Dealing with Accusations of Child Abuse and other Misconduct
1. Contact the VEA office immediately. We can provide you with valuable advice and assistance. The VEA office can begin an investigation, help you determine if the matter is being treated as a criminal offense, refer you to an attorney, and help you get association representation during any meeting with administration, parents, or complainants about the accusation.
2. If “adverse action” (discharge, non-renewal, suspension without pay) is threatened, the VEA office must be notified. The VEA staff will determine when to call the WEA General Counsel’s office to request a WEA-paid attorney. Before a member consults the attorney assigned by the WEA General Counsel, the member, local leaders, or VEA staff must provide the assigned attorney with all of the information that they have obtained from investigation of the allegations.
3. Guidance provided by VEA can include:
a. Emotional support. Educators accused of child abuse are devastated. Members may support their colleagues in this situation but within the confines of an active investigation where there will likely be a no contact order issued. Remember, in America a person is innocent until proven guilty. Members must be encouraged not to treat an accused member as a pariah.
b. Rumor control. Refrain from making judgements or assumptions until after all facts have been disclosed.
4. You should immediately determine if the allegation is being treated as a criminal offense. The safest course is to assume any child abuse or sexual misconduct allegations likely will be treated as a criminal offense. Additionally, allegations concerning misuse of school district or student money may be treated criminally. Sometimes allegations of drug and alcohol use, possession, or distribution are also treated criminally. WEA’s legal defense program does not cover criminal matters.
5. If there is any possibility that the allegation will be treated as a criminal offense, the accused person should contact an attorney who is experienced in criminal law immediately. The lawyer can advise you on all aspects of the investigation and defense. WEA’s Educator’s Employment Liability (EEL) insurance policy may provide remuneration of legal fees if the charges are not substantiated. The insurance company does not pay attorney’s fees until after the case is over. Contact VEA for assistance in filing an EEL claim. WEA’s Legal Defense program does not cover criminal matters. Before you enter a plea or make any admissions, your criminal attorney may consult with an WEA attorney about potential impacts on employment rights.
6. If there is any possibility that the allegation will be treated as a criminal offense, do not discuss the allegations with anyone except your attorney and family. Do not answer any questions without the presence of your attorney. The VEA Executive Director may be consulted. Other VEA leaders should receive no additional information beyond the following: What the accusation is, Who the accuser is (redacting names of students), What action the district, parents, police, etc., have taken or indicated might be taken, and Names of any witnesses to the incident and/or persons with whom you discussed the event. Do not resign until you’ve conferred with the VEA Executive Director.
Handling Media and Public Attention
Public interest surrounding allegations that an educational employee has abused a student is very high and the media and community often become involved.
It is important to establish a positive climate through a credible and compassionate voice to the public. Our major goal is to always let the community know (through the media) that members of the local association are concerned about the welfare of all students, while also being committed to ensuring that members have due process.
The way we handle things in a crisis determines not only our public image, but can also affect the way future allegations are handled and perceived. It also establishes our ability to positively affect the media in other situations.
VEA office staff should be contacted immediately upon learning of any accusation against a member. The association’s focus is to assure due process for accusations involving members.
- Educational employees are vitally concerned about the welfare of all students. Because we have chosen to devote our professional lives to working with young people, we feel a special responsibility to help ensure that they are treated appropriately.
- We are also concerned that the American system of justice is upheld and that every individual is afforded his or her due process rights.
- It is the district’s responsibility to conduct the investigation – not the Association. The VEA Executive Director will be updated at the District’s discretion as to progress with the investigation.
- Any kind of abuse of any student by anyone is abhorrent, but a member is innocent unless (not until but unless) proven guilty.
- All VEA members are mandatory reporters, including site based and elected representatives.
Certificate Discipline
The certificate of any teacher may be revoked or suspended by the Superintendent of Public Instruction. Any school district or educational service district superintendent may initiate revocation and/or suspension of certification on the grounds of a lack of good moral character or personal fitness or acts of unprofessional conduct. Violation of written contact, intemperance and any crime against the laws of the State of Washington also constitute grounds for revocation or suspension of a teaching certificate. Revocation is mandatory for a guilty plea or conviction in a crime against a child. RCW 28A.410.090.
