Dec-20-Jan-21-Advisor

DEFENDING

DECEMBER 2020 - JANUARY 2021 CEA ADVISOR 11

DCF ALLEGATIONS TURN TEACHER’S LIFE UPSIDE DOWN; CEA GETS CASE OVERTURNED

CEA INYOUR CORNER

With a career spanning more than 30 years in schools serving diverse students, a veteran elementary school teacher received the surprise of her life when a district where she’d formerly taught invited her to a recognition dinner and ceremony. The occasion? A graduating high school senior chose her as the most influential teacher he’d ever had. “He was my student at a very young age, and I was thrilled to hear I had made such an impact on him,” she says. “When something like that happens, not only is it heartwarming but it truly reinforces why I went into the profession.” Later, however, the same teacher was hit with another surprise—a shockwave that turned her life and career upside down. She found herself at the center of an investigation by the Department of Children and Families. “I arrived at school one morning and was not allowed into the building,” she recalls, adding, “I had no idea why.” She was stopped at the door by her school principal. “She said, ‘Let’s take a walk,’ and led me to her office, where there was another administrator. I was told I was being placed on administrative leave. Thankfully, my building’s union representative was by my side and walked me out to my car afterward. I was hysterical. Parents were emailing me to ask if I was OK. They had no idea why I was no longer in the classroom, and I didn’t have any answers.” In cases involving DCF, teachers and their union representatives and legal counsel are often given little or no information about the allegations—and therefore little or no way to prepare or respond. Almost two months passed, with the teacher missing her students’ end-of-year celebrations, before she learned that someone who worked at the school—a newer employee who had no prior experience in a school setting—had accused her of mistreating students. She faced ten counts of emotional and physical neglect, and the police were now involved. “It was a horrific situation,” she recalls. “When I read the DCF investigator’s case against me, I was stunned. Not only did I have an excellent rapport with my children but also their families. My relationships with everyone were always very positive—students, administrators, colleagues, social workers, and other school staff—so imagine my shock and disbelief.” CEA Member Legal Services

paraprofessionals testified. A custodian who frequently cleaned and visited the teacher’s classroom on her breaks and told her, ‘I can’t wait for my child to be in your classroom someday’—she came out and testified.” DeLucca notes, “Our teachers are not just clients. Our legal team invests so much in CEA members and their cases. You have their lives and their livelihoods in your hands. This teacher can now finally seek a job without the DCF substantiation hanging over her. She was removed from the DCF registry because we appealed that decision at the highest level.” “I’m telling my story so that all teachers in Connecticut know the value of their union,” the veteran teacher says. “I used to look at my paycheck and wonder why I needed to pay my dues, and boy, did I find out the hard way. It’s insurance you have and hope you’ll never need— but you never know. I sure didn’t. When I was going through this nightmare, it was extremely reassuring to know I had CEA’s legal team by my side supporting me, believing in me, and keeping me from giving up in the face of false accusations and allegations. They were phenomenal. Now I can focus on my career again. I miss seeing those light bulb moments my students had and the love I felt every day in the classroom.” Smith adds, “I find great pleasure working on behalf of our teachers. It takes patience, persistence, heart, and great attention to detail, but they are worth it. That’s exactly what they give to their jobs, and it’s what we give them in return.” YOU’RE FACED WITH A DCF ALLEGATION Contact your CEA UniServ Rep immediately. To find your UniServ Rep or to learn more about legal protections cea.org/legal-services. You will need your CEA membership ID number (found on the mailing label of your CEA Advisor ) to access this information. available to CEA members, go to WHAT TO DO IF...

CEA legal counsel Adrienne DeLucca

CEA paralegal Amber Smith

began the lengthy process of fighting the allegations and clearing the teacher’s name. This would prove no easy feat. Playing hardball The DCF investigator, it turned out, used aggressive tactics, says CEA legal counsel Adrienne DeLucca. Teachers who found themselves at the center of his investigations feared him. “Many teachers think this will

exemplary rating.”

Still, the DCF substantiation meant that the State Department of Education would begin the process of revoking her teacher certification— until DeLucca stepped in. Explaining that she was in the midst of appealing, she urged the agency to hold the revocation in abeyance— and they did. Because of false allegations and an overzealous investigator, however, she was forced to resign, and her reputation was destroyed. “For two years,” says DeLucca, “her life was ruined.” Case dismissed In the end, CEA’s dogged defense of this longtime member paid off: the case was overturned. After sitting in on forensic interviews with the children at the center of the case, the police involved ultimately dropped the case and told the teacher, “We hope to hear that you’re back in the classroom soon.” DCF hearing officers, all ex-trial lawyers, reversed all 10 charges against the teacher and immediately took her off the DCF registry. “We won because we were able to fight back against an investigator who tried every strategy possible to paint this teacher in a negative light,” says DeLucca. “We had marathon prep sessions with our teacher, eight or nine of them each lasting six or seven hours, so she was ready to respond to every allegation over a three-day virtual trial.” “It was hard, the work that I had to do, but it was worth it,” the teacher says. “While Adrienne gathered witnesses, she prepared me for what to expect at the trial, having me write rebuttals to every single statement. She worked tirelessly on my behalf and patiently responded to my numerous texts and calls, even though I know she and her team were also helping and representing other teachers. When this is happening to you, and no one ever thinks it will, you’re desperate to have someone by your side, protecting you. I’m grateful to Adrienne, Amber, and everyone at CEA who worked on my case.” “We prevailed because we also took the time to identify multiple star witnesses, including parents who took time off from work to testify on behalf of our client,” DeLucca says. “One of her longtime

“Many teachers think this will never happen to them. Some even question whether they need to belong to a union, but these cases come up more often than most people would think. Even the most experienced teachers can lose confidence, question themselves as professionals, and want to hide in their homes when this happens.” CEA legal counsel Adrienne DeLucca

never happen to them,” DeLucca says. “Some even question whether they need to belong to a union, but these cases come up more often than most people would think. Even the most experienced teachers can lose confidence, question themselves as professionals, and want to hide in their homes when this happens. They go from a fulfilling career that defines them to feeling like they’ll never teach again. It doesn’t help that in cases like this, investigators can play Texas hold ‘em and not tell you or your union reps what the actual charges against you are—so you don’t even know what you’re facing or how to prepare.” But prepare is exactly what DeLucca and her team, including paralegal Amber Smith, helped the teacher at the center of the investigation do. For starters, Smith created a detailed flow chart documenting all allegations and responses—a chart that illustrated numerous inconsistencies and contradictory stories. “Amber did an excellent job of showing how the stories changed and were all over the place,” the teacher recalls, “to the point where the integrity of the investigation had completely degraded. I had always had stellar evaluations. There was nothing ever in my personnel file— never a complaint from a parent and never anything less than an