CLE: 2007: Tracking Sexual Predators in Public Educational Systems

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Title

CLE: 2007: Tracking Sexual Predators in Public Educational Systems

Creator

Cheryle George

Publisher

St. Mary's University School of Law San Antonio Texas Alumni Homecoming, St. Mary's University School of Law Alumni Homecoming

Date

2007-03-30

Relation

St. Mary's University School of Law Alumni Homecoming

Format

RFC3778

Language

English, en-US

Type

Text

Identifier

STMU_HomecomingCLE2007George

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Tracking Sexual Predators
in Public Educational System
Cheryl George,

Professor of Law

Print Version II School of Law at St. Mary's University

Page 1 of 1

School of Law at St. Mary's University

Cheryl George
(210) 436-4389
email: cgeorge@stmarytx.edu
Visting Professor of Law
B.A. (cum laude), 1990, Howard University
J.D ., 1993, Texas Tech University School ofLaw
Before St. Mary's
After graduating from law school, Professor George
worked as a staff attorney from 1993-1995 at the Gulf
Coast Legal Foundation in Galveston and Houston. She
was a criminal prosecutor with the Travis County
Attorney's office in Austin from 1995-1999 where she
tried numerous cases on behalf of the state of Texas and assisted victims of domestic
abuse helping them acquire protective orders/temporary restraining orders. As a staff
attorney in the professional development unit of the State Board for Educator
Certification in Austin from 2003-2004, she performed legal work involving the
investigation, assessment and litigation of professional disciplinary issues concerning
Texas educator examinees, applicants, and holders.
Highlights:
• Invited speaker at the Center for Terrorism Law: "Investigating TerrorismLegal and Policy Issues for Law Enforcement."
• Judge for the Moot Court Competition, Spring 2005
Specialties:
• Education Law
• Criminal Law

~ SLMARV'S

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School of Law at St. Mary's University
School of Law, St. Mary's University , One Camino Santa Maria, San Antonio, Texas
78228

Marian Wright Edelman-Children's
Defense Fund
• "There's ignorance in people who just
don't know that we have a national child
emergency. And there are a lot of people
who are conveniently ignorant-they don't
want to know."

•.r. '

H\'1---

Examples of Sexually Inappropriate
Relationships by Educators with
Students
Jason A.-4th-grade teacher in California.
' Parents complained about him having young boys in his
classroom with locked doors and driving them around in his car.
*School officials repeatedly warned Jason A. about his behavior.
They even assigned a teacher's aide to "keep an eye on him.*
*The school finally chose not to renew his contract.

•...
Jason

A. Continued ...



Alter Jason A was let go, he threat ened to sue the schocl fcx defamatron if
he d1d not recewe a leuer of recommendation The ISO obliged & wrote a
recommendation that stated nothtng negahve and made no menhon ot the
many susp•c•ons and comptamts aga1nst htm.



