substance, as defined by the state pharmacy quality
assurance commission, or a Schedule 2 controlled substance, as defined by the state
pharmacy quality assurance commission, without a prescription authorizing such use.
The consumption of an alcoholic beverage on school premises or at a school sponsored
activity involving students if such consumption is contrary to written policy of the school
district or school building.
The possession of marijuana or marijuana-infused product on school premises or at a
school sponsored activity involving students if such possession violates Washington
law or is contrary to written policy of the school district or school building.
The use or consumption of marijuana or marijuana-infused product on school. premises
or at a school sponsored activity.
1.
a.
b.
c.
2.
3.
4.
5.
5
Assessment, treatment, instruction, or supervision of students.
Employment or evaluation of personnel.
Management of moneys or property.
Any performance of professional practice in flagrant disregard or clear abandonment of
generally recognized professional standards in the course of any of the following
professional practices is an act of unprofessional conduct:
1.
2.
3.
WAC 181-87-060 DISREGARD OR ABANDONMENT OF
GENERALLY RECOGNIZED PROFESSIONAL STANDARDS
Unprofessional conduct includes inappropriate digital communication with a student
including, but not limited to: Cell phone, text messaging, email, instant messaging,
blogging, or other social media or social network communication.
Factors that may be considered in assessing whether the communication is
inappropriate include, but are not limited to:
1.
2.
WAC 181-87-062 DIGITAL COMMUNICATION
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The nature, purpose, timing, and amount of the communication;
The subject matter of the communication;
Whether the communication was made openly, or the educator attempted to
conceal the communication;
Whether the communication could be reasonably interpreted as soliciting sexual
contact or a romantic relationship, was sexually explicit, or involved discussion of
the sexual history, activities, or preferences of either the educator or the student.
a.
b.
c.
d.
6
Any permanent abandonment, constituting a substantial violation without good cause, of
one of the following written contracts to perform professional services for a private school
or a school or an educational service district is an act of unprofessional conduct:
An employment contract, excluding any extracurricular or other specific activity within
such contract or any supplementary contract.
Professional service contract.
1.
2.
WAC 181-87-065 ABANDONMENT OF CONTRACT FOR
PROFESSIONAL SERVICES
WAC 181-87-070 UNAUTHORIZED PROFESSIONAL
PRACTICE
Any act performed without good cause that materially contributes to one of the
following unauthorized professional practices is an act of unprofessional practice.
The intentional employment of a person to serve as an employee in a position for
which certification is required by rules of the professional educator standards board
when such person does not possess, at the time of commencement of such
responsibility, a valid certificate to hold the position for which such person is
employed.
The assignment or delegation in a school setting of any responsibility within the
scope of the authorized practice of nursing, physical therapy, or occupational
therapy to a person not licensed to practice such profession unless such
assignment or delegation is otherwise authorized by law, including the rules of the
appropriate licensing board.
The practice with an expired, lapsed, suspended, surrendered, or revoked certificate
in a position for which certification is required under Title 181 WAC of the
professional educator standards board.
1.
a.
b.
c.
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d
d
The failure of an education practitioner to abide by the conditions within an
agreement, executed under WAC 181-86-160, to not continue or to accept education
employment.
The failure of an education practitioner to comply with any condition, limitation, or
other order or decision entered under chapter 181-86 WAC.
a.
b.
c.
d.
e.
For the purpose of this section, good cause includes, but is not limited to, exigent
circumstances where immediate action is necessary to protect the health, safety, or
general welfare of a student, colleague, or other affected person.
1.
2.
Unprofessional conduct includes the commission by an education practitioner of any
sexually exploitive act with or to a student including, but not limited to, the following:
Any sexual advance, verbal or physical;
Sexual intercourse as defined in RCW 9A.44.010;
Indecent exposure as defined in RCW 9A.88.010;
Sexual contact, i.e., the intentional touching of the sexual or other intimate parts of a
student except to the extent necessary and appropriate to attend to the hygienic or
health needs of the student;
Engaging in sexual grooming of a student, such as befriending and/or establishing a
connection with a student or a student's family to lower the student's inhibitions for
the purpose of a sexual relationship.
The provisions of this section shall not apply if at the time of the sexual conduct the
participants are married to each other.
As used in this chapter, "sexual misconduct with students" means:
1.
a.
b.
c.
d.
e.
2.
