We; EVERMON State Of Vermont {phone} 219 North Main Street, Suite 402 ?[faxl Barre, VT 05641 nuinl ,grw September 26, 2018 Mario Macias Essex Junction, Vermont 05452 Dear Mr. Macias: Please see the enclosed materials. Sincerely, (Mil 9 Emily of Education Assistant Attorney General Cc: Francisco Guzman, Esq. Yaw Obeng, Burlington School District, Superintendent Agency of Education STATE OF VERMONT AGENCY OF EDUCATION In Re: LI-17-253 (Mario Macias) SUPPLEMENTAL FORMAL CHARGE AND AMENDED RECOMMENDATION mywlumenml (.?haruc By authority of State of Vermont pursuant to 16 V.S.A. ?1701 the Secretary of Education, charges Licensee with unprofessional conduct in violation of 16 V.S.A. ?1698, to wit: Count 7 Mario Macias, Licensee, while employed as the Guidance Director for Burlington High School in the Burlington School District, inappropriately engaged a student witness in a discussion of the licensing charges against him, in a manner that he should have known would cause the student severe emotional distress. The student did experience severe emotional distress because of Licensee?s conduct, and together this conduct is a single egregious act of will?il misconduct in violation of duties and obligation of the position in violation of 16 V.S.A. Secrct'arv's Amended Recommendation The Secretary of Education hereby recommends that the Vermont Educator License of Mario Macias be REVOKED. mm. mm Daniel M. French, Secretary of Education ., . DATED: September 26, 2018 lg STATE OF VERMONT AGENCY OF EDUCATION In Re: LI-17-253 AFFIDAVIT NOW COMES Investigator Robert B. Stafford, Jr., af?ant, deposes on oath and states he has reasonable cause to believe Licensee Mario Macias engaged in unprofessional conduct as follows: 1. Mario Macias discussed the charges against him with a student witness. Macias shared the charge with the student and requested that the student make a statement in his defense. The discussion caused the student severe emotional distress. Further your af?ant sayeth not. a. 1/ Roliut B. Stafford, Investigator, Agency of Education Subscribed and sworn to before me on this 35: date of ?ght-g ?3513". 2018. Notary Public 4W. L650. STATE OF VERMONT AGENCY OF EDUCATION In re: Case LI-17-253 (Mario Macias) NOTICE OF HEARING AND PROCEDURAL RIGHTS NOTICE Notice to Licensee: The Secretary of Education has ?led formal charges against you for unprofessional conduct with the hearing panel administrative of?cer. The hearing panel administrative of?cer will appoint a hearing of?cer and a hearing panel, as well as the chair of the hearing panel. The chair of the hearing panel will ?x the time and date of the hearing which will be conducted between 30 and 60 days from the date of ?ling. The hearing of?cer will hear the case and issue recommended ?ndings of fact, conclusions of law and a proposed decision for the hearing panel. You have certain procedural rights which include the following: 1. You have a right to ?le a written response to the formal charges with the chair of the hearing panel within 20 days of service of the charges; 2. You have the right to appear personally in the administrative proceeding before the hearing of?cer; 3. You have the right to be represented by counsel during the conduct of the proceedings; 4. You have the right to produce witnesses and evidence; 5. You have the right. to cross?examine witnesses called by the Agency of Education; 6. You have the right to examine documentary evidence as may be produced by the Agency of Education in this proceeding; and 7. You have the right to be informed of the range of actions to which you are subject if the charges are substantiated. Vermont Laws Page 1 of2 VERMONT GENERAL ASSEMELY The Vermont Statutes Online Title 16: Education Chapter 051 PROFESSIONAL EDUCATORS (Cite as: 16 V.S.A. a 1701) 1701. Secretary's determination Matters involving denial of licensure. With respect to an applicant's appeal, the Secretary shall, within 10 days of receiving the committee's recommendation, af?rm or reverse the licensing decision and notify the applicant in writing. if the Secretary reverses the decision, the of?ce shall issue a license accordingly. if the Secretary af?rms the decision. the applicant may appeal by notifying the Secretary in writing within 10 days of receiving the Secretary's decision. The Secretary shall notify the hearing panel administrative of?cer of the appeal. Matters involving alleged unprofessional conduct or incompetence. With reapect to a licensee alleged either incompetent or to have engaged in unprofessional conduct, the Secretary shall, within 10 days of receiving the investigation committee's recommendation, determine whether to issue a formal charge and what, if any, licensing action should be imposed. If the Secretary determines no formal charge is warranted, the Secretary shall notify in writing the licensee and, if the licensee is employed, the superintendent ofthe school district of employment. if the Secretary determines a formal charge is warranted. the Secretary shall prepare a formal charge. ?le it with the hearing panel administrative of?cer, and cause a copy to be served upon the licensee charged together with a notice of hearing and procedural rights, as provided in this chapter. The Secretary shall provide a copy of the formal charge to the superintendent of the school district, if any, in which the licensee is employed, or if the licensee is employed as a superintendent. to the chair of the supervisory union that employs the superintendent, provided the superintendent or board chair agrees to maintain the con?dentiality and privileged status of the information as provided In subsection 1708(d) of this title. lfthe Secretary ?nds that public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in the formal charge, the hearing panel may order summary suspension of a license pending proceedings for revocation or other action. These proceedings shall be instituted and determined. (Added 2005. No. 214 (Adj. Sass), 2, eff. July 1, 2007; amended 2013, No. 92_ (Adj. Sess.), 166. eff. Feb. 14, 2014.) 