Jason A then moved to another city in CA.. The 2""" pnnapal called the 1•

~~~c~:~J~:~~~~~!~~b ;~!:1;g~~~o~~~~~~8':;~n~ recommendation. He



In February 2002, a jury convicted him and the JUdge gave h1m a 24~year
pn son sentence .

1

Matthew C.




He was accused in 1996 of fondling two girls in class.
Grillnd jury declined to indict him; lSD investigation was inconclusive.
Educiltor left Bnd was hired by another ISO in another state.



Second ISO called previous ISO, to do a reference check, and was told
absolutely nothing of the alleg ations.




He was hired and given a two year employment contract.
When suspicion s arose about his conduet, the administration called



school confirmed that the accu sations had been made. The 2~ ISO,
having alre•dy entered into the employment contract, allowed him to
stay in the classroom until he was again accused of sexually abusing
two 14-yaar-old female students.
He was then arrested and subsequently fired.

the 1 11 school a second time and specifically asked about what had

happened while he was at 1st school rega rding the accusations. The

.'..

They just keep coming ...


Duane J a football coach. got a senior pregnant at a school in Utah.




He was fired but got another job in Nv.
He admiHed to the NOOE that his Utah license had been revoked. They did
not investigate.



The ~ead of Nevada's Teacher Licensing Authority teamed about the sea.ual
misconduct accusation in Utah and soughi to revoke his Nv. license, butt he
A. G. stopped the effon citmg insufficient legal grounds since the NDOE
KNEW that the Utah license had been revoked.



After the educator exposed himself and repeatedly groped a 13-year old
girl. he was charged with a felony of lewdness with a minor

Dateline's "To Catch a Predator"
• Texas Educator-Stanley Kendall (Murphy,
Tx.)
• California Educator-Walter Bapps (Corona
Ca .)
• Ohio Educator-James Rutherford
(Greenville, Ohio)

2

Canada has the same problem ...


Kenneth D. sexual predator who was an elementary school teacher,



He attacked litHe girls in closets , bathrooms & hallways , even in the
principal's office.
He kissed & fondled them; used ~Julgar la nguage in their presence, rubbed
up aga inst them; put his hand under their clothes and made them touch his



genita1s:



1996 he pled guilty to 14 sexual offenses against 13 of hls Victims;
ALL of his Victims were between the ages of 10 to 18



He was sentenced to 40 months in jaiL

"Robins Report"
• 200 PROVEN incidents of sexual
misconduct by teachers in the past 10
years.
• That works out to be roughly 13 incidents
of sexual misconduct by teachers every
school year .

..
These are the incidents that are
reported ... what about the ones that
are not?


3 abusive Educators: one from Toronto, one from Ontario and one from Brihsh
Columbia . They have 46 known viclims among them.



These are the victims that officials are aware



Peter Jaffe, D1rector of the london Family Court Clinic, who works with victims
of school sexual abuse says,

or.

"For every victim who comes forward, there are up
to TEN who won't."

3

Classification of Predators:
• 1. Abusive teachers who are opportunistic sexual predators
motivated by power, control & sexual gratification;


2. Pedophiles that prefer to have sex with children and have chosen
to work in schools to fulfill that preference;
• 3. Teachers that have "romantic/bad" judgment relationships with
students and believe lhat their conduct IS harmless or is acceptable
because it is ·consensual.·
• 4. Teachers that engage in sexual harassment or Insensitive or
inappropria te behaviO<, though their conduct 1s not necessarily
cnminal.

.



yn:..



How Are We Failing Students?


Failing to Provide or Check References.



Failing to Maintain Records.



The ISO's Reaction to Sexual CompCaints.
o •

Denl;;~l

of Complaints

o • Minimization of Complaints Reeelved
0 • Blaming Vict1m1

o · Failure to lnvest•oate
0 • Thre•ta; & Intimidation
0

• Ill-Motivated or Color.,blc Conduct

Is the lSD Liable?
• A problem faced when this situation occurs at a
school is that usually the administrators at the
school where the alleged crime took place
attempt to investigate.
• Experts point out that given the inherent conflict
of interests, between the school and the victim,
this should not occu r under any circumstances.
• Experts say that these investigations are usually
only effective when highly trained personnel or
outside trained professionals are utilized.

4

What is the lSD to do?
• One reason why schools may not be
anxious to seek outside help when
accusations arise is twofold.
o 1 . Using these professionals is not cheap and
o2. The more people you involve outside of the
school where the allegation arises, the higher
the risk the school will receive negative
publicity.

IS D's are Hesitant to Move .. .
• Administrators may be hesitant to offer access to
irlformation regarding teacher sexual misconduct
due to the fact that the question of their liability is