WAC 181-87-080 SEXUAL MISCONDUCT WITH STUDENTS
WAC 181-87-085 FURNISHING ALCOHOL OR
CONTROLLED SUBSTANCE TO STUDENTS
Unprofessional conduct includes the illegal furnishing of alcohol or a controlled substance,
as defined in chapter 69.50 RCW, to any student by an education practitioner.
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WAC 181-87-090 IMPROPER REMUNERATIVE CONDUCT
Any deliberate act in the course of professional practice which requires or pressures
students to purchase equipment, supplies, or services from the education practitioner in a
private remunerative capacity is an act of unprofessional conduct.
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The failure of a principal or other certificated chief administrator of a public school building
to make a good faith effort to assure compliance with RCW 28A.225.330 by establishing,
distributing, and monitoring compliance with written procedures that are reasonably
designed to implement the statute shall constitute an act of unprofessional conduct.
WAC 181-87-093 FAILURE TO ASSURE THE TRANSFER OF
STUDENT RECORD INFORMATION OR STUDENT
RECORDS
The intentional or knowing failure of an educational service district superintendent, a district
superintendent, or a chief administrator of a private school to file a complaint under WAC
181-86-110 regarding the lack of good moral character or personal fitness of an education
practitioner or the commission of an act of unprofessional conduct by an education
practitioner is an act of unprofessional conduct.
WAC 181-87-095 FAILURE TO FILE A COMPLAINT
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GOOD MORAL CHARACTER
AND PERSONAL FITNESS
CHAPTER 181-86 WAC
Persons serving as teachers in the public or private schools or as principals or educational
staff associates in public schools under chapter 181-79A WAC and in career and technical
education positions under chapter 181-77 WAC shall hold certificates authorized by the
professional educator standards board for service in the respective roles as required by
statute or rules of the professional educator standards board.
Any certificate issued under chapter 181-77 or 181-79A WAC or previous standards of the
professional educator standards board shall entitle the holder thereof to be employed by a
public or nonpublic school for the performance of duties encompassed by the type of
certificate as specified in WAC 181-79A-140 if such certification is required by statute or
rules of the professional educator standards board, unless such certificate is under
suspension or until such certificate expires, lapses, or is revoked or surrendered.
WAC 181-86-011 VALID CERTIFICATE REQUIRED
No conviction or plea of guilty to any felony crime occurring after July 23, 1989, and
before July 26, 2009, involving:
The physical neglect of a child under chapter 9A.42 RCW;
The physical injury or death of a child under chapter 9A.32 or 9A.36 RCW, except
motor vehicle violations under chapter 46.61 RCW;
Sexual exploitation of a child under chapter 9.68A RCW;
As used in this chapter, the terms "good moral character and personal fitness" means
character and personal fitness necessary to serve as a certificated employee in schools in
the state of Washington, including character and personal fitness to have contact with, to
teach, and to perform supervision of children. Good moral character and personal fitness
includes, but is not limited to, the following as described in RCW 28A.400.322:
1.
a.
b.
c.
WAC 181-86-013 GOOD MORAL CHARACTER AND
PERSONAL FITNESS DEFINITION
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d
d
Sexual offenses under chapter 9A.44 RCW where a minor is the victim;
Promoting prostitution of a minor under chapter 9A.88 RCW;
The sale or purchase of a minor child under RCW 9A.64.030;
Violation of laws of another jurisdiction that are similar to those specified in a.
through f. of this subsection.
a.
b.
c.
d.
e.
f.
g.
No conviction or plea of guilty to any felony crime, including attempts, conspiracies, or
solicitations to commit a felony crime, occurring on or after July 26, 2009, involving:
A felony violation of RCW 9A.88.010, indecent exposure;
A felony violation of chapter 9A.42 RCW involving physical neglect;
A felony violation of chapter 9A.32 RCW;
A violation of RCW 9A.36.011, assault 1; RCW 9A.36.021, assault 2; RCW 9A.36.120,
assault of a child 1; RCW 9A.36.130, assault of a child 2; or any other felony violation
of chapter 9A.36 RCW involving physical injury except assault 3 where the victim is
eighteen years of age or older;
A sex offense as defined in RCW 9.94A.030;
A violation of RCW 9A.40.020, kidnapping 1; or RCW 9A.40.030, kidnapping 2;
A violation of RCW 9A.64.030, child selling or child buying;
A violation of RCW 9A.88.070, promoting prostitution 1;
A violation of RCW 9A.56.200, robbery 1; or
A violation of laws of another jurisdiction that are similar to those specified in a.
through i. of this subsection.
