RUNNING HEAD: El Paso Cheating Scandal El Paso Cheating Scandal/Individual Paper Maribel Armendariz Park University MBA 524 Business Law and Ethics Dr. James Lane November 5, 2017 1 RUNNING HEAD: El Paso Cheating Scandal 2 Garcia's plan was to inflate test scores at Bowie High School by not testing the poorest performing 10th graders, changing failing grades to passing grades and forcing struggling students to drop out of school altogether. It worked. Bowie's rating quickly went from "failing" to "academically acceptable." http://www.npr.org/2013/04/10/176784631/el-paso-schools-cheating-scandal-probesofficials-accountability Five El Paso educators have been charged with scheming to defraud the federal accountability system and, in some cases, retaliating against co-workers who cooperated with the FBI's 5½ year investigation of the city's largest school district. http://www.elpasotimes.com/story/news/special-reports/episdcheating/2016/04/27/5educators-arrested-episd-cheating-scheme/83548774/ It’s also a crucial time for character development, say the creators of a new program backed by the El Paso business community and launched to teach ethics in local schools. http://www.elpasoinc.com/special_sections/a_publication_in_collaboration_with_el_paso _independent_school_district/business-group-teaches-ethics-inschools/article_d0d6c844-50c8-11e5-be7f-db1b715ab2dc.html The document said that "beginning in 2004 and continuing through 2012, the U.S. Attorney’s Office conducted a lengthy investigation into corrupt political activity in El Paso, Texas. As part of that investigation, a court authorized search warrant was executed at the office and residence of a local attorney, Luther Jones. Pursuant to the warrant, FBI agents seized several electronic storage devices, including a laptop computer. During the EPISD investigation, the government learned that Jones became close friends with Lorenzo Garcia, the former EPISD superintendent who pled guilty in the instant cause." http://www.elpasotimes.com/story/news/2017/09/14/prosecutors-reveal-new-detailslorenzo-garcia-corruption-case/666257001/ Murphy pleaded guilty earlier this year to conspiracy to defraud the United States for his role in the El Paso Independent School District cheating scheme. But his testimony Tuesday, in the trial of five former colleagues, was the first time he had publicly described his role in detail. http://www.elpasotimes.com/story/news/crime/2017/06/13/defense-episd-case-saysinquiry-politically-motivated/393867001/ Marianne M. Jennings BUSINESS Its Legal, Ethical, and Global Environment 11th Ed. Chapter 6 Administrative Law ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. What Are Administrative Agencies? • Nonlegislative/Nonjudicial Body – Exist at every level of government – They make, interpret, and enforce regulations – Legislatures pass enabling acts • Sets up basic law, purpose, penalties • Sets up administrative agencies to handle the enforcement ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 6-1 What Are Administrative Agencies? • Examples of Federal Administrative Agencies – Department of Agriculture – Department of the Interior – Federal Maritime Commission – Veterans Administration ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 6-2 The SEC ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 6-3 Role of Administrative Agencies • Specialization – Needed to deal with complexities of legislation – Agencies can hire the necessary expertise • Examples: Environmental, occupational safety, nuclear, securities − regulation in these areas requires special expertise ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 6-4 Role of Administrative Agencies • Protect Small Interests and Small Business – Examples: Corrective advertising, consumer complaints • Provide for More Rapid Enforcement and Relief – Do not have to use court system for enforcement – Licensing and permits can be done quickly • Achieve Social Goals – Examples: Environmental Protection Agency; Federal Home Loan Bank Board; Resolution Trust Corporation ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 6-5 Laws Governing Administrative Agencies • Administrative Procedures Act (APA) – Established uniform procedures for agencies to follow in promulgating rules – Other acts have separate names but are amendments to the APA ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 6-6 Laws Governing Administrative Agencies • Freedom of Information Act (FOIA) – APA amendment passed in 1966 – Purpose was to allow public access to agency records – Types of information required to be published • • • • • Location of offices Names of responsible individuals Rules and regulations Reports Policy statements ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 6-7 Laws Governing Administrative Agencies • Freedom of Information Act (FOIA) – Types of information not published • Hearing orders • Non-published interpretations • Personnel policies and procedures ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 6-8 Laws Governing Administrative Agencies • Freedom of Information Act (FOIA) – Unpublished information can be obtained through an FOIA request • Must be written • Must describe the information and/or documents sought • Agency can charge for time and copy costs ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 6-9 Laws Governing Administrative Agencies • Freedom of Information Act (FOIA) – Wrongful refusal to supply information allows requester to bring suit and obtain court order for release as well as recovering cost ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 6-10 Laws Governing Administrative Agencies • Freedom of Information Act (FOIA) – Exemptions from disclosure • National defense or foreign policy matter • Internal personnel rules of the agency • Statutorily protected information • Trade secrets • Inter- and intra-agency memos ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. • Personnel and medical files • Records of investigations • Banking audits • Geological information on well sites 6-11 Laws Governing Administrative Agencies • Federal Privacy Act – Passed in 1974 as an APA amendment – Intended to cut down on the pervasive and casual exchange of information about individuals between and among agencies – Agencies cannot obtain individuals’ records from other agencies without the consent of that person ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 6-12 Laws Governing Administrative Agencies • Government in Sunshine Act – Open meeting law passed in 1976 • Federal Register Act – Authorizes a formal record of agency actions called the Federal Register • Regulatory Flexibility Act – Requires publication of proposed rulemaking in trade publications ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 6-13 Functions of Administrative Agencies • Promulgating Regulations − Business Input – Formal rulemaking • Congress passes Enabling Act • Agency researches a problem • Proposed regulations • Public comment period • Action on rules is taken • Challenges to adopted agency rules ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 6-14 Steps in Rulemaking ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 6-15 Notice of Proposed Rulemaking • • • • • • Notice of Proposed Rulemaking Expanding Access to Mobile Wireless Services Onboard Aircraft A Proposed Rule by the Federal Communications ACTION: Proposed Rules AGENCY: Federal Communications Commission SUMMARY: In this Notice of Proposed Rulemaking (NPRM), the Commission proposes to revise outdated rules and adopt consistent new rules governing mobile communications services aboard airborne aircraft. These rule changes would give airlines, subject to applicable Federal Aviation Administration (FAA) and Department of Transportation (DoT) rules, the choice of whether to enable mobile communications services using an Airborne Access System and, if so, which specific services to enable. The proposed rules would also replace an existing patchwork of regulatory prohibitions on airborne use of mobile services in some, but not all, of the heavily used mobile wireless bands with a consistent regulatory framework that explicitly forbids airborne use of mobile services in those bands unless they are operating on an aircraft equipped with an Airborne Access System. Synopsis ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 6-16 Notice of Proposed Rulemaking (cont.) I. Introduction and Background II. Discussion A. Changes to Current Rules Restricting Airborne Mobile Broadband Use B. Airborne Access Systems 1. Potential Harmful Interference From Uncontrolled Airborne Mobile Devices 2. Benefits of Airborne Access Systems 3. Technical Requirements C. Airborne Commercial Mobile Use D. Other Issues 1. Service Below 3,048 Meters (10,000 Feet) 2. Voice Service Onboard Aircraft Dates Submit comments on or before February 14, 2014. Submit reply comments on or before March 17, 2014. Paperwork Reduction Act (PRA) comments should be submitted March 17, 2014. Addresses You may submit comments, identified by WT Docket No. 13-301 or FCC 13-157, by any of the following methods: Federal Communications Commission’s Web site: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting comments. Mail: FCC Headquarters, 445 12th St. SW., Washington, DC 20554. ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 6-17 Activity During Comment Period • Legislative process and lobbying and donations are different from executive branch participation • Businesses can provide information/comments, but providing favors for regulators creates a fine line ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 6-18 Interacting with the Executive Branch • Case 6.1 McDonnell v. U.S. (2016) ₋ What kinds of favors and gifts were given by Jonnie Williams? ₋ What action did Governor McDonnell take in exchange? ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 6-19 Agency Options Following Comments • Promulgate the new rule • Modify and promulgate • Modify and request additional comments ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 6-20 Authority of Administrative Agencies: Court Challenges • Case 6.2 Hornbeck Offshore Services, L.L.C. et al., v. Salazar (2010) – What was done with the regulation to result in this judicial decision and why? ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 6-21 Proactive Business Strategies in Regulation • Sunset Laws – Agency created for a limited time – Must justify its existence within that time • Zero-Base Budgeting – Ongoing budget for agency is not assumed – Must justify its budget each year ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 6-22 Enforcement Actions ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 6-23 Enforcement Actions • Licensing and Inspection – Enforcement and Inspection • Up-front approval • Some checks imposed – Enforcement by inspection • Health Code violation, Occupational Safety and Health Administration (OSHA) safety inspections ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 6-24 Enforcement Actions • Prosecution of Business – Enforcement by prosecution • Complaint is filed • Injunction can be obtained for this period – Consent decree • Like a plea bargain in a criminal case • Like a nolo contendere plea in a criminal case ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 6-25 Enforcement Actions • Prosecution of Business – Can go to hearing without an agreements • Administrative law judge (ALJ) hears the case • ALJ is like a judge at trial • Intervenors can appear in the case • Rules of evidence are relaxed • Must allow for due process • Exhaust administrative authority before appeal ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 6-26 Enforcement Actions • Prosecution of Business – Penalties • Fines • Injunctions • Repayment to buyers • Corrective advertising ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 6-27 Enforcement Actions • Prosecution and Business – Go to court of appeals • Appeals of decisions go to agency heads exhausting administrative authority (unless it would be futile) before court or appeals will consider • State court appeals also go to court of appeals; however, some states require new trail in state trial court ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 6-28 Roles of Administrative Agencies Activity Steps Parties Results Passing Rules Rule Proposed Comments Modification, Withdrawal Promulgation Agency Consumers Business Congress Agency New Rules Modified Rule Withdrawn Rules Enforcement Licensing Agency Business Inspections Agency Courts (if Warranty is Required) Business Search and Inspection Complaints Agency Fines Penalties Injunctions Consent decrees Hearings ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 6-29 Administrative Agencies in the International Market • The United States is Heavily Regulated – Some businesses have argued that regulations hinders them in the international marketplace ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 6-30 Complexity of Federal Regulations Documents and Populations 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Love Story Reading Level of U.S. Population over Age 65 Playboy Reading Level of General U.S. Population Sports Illustrated Your Medicare Handbook ERISA Summary Plan Description The Wall Street Journal Social Security Handbook Reading Level of Lawyers Albermarle (U.S. Supreme Court Ruling) Occupational Safety and Health Act Employment Retirement Income Safety Act Section 18 of the Social Security Act ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. Grade Level 7.64 9.71 11.46 11.68 12.82 14.94 15.29 16.34 17.51 19.00 20.30 30.79 32.10 41.04 6-31
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