not necessarily clearly defined. Under the legal
doctrine of respondeat superior, a school district
is responsible for the unlawful acts of its
employees that occur in the course and scope of
employment, but not for actions of employees
taken for their own purpose .

. ..
Course & Scope of Employment?
• Generally, sexual abuse. even when committed on
school grounds or while engaged in school activities is,
· outside the course and scope of employment.•
• liability has been narrowly defined in limited
circumstances by the U.S. Supreme Court holding that
damage liability under Title IX does !Nf extend to a
school district unless an official "who at minimum has
authority to institute corrective measures on the district's
behalf has actual notice of, and is deliberately indifferent
to, the teacher's misconduct."

5

Deliberate Indifference .. .
• The U. S. Supreme Court failed to delineate
what they mean by "deliberate indifference."
• State courts have often awarded money
damages in cases where administrators failed in
their duties such as: failure to supervise, failure
to investigate complaints of sexual misconduct,
failure to train teachers and faculty to adequately
respond to signs or complaints of sexual
misconduct and failure to hire carefully.

The Cloud of Doubt.. .
• Aside from these circumstances, there is a
cloud that surrounds when exactly
administrators and school districts are
liable, thus their reluctance in seeing that
rumors and allegations are properly
investigated .

••.
The Need for a National Database
• There are several national databases, one for each state
and some counties have their own database (See
Always Safe: Known Sex Offenders, Always Safe, ill
http //www.always-safe.com ).
• Once inside one of the many search sites researchers
may get confused because offenders are sometimes
listed together (level one, level two and level three) . and
there is no indication of the nature of the conviction (See
Department of Justice, Community Notification, CSOM
Publicatio ns, ill http://www.csom.org ).

6

Database Cont. ..
• Some offenders are listed by virtue of a
statutory rape conviction, some for a
family violence issue and some are actual
child sex predators. The sheer number of
databases begs for one national database.

,...

NASDTEC
• In the field of education there are, however
40 states that participate in the NASDTEC
reporting scheme which allows for the
reporting of individuals suspected of sex
offenses.
• These individuals have not had their contract
renewed, have been dismissed from their job
in education and/or have had their teaching
credentials removed.

.

'

NASDTEC Cont...


Reporting to NASDTEC Is sparse at best given the volunt ary
nature of reportin g by school administrators; they are not
required to report to NASOTEC ( See Eric J . Kuperman, The
Mark of al : No econd Chance for Teachers Convi ed of

Sex
1).


enses a ainst

tudents Cardozo Women's L. ., 1996, at

Even when offenders are rightfully reported they have been
somewhat su ccessful in mounting due process actions against
districts (See Department of Justice, Commynltv Notlficabon.
CSOM Publications, il bttp:llwww.csom. ora. Ten states
presently allow such actions. One case regarding notice has
made It to the Supreme Court for disposition (See (Brief of
Amicus Curiae 01 -1231) ).

7

Ex Post Facto Argument?
• Offenders are also raising the Ex Post Facto argument
by stating that reporting today of criminal offenses that
occurred in the past exposes them to retroactive
punishment.
• One suggestion that has been made is to include a
carefully worded authorization in the application process
that would enable falsification and evasion as strict and
complete grounds for termination AND reporting, as well
as including a release that would allow any reasonable
background check the district deemed appropriate
inclusive but not limited to criminal background checks.

·~·

~

L
Tracking in General. ..
• T here are still four states that don't even fingerprint
candidates upon application to serve in an
administrative or teaching capacity.
• 1t begs the question ... what are their standards for
volunteers? Which should be a concem as there is
already case law that holds employers responsible for
the sexual offenses committed by their volunteers with
reference to children (See Lourim v. Swensen, 977 Or.
1157 (Or. 1999)).
• This creates problems because it then becomes easter
for a predator to thwart any reporting that may exist
with reference to their record , and lack of fingerpnnts
may give rise to evidentiary deficiencies later on (See
Schram, D. and Mtlloy, C., Community Notificatton: A
study of Offender Characteristtcs, Wash. St. In st. for
Pub. Pol'y, 1995) .

.

•'

.
How Do We Find out what
Teachers have done?
• In 2000 the Massachusetts Supreme
Judicial Court issued a ruling that
protected the professional privacy of public
employees.
• In doing so, details of any disciplinary
actions or wrongdoing were shielded from
