Legal Issues in Public Education
Grand Canyon University EDA 555

February 25, 2015

Response to Concern of Teacher Misconduct
To: Mr. Joe Black, Lead Custodian
From: The Principal
Date: February 24
Subject: Letter of Concern Mr. Black,
Thank you for sharing with me the information about an educational professional in our building. I appreciate that you felt confident enough to bring this to my attention. The safety of the students and staff are very important to me and I will take the allegations seriously and investigate it with great detail. I have professional protocol to follow to start the investigation. I will need you to come in and make a formal statement about what you witnessed from the girls communicated to each other. Our school reputation in our community is very important to me so I would like for you to come in as soon as possible so we can get the investigation started. Thank you for your concerns.

Principal

PLAN OF ACTION It needs to be determined if the allegation is recent or past conduct and if it is a risk the behavior may be repeated. If it is determined that there is a chance that the allegation may be repeated than affirmative action must be taken to keep the students and staff safe, that can be done by temporarily suspending with pay or reassignment. It is important to understanding the collective bargaining and superintendent responsibility before taking these steps. There also has to be a determination if the allegation is illegal or criminal if so local law enforcement officials must be notified. I would send a letter out to the community letting them know that there will be a temporary teacher in Mr. Black’s class until future notice. This is done for parents with concerns about student progress and also this will still protect Mr. Black’s privacy. I would launch a full investigation, because even if I would felt unsure, the allegations could cause the school the face liability for not properly investigating and making corrections to the allegation I would proceed with the investigation. I would interview the janitor first, and then interview the witnesses and victim, since they are students I would also notify their parents or guardians of the investigation. I would require them to put their allegations in writing, that way later I would be able to compare statements. I would interview Mr. Smithson last so I could compare his interpretation of the events with the gathered statements. If Mr. Smithson is a union member he should have his union representative present, he has a choice to refuse representation. The school officials that I would involve in my investigation would be an experience assistant principal and myself. If I have a sheriff officer I would have him or her conduct the investigation. Then I would start an investigation file that is in a safe and confidential place. During anytime would there be a discussion with Mr. Smithson off the record about the incident. After the investigation has concluded I would send a written report to the superintendent,
Notifying the Superintendent of Schools in writing of the of the charges against the social studies teacher and determine if it should be pursued in accordance of Regulation .02 in the Code Book Of Maryland Regulations. The written statement will include the following information. Name and current or last know address of the person being charged, type of certificate(s) held, and specific grounds that support for either suspension or revocation. After receiving the information the superintended needs to make a final determination include the believability and objectivity of the accuser and witnesses, and the consistency of the statements to determine enough evidence of wrongdoing. Based on the evidence if it is determined that misconduct took place than he will award appropriate disciplinary action against the accused. Before making the final decision the superintendent should consult the school attorney, bargaining agreement. If dismissal is determined the accused need to notify as soon as possible in writing a mailed certified copy to the current address or last known address. Mr. Black has right to request a hearing within 10 days of receiving notification. Other agencies that need to be notified are Law Enforcement, the Department of Education, and the school district’s liability insurance carrier. According the Maryland code of Regulation a Certification can be revoked only in the cases of pleading guilty to or no contest, of child abuse or neglects 9 Article 27, 35A, crime of violence.

Abstract
In any work environment it is very important that you know their Legal Rights and Regulations of their job. The schools main concern is for every staff member to have the right to due process. It is the responsibility for every employee to know the rights that are outlined in their contracts and handbook. If there is a union they can assist with the understanding on certain bargaining rights of the employees. As a principal of a school not only am I responsible for making sure my school are following the rules and regulations of daily progression but my employees as well. My job as the principal is the educational productivity while making sure that everyone receives his or her institutional rights. So if any situation interferes with the productivity of the environment then it must be dealt with through a reprimand or and investigation. Due process is equal for all. The employees have the right to a proper investigation; relevant evidence before a decision is made that might change their future.

Recognizing the Legalities of the Issue According to the Code of Regulations for Maryland Education all certified employees have the right to due process. Mr. Smithson has been in the school system a long time with a lot of dedication to the students even though there might not have been any known complaints about him does not mean that these allegations are not true. The student has the right also to feel safe in their educational environment so for al involved the issue needs to be investigated. While the investigation is on going Mr. Smith has his right to confidentiality of allegations. As a principal you do not want to do anything to unnecessary to ruin someone’s repetition or career. So I have the responsibility to see through properly the matter with Mr. Smith allegation. To make sure that Mr. Smith’s rights are protected I would first make sure he had a confidential folder which is not a part of his personal file to keep all the information that was gathered during the investigation. Identify the complaint’s nature, since it is dealing with a student it is a school related situation and needs to be dealt with properly. Mr. Smithson has the right to hear and contest the charges against them before he is released from their job. As an administrator I have two areas that I need to keep in mind his constitutional rights and his statutory and contract rights between the board and the teacher (Egley,R.& Permuth,S.). As an administrator I should have educational knowledge in both areas. The constitutional rights of teachers in the building are the first things I should acknowledge. The fourth and Fifth Amendments state that all Americans have the right not to be deprived of life without due process. So with Mr. Smithson his due process begins with the investigation and gathering the statement and details of all the allegations against him. I would suspend him with pay until all the information is gathered to protect his right and the protection of the students.
He will be interviewed last and will be given the right to make a statement in rebuttal of the allegations. He also has the right the read the statements of the accusers and witnesses, if they are minors their names will be blacked out. I would make sure that Mr. Smithson exercises this constitutional right to council or union representative. Also I would need to let Mr. Smithson know that until the investigation has concluded he will not be allowed on school property or have contact with personnel. Once all the information has been gathered I would then provided the superintendent with my final report and recommendation. If the statements that were gather were inconclusive to provide proof of the allegation and no other came forth with allegations I would suggest that Mr. Smithson be transfer to another school. Even though I would have tried to protect his repetition I am sure there will be rumors in the community about what they think the allegations. I would hate to loose Mr. Smithson because he has been so dedicated to the students but I think if the remained it would cause too may distraction to the education productivity. If I find evidence of misconduct them my recommendation will be termination. This decision does not com easy however I have to separate my personal feelings from the situation even through the decision will affect both of us, my job is to dismiss any teacher that I feel will be detrimental to the academic performance of the school. As an administrator it is very important to know the rights and statues, and local contracts of teachers. Do all you can to avoid going to court, it is costly to all involved, and that is what your investigation must be detailed. Be very objective do not take personal feeling into consideration stick to the evidence of the situation and remember the main requirement are the facts and the facts only. After the notice for termination the teacher my request a hearing within 10 days of receiving the charges, then a pre hearing conference must be help with in 15 days (http://www.edweek.org/), then a hearing within 60 days then a final result in 30 days. This course has taught me to understand the process of investigation when looking at allegations of misconduct. It is extremely important to know your right and responsibilities of you work environment. Mr. Smithson’s was given the right of due process but you have to always do thing to protect yourself as an educator. Do not ever put yourself in a situation in which it could be misinterpreted as something else. Do not know if that is the case with Mr. Smith since we were not given more information. With Mr. Smith’s situation it makes me think about how as an administrator it is very important to keep a pulse on your school environment. If Mr. Black did not feel confortable with the principal then she might not have reported what he had heard to them. If might have com out in a more public way causing a more devastating environment.

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