How Schools Decide If A Boundary Was Crossed

Teachers and administrators have behavioral standards for many reasons. Some professional boundaries implement hard-and-fast rules. However, most professional boundaries outline a code of ethics instead.

These types of boundaries can be difficult to enforce. Boundaries are sometimes unclear or may include exceptions. More importantly, the school will need evidence that proves or suggests that the boundary was crossed before taking action. Below, learn how schools decide whether a boundary was crossed and, if so, the steps you can take to disprove the allegations in your teaching certificate defense.

What Is a Professional Boundary for a Teacher?

The professional ethics code is meant to protect students and educators. Specifically, the boundaries that pose the greatest risk to teachers and their students include the interactions and relationships that can lead to rule or policy violations, even if the boundary itself is broader than the rule. Healthy boundaries help teachers understand what is expected of them while protecting students in the learning environment.

For example, a behavioral standard might advise teachers to refrain from giving students rides. In many cases, the student might have a legitimate need for transportation, and the teacher might have fully innocent motives. However, doing so exposes the child, teacher, school, and district to misinterpretation and allegations. Even if the allegations are unfounded, they can harm the reputations of everyone involved.

Professional boundaries should be clear. However, even when the reasons are apparent, the inherent limitations of language can make the boundary fuzzy. Moreover, sometimes those who write standards contemplate situations that would be outside the intended scope of the boundary. As a result, the standard includes exceptions, making it unclear in situations that push the boundary. Teachers may set appropriate boundaries, but determining whether certain boundary-crossing behaviors actually violate a professional standard can still depend on the circumstances.

When Are Professional Boundaries Violated by Teachers?

It’s not always clear when a boundary has been violated. Whether a violation occurred could depend on the following factors:

• The teacher’s actions and intent
• The outcome of the teacher’s actions
• The student’s actions and intent
• How the standard is phrased
• Whether the standard includes exceptions

Whether a violation occurred may depend on whether the teacher’s action fell within the spirit and intent of the policy or rule for which the standard was created. Teachers are expected to set boundaries that protect students while maintaining appropriate professional relationships in the classroom and throughout their education.

For instance, suppose a teacher was accused of violating a professional boundary prohibiting teachers from giving money to students. However, a license defense attorney might argue that the student had forgotten a mandatory fee for an activity. Thus, the teacher loaned the student the fee so they would not need to wait alone on the school bus during the activity. Moreover, the student’s parents repaid the teacher after the activity, so there were no misunderstandings or appearances of favoritism.

In this case, a violation might not have occurred, even though the act breached the letter of the standard, because it did not violate its spirit or intent. This example also illustrates why it may not always be straightforward to determine when professional boundaries are violated.

How Schools and School Districts Investigate Violations of Professional Standards

The investigative process for boundary violations may vary by school or school district. However, investigators must also check off certain boxes under California law if the violation could be used to discipline the teacher. This discipline could include suspension, termination, or teaching license revocation.

Receiving the Initial Report

Investigations of alleged ethical lapses by teachers usually start with a report to the school or school district. This report can come from any of the following sources:

• Students
• Parents
• Fellow teachers
• Administrators
• Mandatory reporters, such as counselors and physicians

Additionally, some investigations happen when a teacher self-reports a possible violation. Unlike rule or policy violations, an investigator might give you some credit for self-reporting. You should discuss with a teaching certificate defense lawyer the benefits and risks of reporting your boundary violation before someone else reports it.

Screening Alleged Violations

Once the report is made, the school or district will likely screen it. This screening process will determine whether there is a basis for proceeding with a full investigation. In many cases, schools and districts err on the side of investigation. However, they might decline to investigate in a few situations, including the following:

• The action, even if proven, would not violate any rule, policy, or standard
• The report is not credible
• The report is too vague to identify the teacher or the alleged violation

If the report passes the intake and initial review, investigators can proceed to the next stage of the investigation.

Reassigning the Teacher

A teacher may be placed on home assignment or suspended during the investigation. The decision to reassign the teacher will often depend on the severity of the violation. For example, a minor alleged violation not involving any students might not justify reassignment. Conversely, the school or district might feel an obligation to reassign the teacher for allegations of a major boundary violation or repeated violations.

Interviewing Those Involved

An investigator will interview the teacher. This is where a teaching certificate defense lawyer can prove valuable. A strong defense can end the investigation before any hearing. For example, a good story combined with powerful evidence might convince an investigator that there was no violation.

However, in addition to interviewing the teacher, the investigator will also interview others involved, including any student, parent, fellow teacher, or administrator who witnessed the alleged violation.

Reviewing Evidence

The investigator will gather and review evidence, including school records, financial documents, communications, and other relevant information. The investigator will use the evidence to supplement any witness interviews to determine whether the teacher violated the boundaries of the professional and ethical standards.

Conducting a Hearing

If probable cause of a violation exists, the school or district will recommend a punishment. However, before imposing the punishment, the teacher is entitled to a hearing. At this hearing, also called a Skelly hearing, the defense attorney can cross-examine any witnesses and present evidence supporting the teacher’s defense.

How a Teaching Certificate Defense Lawyer Helps Your Case

A license defense attorney assists you in the following ways:

• Gathering evidence and witnesses overlooked or ignored by the investigator
• Protecting your rights and interests during your interview with investigators
• Advising you about defense strategies

Additionally, a defense lawyer has the advocacy and analytical skills to identify possible resolutions to your case and advocate for fair treatment and a positive outcome.

Contact Unlock Legal to Discuss Your Teaching Certificate Defense

Our attorneys have decades of legal experience defending those facing suspension, termination, and license revocation. Contact us to discuss the boundary violation you face and the defenses we can raise.