15-514

15-514. Reports of immoral or unprofessional
conduct; immunity

A. Any certificated person or governing board member who reasonably suspects or
receives a reasonable allegation that a person certificated by the state board of
education has engaged in conduct involving minors that would be subject to the reporting
requirements of section 13-3620 shall report or cause reports to be made to the
department of education in writing as soon as is reasonably practicable but not later
than three business days after the person first suspects or receives an allegation of the
conduct.

B. The superintendent of a school district or the chief administrator of a charter
school who reasonably suspects or receives a reasonable allegation that an act of immoral
or unprofessional conduct that would constitute grounds for dismissal or criminal charges
by a certificated person has occurred shall report the conduct to the department of
education.

C. A person who reports or provides information pursuant to this section regarding
the immoral or unprofessional conduct of a certificated person in good faith is not
subject to an action for civil damages as a result.

D. A governing board or school or school district employee who has control over
personnel decisions shall not take unlawful reprisal against an employee because the
employee reports in good faith information as required by this section. For the purposes
of this subsection "unlawful reprisal" means an action that is taken by a governing board
as a direct result of a lawful report pursuant to this section and, with respect to the
employee, results in one or more of the following:

1. Disciplinary action.

2. Transfer or reassignment.

3. Suspension, demotion or dismissal.

4. An unfavorable performance evaluation.

5. Other significant changes in duties or responsibilities that are inconsistent
with the employee's salary or employment classification.

E. Failure to report information as required by this section by a certificated
person constitutes grounds for disciplinary action by the state board of education.

F. A governing board or school district employee who has control over personnel
decisions and who reasonably suspects or receives a reasonable allegation that a person
certificated by the state board of education has engaged in conduct involving minors that
would be subject to the reporting requirements of section 13-3620 and this article shall
not accept the resignation of the certificate holder until these suspicions or
allegations have been reported to the state board of education.