Defense of Educators: Q&A

I have been charged with a crime. What do I do now?  

If a teacher or administrator is charged with a crime, they should immediately retain an experienced attorney familiar not only with criminal defense, but also with the rules for educators. This is because even a dismissed criminal charge can subject a teacher or administrator to serious discipline. Additionally, sealing a record of conviction does not allow a teacher or administrator to escape discipline. Finally, section 3301-20-01 of the Ohio Administrative Code contains numerous absolute bar criminal  offenses that prohibit teachers and administrators from ever obtaining licensure again.

An experienced attorney can advise a teacher or administrator regarding potential disclosure of the charge to their employer, and steps to be taken to minimize and mitigate harm to their career. An attorney versed in both criminal defense as well as educator misconduct is what you should be looking for. 

 Can I resign before my contract expires?

Rule 8 of the Licensure Code of Professional Conduct for Educators prohibits teachers and administrators from resigning before their contract expires without board of education approval. Resigning without board of education approval can subject a teacher or administrator a license suspension of up to one year. If a teacher or administrator does resign without board of education approval, they should retain an experienced education law attorney as soon as possible.

An investigator from the Ohio Department of Education has requested to interview me. Should I do it?

If a teacher or administrator receives a request to interview with an investigator from the Ohio Department of Education, they should immediately retain an experienced education law attorney. The investigative interview is crucial to the outcome of the disciplinary case, as it is the teacher or administrator’s most meaningful opportunity to be heard, and an experienced education law attorney will advise the teacher or administrator to mitigate their conduct or defend the allegation, and to minimize any potential discipline. The potential consequences of this interview are serious, and failure to participate in the interview could be equally as damaging.