Students should be safe at school, and teachers should be free from arbitrary and overly severe discipline. Out of efforts to protect students, teachers are often subjected to overly harsh discipline.
Problems can arise through the disciplinary process. Investigations may not be comprehensive. Teachers may face allegations of misconduct even when their actions have no bearing on their ability to teach. They may be given sanctions that are far more serious than their alleged misconduct.
You’ve worked hard to become a teacher. You have a right to defend against the allegations against you. An accusation of misconduct doesn’t lessen your right to due process.
If you’re a teacher in the Boston area who is facing misconduct allegations, the Professional License Defense Team at the LLF National Law Firm can help. Contact us at 888-535-3686 or fill out our online form.
About the Boston-Worcester-Providence Area
Home to approximately eight and a half million people, the Boston area has a long history of supporting education. The area is home to the country’s oldest existing high school, which laid the groundwork for public education.
Covering three states, the Boston region is known for having some of the best public schools in the country. Public schools in the region include:
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Barrington Public Schools
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Boston Public Schools
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Framingham Public Schools
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Lowell Public Schools
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Lynn Public Schools
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Narragansett School System
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Nashua School District
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Newton Public Schools
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Peabody Public Schools
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Portsmouth School District
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Providence Public School District
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Public Schools of Brookline
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Quincy Public Schools
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Weymouth Public Schools
Teachers in the Boston area may have licenses in multiple states or work in a state different from where they live. Disciplinary action originates where a teacher works.
If a teacher is disciplined in one state, it may impact their ability to work in another state. Each state sets its rules for when disciplinary action in another state affects a teacher’s ability to teach in that state.
Teachers shouldn’t report disciplinary action unless required. Failure to report when required, however, can be grounds for disciplinary action.
The Professional License Defense Team at the LLF National Law Firm works with our clients to understand how potential disciplinary action can affect their ability to teach.
License Defense in Massachusetts
In Massachusetts, the Department of Elementary and Secondary Education (DESE) handles teacher licensing and discipline. Two offices, the Office of Educator Licensure and the Office of Professional Practices and Investigations (OPPI), have responsibility for credentialing and disciplinary issues involving teachers.
Massachusetts’ guidelines for professional conduct cover what occurs in classrooms, at school events and activities, and in some cases, a teacher’s personal life.
Grounds for Misconduct Accusations
Teachers may face disciplinary action for any behavior that someone believes falls short of the state’s standards for professional conduct. The state does provide a non-exclusive list of possible grounds for allegations of potential misconduct.
Some of the possible bases for a misconduct investigation:
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A teacher obtained a license through fraud or misrepresentation.
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An educator is unfit to teach.
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A teacher has been convicted, pleaded guilty, or no contest to certain criminal charges.
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The state doesn’t provide a specific list of crimes.
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Crimes that involve moral turpitude, reflect poorly on the teaching profession, or show a lack of good moral character can be the basis for disciplinary action.
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Another state has taken disciplinary action against a teacher licensed in Massachusetts.
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The grounds for disciplinary action must involve conduct that would not be allowed in Massachusetts.
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A teacher acting with gross misconduct or negligence regarding their professional responsibilities and duties.
Disciplinary Process
In Massachusetts, the majority of misconduct allegations begin with a complaint. OPPI is responsible for investigating the complaint. The state allows anyone to file a complaint and recommends using the state’s online complaint system.
After receiving a complaint, the OPPI will begin an investigation. This step includes collecting evidence to determine if there’s any merit to the allegations made against an instructor. Documents, witness interviews, and the teacher’s professional history are common types of evidence.
If the investigation finds indicators of potential misconduct, the next step is formal charges or an alternative action. With alternative active, teachers are essentially diverted away from the disciplinary process. They’ll need to complete the recommended action, such as additional training or lectures on professionalism.
Teachers don’t have to accept these “lesser” sanctions. If they disagree, they have 21 days to appeal.
The next step is a hearing, which is overseen by the hearing officer, who is a neutral third party. During the hearing, both sides have a chance to present their argument.
Following the hearing, the hearing officer will make a recommendation as to what sanctions, if any, the state should impose on an educator.
If teachers disagree with the disciplinary action recommended by the hearing officer, they must file an appeal through the state courts.
Sanctions
While Massachusetts has recommended disciplinary action, its laws state that other sanctions can be imposed. Some of the possible sanctions include:
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Issuing a reprimand
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Suspending a license, either indefinitely or for a fixed period of time
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Revoking a license
Teachers should also be aware that Massachusetts requires administrators to report when they:
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Dismissed a teacher
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Declined to renew a teacher’s contract
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Obtain a resignation related to educator misconduct
Administrators must make a written report of the incident within 30 days.
The disciplinary process can be overwhelming. You don’t have to navigate it alone. The Professional License Defense Team at the LLF National Law Firm can guide you through the process.
License Defense in New Hampshire
The New Hampshire Department of Education handles teacher credentials, sets educator standards, and oversees teacher discipline in the Granite State. The Bureau of Credentialing is the office within the DoE that handles credentialing.
New Hampshire teachers must meet the state’s code of conduct as well as the code of ethics. These two codes set standards for teacher conduct under categories such as:
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Responsibility to the Education Profession and Educational Professionals
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Responsibility to Students
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Responsibility to the School Community
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Responsible and Ethical Use of Technology
Failing to meet these standards can result in a teacher facing allegations of misconduct.
