May-June Advisor 2021 web

PROTECTING

8 CEA ADVISOR MAY – JUNE 2021

CEA VICTORY FOR TEACHER FALSELY ACCUSED professionalism and commitment to the safety, welfare, and best interests of his students. Colleagues described him as extremely active in planning and working to create an atmosphere of respect and well-being for all students. student, especially one who is struggling. Fortunately, we are there to extract the truth. I represent our teachers wholeheartedly and

REVERSED. That was the decision handed down after a teacher was falsely accused of inappropriate behavior by a student, with a finding of emotional neglect substantiated by the Department of Children and Families. The educator, a longtime coach and physical education teacher, was stunned at the student’s allegations—which he unequivocally denied—and further devastated by the DCF substantiation. With CEA’s legal team by his side, he fought back. Hearings held this spring found that the agency’s decision to substantiate the findings were not supported by the record—and thus, the decision was reversed. “This was an important victory for a CEA member who was wrongfully accused,” says CEA attorney Rebecca Mitchell, who tried the case. “Unfortunately, cases such as these are more common than many might think, and without the benefit of strong legal representation, educators are vulnerable to accusations that can damage their reputations and end their careers.” Making the case Like many educators who face false accusations, the teacher in this case had always received positive evaluations and had been recognized with numerous statewide education awards and grants. He was widely praised for his

The student at the center of the case had struggled in school and suffered from anxiety. She was enrolled in school-based therapy to address her anxiety, and her school counselor worked with her physical education teacher and others to help her. Over time, the student began seeking out her P.E. teacher throughout and after the school day—a pattern that made him increasingly uneasy. Eventually, the student reported her teacher for alleged behaviors that she said made her suddenly fearful and uncomfortable, including inappropriate touching. She claimed an incident was captured on video and witnessed by a classmate. No video surfaced, however, and during three separate interviews, inconsistencies emerged in the student’s story. Dates and details changed, and classmates and teachers were unable to corroborate the claims. “Unfortunately, students sometimes make false allegations,” says Mitchell. “Our teachers are so nurturing and supportive, the last thing they want to do is call out a

can really dig into any mischaracterizations made by students or parents and zealously advocate for our members, bringing to light their true intentions and actions.” Aside from examining inconsistencies and other findings of fact, Mitchell also prepares for DCF hearings by talking to those in a position to offer credible evidence. “Many, many teachers stood up and

Clockwise: CEA legal counsel Rebecca Mitchell (standing), Melanie Kolek, and Adrienne DeLucca.

student always seeking him out. That also contradicted the student’s allegation of feeling fearful of the teacher.” Mitchell adds, “With the help of fellow educators who spoke up, together we cleared this teacher’s name. This win was a great example of teachers standing in solidarity in the face of an injustice. It was very powerful. We were very happy to have this DCF decision reversed.”

testified for this teacher, and that made all the difference,” she says. “All of them denied ever seeing the teacher behave in an inappropriate manner with any student, and several testified under oath that they observed the student in this case looking to find this teacher on repeated occasions. Colleagues recalled the teacher raising concerns with their unified arts team about the

WOULD YOU KNOW WHAT TO DO?

For Teachers Cleared of DCF Charges, CEA’s Legal Team Ensures a Speedier Return to the Classroom

a student who recently returned to in-person instruction after learning remotely. The teacher was put on paid administrative leave during the investigation. “In our experience, this process could have taken a month or even two to investigate and get a disposition,” she says. From start to finish, however, it took only 12 school days for the DCF investigating social worker to reach out, conduct interviews of the alleged victim, other witnesses, and the teacher, and inform the district that the case was being unsubstantiated. A CEA UniServ Rep kept in close contact with the district about where things were in the process, and the teacher’s return to the classroom was made a priority. “When a teacher becomes the subject of a DCF investigation, their district will customarily put that educator out on paid administrative leave until the investigation has been completed,” says CEA legal counsel Rebecca Mitchell. “As anyone can imagine, this creates a great deal of anxiety for a teacher who has to sit and wait for the investigation results. Recently, the process has been much better—expedited, and with ongoing communication. In many cases, DCF investigators are able to call or email the district’s human resources to inform them that the teacher’s case is being unsubstantiated, which saves many days pending the official notification. Both the school districts and CEA Member Legal Services find this communication extremely helpful. We attribute this wonderful change to the EPIU that DCF put together and our continued communication with them about our process. It’s a great example of how CEA supports our members one-on-one but also works behind the scenes with agency heads and elected officials to shape positive change for our entire membership. This is a great example of how we are stronger together.”

In the past, when an educator was falsely accused of abuse or neglect, it sometimes took months for a DCF investigation to clear the way for that teacher’s return to the classroom. “Imagine being pulled away from your students, your colleagues, and the work you love,” says CEA legal counsel Melanie Kolek. “Now imagine not knowing how long it might be before you can return. Picture the possible outcome of the investigation varying widely— depending on the particular DCF investigator handling your case, possibly with different parameters of judging whether or not a teacher was at fault.” That’s often how it was in previous years, and it’s why CEA has worked diligently with Connecticut’s Department of Children and Families to ensure better, consistent practices that put an end to prolonged absences from the classroom, divergent investigative procedures, and unpredictable outcomes. “We had open, honest dialogue with DCF leadership about these issues and the impact they were having on our members and their students,” says CEA attorney Adrienne DeLucca. “These were candid and necessary conversations we initiated many times in the past, but it wasn’t until a change in the agency’s leadership that we were able to make the kind of progress our members needed.” DCF recently established an Education Professional Investigation Unit (EPIU) with ten investigators who received specialized training in school-based investigations. Centralized supervision and management has led to more consistent procedures, responses to allegations, and findings. Communication is more transparent, and streamlined protocol means that school-based investigations are completed more quickly. Kolek gives the example of a teacher who was accused of inappropriate interaction with

If you find yourself—or a colleague—at the center of a possible DCF investigation, call your CEA UniServ Rep immediately. Refrain from discussing allegations with anyone until you have spoken to

your UniServ Rep or CEA attorney. In DCF investigations, you have no immunity in court, and any information you have heard or shared could have legal consequences.

CEA’S LEGAL TEAM IN YOUR CORNER

CEA’s legal experts are available to members—at no cost— for assistance with a wide range of issues that impact your career.

• DCF investigations • Statutory terminations • Unemployment

• Workers’

compensation • Licensure issues • Unfair labor practices

If you need assistance with any of these issues, reach out to your local president or your UniServ Rep.

CEA offers free Teachers and the Law workshops for members. Contact your local president or UniServ Rep.