No conviction of any crime within the last ten years, including motor vehicle violations,
which would materially and substantially impair the individual's worthiness and ability to
serve as a professional within the public and private schools of the state. In determining
whether a particular conviction would materially and substantially impair the individual's
worthiness and ability to practice, the following and any other relevant considerations
shall be weighed:
Age and maturity at the time the criminal act was committed;
The degree of culpability required for conviction of the crime and any mitigating
factors, including motive for commission of the crime;
The classification of the criminal act and the seriousness of the actual and potential
harm to persons or property;
Criminal history and the likelihood that criminal conduct will be repeated;
1.
2.
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
3.
a.
b.
c.
d.
10
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d
d
Sexual offenses under chapter 9A.44 RCW where a minor is the victim;
The permissibility of service as a professional educator within the terms of any
parole or probation;
Proximity or remoteness in time of the criminal conviction;
Any evidence offered which would support good moral character and personal
fitness;
If this subsection is applied to a person certified under the laws of the state of
Washington in a suspension or revocation action, the effect on the education
profession, including any chilling effect, shall be weighed; and
In order to establish good moral character and personal fitness despite the criminal
conviction, the applicant or education practitioner has the duty to provide available
evidence relative to the above considerations. The superintendent of public
instruction has the right to gather and present additional evidence which may
corroborate or negate that provided by the applicant or education practitioner.
a.
b.
c.
d.
e.
f.
g.
h.
i.
11
d
d
No behavioral problem which endangers the educational welfare or personal safety of
students, teachers, colleagues, or other affected persons within the educational setting.
No practice within the state of Washington within the previous five school years with an
expired, lapsed, suspended, surrendered, or revoked certificate in a professional position
for which certification is required under the rules of the professional educator standards
board.
For the purpose of this section "child" means a minor as defined by the applicable state
or federal law.
For the purpose of this section "conviction" shall include a guilty plea.
1.
2.
3.
4.
5.
6.
7.
The good moral character and personal fitness requirement of applicants for certification
under the laws of the state of Washington is a continuing requirement for holding a
professional educational certificate under rules of the professional educator standards
board.
WAC 181-86-014 GOOD MORAL CHARACTER AND
PERSONAL FITNESS CONTINUING REQUIREMENT
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DISCIPLINARY ACTIONS | APPEAL
PROCESS | PUBLIC NOTICE
Order of Dismissal: The Office of Superintendent of Public Instruction will take no
disciplinary actions; the case is dismissed without prejudice.
Order of Reprimand: Orders the certificate holder not to continue or repeat the conduct or
lack good moral character or personal fitness. The certificate remains valid unless
expires/lapses.
Order of Suspension: Suspends the educations practitioner from practicing for a stated
period of time. Such order may contain a requirement that the certificate holder fulfill
certain conditions precedent to resuming professional practice and certain conditions
subsequent to resuming professional practice.
Order of Revocation: An order revoking the certificate(s) of the education practitioner.
Voluntary Surrender: A holder of a certificate who has not received a final order for
revocation may voluntarily surrender their certificate to the Office of Superintendent of
Public Instruction if the certificate holder believes they might be ineligible to hold a
certificate for any reason which is or might constitute grounds for a revocation of the
certificate other than a conviction of a felony crime states within WAC 181-86-013(1).
Denial Order: A conclusion of law that the applicant does not qualify for the certificate,
including renewal and reinstatement, or endorsement request.
WAC 181-86 ACTIONS BY THE OFFICE OF
SUPERINTENDENT OF PUBLIC INSTRUCTION FOR ACTS
OF UNPROFESSIONAL CONDUCT AND/OR LACK OF
GOOD MORAL CHARACTER AND PERSONAL FITNESS
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If an application for certification or reinstatement has been denied for lack of good
moral character or personal fitness, the evidence submitted by the applicant must prove
by clear and convincing evidence that he or she is of good moral character and personal
fitness or the application will be denied.
In a suspension or revocation proceeding, the superintendent of public instruction must
prove by clear and convincing evidence that the education practitioner is not of good
moral character or personal fitness or has committed an act of unprofessional conduct.
In all other proceedings, including reprimand, the standard of proof shall be a
preponderance of evidence.
The following burden and standard of proof shall be applicable:
1.
2.
3.
WAC 181-86-170 BURDEN AND STANDARD OF PROOF
Any person who applies directly to the superintendent of public instruction for a certificate,
particular endorsement, certificate renewal, or certificate reinstatement whose application
is denied or any person who is notified that their certificate is suspended or revoked or that
a reprimand order has been issued shall be advised that they are entitled to appeal that
decision to the superintendent of public instruction if they follow the procedures established
in this chapter.
