This bill amends the existing law regarding school ethics complaints by establishing a mediation process aimed at resolving disputes before they escalate to formal proceedings. The School Ethics Commission is mandated to offer mediation opportunities to both the complainant and the school official named in the complaint. If both parties agree to mediation, a mediator will be assigned, and they must sign a confidentiality pledge to ensure discussions remain private. Should the mediation lead to the complainant dismissing the complaint, a written agreement will be required to document this dismissal.
In addition to the mediation process, the bill outlines the steps to be taken if mediation does not resolve the issue. The commission will allow the named school officials to submit written statements under oath and will then determine if there is probable cause to proceed with the complaint. If probable cause is found, the matter will be referred for a hearing. The bill also clarifies the commission's authority to impose sanctions on school officials found in violation of the ethics laws, including reprimand, censure, suspension, or removal, and establishes that any actions taken by the commission regarding violations will be considered final agency actions.
Statutes affected: Introduced: 18A:12-29, 18A:12-34