Mont. Admin. R. 10.57.601A - DEFINITION OF "IMMORAL CONDUCT"
(1) "Immoral
conduct" related to the teaching profession, under
20-4-110(1)(f),
MCA, includes, but is not limited to :
(a)
sexual contact, as defined in
45-2-101,
MCA, or sexual intercourse as defined in
45-2-101,
MCA, involving a minor or a person the applicant or licensee knows, reasonably
should know, or should have known is a student at a public or private
elementary or secondary school;
(b)
conduct, whether resulting in the filing of criminal charges or not, which
would constitute an offense under any of the following statutes of this state:
(i)
45-5-502, MCA,
(sexual assault);
(ii)
45-5-503,
MCA, (sexual intercourse without consent);
(iii)
45-5-504, MCA,
(indecent exposure);
(iv)
45-5-505,
MCA, (deviate sexual conduct), if the conduct either was non-consensual or
involved a minor or a person the applicant or licensee knows, reasonably should
know, or should have known is a student at a public or private elementary or
secondary school;
(v)
45-5-507, MCA,
(incest);
(vi)
45-5-601,
45-5-602,
or
45-5-603,
MCA, (offenses involving prostitution);
(vii)
45-5-622(2),
MCA, (endangering the welfare of children);
(viii)
45-5-623,
MCA, (unlawful transactions with children);
(ix)
45-5-625,
MCA, (sexual abuse of children);
(x)
45-8-201,
MCA, (obscenity);
(xi)
45-5-627,
MCA, (ritual abuse of minor);
(xii) any statute in Title 45, chapter 9,
part 1, MCA, (dangerous drugs);
(xiii)
45-5-220,
MCA, (stalking);
(xiv)
45-5-223,
MCA, (surreptitious visual observation or recordation);
(xv)
45-10-103,
MCA, (criminal possession of drug paraphernalia);
(xvi)
45-10-105,
MCA, (delivery of drug paraphernalia to a minor);
(xvii)
45-8-334,
MCA, (possession of a destructive device);
(xviii)
45-8-361,
MCA, (possession or allowing possession of weapon in school
building);
(xix)
45-8-403,
MCA, (use of threat to coerce gang membership) ;
(xx)
45-8-406,
MCA, (supplying of firearms to criminal street gang);
(xxi)
45-5-622(3),
MCA (endangering welfare of children);
(c) repeated convictions for violations of
any one or more of the criminal laws of this state, which violations are not
otherwise grounds for suspension or revocation, if the repeated convictions,
taken together, demonstrate that the teacher, specialist or administrator is
unwilling to conform their conduct to the requirements of law;
(d) occurrences related to ARM
24.9.1003(3),
(sexual harassment), defined as "unwelcome sexual advances, requests for sexual
favors, and other verbal and physical conduct of a sexual nature" when:
(i) submission to the conduct is explicitly
or implicitly made a term or condition of education;
(ii) submission to or rejection of the
conduct is used as the basis for an educational decision affecting the
individual; and/or
(iii) the
conduct has the purpose or effect of unreasonably interfering with school
performance or creating an intimidating, hostile or offensive learning
environment.
(e)
submitting false credentials, omitting relevant information, or making any
statement of material fact an applicant or licensee knows to be false to apply
for a license, endorsement, employment, or promotion. False credentials include
but are not limited to:
(i) college degrees
or credit from non-accredited or -approved colleges or universities;
(ii) false professional development
credit;
(iii) false academic
awards; or
(iv) inaccurate
employment history;
(f)
significant misuse of technology or electronic communication involving a minor
or a person an applicant or licensee knows, reasonably should know, or should
have known is a student at a public or private elementary or secondary school,
including but not limited to misuse of computers, cellular telephones, or other
electronic devices; or
(g)
intentionally falsifying or deliberately misrepresenting information regarding
standardized assessment of students, including but not limited to providing or
changing test answers or using inappropriate testing accommodations or
modifications.
Notes
AUTH: Mont. Const. Art. X, sec. 9, 20-4-102, MCA; IMP: Mont. Const. Art. X, sec. 9, 20-4-110, MCA
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