The appeal procedure may not be used to seek reinstatement of a certificate if that
certificate has been revoked in the preceding twelve months by the superintendent of public
instruction.
The appeal procedure to the superintendent of public instruction consists of two levels, one
informal and one formal. The use of the informal level is a condition precedent to use of the
formal level. In addition, RCW 34.05.570 provides for judicial review of such decisions.
WAC 181-86-140 APPEAL - GENERAL
Any person who appeals the decision or order to deny ((his or her)) their application, the
issuance of a reprimand, or the order to suspend or revoke ((his or her)) their certificate
must file a written notice with the superintendent of public instruction within thirty calendar
WAC 181-86-145 APPEAL PROCEDURE - INFORMAL SPI
REVIEW
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If the appeal does not involve good moral character, personal fitness, or unprofessional
conduct, the review officer shall review the application and appeal notice and may
request further written information including, but not limited to, an explanation from the
person or persons who initially reviewed the application of the reason(s) why the
application was denied. If the review officer deems it advisable, they shall schedule an
informal meeting with the appellant, the person or persons who denied the application,
and any other interested party designated by the review officer to receive oral
information concerning the application. Any such meeting must be held within thirty
calendar days of the date of receipt by the superintendent of public instruction of the
timely filed appeal notice.
If the appeal involves good moral character, personal fitness, or acts of unprofessional
conduct, the review officer shall schedule an informal meeting of the applicant or
education practitioner, the office of superintendent of public instruction, and/or counsel
for the applicant or education practitioner with the admissions and professional
conduct advisory committee. Such meeting shall be scheduled in accordance with the
calendar of meetings of the advisory committee. However, the notice of appeal must be
received at least thirty calendar days in advance of a scheduled meeting.
Send by certified mail a written decision (i.e., findings of fact and conclusions of law) on
the appeal within thirty calendar days from the date of post-marked mailing the timely
filed appeal notice or informal meeting, whichever is later. The review officer may
uphold, reverse, or modify the decision to deny the application, the order to reprimand,
or the order to suspend or revoke the certificate.
days following the date of postmarked mailing or other notification, whichever is earlier,
from the section of the superintendent of public instruction's office responsible for
certification of the decision or order. A written notice of appeal is deemed filed upon actual
receipt during office hours by the section of the superintendent of public instruction's office
responsible for certification of the decision or order.
The written notice must set forth the reasons why the appellant believes their application
should have been granted or why their certificate should not be suspended or revoked, or
why the reprimand should not be issued whichever is applicable.
Following timely notice of appeal, the superintendent of public instruction shall appoint a
review officer who shall proceed as follows:
1.
2.
3.
14
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w
w
The timelines stated herein may be extended by the review officer for cause.
In the case of an action for suspension or revocation of a certificate, the review officer,
if so requested by an appellant, shall delay any review under this section until all quasi- judicial administrative or judicial proceedings (i.e., criminal and civil actions), which the
review officer and the appellant agree are factually related to the suspension or
revocation proceeding, are completed, including appeals, if the appellant signs the
agreement stated in WAC 181-86-160. In requesting such delay, the appellant shall
disclose fully all pending quasi-judicial administrative proceedings in which the
appellant is involved.
Forms of written notice accepted will be as published by the superintendent of public
instruction.
1.
2.
3.
4.
5.
6.
Any person who has filed an appeal in accordance with WAC 181-86-140 and desires to
have the decision of the review officer formally reviewed by the superintendent of public
instruction may do so. To instigate review under this section, a person must file a
written notice with the superintendent of public instruction within thirty calendar days
following the date of post-marked mailing of the review officer's written decision. A
written notice of appeal is deemed filed upon actual receipt during office hours by the
section of the superintendent of public instruction's office responsible for certification
of the decision or order.
For purposes of hearing an appeal under this section, the superintendent of public
instruction shall conduct a formal administrative hearing in conformance with the
Administrative Procedure Act, chapter 34.05 RCW. The superintendent of public
instruction, in carrying out this duty, may contract with the office of administrative
hearings under RCW 28A.300.120 to hear a particular appeal. Decisions in cases
formally appealed under this section may be made by the administrative law judge
selected by the chief administrative law judge if the superintendent of public instruction
delegates this authority under RCW 28A.300.120.
The decision of the superintendent of public instruction or the administrative law judge,
whichever is applicable, shall be sent by certified mail to the appellant's last known
Formal appeals to the superintendent of public instruction shall be provided as follows:
1.