Those who hold certificates are also subject to a continuing requirement of good moral character and personal fitness under WAC 180-86-014. WAC 180-06-013 defines good moral character as:
1. No guilty plea or conviction in any state or country of any felony involving child abuse.
a. Physical Neglect of a child.
b. Physical injury or death of a child (except motor vehicle violations).
c. Sexual exploitation of a child.
d. Sexual offenses where a child is the victim.
e. Promotion of child prostitution.
f. Sale or purchase of a child.
2. No conviction of any crime within the last 10 years, including motor vehicle violations, which would materially and substantially impair worthiness and ability to serve as a professional within the public and private schools of the state. The following factors will be considered:
a. Age and maturity and the time the criminal act was committed;
b. Degree of culpability required for conviction, mitigating factors;
c. Classification of crime and seriousness of harm to person’s property;
d. Criminal history and likelihood crime will be repeated;
e. Permissibility of service as educator within terms or probation or parole;
f. Proximity or remoteness in time of the prior criminal conviction;
g. Evidence offered which would support good moral character and personal fitness;
h. Effect on education profession;
i. The certificate holder has the duty to provide evidence regarding the above factors.
3. No Serious behavioral problem which endangers the educational welfare or personal safety or students, teachers, or other colleagues.
4. No intentional practice within Washington with an expired, lapsed, surrendered or revoked certificate.
Various other regulations define “Unprofessional conduct:”
1. WAC 180-87-050: misrepresentation or falsification in the course of professional practice. This includes any deliberate misrepresentation, including the omission of a martial fact in:
a. Statement of professional qualifications
b. Application of recommendation for employment, promotion, certification, or endorsement
c. Application or recommendation for college admission, scholarship, etc.
d. Representation of completion or inservice or continuing education hours.
e. Evaluations or grading of student or personnel
f. Financial or compliance reports submitted to a government agency
g. Information given to SPE in the course of an official inquiry re: good moral character, personal fitness or unprofessional conduct
h. Information submitted in an investigation by police or CPS regarding school-related criminal activity
2. WAC 180-87-060: disregard of recognized professional standards. This means flagrant disregard or clear abandonment of generally recognized professional standards during:
a. Assessment, treatment, instruction of students
b. Employment or evaluation of personnel
c. Management of money or property
3. WAC 180-87-065: abandonment of contract is defined as permanent abandonment, without good cause, of employment contract, including extra curricular contract.
4. WAC 180-87-070: unauthorized professional practices includes these acts if performed without good cause:
a. Intentional employment of uncertified personnel.
b. Assignment of any responsibility in nursing, physical therapy, or occupational therapy to one not licensed.
c. Practice during suspension of certificate.
d. Failure to obey agreement not to accept employment
e. Failure to obey any condition of an order or decision.
f. Good cause includes exigent circumstances to protect health, safety, general welfare of students.
5. WAC 180-87-080: sexual misconduct with students. Includes any sexually explicit act with a student. WAC 180-87-040 defines a student as:
a. Under supervision of educational practitioner, or
b. Enrolled in any school or district served by educational practitioner, or
c. Enrolled in any school or district while attending school related activity at which educational practitioner is performing professional duties, or
d. Former student under 18 who has been under supervision of education practitioner.
6. WAC 180-87-085: furnishing alcohol or controlled substances to students.
7. WAC 180-87-090: improper remunerative conduct which is deliberate act requiring/pressuring students to buy anything from educational practitioner.
8. WAC 180-87-095: failure to file complaint by superintendent, ESD superintendent, when (WAC 180-86-110) superintendent or ESD superintendent has “sufficient reliable information to believe that school employee is not of good moral character, or personally fit, or has committed an act of unprofessional conduct,” such superintendent within “reasonable period of time: shall file written complaint with SPI. If considering discharge, need not file complaint until 10 days after issuance of notice of discharge.
9. WAC 180-87-055: use of alcohol or controlled substances is unprofessional conduct under these circumstances:
a. Acting under the influence on school premises or during a school-sponsored activity following:
- Notice by employer of concern regarding alcohol or substance abuse affecting job performance
- Employer recommendation to seek counseling
- Reasonable opportunity to obtain counseling
b. Possession or use on school premises or at a school-sponsored activity of controlled substances without a prescription.
c. Consumption of alcohol on school premises or at a school-sponsored activity involving student if contrary to district or building policy.
