When the Pennsylvania Association of Realtors reported that Harrisburg had been named the most livable metropolitan area in Pennsylvania – and the ninth most livable metro in the U.S. as a whole – few of its residents were particularly surprised. Pennsylvania’s capital city, its suburbs, and surrounding communities are widely recognized as comparatively affordable, family-friendly, and community-oriented. Unfortunately, the area’s schools are not ranked nearly as favorably as the community is overall. The Harrisburg City School District, York School District, and Lebanon School District are all currently graded “C-” or lower on Niche, due in no small part to the financial pressure, mental health challenges, and special education resource concerns impacting students and educators statewide. It is of little wonder that many stressed out teachers in this area are forced to grapple with accusations of misconduct from time to time. Mistakes, misunderstandings, and malicious reports from disgruntled people result in allegations of wrongdoing frequently in school districts impacted by a lack of adequate resources and widespread frustration without healthy outlets.
If you are a teacher working in Greater Harrisburg and your Pennsylvania teaching license is at risk due to a complaint filed against you, it is important that you act quickly to safeguard your reputation and your career. Building a solid defense strategy immediately will place you in the strongest possible position to resolve your circumstances favorably. The Professional License Defense Team – which has extensive experience advocating on behalf of the interests of teachers in Pennsylvania – can provide meaningful support and knowledgeable guidance as soon as we’ve been alerted to your situation. Call the LLF National Law Firm today at 888-535-3686 or contact us online to get started.
Common Issues that Inspire Teacher License Concerns
Every profession that requires a license in Pennsylvania is governed, in part, by a state agency that manages that profession’s licensing process. For example, licensure for physicians practicing in Pennsylvania is overseen by the Pennsylvania State Board of Medicine, and licensure for attorneys in the Keystone State is regulated by the Pennsylvania Bar Association. Just as doctors and lawyers can’t lawfully practice their professions in Pennsylvania without a valid license issued by these agencies, public school teachers cannot be lawfully employed in any district in the state unless they hold a valid license subject to the requirements set forth by the Pennsylvania Department of Education (PDE).
When doctors and lawyers are negligent in ways that harm – or have significant potential to harm – their patients, clients, or the integrity of their profession, their licenses to practice may be suspended or revoked by these boards. Even if they do not temporarily or permanently lose their licenses, they may be disciplined in ways that can harm their reputations, future career opportunities, and earning potential. The same is true if the conduct of teachers is called into question by the PDE due to misunderstandings, mistakes, substance-related medical challenges, and malicious reports of wrongdoing that are unfounded.
Anyone, from fellow teachers to disgruntled parents, concerned community members to exes with an axe to grind, is empowered to submit a written complaint against a Pennsylvania school teacher (including both public school teachers and certified private school teachers) to the Department of Education’s Office of Chief Counsel. Common reasons that complaints are filed against teachers include both criminal and non-criminal conduct.
Criminal Conduct
Pennsylvania’s Educator Discipline Act empowers the state to revoke a teacher’s professional certificate if they are convicted of any crime involving moral turpitude, in addition to certain alternative criminal acts. Educators are also subject to scrutiny if they are charged with any other kind of criminal wrongdoing or are charged and acquitted of allegations of serious wrongdoing.
A crime of moral turpitude is broadly defined as misconduct that knowingly violates the “duties which a person owes to his fellow human beings or to society in general” in ways that are considered vile, depraved, or otherwise negatively impact the values of “justice, honesty or good morals.” Reckless or intentional conduct that places others in fear of serious physical harm or actually causes harm is also generally considered a crime of moral turpitude. Most violent crimes, theft crimes, crimes – including child abuse – involving minors, certain drug crimes, false reporting, sex crimes, wire fraud, acts that involve lying and/or fraud, and terroristic threats are all considered acts of moral turpitude.
Non-Criminal Conduct
Even when an educator has not committed a serious act of wrongdoing, however, their fitness to teach can be questioned by the PDE under a variety of non-criminal circumstances. For example, there are certain administrative concerns related to licensure that could warrant scrutiny, including a failure to properly renew one’s license on time or failure to adhere to certain mandatory reporting requirements. In addition, Pennsylvania’s Professional Standards and Practices Commission (PSPC) is empowered to discipline teachers who are found guilty of behaving in ways that the state perceives as immoral, incompetent, impertinent, cruel, or negligent. Setting a poor example for students, lacking self-control, and failing to perform as needed and expected are all examples of conduct that may call a teacher’s fitness to remain fully licensed into question.
Non-criminal conduct allegations are often wholly subjective. The perceptions of an individual who files a complaint are often what primarily inspire the state to investigate a teacher’s conduct. These perceptions may be inaccurate, misinterpretations of fact, malicious, or delusional. It is, therefore, important to respond thoughtfully and calmly to allegations that could potentially lead to discipline. Sometimes, it “simply” takes presenting a strong defense to set the record straight. And even allegations that are somewhat or wholly grounded in reality may still not warrant discipline against a well-meaning, qualified educator when their circumstances are placed in context. Whether mistake, misunderstanding, or malice is the issue of the day, responding to accusations of wrongdoing in informed, strategic ways can lead to a favorable outcome.