2.
3.
WAC 181-86-150 APPEAL PROCEDURE - FORMAL SPI
REVIEW
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d
d
Forms of written notice accepted will be as published by the superintendent of public
instruction.
1.
2.
3.
4.
address and if the decision is to reprimand, suspend, or revoke, the appellant shall be
notified that such order takes effect upon signing of the final order.
The superintendent of public instruction or the administrative law judge, whichever is
applicable, may uphold, reverse, or modify the decision to deny the application, the order
to reprimand, or the order to suspend or revoke the certificate.
The superintendent of public instruction shall notify all other states whenever an applicant
has been denied a certificate for failure to possess good moral character or personal fitness
or whenever a certificate has been suspended, surrendered, or revoked and shall provide the
full name and certificate number, if applicable, to the agency responsible for certification in
each state. The superintendent of public instruction shall notify appropriate public or private
school officials within the state the name and certification number of all education
practitioners whose certificates have been suspended, surrendered, or revoked.
WAC 181-86-185 PUBLIC NOTICE AND REPORT
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The parent or other person has already filed a written complaint with the educational
service district superintendent concerning that employee;
The educational service district superintendent has not caused an investigation of the
allegations and has not forwarded the complaint to the superintendent of public
instruction for investigation; and
The written complaint states the grounds and factual basis upon which the parent or
other person believes an investigation should be conducted.
A parent or another person may file a written complaint with the superintendent of public
instruction alleging physical abuse or sexual misconduct by a certificated school employee
if:
1.
2.
3.
COMPLAINTS ALLEGING PHYSICAL ABUSE OR SEXUAL
MISCONDUCT RCW 28A.410.090 (2)
HOW TO FILE A COMPLAINT?
fit or has committed an act of unprofessional conduct (WAC 181-87), such superintendent
or chief administrator, within a reasonable period of time after making such determination,
shall file a written complaint with the Office of Superintendent of Public Instruction.
A written complaint must first be filed with the school district superintendent, educational
service district superintendent, or the private school administrator, stating the grounds and
factual basis for the complaint.
The Office of Superintendent of Public Instruction has authority to investigate certificated
school district employees for acts of unprofessional conduct or lack of good moral
character or personal fitness. When an educational service district superintendent, school
district superintendent, or the chief administrator of an approved private school possess
sufficient reliable information to believe a certificated employee within such educational
service district, school district or private school is not of good moral character or personally
HOW TO FILE A COMPLAINT AGAINST A SCHOOL
EMPLOYEE
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When an educational service district superintendent, a district superintendent, chief
administrative officer of a charter school, or the chief administrative officer of an
approved private school possesses sufficient reliable information to believe that a
certificated employee within such district or approved private school is not of good
moral character or personally fit or has committed an act of unprofessional conduct,
such superintendent or chief administrative officer, within a reasonable period of time of
making such determination, shall file a written complaint with the superintendent of
public instruction.
If an educational service district, charter school, or school district is considering action
to discharge an employee of such district, the educational service district, charter
school, or school district superintendent need not file such complaint until ten calendar
days after making the final decision to serve or not serve formal notice of discharge.
1.
2.
WAC 181-86-110 DUTY OF ESD SUPERINTENDENT,
DISTRICT SUPERINTENDENT AND PRIVATE SCHOOL
ADMINISTRATOR TO FILE COMPLAINTS
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MANDATORY REPORTING
When any professional school personnel has reasonable cause to believe that a child has
suffered abuse or neglect, he or she SHALL report such incident or cause a report to be
made to the proper law enforcement agency or to the Department of Social and Health
Services within 48 hours.
MANDATORY REPORTING (RCW 26.44.030)
A certificated or classified school employee who has knowledge or reasonable cause to
believe that a student has been a victim of physical abuse or sexual misconduct by another
school employee, shall report such abuse or misconduct to the appropriate school
administrator. The school administrator shall cause a report to be made to the proper law
enforcement agency if he or she has reasonable cause to believe that the misconduct or
abuse has occurred as required under RCW 26.44.030. During the process of making a
reasonable cause determination, the school administrator shall contact all parties involved
in the complaint.
DUTY TO REPORT PHYSICAL ABUSE OR SEXUAL
MISCONDUCT BY SCHOOL EMPLOYEES (RCW 28A.400.317)
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OFFICE OF PROFESSIONAL PRACTICES
Office of Superintendent of Public Instruction
Old Capitol Building, PO Box 47200
Olympia WA, 98504-7200