Skip to main content

Enumerated Offenses

Enumerated Criminal Convictions that Impact Educator Credentials

 

All students deserve a safe learning environment. Michigan Compiled Laws (MCL) 380.1535a, 380.1539b, 380.1230 and 380.1230(a-d) provide procedures for actions required when an educator is convicted of certain enumerated offenses.

What are enumerated offenses that impact educator credentials?

 

Enumerated offenses detailed within MCL 380.1535a can be grouped into three categories based on the action the Superintendent of Public Instruction (SPI) must or may take against an educator’s credentials:

 

Category I: Offenses where the SPI may deny or act against an educator’s credential;

Category II: Offenses where the SPI must immediately (summarily) deny, suspend, or withdraw an educator’s credential and the individual may seek reinstatement; and

Category III: Offenses that are a listed offense (MCL 28.722), where the SPI must immediately (summarily) deny, suspend, or withdraw an educator’s credential and the credential is not eligible for reinstatement.

 

Staffing agencies and districts may have additional policies that impact an individual’s ability to be hired due to a given criminal conviction. Individuals should work with employers to understand how their criminal history may impact hiring and continued employment.

 

The offenses detailed below are provided as a convenience, and may not be fully inclusive. For more information on each offense, visit the Michigan Compiled Laws website.

 

Category I

 

  • Any felony not detailed in Category II or III
  • Any of the following misdemeanors:
    • Criminal sexual conduct in the fourth degree or an attempt to commit criminal sexual conduct in the fourth degree.
    • Child abuse in the third or fourth degree or an attempt to commit child abuse in the third or fourth degree.
    • Cruelty, torture, or indecent exposure involving a child.
    • Delivery or distribution of a controlled substance listed in schedule 1 or 2 to an individual under 18 years of age who is at least 3 years younger (MCL 333.7410).
    • Breaking and entering or entering without breaking (MCL 750.115)
    • Knowingly allowing a minor to consume or possess alcohol or a controlled substance at a social gathering. (MCL 750.141a)
    • Indecent exposure, if not a listed offense (MCL 750.335a)
    • Larceny from a vacant dwelling. (MCL 750.359)
    • Assault or assault and battery (MCL 750.81, 750.81a)
    • Use of internet or computer system to commit, attempt to commit, conspire to commit, or solicit another person to commit a crime, that is not a listed offense (MCL 750.145d)
    • Selling or furnishing alcohol to a minor (MCL 436.1701)
  • A violation of a substantially similar law of another state, of a political subdivision of this state or another state, or of the United States.

 

Category II

  • Felonious assault on a child, child abuse in the first degree, or an attempt to commit child abuse in the first degree.
  • Cruelty, torture, or indecent exposure involving a child.
  • Manufacturing, creating, delivering or possessing with intent to manufacture, create, or deliver controlled substance classified in schedule 1 or 2 or that is a narcotic drug in an amount of 1,000
    grams or more (MCL 333.7401(2)(a)(i))
  • Knowingly or intentionally possessing a controlled substance classified in schedule 1 or 2 that is a narcotic drug in an amount of 1,000 grams or more (MCL 333.7403(2)(a)(i))
  • An individual over the age of 18 who violates MCL 333.7401(2)(a)(iv), manufacturing, creating, delivering or possessing with intent to manufacture, create, or deliver controlled substance classified in schedule 1 or 2 or that is a narcotic drug in an amount less than 50 grams (MCL 333.7410)
  • Recruiting, inducing, soliciting, or coercing a minor to commit a felony (MCL 333.7416)
  • A conviction or an attempt or conspiracy to commit an offense:     
  • Other than a listed offense, criminal sexual conduct in any degree, assault with intent to commit criminal sexual conduct, or an attempt to commit criminal sexual conduct in any degree.
  • Assault with intent to commit murder (MCL 750.83)
  • Assault with intent to rob and steal being armed (MCL 750.89)
  • Attempt to murder (MCL 750.91)
  • A felony violation of use of internet or computer system to commit, attempt to commit, conspire to commit, or solicit another person to commit a crime, that is not a listed offense
         (MCL 750.145d)
  • A crime against nature or sodomy, if a victim is an individual less than 18 years of age, that is not a listed offense (MCL 750.158)
  • First or second degree murder (MCL 750.316, 750.317)
  • Except for a juvenile disposition or adjudication, gross indecency, if a victim is an individual less than 18 years of age, that is not a listed offense (MCLs 750.338, 750.338a, or 750.338b)
  • Kidnapping, if a victim is an individual less than 18 years of age, that is not a listed offense (MCL 750.349)
  • Use or possession of a dangerous weapon or aggravated assault (MCL 750.529)

A violation of a substantially similar law of another state, of a political subdivision of this state or another state, or of the United States.

