Administrative Leave
- Thread Starter Alaina
- Start date
cbg
Super Moderator
The answers below assume that you are not a member of a union. If you are a member of a union, then the answers in your contract apply.
1.) No. The law does not provide any time limits that the employer is forced to work within. Different investigations will require different time frames.
2.) Absolutely not. This is not a court of law; you have no right to "face your accuser". And if somehow you do find out, you would only have grounds to sue if you had valid and supportable evidence that would be sufficient to prove a court case, that your accuser could not possibly have really believed what he/she said; that they could not possibly have believed what they were saying was true but they were mistaken, or that they misunderstood something, or that their perception was different from yours. The burden of proof would be on you to show that there was no possible answer but that they deliberately and knowingly lied.
3.) You would have the right to apply for unemployment and look for another job. There are no laws requiring that you be warned before you can be disciplined and if you think about it hard enough, you'll realize why. But you're probably not in a state of mind to do that, so let's take an unrelated example. Let's suppose there's been money going missing, and you walk into the room one day to find a co-worker with his fist in the cash drawer and his pockets full of cash. Should he receive a warning that he's not to steal any more before he can be fired?
1.) No. The law does not provide any time limits that the employer is forced to work within. Different investigations will require different time frames.
2.) Absolutely not. This is not a court of law; you have no right to "face your accuser". And if somehow you do find out, you would only have grounds to sue if you had valid and supportable evidence that would be sufficient to prove a court case, that your accuser could not possibly have really believed what he/she said; that they could not possibly have believed what they were saying was true but they were mistaken, or that they misunderstood something, or that their perception was different from yours. The burden of proof would be on you to show that there was no possible answer but that they deliberately and knowingly lied.
3.) You would have the right to apply for unemployment and look for another job. There are no laws requiring that you be warned before you can be disciplined and if you think about it hard enough, you'll realize why. But you're probably not in a state of mind to do that, so let's take an unrelated example. Let's suppose there's been money going missing, and you walk into the room one day to find a co-worker with his fist in the cash drawer and his pockets full of cash. Should he receive a warning that he's not to steal any more before he can be fired?
Betty3
Well-Known Member
If you are a member of a union, as noted above any recourse you might have would be in your union contract. Many teachers are members of a union. You would want to talk to your union rep. If you're not, then the other answers above stand.
army judge
Super Moderator
You are free to hire a lawyer and take the matter before a judge to be heard.
cbg
Super Moderator
I just read over my reply and realized that it sounds very unsympathetic. It's not intended that way, I assure you. It's not me that's unsympathetic, it's the law that is. Sometimes the law pendulum swings too far. I do wish you the best.
What were you accused of doing (or not doing)? You do not have the right to know who made the allegations but any rights you might have will be spelled out in your contract or union agreement. Those vary from district to district. If you are in your first year, it is more than possible that you have fewer rights than someone who is tenured. Whether you can legally be hired by a new district (public school) depends upon the nature of the allegations against you. Private schools may act as they deem fit. They may or may not have an issue with what you did.
It does not matter if you created the best educational modality ever if you did something else which was against policy. That is like saying a student who turned in an A+ project should be exempt from getting in trouble for punching another kid. One does not offset the other.
It does not matter if you created the best educational modality ever if you did something else which was against policy. That is like saying a student who turned in an A+ project should be exempt from getting in trouble for punching another kid. One does not offset the other.
cbg
Super Moderator
The thing is, you're not in court now. That's a right you take into court with you, though as far as I know (AJ or thelawprofessor can correct me if I'm wrong) it really only applies to criminal court and not civil court. But it is NOT a right that you have in the workplace. That could lead to all kinds of retaliatory strikes that no employer needs happening in the workplace.
The example I used was only an example. But a law that said you couldn't be disciplined unless you got a warning first, would mean that the hypothetical thief could not be fired EVEN THOUGH he was caught red handed. Laws apply to everyone, not just the people you want them to. Right now you are not technically being disciplined; you are on leave while they determine whether you should be disciplined or not.
