What Happens When an Arizona Teacher is Under Investigation?
What happens when an Arizona teacher is under investigation by their school district?
I am speaking about the public education system here in Arizona. But it is a very similar process for charter schools, and it can also be for other private schools.
I will go through a general overview of what happens when a teacher is investigated for misconduct. So typically, it starts with notifying the teacher that they are under investigation. The school will then let you know what you’re under investigation. Something having to do with the student, other staff, teachers, parents, or maybe something outside that happened.
Links of Interest:
If the Students Are at Risk
But if they feel the students are at risk or you may be impaired, they’ll start the investigation and let you know. Once the inspection begins, the school will put the teacher on administrative leave. It’s been my experience that the school will pay for it.
It may be unpaid, but you’re on break if it’s egregious. And what that means typically is that the school will send you home. You’re not to usually contact the school district or anybody in the school. I take that back. There’s typically one contact for you. If you have any issues or questions, you can contact that person. But other than that, you’re not to talk to anyone, including students. And so, when you’re on administrative leave, the school will investigate.
They’ll typically speak to students if they are involved. Parents or just any of the parties get their side of the story. They may also ask to interview you as well. And there, you’ll state your side of the story and all the circumstances around it. They also may look for evidence through videos, emails, and anything written. They will go through the content and try to get a good picture of this situation.
Employer Conditions for Teacher Misconduct
After all of that’s done, they’ve conducted their investigation. They’ve met with you then as a teacher and will go ahead and decide. So, there are lots of different options for how this can work.
Sometimes they’ll say you can remain on administrative leave until the end of the school year. And we will accept your resignation. My experience supposes a teacher is under investigation and is not super serious. Most times, they’ll say, we’ll take your resignation. So, you’ll finish your school year, and you guys can go your separate ways.
If the degree is super egregious, they may terminate their contract with you. Then you’re done with your employment with them. Sometimes there can be hybrids like you’ll finish the rest of the year on administrative leave and maybe start at the new school year. So it just depends on the situation.
If it has to do with student safety and other staff, it’s fact sensitive. After conducting their investigation, they’ll let you know if you’re coming back.
Then there is what most people think is done and over with, but it’s not. Your school board or district may report you to your licensing board, or they may file a formal complaint. And so that will spark a whole investigation with the Arizona State Board of Education.
Child Safety and Protective Services
If it’s about the safety or well-being of a child, one may consider the school board or district as mandated reporters. And must report you to the police and child protective services. So, you want to be careful when the investigation process starts.
I recommend advising lawyers, helping them, or having them help you throughout the whole process because it can be very stressful. Especially when you’re in a situation where you can’t reach back out to the school district, and you’re trying to get your school supplies or know what you can and can’t do. And to stop any further investigations with the licensing board, as I said, police, and child protective services.
So that’s a broad overview of what happens during an investigation. As I said, I recommend advising an attorney here at Stark Law. We are very familiar with this process and help teachers daily.
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