Any crime listed in section III below, if the superintendent of public instruction determines the public health, safety, or welfare requires emergency action based on the circumstances underlying the conviction.

Category III

  • An offense committed by a person who was, at the time of the offense, a sexually delinquent person as defined in MCL 750.10a
  • Accosting, enticing, or soliciting child for immoral purpose (MCLs 750.145a, 750.145b)
  • Child sexually abusive activity or material (MCL 750.145c)
  • Use of internet or computer system to commit, attempt to commit, conspire to commit, or solicit another person to commit a crime (MCL 750.145d) except for a violation arising out of a violation of recruiting, inducing, soliciting, or coercing a minor to commit a felony (MCL 750.157c)
  • Crime against nature or sodomy (MCL 750.158), committed against a minor unless either of the following applies:
    • The victim is between the ages of 13 and 16, is not more than 4 years younger than the offender, and consented to the conduct constituting the violation
    • The victim was 16 or 17 years of age, was not under the custodial authority of the individual, and consented to the conduct constituting the violation
  • Indecent exposure – fondling, if the victim is a minor (MCL 335a(2)(b))
  • Gross indecency committed against an individual under the age of 13 (MCLs 750.338, 750.338a, 750.338b)
  • Gross indecency committed against an individual between the ages of 13 and 18 (MCLs 750.338, 750.338a, 750.338b), except if:
    • The victim is between the ages of 13 and 16, is not more than 4 years younger than the offender, and consented to the conduct constituting the violation
    • The victim was 16 or 17 years of age, was not under the custodial authority of the individual, and consented to the conduct constituting the violation
  • Kidnapping committed against a minor (MCL 750.349)
  • Unlawful imprisonment, if the victim is a minor (MCL 750.349b)
  • Leading, taking, carrying away, decoying, or enticing away a child under 14 (MCL 750.350)
  • Soliciting, accosting, or inviting to commit prostitution or an immoral act, if the victim is a minor (MCL 750.448)
  • Engaging services for purpose of prostitution (MCL 750.449a)
  • Certain prostitution conduct as a felony (MCL 750.455)
  • Forced labor or services of a minor for commercial sexual activity (MCL 750.462e(a))
  • Criminal sexual conduct in the first degree or third degree, except if the victim was between the ages of 13 and 16, is not more than 4 years younger than the offender, and consented to the conduct constituting the violation (MCLs 750.520b, 750.520d)
  • Criminal sexual conduct in the second degree committed against an individual of any age (MCL 750.520c)
  • Criminal sexual conduct in the fourth degree (MCL 750.520e) committed against an individual who is:
    • Under the age of 13, if the offender is 17 or older
    • Over the age of 13
  • Assault with intent to commit criminal sexual conduct in the second degree committed against an individual of any age (MCL 750.520g(2))
  • Assault with intent to commit criminal sexual conduct involving penetration, except if the victim was between the ages of 13 and 16, is not more than 4 years older than the victim, and consented to the conduct constituting the violation (MCL 750.520g(1))
  • Surveillance of or distribution, dissemination, or transmission of recording, photograph, or visual image of individual having reasonable expectation of privacy, if the victim is a minor (MCL
         750.539j)
  • Any other violation of a local ordinance or state law that by its nature constitutes a sexual offense against an individual who is a minor.
  • An attempt or conspiracy to commit an offense listed above.
  • An offense substantially similar to an offense listed above under a law of the United States that is specifically enumerated in 42 USC 16911, under a law of any state or any country, or under tribal or military law.

Questions regarding Michigan’s professional practices, criminal convictions reporting, or school safety laws should be directed to MDE-Professional-Practice@Michigan.gov.