Sharon Louise Benson, a South Carolina elementary school teacher, faced a challenge many teachers know all too well: a sleeping student. Frustrated, she slapped the student twice to wake them up, knocking them out of their seat and causing their head to strike the floor.
School officials reviewed security camera footage of the incident and placed Ms. Benson on administrative leave. She resigned a few days later.
Had she not resigned, the teacher likely would have faced an investigation by the state's licensing board and disciplinary action — including, possibly, suspension of her teaching license. Any teacher dealing with allegations involving physical contact with a student should contact the Lento Law Firm's Professional License Defense Team for help. Call us at 888-535-3686 or send us a message online so we can get to work protecting your teaching career.
The Swift Response of Licensing Boards
As soon as they become aware of an incident like the one in South Carolina, school district authorities will notify their state's licensing boards, triggering an investigation and initiating an administrative review of the allegations.
While the adjudication process of a licensing board is similar to the processes in criminal and civil cases — both adhere to rules of due process, hold hearings, and can rely on witness testimony, for instance — they're different in important ways. One of these is the standard of proof for making a determination: licensing boards require only a preponderance of evidence rather than proof beyond a reasonable doubt.
Potentially Career-Ending Sanctions
State boards play a significant role in controlling teaching careers because they recommend actions that can substantially impact an educator's career for several years or even decades.
They have a number of sanctions at their disposal:
- Immediate temporary suspension
- Mandatory ethics training
- Supervision requirements
- Full license revocation
- Permanent record notations
Because disciplinary records follow educators across state lines, these sanctions can create lasting barriers to employment.
Interstate Consequences for Teaching Licenses
The incident in South Carolina could be the slap heard around the world — or at least throughout most of the U.S. As soon as they discipline a teacher for violent physical contact with a student, state licensing boards share that information with all of the member states of the National Association of State Directors of Teacher Education and Certification (NASDTEC).
What this means is that, for example, when Texas revokes a teacher's license according to its rules prohibiting corporal punishment, every other state board that is party to the agreement learns of the action. If that teacher applies for a teaching license in New York, which defines corporal punishment as child abuse, that state's board will see the Texas revocation on their record. The application is likely going to be dead on arrival.
Protecting Your Teaching Future
The Professional License Defense Team at the Lento Law Firm understands this complex landscape. If you've been accused of striking a student, we'll investigate the allegations against you, prepare a detailed response to your licensing board's claims, and provide evidence showing your your commitment to professional standards.
Contact our team today by calling 888-535-3686 or sending us a message online. We're here to help!
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