It has been frequently observed that teaching is an act of optimism. Dedicated educators spend their limited time pouring their effort into students who may or may not ultimately benefit from that meaningful investment. Teachers, therefore, must rest – at least, to a degree – on the hope that their labor will eventually transform the lives of their students and their communities for the better. This is often easier said than done. In the Oklahoma City Metro and its surrounding communities, for example, schools generally rank far lower than the national average, in part because Oklahoma’s poverty rate is high, the educational system is notoriously underfunded, and teacher shortages place unreasonable burdens on those who hold down the collective fort. It is understandable that nearly 8 out of every 10 teachers report that they’ve thought about quitting at some point over the past several years. Tight education budgets, unsupportive administrators, frustrated parents, disengaged students, and a host of other concerns can burden teachers to the point of burnout. Additionally, for many, having their professional choices questioned by the state can lead to a desire to quit. When honest mistakes, genuine misunderstandings, administrative missteps, or malicious targeting lead to an investigation of a teacher’s fitness to remain certified, overworked and underpaid educators may feel as if they’ve run out of both optimism and patience with their profession.
If you are a teacher based in Oklahoma City or its surrounding communities – perhaps Shawnee, Edmond, or Norman – and you are overwhelmed by news that a complaint has been filed against you by a student, parent, colleague, or member of the community, know that you are not the first teacher who has been forced to navigate these circumstances. A significant number of teachers in Oklahoma and across the U.S. have their professional and personal conduct scrutinized by state licensing boards at one time or another. Whether your behavior is being investigated due to a mistake, misunderstanding, or someone with a grudge against you is trying to cause you harm, know that the trusted Professional License Defense Team at the LLF National Law Firm is immediately available to start working to protect your reputation and your hard-earned career. Call our team today at 888-535-3686 or contact us online to learn about how we can help.
Why Are Complaints Filed Against Teachers?
Before aspiring teachers are permitted to teach in Oklahoma public schools, they must meet certain educational and administrative requirements that lead to formal certification. Securing a valid teaching license from the State’s Office of Teacher Certification (OTC) involves graduating from challenging undergraduate studies, paying a fee, passing several exams, and filing personal information with the state. A current license allows educators to pursue job opportunities across the state and remain gainfully employed once they’ve been hired. That hard work and professional stability can be compromised, however, if a complaint concerning a teacher’s fitness to educate children is filed with the Oklahoma State Department of Education (OSDE).
Most of the time, complaints that warrant any kind of attention by the state allege a violation of Oklahoma’s Standards of Performance and Conduct for Teachers. This document outlines each teacher’s obligations to their students, ideals of professional service, and forms of explicitly prohibited conduct.
A Teacher’s Obligations to Their Students
The state’s principles for teacher behavior begin by outlining an educator’s obligations to their students. Unlike most of the standards that follow in the next two portions of this administrative code, this opening section is almost wholly subjective. As a result, teachers too often find themselves forced to grapple with complaints filed by those whose perceptions of what these obligations mean in practice differ from their own.
A well-meaning teacher who tries to honor the standard that they “shall not unreasonably deny (students) access to varying points of view” may be accused of violating the standard that they “shall make reasonable effort to protect the student from conditions harmful to learning or to health and safety” if a parent takes issue with a teacher’s attempt to discuss gender identity concerns in the classroom, and the parent at issue believes that affirming the existence of more than one gender could cause their student harm. Similarly, a teacher striving to avoid excluding “any student from participation in any program” may be accused of granting an advantage to a student (also prohibited conduct) by accommodating their unique needs in some meaningful way.
Additional prohibitions outlined in Oklahoma’s administrative code concerning each teacher’s obligations to their students include:
- Unreasonably restraining students from independent efforts related to their pursuit of learning
- Suppressing or distorting subject matter that could impact their progress
- Intentionally embarrassing or disparaging them
- Unfairly discriminating against them based on their “race, color, creed, sex, national origin, marital status, political or religious beliefs, family, social, or cultural background, or sexual orientation”
- Using professional relationships with them for personal gain
- Failing to comply with state and federal protections in place for the benefit of students with disabilities
Teachers are also prohibited from disclosing information about students unless required by law or permitted by law while simultaneously serving a compelling professional purpose.
The Ideals of Professional Service that Teachers Must Strive to Uphold
Like doctors, lawyers, and other licensed professionals in Oklahoma, the Sooner State’s teachers are expected to reflect the honor, integrity, and ideals of their chosen profession. As a result, the state’s administrative code explicitly prohibits the following kinds of conduct by teachers who wish to remain licensed and employable:
- Deliberately misrepresenting or otherwise submitting false or incomplete material information related to one’s qualifications and competency on an application for a professional position
- Knowingly making false statements about the professional qualifications of an applicant for a professional position or otherwise assisting an applicant for the profession who is known to be deficient in education, character, or other relevant traits
- Knowingly stating information about a colleague that is malicious and/or false
- Accepting gifts, favors, gratuity, etc., that may either impact professional decision-making or appear to influence professional judgment
And, as is the case with student information, teachers are prohibited from disclosing information about their colleagues learned in a professional capacity unless required by law or permitted by law while simultaneously serving a compelling professional purpose.
