Teacher License Defense in the San Jose-San Francisco-Oakland Area

Home to Silicon Valley and some of the most expensive real estate in the country, the Bay Area has become a challenging region for teachers. Teachers in California have to meet some of the country’s toughest requirements to get their teaching license. The area has a teacher shortage, and the majority of teachers cannot afford to buy a house. A considerable portion need side gigs to help buttress their salaries.

As a teacher in the Bay Area, you’re familiar with these realities. Adding misconduct accusations to these challenges can be overwhelming.

You don’t have to face this process alone. The Professional License Defense Team at the LLF National Law Firm works with teachers in the Golden State and nationwide to protect their careers from allegations of misconduct.

Our team helps our clients navigate the process and understand their options. You’ve worked hard to become a teacher. Don’t let accusations of misconduct derail your career. Call us at 888-535-3686 or fill out our online form.

The San Jose-San Francisco-Oakland Metropolitan Area

In the Golden State, the California Commission on Teacher Credentialing (CTC) issues credentials, investigates allegations of educator misconduct, and maintains a public database of all disciplinary action taken against teachers.

Tens of thousands of teachers work in the Bay Area, which is home to some of the state’s largest school districts and some of the best-ranked school districts. In addition to San Francisco and Oakland, these include:

• Berkeley

• Fremont

• Los Gatos-Saratoga

• Mountain View-Los Altos

• Palo Alto

• Piedmont City

• San Mateo

• Sequoia Union

Why San Francisco Area Teachers May Be Disciplined

California teachers can face disciplinary action from the CTC for a wide range of conduct. Some of the common grounds for disciplinary action include:

• Failing to fulfill contract requirements

• Substance abuse

• Abusing students

• Sexual misconduct

• Falsifying records

• Disclosing confidential information

• Criminal convictions

Certain offenses result in an automatic revocation of a teaching license. These include:

• Sexual offense convictions

• Narcotics convictions

• Convictions for any crime listed in Education Code 44424

• A federal or state court finding an individual insane

• A federal or state court finding an individual to be a mentally disordered sex offender

Divisions of the CTC

Two offices in the CTC manage investigations and disciplinary actions against teachers. While they have different areas of focus, the Committee of Credentials (COC) and the Division of Licensure Enforcement work together to investigate alleged educator misconduct and, if necessary, decide on what disciplinary action to take.

The COC’s responsibilities include:

• Evaluating applicants’ moral character and fitness

• Reviewing accusations of misconduct against both current teachers and applicants

• Recommending appropriate disciplinary action to the CTC

The Division of Licensure Enforcement operates as the support for the CTC and COC’s work on educator discipline. The division investigates allegations of misconduct by both current teachers and applicants.

The CTC’s offices are located in Sacramento. The CTC doesn’t require teachers to physically appear before the COC, although all teachers must receive notice of when they will have the opportunity to appear. Given the distance between the Bay Area and Sacramento, teachers should take advantage of their chance to speak with the committee in person.

The Professional License Defense Team at the LLF National Law Firm will, when allowed, attend meetings with our clients. In situations when our clients cannot have an attorney present, we prepare our clients and help them have the tools they need to advocate for themselves.

Reporting Suspected Misconduct

California’s Division of Licensure Enforcement investigates allegations of educator misconduct. This begins when the division receives a report of suspected misconduct.

Superintendents, school districts, charter schools, and members of the public may all report suspected misconduct. Teachers may also self-report.

Who reports suspected misconduct determines how they report. Superintendents and school districts, for example, complete a notification form. Members of the public file a complaint.

The CTC may also start an investigation after receiving information from other government agencies. The Department of Justice, law enforcement agencies, state or federal courts, California state agencies, or other public agencies may all provide information about a teacher that may trigger an investigation.

The CTC may open an investigation if a teacher doesn’t disclose the following:

• Criminal convictions

• Adverse actions

• Denial of any license

• Investigations of any criminal allegation

• A government licensing agency investigating noncriminal allegations of misconduct

If you’re an educator and unsure about when and if you need to report information, contact the Professional License Defense Team at the LLF National Law Firm.

Probable Cause and Disciplinary Action

California only requires a finding of probable cause that the alleged claims against an educator are true to discipline them. After the COC reviews and investigates allegations of misconduct, the committee will make a recommendation to the CTC for what disciplinary action, if any, should be taken against an educator. The CTC votes on whether to pursue the committee’s recommended disciplinary action.

California’s Process for Investigating Suspected Misconduct

After receiving a misconduct complaint about a teacher, the CTC will follow the required procedural steps. Throughout the process, the CTC must respect teachers’ rights. At no point should an investigation or hearing infringe on a teacher’s right to due process and the right to defend against the allegations made against them.

San Francisco area teachers face the following procedural steps after being accused of misconduct:

• Initial review to determine if the initial complaint or report has merit.

  • If the initial allegations are found to be baseless, the CTC will close the case.

• During the preliminary investigation, the CTC will assemble evidence related to the alleged misconduct. Examples include documents and, in some cases, reports from courts or law enforcement.

• A teacher will receive a letter of inquiry if the preliminary investigation finds some evidence of misconduct. A letter of inquiry will include:

  • Notice of accusations of misconduct

  • Reasons for the investigation

  • An educator’s rights throughout the process

  • A request for information on the alleged misconduct

  • A deadline to respond, which is generally 30 days

• A review of collected information is the next step. If the teacher submits any information, it should be included.