public disclosure.

8

..

~~

,

Invasion of Privacy?
• The court held in , Wakefield Teachers
Association v. School Committee of Wakefield
that, "public employees' disciplinary records
were 'absolutely exempt' from public disclosure
under the state open records law. Disclosure
may constitute an unwarranted invasion of
personal privacy."
• Currently, a number of states are seeking to limit
privacy protections that were at one point
available to public school teachers and faculty.

• ..r:.~

I

;mm:;:,

ISD's Taking Steps to Hide Info?
• In Washington's Bellevue ISD-11 0 FOI requests
filed seeking information "pertaining to any
disciplinary Investigation of teachers or coaches
for sexual misconduct."
• The Bellevue teachers union organized a
district wide personnel file review so teachers
could go through their files and remove
materials from them.
• It was discovered that sexual misconduct
records were removed in one case.

.

.~

'

A Force to be Reckoned With!
• Many schools in Was hington ha ve not pursued
alle~ations brought aga inst its employees due to
the 'six figure cost of firing someone and fears
that public firing could tarnish the school's
reputation. "
• The Seattle Times additionally reported that
"even when the school officials find wrongdoing,
they often bow to pressure from teacher's
unions," and instead "hand out mild
punishments" or simply fail to punish at all.

9

• I:.J···

Sll?:t:·..'

Classic Example :
• N .Y. teacher sent a sexually explicit e-mail to a 16 year old female
student that he thought was "hot." It was not until six years later that
he was actually fired.
• Why? Because the process of firing him t ook six years. During
those six years he was in what is known as the ~rubber room ." in
N.Y. education circles. The rubber room is Simply a large room that
the city pays for where teachers that "they are afraid to let near the
kids are stashed. The teachers go there and sit, hang around, read
magaz1nes and waste t1me.• The cost of these rubber rooms runs
the city of New Yorl< $20 million per year. Moreover, while the
aforementioned teaCher spent six years in this rubber room he was
paid more than $300,000 1n salary.

What does it take to FIRE you?
• The New York Daily News writes that, "in theory,
they {school officials) can fire teachers for 'just
cause' [but] in practice; only the gravest
misconduct and grossest incompetence qualify
for termination."
• The News went on to say that courtesy of a UFT
[United Federation of Teachers] contract,
targeting a teenager for a sexual relationship is
not sufficient grounds for termination .

.....

Lengths to Not Reveal info ...
"Letter of Discipline"
versus a
"Letter of Direction."

10

Why No National Database?
• The government's response to this is that it's a "state
issue," and has nothing to do with the U.S. Department
of Education.
• Federal law only requires Educational Systems to have
Title IX anti-harassment policies in writing that are
applicable to all employees and students. However, the
wording, content, implementations, enforcement, notice
and discipline of that policy is left up to the individual
district or school.
• While the Office of Civil Rights at the U.S. Department of
Education has issued guidelines in order to create a
cohesive understanding of school districts Title IX
responsibilities, still too many districts have poorly
written polices that result in rnsufficient responses with
regard to any harassment claims that may occur.

Pros to a National Databse?
• Uniformity among the states in regards to:
o*laws protecting students from sexual
predators in the classroom;
o*penalties imposed on the convicted sexual
predators;
oa tracking system of these predatory
educators.

Uniformity as to:
o • Definitions of criminal offenses; The · Rob1ns Report• defines:
• Sexual Abuse as conduct that involves physical contact

between the abuser and victim which is criminal and which
involves a Significant age differentia l between the parties.
• Sexual Harassment is non-criminal but offensive conduct
including comments about a student's physical
characteristics, suggestive or offensive remarks, propositions
of physical intimacy and other behavior which is unwelcome
and sexua l in nature .
ROOIM. Sydr,ey L (Hon .) "Rol>otl$ ~~- Pr~ecbng Out Sl11rlMI • • Ortlllrio ...WV.uy oil~ Anorn•t

Ga'*ai ' A,pllt2000.

11



aw<n ·

Pros Continued ...
• Educators are not able to legally move
from school to school, state to state,
sexually violating children.

Pros Cont. ..
• A protected, happier, healthier school-age
population.
• We all know that children molested or
sexually violated are more likely to reoffend. Let's stop this trend NOW.

.

'

Cons to a National Database
• Could easily become a tool for disgruntled
students or parents to make false
allegations against teachers.
• Lynn A. Ohman, the Director of Member
Advocacy for the National Education
Association, says that, "We don't have a
complete picture. We don't know how