Disciplinary Process
New Hampshire’s process for misconduct accusations generally follows these steps:
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Complaint, which accuses a teacher of suspected misconduct
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Anyone can make a complaint.
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Complaints can be filed in confidence.
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Investigation, which researches whether the complaint has merit.
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Teachers will receive notification that they’re being investigated.
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Tasks can include reviewing documents, interviewing witnesses and other involved parties, and assembling any other evidence related to the complaint.
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Settlement Conferences, which are an optional resolution option
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The conference can allow the two sides to meet informally and see if an agreement can be reached.
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These often result in a less severe disciplinary option, but teachers aren’t required to accept an offered sanction.
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Administrative Hearing
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A neutral third party oversees the hearing.
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Both sides have an opportunity to present evidence and witnesses.
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The hearing officer will publish a decision.
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Teachers do have a right to appeal.
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Sanctions taken against teachers can include suspension and revocation of their license.
The Professional License Defense Team at the LLF National Law Firm helps our clients understand the disciplinary process and decide on the best options for each case.
License Defense in Rhode Island
The Rhode Island Department of Education (RIDE) has the power to license and discipline teachers. The department can also set standards for educators at public schools.
Rhode Island lays out its expectations for teachers in its Teacher Tenure Law. This includes what actions or behaviors can result in misconduct allegations against a teacher and disciplinary actions. The law also gives school districts the power to discipline teachers.
All disciplinary actions against teachers must respect a teacher’s rights, including due process, meaning their opportunity to respond to the charges made against them. Teachers have a right to legal counsel, and the Professional License Defense Team at the LLF National Law Firm can help teachers build defenses and navigate all aspects of the process, including the hearing.
In Rhode Island, the following can be grounds for misconduct allegations:
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Sexual misconduct
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Child abuse or neglect
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Willful neglect of duties
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Gross insubordination
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Conviction of a crime
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Harassment or discrimination
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Falsifying records
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Improper financial dealings
Some of these categories, such as criminal convictions, are cut-and-dry. Others, such as gross insubordination, are more vague and can mean different things to different people. It can also result in inconsistent enforcement and teachers being held to varying standards. Protecting students is important, but teachers should be held to consistent and clear standards.
Understanding the general steps of the state’s disciplinary process can make the process less intimidating. The majority of disciplinary actions begin with a complaint.
Complaint
Complaints are often the first step in the discipline process in Rhode Island. Anyone can file a complaint against a teacher. All complaints must be in writing and state the misconduct the person suspects or knows the teacher engaged in.
Investigation
RIDE investigates complaints by gathering relevant evidence. This can include conducting interviews, reviewing documents, and visiting the school where the alleged misconduct occurred.
Notice of Allegations
If RIDE finds evidence of misconduct, RIDE will send a notice to the teacher. These notices will list the allegations made against the teacher and the teacher’s rights.
Response
Teachers generally have 30 days to respond, although they should check for the deadlines listed on their notice.
Hearing
Impartial hearing officers oversee hearings. Teachers do have the right to have a lawyer present. Hearings are open to the public unless a compelling reason exists to close the hearing.
Decision
Hearing officers issue decisions. If the decision is that the teacher did engage in misconduct, the hearing officer will recommend sanctions.
Appeal
Educators may appeal the decision to RIDE. RIDE will review the appeal and make a final decision.
Teachers shouldn’t assume that investigations are comprehensive. They should work with a lawyer to build a defense and present their side of the situation.
Sanctions
If teachers in Rhode Island are found to have engaged in misconduct, they may face the following sanctions:
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Reprimand, which is a formal warning that’s placed in a teacher’s file. It generally doesn’t affect a teacher’s license or ability to work.
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Suspension, which means an educator is temporarily unable to teach. While a teacher may be paid during an initial suspension or during an investigation, once an investigation finds cause for the suspension, a school can suspend pay.
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Termination for cause means a tenured educator loses their position.
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License revocation, which is the most severe sanction, ends an individual’s ability to teach in Rhode Island
RIDE investigations into misconduct aren’t criminal. In some cases, however, an investigation may find evidence of misconduct by an educator that potentially rises to the level of criminal activity. In these cases, RIDE may refer the case to law enforcement for potential criminal charges. This referral is separate from any discipline action RIDE takes.
For teachers, there’s no such thing as minor disciplinary action. The Professional License Defense Team at the LLF National Law Firm helps our clients be proactive in pushing back against the allegations against them.
Protect Your Career
Being accused of misconduct can have negative effects on your reputation, your career, and your life. In some cases, disciplinary action in one state may negatively impact your ability to teach in other states.
That you’ve been accused of misconduct doesn’t mean you simply have to accept the allegations against you. You have a right to defend yourself.
Even if you did engage in misconduct, that doesn’t mean there’s a blank check for punishment. Sanctions should be proportional to the misconduct.
The Professional License Defense Team at the LLF National Law Firm supports teachers throughout the Boston area who have been accused of misconduct. We help our clients build strong defenses and help them decide on the best course of action for their specific situation.
You’ve worked hard to become a teacher. Let us help you continue to teach. If you’re a teacher in the Boston area and you’ve been accused of misconduct, call us at 888-535-3686 or fill out our online form.