7/26/20 1 7 Vermont Laws Page 1 of 1 VERMONT GENERAL ASSEMILY The Vermont Statutes Onli'ne Title 16: Education Chapter 051 PROFESSIONAL EDUCATORS (Clte as: 16 V.S.A. 1703) 1703. Time and notice of hearing The chair of the panel shall fix the time of hearing, which shall be between 30 and 60 days after. as applicable, ?ling of the license application appeal or service of the charge on the licensee. The chair shall provide the applicant or licensee notice of the hearing, in it stating the following: the time and place of the hearing; the right of the applicant or licensee charged to ?le with the chair a written response within 20 days of the date of service; the fact that a record of the proceeding will be kept: the rights of the applicant or licensee charged at the hearing to appear personally, to be represented by counsel. to produce witnesses and evidence, to cross-examine witnesses, and to examine such documentary evidence as may be produced; and, in the case offormal charges against the licensee, the range of licensing actions to which the licensee charged may be subject if the formal charges are substantiated. (Added 2005, No. 214 (Adj. Sees), 2. eff. July 1, 2007.) 1/01703 7/26/2017 Vermont Laws Page 1 of 1 VERMONT GENERAL ASSEMBLY The Vermont Statutes Online Title 16 Education Chapter 051 PROFESSIONAL EDUCATORS (Cite as: 16 V.S.A. 1704) 1704. Burden of proof Denial oflicensure. Except as provided In subsection of this section, the burden of proof in matters involving the denial of an initial license or the addition of an endorsement to a license once issued shall be on the applicant by a preponderance of the evidence. Alleged unprofessional conduct or incompetence. The burden of proof in matters involving alleged unprofessional Conduct or incompetence. including denial of a license based on alleged unprofessional conduct or incompetence. shall be on the Secretary by a preponderance of the evidence, except that in the case of revocation or suspension for more than one year, the proof shall be by clear and convincing evidence. (Added 2005, No. 214 (Adj. Sess.), 2, eff. July 1. 2007; amended 2013, No. 92 (Adj. Sess.), 168, eff. Feb. 14. 2014.) 7/26/2017 Vermont Laws Page 1 of VERMONT GENERAL The Vermont Statutes Online Title 16 Education Chapter 051 PROFESSIONAL EDUCATORS (Cite as: 16 V.S.A. 1705) 1705. Hearing of?cer recommendation The hearing of?cer shall conductthe hearing for the purpose of issuing recommended findings of fact, conclusions of law. and a proposed decision to the hearing panel. The hearing of?cer may administer oaths and otherwise exercise the powers of a judicial of?cer regarding the conduct of a fair and impartial hearing. Within 30 days of the hearing, the hearing of?cer shall recommend to the hearing panel ?ndings of fact. conclusions of law. and a decision and by certified mail provide a copy to the applicant or licensee. (Added 2005. No 214 (Adj Sess.), 2,;eff. July1. 2007.) 1/01705 7/26/2 017 Vermont Laws Page 1 of 1 VERMONT GENERAL The Vermont Statutes Online Title 16 Education Chapter 051 PROFESSIONAL EDUCATORS (Cite as: 16 V.S.A. 1706)? 1706. Decision and order Hearing panel decision. The hearing panel may take additlonal evidence and may accept, reject, or modify the recommendations of the hearing of?cer and shall issue ?ndings of fact. conclusions of law. and an order within 30 days of receiving the recommendations, unless the hearing panel grants an extension for good cause. The hearing panel shall provide a copy of the decision to the Secretary and. by certified mail, the applicant or licensee charged. If formal charges are net substantiated, the hearing panel shall include in its order a statementthat the charges were not substantiated by the evidence, and it shall dismiss the charges. Charges substantiated. If formal charges are substantiated, the hearing panel, in its order, may: take no action; issue a warning; issue a private reprimand; issue a public reprimand; or condition, limit, suspend, or revoke the license to practice. An administrative penalty not to exceed $1,000.00 may be imposed by itself or in connection with the issuance of a warning or of a private or public reprimand. (Added 2005, No. 214 (Adj. Sass), eff. July 1, 2007; amended 2013. No. 92 (Adj. Seas). ?169, eff. Feb. 14, 2014.) ://legislature.vermont. gov/statutes/scction/l 6/05 1/01706 7/26/2017 The Vermont Statutes Online Page-1 of 1 The Vermont Statutes Online Title 16: Education Chapter 51: PROFESSIONAL EDUCATORS 16 V.S.A. 1707. Appeal from panel order 1707. Appeal from panel order Appeal to state board of education. (1) A party aggrieved by a ?nal decision of a hearing panel may, within 30 days of the decision, appeal that decision by ?ling a notice of appeal with the administrative of?cer of the hearing panel who shall refer the case to the state board of education. The parties may agree to waive this review by written stipulation ?led with the state board of education. The state board of education shall conduct its review on the basis of the record created before the hearing panel, and it shall allow the presentation of evidence regarding alleged irregularities in hearing procedure not shown in the record. (2) The state board of education shall not substitute its judgment for that of the hearing panel as to the weight of the evidence on questions of fact. It may affirm the decision or may reverse and remand the matter with recommendations if substantial rights of the appellant have been prejudiced because the hearing panel?s ?nding, inferences, conclusions, or decisions are: (A) in violation of constitutional or statutory provisions; (B) in excess of the statutory authority of the hearing panel; (C) made upon unlawful procedure; (D) affected by other error of law; (E) clearly erroneousin View of the eVidence on the record as a whole; (F) arbitrary or capricious; or (G) characterized by abuse of discretion or clearly unwarranted exercise of discretion. Following appeal or waiver of appeal to the state board of education, a party may appeal to the superior court in Washington County which shall review the matter de novo. (Added 2005, No. 214 (Adj. Sass), .eff. July 1, 2007.) vt. 68? Chapter=05 1&Section=01707 10/23/2014