many are falsely accused."

12

Cons Continued ...
• Due Process Considerations for the Educator that has
not been found guilty of a crime.
• In 1998, at an elementary school in Philadelphia, 5th
grade teacher Michael G. had been falsely accused of
sex crimes by a 23 year old student that said she been
on the receiving end of his abuse while she was a
student in his class 13 years prior to her accusation.
• After the allegations were proved to be false, the
Principal of the elementary said that even though the
allegations were proven false and later dropped, it "made
the staff members at the school feel vulnerable.'

Why No National Database?
• Some teachers are concerned that a,
"heightened sensitivity to sexual apuse may
inhibit an appropriate nurturing relationship
between teacher and student and deprive
children of the warmth and compassion of those
who educate them."
• The fear that quality educators won't want to
work in this f1eld if they think every time a kid
gets mad at them their career (life) is at risk .



False Accusations
• As was reported in The Seattle Times in 2003,
despite being reprimanded or fired for sexual
misconduct over the past decade, 98 of 159
coaches in Washington state continued to teach.
• Additionally, the Times confirmed that local
school districts "passed the trash" and settled
with abusers, which permitted them to resign
and find another teaching job somewhere else
and if not, the misconduct cases simply weren't
documented.

13

Responses to the "Cons"?
• While there may be a high price to pay for being
falsely accused of a sex crime, it cannot be said
that victims of real sex abuse do not suffer eve n
more so.
• Additionally, any teacher who truly has a heart
for students should not mind the extra
precautions that must be taken in order to
ensure the ultimate safety of our nation's
children.

Pi*' ·_..

The Scope/Reach of this proposed
database?
• The Federal Government could have the power
to make participation from all U.S. public schools
mandatory.
• What about private and religious schools, or
church day cares j ust to name a few.
• This broaches on the question of separation
between church and state, and the federal
government not having the power to make these
types of institutions contribu te to this database .


Who Will Be the Voice for the Kids?
• Changes are going to have to occur or the
situation will get worse.
• Elisa Page, a mother of an 8th grade girl
whose daughter repeatedly had sex with
her teacher sums it up when she says,
''The one place there are no child
advocates is in th e schools.''

14

This is a REAL problem ...
• Data collected by Utah's State Office of
Education Professional Practices Advisory
Commission, found that in nine of the past
15 years, "sexual misconduct was the
number one reason for teachers losing a
license, accounting for more than half, and
during one year, 86 percent of the lot."

A HUGE Problem ...
• A Michigan state auditor report in 2004
concluded that the Department of Education
"needs to do a better job of tracking criminal
convictions, documenting current teachers and
updating the records of teachers who have been
decertified. The audit revealed that "222
licensed school workers , mostly teachers, had
criminal records; and that the state did not know
about 178 of them."

.-

-... . - ·

Pres. Jimmy Carter ...
• uwe must adjust to changing
times and still hold to
unchanging principles."

15

In Conclusion ...
• Probably the most likely reason teacher sexual
misconduct continues to run rampant is the
complete lack of uniformity in state ru les and the
total absence of a national database to keep
track of these incidents throughout the nation.
• While this topic is becoming more prevalent in
education circles, unless the U.S. government
gets involved and makes this a priority, there
may never be any real improvement.

Asst. Prof. Cheryl (Shelly) George
• E-mail: cgeorge@stmarytx.edu
• Work: 210-431-4389

16

SAN ANTONIO INDEPENDENT SCHOOL DISTRICT
141 Lavaca Street, San Antonio, Texas
Continuing Contract Employment Agreement
School Year 2006-2007

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the Texas Education .A:gency,.I!Je State Beard of Educator Certification, the State Board oLEdocation, and/or SAISD. Responsibility fQr providing satisfactory
evid.~nce ~t'. exp~[ience7'"certifi~ation, am;!/o~".,;?'ii~r . ~~qui~~d credentials·,:.s~alr rer:nain 'wtti(EMpioy~e. Faiiure of Emp!~Y~ jo main~in ~~pca~ion in the
positron(s) ~o - wt,:uch as~rgned. may be grounds for drscharge. False statements, mtsrepr:esentatton or·fraud by Employee tn or concernn'!g any•requtred record
or in t~e employmer,d _applicatl~n may ,~·gr?.un~;; i~r ·d!sc"narge. Empl~Y~. h~reby represents:·tha! he/she has ma~e Wr:itten disclos1:1re. to SAISD of any
convtctron~for._ ~.!;lony ~n~ ~v:ry bffen_~e,u1voivmg morattur:pitud~.

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Employee acknowledges the importance placed on computer technology by SAISD for success in Ieday's workforce and in public ed ucation. Employee
