April

INFORMING

8 CEA ADVISOR APRIL 2018

KNOW YOUR RIGHTS

WHAT TO DO IN A DCF INVESTIGATION

Meet fictional second-grade teacher Iva Heart, who has taught in the same school in the South Haven School District for 18 years. Admired and known as a fun, caring teacher, she gets stellar evaluations, and her personnel file contains many letters of appreciation from parents. On a Friday afternoon, her principal called Mrs. Heart into his office for a meeting with an investigator from the Department of Children and Families (DCF). The assigned classroom paraprofessional, who is always in Mrs. Heart’s room, covered her class during the meeting. The principal explained that he’d received a call from a parent alleging that Mrs. Heart screamed at her daughter during a math lesson the day before. The child reported that Mrs. Heart not only raised her voice and abruptly took her papers away when she didn’t answer a question correctly, but also that she refused permission for her to use the bathroom. After learning her daughter was afraid to return to school, the child’s mother called DCF as well as the school. She said her daughter’s best friend, who sits next to her in class,

would corroborate her story. When the principal questioned the other child, she confirmed her friend’s account of what transpired. Mrs. Heart was crestfallen. She had no idea where this allegation came from. She recalled having a math lesson the day before, and when the two girls were talking, she came over and quietly asked them to return to their assignment. She would never yell or a grab a child’s papers, and while she had a bathroom policy in place, she had never denied any child use of the bathroom. Mrs. Heart told all of this to the principal and DCF investigator, and the investigator asked her many questions about her classroom and behavior protocols. The investigator asked for copies of the teacher’s personnel file. Mrs. Heart did not mention that her paraprofessional was in the room with her the entire day, including the time when the girls were spoken to. It can happen to you If you think allegations like the ones Mrs. Heart faced are rare, think again. Over the course of their careers, one in eight Connecticut teachers will be at the center of a DCF investigation, often facing allegations similar to those made against Mrs. Heart. When these investigations happen, says CEA attorney Melanie Kolek, “they are like lightning strikes. “We have received as many as nine separate DCF cases in a single day,” she says. “If you become the subject of a DCF allegation, do not talk to your colleagues or friends about what has happened, even though you may be shocked, frightened for your job, and looking

10 Dos And Don’ts for Teachers Facing Charges or Complaints of Any Kind 1. DO NOT talk to anyone until you have talked to your CEA UniServ Rep. (The same is true if you are called in to answer questions about a colleague’s behavior.) 2. DO NOT discuss the allegations with a DCF investigator before consulting with CEA Member Legal Services. 3. DO NOT make spontaneous responses to charges brought against you. In crisis, it can be difficult to think clearly. 4. DO NOT appear at an accusatory hearing unless you are accompanied by an Association representative. 5. DO NOT attempt to defend yourself alone. 6. DO NOT accept an “opportunity to resign.” 7. DO NOT submit a written statement to your administrator. 8. DO NOT refuse carrying out an administrator’s orders, even though doing so would violate your contract. Your UniServ Rep will advise you concerning exceptions to this rule. 9. DO write down immediately everything that has happened—a narrative including time, date, location, names of involved persons, witnesses, and actual words spoken. Do not submit this written report to anyone until your UniServ Rep has reviewed it. 10. DO keep copies of all correspondence related to the situation.

for moral support. Your first contact should be your UniServ Rep, and your first line of legal defense is CEA Member Legal Services.” Mrs. Heart should have told her administrator that she wanted union representation with her in this meeting if administration wanted to ask her questions, and if DCF wanted to question her as well, they would need to do so at a later date,

with an attorney from CEA Member Legal Services present. Skilled legal counsel would have been able to determine whether an interview with the DCF investigator was advisable or necessary, and to further determine what other or different important information was helpful for Mrs. Heart to share—in this case, that another adult was in the classroom at all times.

One of the many benefits of union membership is that CEA members may receive free legal representation in various employment-related disputes and complaints.