The example I used was only an example. But a law that said you couldn't be disciplined unless you got a warning first, would mean that the hypothetical thief could not be fired EVEN THOUGH he was caught red handed. Laws apply to everyone, not just the people you want them to. Right now you are not technically being disciplined; you are on leave while they determine whether you should be disciplined or not.
The right to "face your accuser" refers to criminal court proceedings. It is simply not binding in any other environment. There isn't a law which states this, but that the law which does limits who it applies to and by extension, does not confer that right outside those bounds.
I've worked in education for a good chunk of my career and have done more investigations than I care to think about. Rule #1 is, "do not tell the accused who reported them". That is a fabulous way to ensure that no one reports things which really need to be reported. Less scrupulous perpetrators would retaliate. Even if someone reported in good faith and the accused is eventually cleared, at best it makes the workplace awkward. How many abused children do you think would come forward if they knew the first thing that would happen is that their abuser would be told they reported them?
Rare is the accusation which was witnessed by an administrator and other unbiased bystanders with the full story. Rare, as in never. Accusations are always from outside parties (parents, coworkers, students, community members, etc.) and there are a lot of very inappropriate behaviors which are grounds for termination, and have no other witnesses by design. You may be innocent but far too often, there is at least a grain of truth to the accusations. Rare are the totally out of the blue and totally fabricated allegations. It may not always call for termination but it may be a situation which warrants counseling and increased scrutiny. I will tell you one thing, if it was a serious enough allegation to pull you from the classroom, I'd be shocked if the investigation was already over and corrective actions taken. In a case like yours where it is more of a matter of interpretation and context, 6 months is not unusual at all. Add in the summer break and that timeframe lengthens.
I've worked in education for a good chunk of my career and have done more investigations than I care to think about. Rule #1 is, "do not tell the accused who reported them". That is a fabulous way to ensure that no one reports things which really need to be reported. Less scrupulous perpetrators would retaliate. Even if someone reported in good faith and the accused is eventually cleared, at best it makes the workplace awkward. How many abused children do you think would come forward if they knew the first thing that would happen is that their abuser would be told they reported them?
Rare is the accusation which was witnessed by an administrator and other unbiased bystanders with the full story. Rare, as in never. Accusations are always from outside parties (parents, coworkers, students, community members, etc.) and there are a lot of very inappropriate behaviors which are grounds for termination, and have no other witnesses by design. You may be innocent but far too often, there is at least a grain of truth to the accusations. Rare are the totally out of the blue and totally fabricated allegations. It may not always call for termination but it may be a situation which warrants counseling and increased scrutiny. I will tell you one thing, if it was a serious enough allegation to pull you from the classroom, I'd be shocked if the investigation was already over and corrective actions taken. In a case like yours where it is more of a matter of interpretation and context, 6 months is not unusual at all. Add in the summer break and that timeframe lengthens.
I very much appreciate everyone's help in this most unfortunate matter. ElleMD, yes, there is a thread of truth to the allegations against me. However, to state them now, out of context, without knowing the population of students I work with, would not give an accurate description of the events in question. Therefore, I do not wish to disclose the specifics. Even though this is my first year as a certified teacher, I have worked with the same population of students, in a variety of educational settings over the past 10 years. I also have a Master's Degree in Education and have a dream of one day opening up my own Christian School.
No need to outline the nitty gritty details but general nature of the allegations can be helpful if you are comfortable sharing. For example, anything that borders on child abuse is treated very differently than allegations of not following the proper curriculum. Don't discuss anything you do not want to disclose but our answers may change depending upon those details.
Experience with the population and a Masters does not get you around tenure, and that is the great divide. Tenured employees have greater due process rights than those without tenure. It can also affect your teaching certificate as it sounds like yours is provisional.
Experience with the population and a Masters does not get you around tenure, and that is the great divide. Tenured employees have greater due process rights than those without tenure. It can also affect your teaching certificate as it sounds like yours is provisional.
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