In January 2024, a Virginia teacher was arrested after appearing under the influence of alcohol during the school day. Clarke County Public Schools sent a letter informing parents of the arrest and later confirmed the identity of the teacher. 

The teacher requested a grievance hearing. The school board suspended him until March 2024, after which he could return to the classroom. 

Students should be safe when in the care of teachers and school staff. When facing misconduct allegations or disciplinary action, teachers and school staff are entitled to protect their reputations. Allegations are not fact, and sharing information about a complaint against a teacher risks hurting a teacher's career unnecessarily.  

Teachers have the right to an impartial investigation and hearing. The Lento Law Firm Professional License Defense Team works with teachers nationwide to protect their reputations and careers. For teachers facing misconduct allegations, we help them understand their options and choose the path that best protects their livelihood. Call us at 888-535-3686 or fill out our online form. 

Disciplinary Process 

Each state and school district has a disciplinary process and procedure. In general, however, misconduct allegations follow a similar path: 

• Complaint or allegation of misconduct 
• Investigation 
• Hearing 
• Board action 

Teachers shouldn't simply accept that a complaint or allegation against them is true. Neither should they assume that a school board will conduct an impartial investigation and collect sufficient evidence. Teachers need to be proactive throughout the process, including assembling evidence, requesting a hearing, and putting events into context.  

No matter how serious the allegations, teachers have due process rights. They have a right to defend themselves. As shown in the Clarke County case, the teacher exercised his due process rights by requesting a hearing. Even if there's truth to the allegations, teachers can push for a less severe disciplinary action.  

Confidential 

In the Clarke County case, the school district said that it normally keeps disciplinary matters confidential. Here, however, the district claimed the need to publicly address the issue due to public interest. 

In general, disciplinary action ends up being part of the public record. Allegations are usually confidential. Virginia limits what school officials can say about disciplinary actions.  

Allegations of misconduct can detrimentally affect someone's career and reputation, even if those allegations are later found to be without merit. A school district claiming allegations against a teacher is in the public interest doesn't lessen a teacher's right to due process and to protect their reputation. 

In the Clark County case, the school notified parents that a teacher had been removed due to potentially being under the influence of alcohol while at work. The district later confirmed the identity of that teacher. While the teacher was suspended, meaning that the disciplinary action may become public record, even if the teacher had been cleared of wrongdoing, there would still be public allegations against them that could hurt their character and reputation. 

Exercise Your Due Process Rights 

Allegations aren't fact. A complaint against you doesn't mean you've done anything wrong. Investigations may rely on cherry-picked information. If you're a teacher facing misconduct allegations, you have the right to an investigation, to provide evidence, and to a hearing. 

The Lento Law Firm Professional License Defense Team works with teachers nationwide to defend their careers and their reputations. If you're facing misconduct allegations, Call us at 888-535-3686 or fill out our online form.