acknowledges the necessity for each employee to possess a basic level of computer knowledge, sufficient that he/she can operate a computer and, where
necessary, understand the concepts and commands necessary for working with those specific computer hardware and software systems applicable to each
employee's job assignment. When applicable, Employee shall be required to participate in, and successfully complete, training provided by SAISD in order for
Employee to develop sufficient computer technology skills as may be required to effectively and efficiently carry out responsibilities and duties in the job
assignment. An assessment of Employee's ability to effectively use computers in the job assignment shall become part of the employee evaluation process.
Employee shall comply with, and be subject to state and federal law and regulations, the regulations and procedures of the Texas Education Agency and other
state regulatory bodies as may be pertinent to Employee's employment, all SAISD policies, rules, regulations and directives, and the policies, rules, regulations
and directives for Employee's particular assignment, currently in force and as may be later implemented and/or amended from time to time. Employee shall
faithfully perform to the satisfaction of SAISD all duties and responsibilities set forth in the job description and/or assigned.
Employee's employment with SAISD is subject to assignment and/or reassignment of position(s) or duties, additional duties, changes in responsibilities of
work, transfers or reclassification at any time by the Superintendent. Employee is, further, subject to the assigned duties and/or directives given to Employee
by supervisory personnel. Assigned duties include, but shall not be limited to, attendance at workshops, in-service training and/or staff meetings as may be
reasonably required by Employee's supervisor(s), upon reasonable notice to Employee, as well as attendance at institutes and meetings called or designated
which, in the opinion of the Superintendent, will support sound public school operations; provided, however, that attendance at such shall not exceed the
contractually authorized term of service. Employee shall have no property right to any particular position, assignment, campus, duty or title. Any change in state
and/or federal law and/or SAISD policies, rules, regulations and administrative directives shall act as a novation to this contract. Continued performance under
this contract shall constitute acceptance of the novation by Employee.

fRevised 05111120051

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In accordance with Texas Education Code, SubtitleD, Chapter 21 , Subchapter 0 , th is contract may be terminated and Employee may
be discharged at any time for good cause as determined by the Board of Trustee, good cause being the failure to meet the accepted
standards of conduct for the profession as generally recognized and applied in similarly situated school districts in Texas. In lieu of
discharge, Employee may be suspended without pay for good cause for a period not to extend beyond the end of the current school
year. Employee may be released at the end of- the school year and terminated at that time because of necessary reductions of
personnel by the school district as authorized by state law.
Employment in federally or categorically funded positions is expressly conditioned upon the availability of full funding for the
position.
Employee shall satisfactorily submit or account for all grades, reports, school equipment, or other required items at the end of the
school year.
Employee may be released from this contract only in accordance with Texas Education Code or school district approval, pursuant to
local policy. This contract combines and supersedes all prior agreements and representations concerning employment. No
amendments to this contract shall be binding unless reduced to writing and signed by both parties.

The white (original) pages of this contract must be signed and returned to the SAISD Human Resources Department at
141 Lavaca Street, San Antonio, Texas 78210. The yellow pages may be retained by Employee.
(Revised 0511112005)

Continuing Page 2 of 2

SAN ANTONIO INDEPENDENT SCHOOL DISTRICT
141 Lavaca Street, San Antonio, Texas
Probationary Contract Employment Agreement
School Year 2006-2007

Organization #:

Employee Name:

This contract is made and entered into by and between San Antonio Independent School District ("SAISD"), of San Antonio, Bexar County, Texas, and the
above named individual ("Employee"). Unless otherwise indicated, Employee is employed by SAISD under the probationary contract provisions of the Texas
Education Code, Subtitle D, Chapter 21, Subchapter C, currently in force and as may be hereafter amended from time to time. This probationary contract
assures Employee of a position with SAISD during the term of this contract, unless Employee (1) resigns, (2) retires under TRS, (3) is discharged for good
