After a Skelly hearing concludes, many California teachers are left wondering what comes next. Whether the district upheld the proposed discipline, modified it, or moved forward with termination, the outcome can leave you feeling discouraged.
However, a Skelly hearing is not always the end of the road. You have options for recourse, as well as legal rights, after discipline is imposed. Time is of the essence, and you need to move quickly to exercise those rights.
What Happens After a Skelly Hearing?
A Skelly hearing gives California public employees the opportunity to respond before serious disciplinary action is taken against them. The hearing process is commonly used when public teachers are facing discipline.
After reviewing your response, the district will issue a final disciplinary decision. That decision may include:
- Suspension
- Demotion
- Written disciplinary action
- Reduction in pay
- Termination
In some cases, the district may reduce or withdraw the proposed discipline after hearing your response. However, if the district gathered enough evidence to schedule a Skelly hearing, there’s a good chance you’ll be facing at least some form of disciplinary intervention. In that case, you may still have a right to appeal the final decision.
Review the Final Decision Carefully
Before taking any further action, review the district’s final notice of discipline. The written notice will contain vital information, such as:
- The discipline imposed
- The stated reasons for the decision
- Any findings of fact that were relevant
- Deadlines for appeal
- References to district policies or collective bargaining agreements
If you miss the appeal deadline, you could forfeit your right to contest the discipline. Keep the notice you received, as well as any copies of evidence presented during the investigation. These documents will be crucial when preparing an appeal and contesting the discipline levied against you.
You May Be Able to File an Appeal
Many California teachers have the right to challenge disciplinary decisions through an administrative appeal process. Depending on the district you work in and the CBA terms in place, you may be entitled to:
- Evidentiary hearings
- Arbitration
- Administrative review proceedings
Whereas the Skelly hearing is a pre-disciplinary process, these post-disciplinary hearings are more formal. You’ll typically have an opportunity to present evidence, call witnesses, and make legal arguments to support your stance.
If you win your appeal, it could result in:
- Reduced discipline
- Reinstatement
- Back pay
- A settlement agreement
- A reversal of the findings against you
These proceedings can become legally complex, which is why many teachers hire professional license defense lawyers to represent them.
Union Representation May Help
If you are part of a teacher’s union in California, you can turn to the union and your local reps for support. Depending on the strength of your collective bargaining agreement and the unique circumstances of your case, your union representative may be able to:
- File a grievance
- Assist with arbitration
- Represent you during the hearing
- Negotiate a settlement with the district
While a union representative can be an invaluable source of support during and after your Skelly hearing, some matters are too complex for them to handle alone. In those circumstances, you may also need the support of an attorney.
When in Doubt, Hire a Credential Defense Lawyer
One of the most overlooked consequences of school discipline is the potential impact on your teaching credentials. Your district will report serious allegations or disciplinary actions to the California Commission on Teacher Credentialing (CTC).
Depending on the nature of the allegations, the CTC may launch a separate investigation to determine whether you are fit to hold your credential. Examples include allegations involving:
- Misconduct
- Substance abuse
- Boundary violations
- Criminal conduct
- Dishonesty
Even if the disciplinary issue is resolved after your Skelly hearing, the CTC can continue with its credentialing investigation. A credential defense lawyer can protect your rights and reputation during the CTC’s investigative process.
Consider Settlement Agreements
Not every case proceeds through a lengthy series of appeals and hearings. In some situations, you or your union representative may be able to negotiate a settlement agreement to resolve the dispute. For example, you may be allowed to resign in lieu of termination.
For less severe matters, you may be asked to complete retraining and agree to a short suspension. Before you agree to a settlement, carefully weigh all of your options. You should discuss the settlement with your union rep and potentially with an attorney. Just because you settle does not mean you will be exempt from CTC disciplinary action.
Be Prepared for a CTC Hearing And Other Consequences
After a Skelly hearing decision, it is natural to focus on the immediate discipline. However, you should also consider how the hearing and outcome can impact your future employment prospects. Be prepared for the CTC to launch an investigation into your credentialing status.
You should also consider how the hearing could impact your professional reputation with coworkers and parents. In a profession like teaching, your reputation is everything.
When to Hire an Attorney
You should hire a credential defense lawyer if the accusations you are facing could result in termination or a revocation of your credentials. An experienced attorney can provide guidance on your next steps, help you file an appeal (if practical), or escalate the matter to the CTC as needed.
Having the right person in your corner can impact the rest of your career when the stakes are high.
Partner With Unlock Legal
Once a Skelly hearing has concluded and the district has made a disciplinary decision, you may still have options available. However, the sooner you bring in a professional license defense lawyer, the better. Hiring an attorney early in the process gives them more time to gather evidence and build a defense plan on your behalf.
Unlock Legal and our experienced team of attorneys focus on providing professional license defense services across the state of California. Our dedicated lawyers understand the work and time you’ve devoted to obtaining your professional license, and we are here to fight for your reputation.
Are you ready to schedule a consultation? Contact Unlock Legal to get started.