Terms Used In Vermont Statutes Title 16 Sec. 1698

  • Conviction: A judgement of guilt against a criminal defendant.
  • Educator: means any teacher or administrator requiring a license under this chapter. See
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Endorsement: means the grade level and field in which an educator is authorized to serve. See
  • following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
  • Fraud: Intentional deception resulting in injury to another.
  • License: means a license to engage in teaching or school administration, as the context requires, in the State and includes, unless the context requires otherwise, the endorsements the licensee has applied for or possesses. See
  • Licensing action: means action that suspends, revokes, limits, or conditions licensure or certification in any way and includes warnings, reprimands, probation, and administrative penalties. See
  • State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
  • Superintendent: means the chief executive officer of a supervisory union and each school board within it. See

§ 1698. Causes for licensing action

Any one of the following, or any combination of the following, constitutes potential cause for licensing action whether occurring within or outside the State:

(1) Unprofessional conduct, which means:

(A) grossly negligent conduct or greater, on or off duty, that places a student or students in meaningful physical or emotional jeopardy, or conduct that evidences moral unfitness to practice as an educator;

(B) conviction for a criminal offense in which the underlying circumstances, conduct, or behavior, by gross negligence or greater, places a student or students in meaningful physical or emotional jeopardy, or conviction of a crime that evidences moral unfitness to practice as an educator;

(C) conviction of grand larceny under 13 V.S.A. § 2501 or embezzlement as defined in 13 V.SA. chapter 57, subchapter 2, provided charges were brought after July 1, 2006;

(D) conviction of a crime charged after July 1, 2006 that involves fraudulent misrepresentation, dishonesty, or deceit, including conviction for any of the following: 13 V.S.A. §§ 1101, 1102, 1103, 1104, 1106, 1107, 1108, 3006, or 3016, provided that conviction under 13 V.S.A. §§ 2002, 2502, 2561, 2575, 2582, and 2591, if the value or amount involved is $500.00 or less, shall not be considered a conviction under this subdivision unless it is part of a larger pattern of dishonesty, deceit, or fraud;

(E) a pattern of willful misconduct or a single egregious act of willful misconduct in violation of duties and obligations of the position;

(F) falsification, misrepresentation, or misstatement of material information provided in connection with the application for or renewal or reinstatement of a license or endorsement; and

(G) with respect to a superintendent, the failure to maintain the confidentiality and privileged status of information provided pursuant to subsection 1700(c) and subdivision 1708(f)(3) of this title.

(2) Incompetence, which means the inability or incapacity to perform the duties and competencies required by the license. (Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007.)