cause, or (4) is suspended in lieu of termination of employment during the·term. :It .does not assure Employee of future employment, total salary, or daily rate of
pay for future school years. Employee does not have a property interest in this contract.beyond its term. Any other provision of this contract notwithstanding,
this contract shall not be for a term exceeding one school year.
Board of :rr.ustees m~y renew the probationary contract for two additional one-year periods;
except 1 however, the probationary period shall not exceed one year if • Employee a-"Teacher" .as defined in §21 .101I of the Texas Education Code and has
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Employee's hours and workdays of employment shall b~ set by .SAt Sill, ·' lJn)ess .othl(r.yise indicated·her.ein, EmployEle shall be requrred to work rnstructronal,
staff development and teacher workdays, as established ·each year by lhe,Board·of -rrustees through ·the ad!;!ption dfthe school calendar, applicable workdays ,
if any, established by Administration on the administrative work calendar for ctt!signated assignme_
nts, and/or 'workdays as set out in the compensation plan
approved each year by the Board of :rrustees.: · Notwiihsfimdirig:arw provision l<lerein tcdtie.contrary, Employ.ee 'shal~ not be required to work beyond the term of
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The Boar(onrustees shall'~ttiorize paym~nt 'to Employee, cif ·a~nfll]~l~lari accorciing' to ttJe.Compensation Plar.'l ,adoiiteC:l by·the Board. _ the case of
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classroom· teac;hers, ·nurses,' couryselors .and librarians, 90mpensation shall not be less than the·state minimum ~lar:y.~ In the case of all" other probationary
contract employees, .corT\pen?ation shall be sole!Y,determined by Employee's placement on the Compens~tion :Pian, in accorqance with the ruleS! of the Plan,
as approved by the ·Boar.do of Trustees from year.to year. Compensation includes consideration for any.assigned duties, "
responsibilities, aAd't'lsks assigned to
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In the eveht'.employeeh heets ..the criteria for· participation in any Board approved incentive pay plari', emp!oyee may .be. ent~led lo ,receive rncertrve pay rn
accordanc;;e with the" Boarq ,adopted criteria .and proc'edures and within all applicable provisions of t!)e law:..The incentive paymel')t is conside.red a bonus for
performa?ct during·tt-i~.t~~ ?f t~is _eont!!'l~t ~~. is.riot·an entitlement as part of the employee's salary~. . ~·~ '/.: ;: _: -';.~,~. • ~·~ !1- •. • ~ .
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Placement' on the:SAiSD Compensation P-lan is· subject to validation of experience and state and/or SAISD' certifrcaticilli r.equirements. Total compensation is
subject to·modificatiot{baseil OR vaiisated ~xperi'imc'e; degree, certification and assignment. Errors in salacy calculatiori shall be-cor.n!cteda~d Employee shall
reimburse SA·I SD. fotoveq:iayment because (j)f such errors;
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Thrs contr-act rs. c?na.rt(OJ]ed ·'!.n Emp~oyee -~tr~actor.lly provrqrn~ th~ certrficatron, servrce r~cords, 1teach~ng credentrals <;t[ld~!i\. ?!~er re~ord!?_r~qurred by law,
the Texa!? Educatton' Agency, .the State Board of Educator. Certrficatton, the State Board of. Educatron, andl?r SAJSD. R~spon~rtlrl.rty· for P.rovrdrng satisfactory
evidence of ex¢'erience,· certification, and/or othe'r required credentials shall remain with Employee.-Fallure "of Employee· to malnfain certification in the
position(s) to which assigned, if applicable, may be grounds for discharge. False statements, misrepresentation or fraud by Employee in or concerning any
required record or in the employment application may be grounds for disch~rg~. Employee hereby represents that _he/sh~ ,has made written disclosure to
SAISD of any conviction for.a felony and every offense involving moral turpitude unless reduced to writing a.nd signed by botn parties: ... , . ~> •••
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Employee aclrnowledges' the importance _
placed on computer technology by SAISD for SuC9eSS in 'today's workforce and. in public education. Employee
acknowledges the necessity for each -er;nployee to posses~ a basic leyel of con;~puter knowledge, · sufficient that he/she ,ean operate a CC?mp\lter and, where
necessary, understar:d..-the concept~ and C()mmands necess~ry for working wit.bJhose .spe~fic, computer hardwar~ , an,d softl,-yare s:Vstems applicable to each
employee's job assignment. When applicable, Employee shall be required to participate in, and successfully complete, training provided by SAISD in order for
Employee to develop sufficient computer technology skills as may be required to effectively and efficiently carry out responsibilities and duties in the job