Brightline Standards of Prohibited Conduct
Finally, there are certain conduct-related offenses that are so potentially egregious that they are named in the administrative code not just as possible grounds for discipline, but also as offenses that may warrant outright dismissal and a ban from future professional reemployment opportunities. These offenses include:
- Physical or mental abuse of a child
- Abandonment of one’s professional contract absent certain allowable circumstances
- Incompetence
- Willful and/or repeated neglect of one’s teaching duties
- Crimes involving moral turpitude
- “Acts that excessively promote sexuality in light of the educational value of the material and in light of the youngest age of any student with access to said material”
Additionally, the relatively subjective offenses of instructional ineffectiveness are considered prohibited behavior. It isn’t difficult to see how a disgruntled parent, colleague, or member of the community with a bee in their bonnet might feel like filing a complaint related either to a subjective standard or a relatively objective standard sans context could force a truly great teacher into a position wherein they would need to strongly defend their reputation and their right to remain licensed and employable.
Once a Complaint is Filed: What to Expect
Whether a complaint is filed against a teacher employed by the Oklahoma City Public Schools, the Shawnee Mission Public Schools Unified School District, the Norman Public Schools, or any of the smaller districts in the OKC area, it is possible that the conduct at issue could be investigated at the school, district, and state levels.
If a concern reaches the collective ears of the Oklahoma State Board of Education, it may be resolved in a number of different ways. Notably, as this is not the case in most states, Title 210 of the state’s administrative code explicitly allows that “The parties to any individual proceeding may present the matter to the Board or to any authorized representative in informal conference, and upon mutual consent of all parties and of the Board, the matters may be submitted and determined and an order may be issued without resort to formal procedures.” This means that when a teacher is subject to a complaint concerning their professional fitness, a thoughtful response to those circumstances could result in a diplomatic resolution to the situation without the risk and stress associated with a formal hearing open to the public. If an informal hearing results in discipline of any kind, it could be far less consequential than a license suspension or revocation would be. Examples of disciplinary action that may result from an informal hearing situation might include:
- Informal or formal sanctions
- Referral to a substance abuse or anger management program
- Probationary terms or restrictions on one’s professional duties
This is one of the primary reasons why it is so important to secure informed, respected, and capable legal counsel as soon as a teacher has been notified that they’re the subject of misconduct allegations. Proceeding in a calm, supported, and knowledgeable way can better ensure that a process that could otherwise derail a reputation and a career is resolved favorably, discreetly, and efficiently.
In the event that a teacher’s situation is not resolved in a closed-door, informal manner, an educator is entitled to due process if their license is at risk of suspension or revocation. This is not to say that a formal hearing process will either result in revocation/suspension or acquittal. It is possible that the state will impose alternative forms of discipline at the conclusion of a formal hearing. However, the state code specifically empowers teachers with due process rights in the event that their situation could result in licensure suspension or revocation if resolved unfavorably by the Board.
Per state law, an Oklahoma teacher’s license can only be revoked if they are found to have:
- Willfully violated State Department of Education or State Board of Education rules
- Willfully violated state or federal laws
- Engaged in conduct that gives the Board “proper cause” to suspend or revoke a license (Note that violations of the Standards of Performance and Conduct for Teachers detailed at length above may meet this standard)
When allegations against a teacher meet at least one of these criteria, that teacher must be furnished with a copy of the application to revoke their certificate that has been filed with the state. Unless an emergency action applies due to concerns related to public safety, an affected teacher is provided 21 days after being served notice to file their intent to contest the application to revoke their certification. That intent must be submitted in the form of a responsive pleading directly addressing every “numbered paragraph containing a factual allegation.”
If this sounds like an overwhelming and weighty task, know that it is, and know that the Professional License Defense Team at the LLF National Law Firm knows exactly how to formulate a strong defensive response of this kind. It’s important to act immediately, however, as drafting the strongest possible response does take a little time, and 21 days go by fast. In the event that a response is not submitted within this window of time, an affected teacher will be treated as if they’ve confessed to the allegations at issue, unless the Board is successfully petitioned to excuse the delay.
If a hearing is held, affected teachers must inform the Board of their intent to call specific witnesses at least 15 calendar days before their hearing. They are entitled to have legal representation present, provided that their attorney is licensed in the State of Oklahoma. They are also empowered to present relevant evidence, and to receive notice of any facts of which the Board takes official notice.
Legal Assistance Is Available
Teaching in Oklahoma is an honorable calling, although it doesn’t always make for the easiest professional journey. If your alleged personal or professional conduct has led to scrutiny of your license, know that you have very little time to craft a response designed to safeguard your reputation and your career. Know that the committed Professional License Defense Team at the LLF National Law Firm represents teachers across Oklahoma and that we’re ready to help you resolve your situation as diplomatically, discreetly, and efficiently as possible.
It doesn’t matter whether a misstep, misunderstanding, or malice has inspired the complaint that has been filed against you; we can help. Talk to us about your situation today by calling 888-535-3686 or by contacting us online to start working toward a favorable resolution to your circumstances today. We look forward to hearing from you.