What to Expect Once a Complaint is Filed
The Department of Education is required to determine if accusations made against certified educators are “legally sufficient” to warrant additional review. Essentially, a complaint will be investigated by the Department if discipline would be justified if the allegations detailed in the complaint are true. Say that a complaint is filed, alleging that a teacher is giving preferential treatment to boys in their classroom when it comes to a reward system that they’ve initiated. While disturbing, these allegations would not warrant discipline at the state level if true. Yet, if an educator is alleged to be giving preferential treatment to girls in their classroom in exchange for sexual favors – even if the allegations at issue are eventually proven to be demonstrably false – the Department would be required to investigate because those allegations would warrant discipline if true.
Once the Department opens an investigation into alleged conduct, the subject educator of that investigation will be notified. A preliminary investigation will then be conducted to determine if the allegations are supported by probable cause. Many investigations are resolved favorably at this stage of the process, as many complaints aren’t backed up by evidence. One of the primary reasons why it is so important to seek legal guidance as soon as a teacher has been notified that a complaint has been filed is that there are steps that can potentially be taken early on to wrap an investigation up favorably and diplomatically before a situation escalates. Should that occur, the complaint at issue will be dismissed. If not, a full investigation will begin.
At the conclusion of the full investigation stage of the process, the Department may opt to take a few different courses of action:
- Dismiss the complaint if disciplinary action is clearly unwarranted
- Defer any disciplinary action at the state level in favor of sufficient action taken at the school or district level
- Approve of a negotiated settlement
- Escalate the process to a formal hearing that will be adjudicated by the PSPC, once a Notice of Charges has been file
It bears repeating that employing an informed, strategic defensive response from the start can help to increase an educator’s chances of resolving their situation favorably – via dismissal at the preliminary investigation stage, minor disciplinary action overseen by a school or district, dismissal at the full investigation stage, or negotiated settlement – before the risk of a formal hearing escalates.
In the event that a formal hearing is required, a teacher’s reputation and fitness to remain fully licensed will be adjudicated by the PSPC. Their case will be assigned to an independent attorney serving as a hearing officer on behalf of the Commission. The hearing officer’s recommendations will then be forwarded to the Commission so that it can make a final determination. Before the Commission renders its decision, the affected teacher is empowered to appeal any adverse findings in the hearing officer’s report. The Commission can then determine whether it wants to reject, modify, or accept the hearing officer’s report in light of the appeal. Similarly, the final determination made by the Commission generally may be appealed to the Commonwealth Court.
Building a Strong Defense Strategy
If an educator is disciplined, per the terms of a negotiated settlement or as a result of an unfavorable formal determination by the Commission, the PSPC is empowered to impose:
- Fines and fees
- Private and/or public reprimands
- Probationary terms
- Restriction, suspension, or revocation of a teaching certificate
The terms of a negotiated settlement may also address a variety of options preferable to suspension or revocation of a license, including referral to an anger management or substance abuse program.
The Commission is obligated to impose discipline consistently and with an eye toward mitigating or aggravating factors. The state’s website insists that “the Commission strives to ensure that similar violations result in similar outcomes and that the sanction or combination of sanctions that it decides to impose is both sufficient and no more than is necessary to achieve the purposes of sanctions.” With that said, the members of the Commission are human, complete with conscious and subconscious biases that may influence their decision-making in any number of ways. For example, their sense of how severe any particular allegations may be could differ significantly based on their perceptions of the events surrounding the conduct at issue. They could be more or less likely to rule unfavorably if a teacher has demonstrated remorse or maintained their innocence. Preparing a defense that takes all x-factors into account can place an educator in the strongest possible position to remain certified, with a strong reputation intact.
If a teacher’s situation is not resolved favorably prior to a negative final determination by the Commission (or an unfavorable appeal determination by the courts), that educator’s reputation, financial stability, and career aspirations could be permanently impacted for the worse. As the outcome of the complaint investigation and adjudication processes is so consequential, it is necessary to seek legal guidance as soon as a complaint is filed.
Legal Assistance Is Available
If you are a teacher doing your best for the students of Harrisburg, York, Lebanon, or the surrounding communities, you deserve strong legal support in the face of any allegations that could be perceived as professional or personal misconduct. The dedicated Professional License Defense Team at the LLF National Law Firm represents teachers across Pennsylvania and the U.S. Our experience, strategic insights, and client-focused approach can place you in the strongest possible position to defend your teaching license as efficiently, effectively, and diplomatically as possible under the circumstances.
There are a number of reasons why a mistake, misunderstanding, or malicious targeting effort could be impacting your reputation, livelihood, and career. Regardless of why you need a strong legal advocate, know that our team is ready to start protecting your rights and interests immediately. Talk to us about your situation today by calling 888-535-3686 or by contacting us online to get started. We respect you as a teacher and as a human being. It will be our privilege to work with you as you navigate this challenging turn of events. We look forward to hearing from you.