assignment. An assessment of Employee's ability to effectively use computers in the job assignment shall become part of the employee evaluation process.
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If Employee has signed a Math and Science Hiring Incentive Agreement as a new employee of SAISD, the agreement is hereby Incorporated herein by
reference and made a part of this employment agreement, obligating Employee to the terms and conditions of employment as set out therein. If Employee has
signed an Employee Signing Agreement prior to approval of this contract by the Board of Trustees, the parties agree that the signing agreement is hereby
incorporated herein by reference and made a part hereof for all purposes.
Employee shall comply with, and be subject to, state and federal law and regulations, the regulations and procedures of the Texas Education Agency and other
state regulatory bodies as may be pertinent to Employee's employment, all SAISD policies, rules, regulations and directives, and the policies, rules, regulations
and directive's for Employee's particular assignment, currently in force and as may be later implemented and/or amended from time to time. Employee shall
faithfully perform to the satisfaction of SAISD all duties and responsibilities set forth in the job description and/or as assigned.
Employee's employment with SAISD is subject to assignment and/or reassignment of position(s) or duties at any time during the contract term by the
Superintendent. Employee is, further, subject to the assigned duties and/or directives given to Employee by supervisory personnel. Assigned duties include,
but shall not be limited to, attendance at workshops, in-service training and/or staff meetings as may be reasonably required by Employee's supervisor(s), upon
reasonable notice to Employee, as well as attendance at institutes and meetings called or designated which, in the opinion of the Superintendent, will support
sound public school operations; provided, however, that attendance at such shall not exceed the contractually authorized term of service. Employee shall have
no property right to any particular position, assignment, campus, duty or title. Any change in state and/or federal law and/or SAISD policies, rules, regulations
and administrative directives shall act as a novation to this contract. Continued performance under this contract shall constitute acceptance of the novation by
Employee.
1

Pursuant to §21 .1 02 of the Texas Education Code, the Board of Trustees may extend the probationary contract period beyond the end of the third consecutive
school year to a fourth consecutive school year, if the Board determines that it is doubtful whether the employee should be given a continuing or term contract.

In accordance with Texas Education Code, Subtitle D, Chapter 21, Subchapter C, this contract may be terminated and Employee, if a teacher as defined by
§21.1 01 of the Texas Education Code, may be discharged or suspended without pay at any time for good cause as determined by the Board of Trustees,
good cause being the failure to meet the accepted standards of conduct for the profession as generally recognized and applied in similarly situated school
districts in this state. If employee is not a teacher as defined by §21 .1 01, he/she may be discharged or suspended without pay for good cause as determined
by the Board of Trustees without further qualification. Employee may be released at the end of the contract period and terminated at that time if in the
judgement of the Board of Trustees the best interests of SAISD will be served thereby, subject to proper notice given to Employee as provided by law. If the
Board of Trustees fails to provide Employee the required notice of non-renewal, Employee shall be employed in the same capacity for the following school year.
Employment in federally or categorically funded positions is expressly conditioned upon the availability of full funding for the position.
Employee shall satisfactorily submit or account for all grades, reports, school equipment, or other required items at the end of the school year.
Employee may be released from this contract only in accordance with Texas Education Code or school district approval, pursuant to local policy. This contract
combines and supersedes all prior agreements and representations concerning employment. No amendments to this contract shall be binding unless reduced
to writing and signed by both parties.

The white (original) page of this contract must be signed and returned to the SAISD Human Resources Department at
141 Lavaca Street1 San Antonio1 Texas 78210. The yellow page may be retained by Employee.

Probationary Page 2 of 2

Files

Collection

Citation

Cheryle George, “CLE: 2007: Tracking Sexual Predators in Public Educational Systems,” St. Mary's Law Digital Repository, accessed August 20, 2017, http://lawspace.stmarytx.edu/item/STMU_HomecomingCLE2007George.

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