A South Carolina teacher accepted a one-year suspension after a Breathalyzer test recorded a blood alcohol level of .06. She took this test after “slurring her speech” and “appear[ing] drowsy” during a school day.  

The teacher had no prior disciplinary history and was placed on leave. She subsequently resigned and waived her right to a hearing. The South Carolina Board of Education suspended her license for one year. 

Students and parents should trust teachers and school staff to provide a safe, educational environment. At the same time, not all disciplinary action involves school safety, and teachers have a right to defend themselves and be active participants in the investigation and hearing process.  

The Lento Law Firm Professional License Defense Team works with teachers nationwide to defend their licenses and careers. We help our clients understand their options and choose a legal path that best fits their life and their circumstances. Call us at 888-535-3686 or fill out our online form. 

Use Your Options 

In the South Carolina case, the teacher waived her right to a hearing and accepted the disciplinary action. This option deprived her of her ability to state her case and explain her actions. 

While each state or board will likely have specific procedures, the disciplinary process generally follows the same basic format: 

• Accusation 
• Investigation 
• Hearing 
• Appeal 

A hearing or other due process opportunity allows you to explain your actions, provide evidence, and defend your actions. You may be able to get a lesser disciplinary action or avoid disciplinary action. 

Those who have been accused shouldn't assume an investigatory body has all of the relevant evidence or is considering that evidence in context. Investigators may not be impartial or may want to make an example out of you. That's why teachers facing disciplinary action need to be active throughout the process. 

Build Your Case 

Teachers shouldn't accept disciplinary action just because of evidence against them, especially if they know that evidence isn't accurate. Alcohol isn't the only thing that can result in a positive reading for a Breathalyzer test. Some medications can also register a positive reading. Allegations may exaggerate a teacher's substance use. An investigation may cherry-pick information and not consider the whole situation or the context.  

Having a license suspended or revoked can potentially show up on background checks, or a future employer may ask about employment history. In other words, a teacher who accepts a suspension or termination of their license doesn't walk away with a clean slate.  

Disciplinary action can follow a teacher even into other professions and industries. That's why it's so important that teachers facing charges use the avenues available to them to assemble evidence and build a case. Even if a teacher believes there is some truth to the charges, they may still be able to get a lesser disciplinary action.  

Protect Your Future 

If you've been accused of misconduct, you don't lose your right to defend yourself or fight the charges against you. You have the right to an impartial hearing and to present your evidence. An accusation isn't a fact, and a proposed disciplinary action may not fit the misconduct. 

The Lento Law Firm Professional License Defense Team works with teachers nationwide. We fight for our clients' rights and help them navigate the process. Call us at 888-535-3686 or fill out our online form.