Arizona Teacher Substance Abuse Issues | Arizona Teacher Drug and Alcohol Abuse
What are the consequences for a teacher accused of a substance abuse problem in Arizona?
So, I’m going to start at the district or school level. I’ll also address what can happen at the State Board of Education level.
Links of Interest:
- Arizona Teacher DUI Discipline Matrix
- What Can Happen When an Arizona Teacher Verbally Abuses a Student?
What Does the School Do?
So, suppose you’re a teacher teaching grades K through eight in a public-school charter school and sometimes private school setting. The school may open an investigation if they reasonably suspect that you may have a substance abuse issue. They may put you on administrative leave—paid or unpaid.
Suppose they reasonably suspect you have substance abuse. Depending on certain situations after their investigation, there is potential for them to report you to the Arizona State Board of Education.
Suppose there are any allegations of you being impaired while teaching, the school may report you to the local authorities. So, the police department and also child protective services. But again, it is only if they reasonably suspect that you are under the influence of either alcohol or illegal substances while students are under your care. If this is the case, you may likely be terminated or asked to resign, and as mentioned, report you. Your school will report you to the State Board of Education at that level.
State Board Substance Abuse Investigation
Subsequently, the state board will open an investigation into your license. They will speak with staff and students and examine the surrounding circumstances. They may consider mitigating circumstances or aggravating circumstances as well.
If you have a history of substance abuse, you’ve been disciplined for this. Suppose you come together and negotiate a settlement agreement. You guys agree on the findings of facts, conclusions of law, and what type of discipline would be considered reasonable. If you agree, then it’s sent to the board. They accept the negotiated settlement agreement. Then you start your discipline.
If you can test the findings, they will send you to an administrative hearing with the Professional Practices Advisory committee. It’s set like an administrative hearing so that you can bring witnesses. You can put evidence to support your case. You can also have an attorney represent you after the hearing.
Do Research and Look for Websites that Can Help
They will make findings of facts and conclusions of law and send them to the state board of education. They will accept, reject, or amend the discipline and findings.
You can also look at the State Board and on our website. We have the guidelines for discipline by the State Board of Education.
Substance Abuse Prevention
So, if they find you under the influence of drugs or alcohol while teaching, there are presumptive guidelines for discipline. And this is a suspension for a period or a suspension with conditions for prevention. Those conditions might be the completion of counseling or rehabilitation programs.
You also must be careful if they consider you under the influence. And if there are any challenges with the student— if their well-being, health, and safety are threatened or affected.
There also might be an additional program or discipline. But if we’re talking straight about substance use addiction, again, even if the school doesn’t find you under the influence. Still, it affects your teaching and the students. The school district may hand down discipline.
Arizona Teacher Unprofessional Conduct Dismissal
What is unprofessional or immoral conduct for a teacher in Arizona? School districts and the State Board of Education often use it when disciplining a teacher.
So, what is unprofessional or immoral conduct? Arizona regulation R7-2-1308 defines what unprofessional or immoral conduct is. There are 15 things listed. They’re a catchall. The last item on there is number 15. It says any conduct that would harm the teaching profession is unprofessional.
Misappropriating Funds
I can go through each of those, but we could start with misappropriating funds. Suppose you’re using money given by the state or federal government. You’re not using them as you should or taking them for your gain. In that case, that’s unprofessional or immoral conduct.
Student Abuse
Then you can go into any alleged abuse against a student. That could mean:
- Verbal
- Emotional
- Physical
- Sexual Abuse
Any of those that would fall in that category is unprofessional or immoral.
Breaking Contracts
One popular thing I see from clients nowadays is when a teacher breaks the contract mid-year. They ask to be released. The school district says no, there’s a requirement to stay, but they break their contract. It can be immoral or unprofessional conduct.
Alcohol or Drug Abuse
It also includes substance abuse issues, even outside of the classroom. Suppose it would affect students’ well-being, safety, or health. Then, it would be unprofessional or immoral conduct.
Next, getting impaired while at school under the influence of alcohol or prescription drug misuse is on the list.
Lying in Applications
You may not consider if you misrepresent or lie on any documents, records, or applications. That comes into consideration.
Summary
Unprofessional conduct mainly focused on students. However, staff, parents, and fellow teachers could commit unprofessional conduct. So, you want to keep that in mind. Again, the catchall is anything that would endanger or discredit the teaching profession. That’s the presentation of the statement of the regulation. A school district can investigate if they reasonably suspect that unprofessional conduct occurred.
They get a mandate to report. It makes them disclose any of that to the following:
- Legal authorities
- Child protective services
- State Board of Education
The latter would then conduct their investigation.
Arizona Board of Education Attorney
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