  • Investigations may be dropped if the review fails to uncover evidence of misconduct.

• A formal review is similar to a hearing in court. During the review, teachers can present witnesses and defend against the allegations against them. Educators have a right to have legal counsel present.

  • While not required, teachers should plan to attend a formal review with their attorney.

  • Reviews are one of the best opportunities to defend against the accusations. The Professional License Defense Team at the LLF National Law Firm works with our clients to build strong, evidence-backed cases.

• A recommendation follows the formal review. The COC will suggest what disciplinary action should be taken against a teacher or if the case should be closed. The committee submits its recommendation to the CTC.

• The CTC makes the final decision regarding disciplinary action against a teacher.

• Teachers can request an administrative hearing following the CTC’s decisions. They also have the right to appeal any decision to the CTC.

As California uses probable cause for disciplining educators, the CTC isn’t required to 100 percent prove misconduct occurred, just that it was more likely than not that misconduct occurred.

Teachers also shouldn’t assume the agency’s investigation will be complete and thorough. When facing accusations of misconduct, teachers need to be active in defending against the claims made against them.

The Professional License Defense Team at the LLF National Law Firm helps make sure teachers have someone on their side who can help them assemble evidence. We help our clients build evidence-based defenses.

Types of Disciplinary Action

Both teachers and applicants may face disciplinary action from the CTC. Disciplinary action can be minor to serious, and in some cases, individuals may be barred from teaching in California public schools.

The CTC can take the following disciplinary action against educators and applicants:

• Denying an application

• Issuing a private admonition

  • This is a written warning informing an educator that repeating their misconduct could lead to more serious disciplinary action in the future.

  • Private admonitions are confidential, although an educator’s employee will receive a copy.

  • If an educator doesn’t have additional misconduct issues for three years, the CTC must expunge all records related to the private admonition.

• Issuing a public reproval

  • These are similar to a private admonition, except they aren’t confidential.

  • A public reproval is a warning that an educator engaged in inappropriate conduct.

  • If an educator repeats similar conduct, they may face more severe disciplinary action.

• Suspending a teacher

  • Suspensions are temporary restrictions on an individual’s ability to work as a teacher.

  • During a suspension, teachers cannot work in any position that requires a California teaching credential.

• Revoking a license

  • This is the most serious disciplinary action that can be taken against a teacher.

  • Not all revocations are permanent, and some teachers may be able to petition for reinstatement.

Defending against allegations matters because it can result in charges being dropped or in less severe disciplinary action. The Professional License Defense Team at the LLF National Law Firm works with our clients to protect their ability to teach in the Bay Area and throughout California. 

Reinstatement

If the Commission revokes a teacher’s license, educators may apply for reinstatement one year after the revocation went into effect. The CTC will review requests for reinstatement.

Teaching in Other States

A teacher working in the San Francisco area who had their license revoked cannot work in any position in California that requires a teaching license. Other states determine if teachers who have had their licenses suspended or revoked in California can teach in those states.

CTC’s power doesn’t extend to banning a teacher from working in other schools or states beyond the CTC’s power. This includes private schools in California that don’t require a teaching credential.

Factors During Misconduct Investigations

The CTC must follow guidelines during the investigation process. When reviewing the evidence against a teacher, the CTC should consider:

• The nature and severity of the offense

• How the offense relates to teaching

• When the acts or crimes occurred

• The teacher or applicant’s compliance with court sanctions

• Any evidence of rehabilitation

Evidence of Rehabilitation

If an applicant’s previous conduct may affect their ability to become a teacher, they have the burden of proof to show these incidents won’t affect their ability to teach. The state provides some examples of how applicants can provide evidence of rehabilitation and their ability to teach.

Applicants need to show evidence of rehabilitation. This can include:

• A recent, dated letter written by the applicant that describes their rehabilitative efforts and other changes made to prevent future misconduct.

• Letters on official letterheads from individuals such as professional counselors, instructors, employers, probation or parole officers, or others who have knowledge of the misconduct.

• Applicants with a history of drug or alcohol abuse should submit letters from recognized recovery programs and/or counselors verifying the applicant’s current sobriety and how long they’ve been sober.

• Proof of self-improvement efforts.

• Applicants with a criminal record will need to submit certified court orders expunging the criminal record or certificates of rehabilitation and/or pardon.

• Applicants with a history of mental health issues should submit a report from a clinical psychologist on their current health.

• These suggestions can also benefit teachers looking to have California reinstate their license. They can be a foundation for building a case that demonstrates they’re able to return to teaching.

The Professional License Defense Team at the LLF National Law Firm can help applicants and teachers build a case that shows why they should be allowed to teach.

Protect Your Career

If you’re a teacher in the Bay Area, you’ve worked hard to become a credentialed educator. Misconduct allegations can ruin your reputation and years of work.

Navigating California’s disciplinary process can be challenging. When your career is on the line, it can be difficult to know the best way to react and how to protect yourself.

The Professional License Defense Team at the LLF National Law Firm helps demystify the process for teachers. We build evidence-based defenses and advocate for our clients throughout the process. Call us at 888-535-3686 or fill out our online form.