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I am a principal of a school in MA. I learned today from the

 
 
 

Customer Question

I am a principal of a school in MA. I learned today from the Superintendent that a (tenured) teacher was arrested for shoplifting and A&B (he shoved the security person when detained at the entrance) last week. The police log in the local newspaper came out today with this information. The teacher told the superintendent and has given him a copy of the police report. The superintendent is asking me to send a letter of intent to investigate this issue and then hold a fact finding meeting next week in the presence of the teacher; his lawyer; the district's lawyer and a union representative. My questions are:
1.What kind of discipline is appropriate for this type of situation?
2. What types of questions would be most appropriate to ask?
Thank you in advance for any help you can give.

Submitted: 1013 days and 8 hours ago.
Category: Legal
Status: CLOSED
 
 
 
 
 
 

Optional Information

State/Country of Question: Massachusetts

Already Tried:
internet searches
research with district documents

 
 
 
 
 
 

Accepted Answer

Thank you for contacting our JA team for guidance.

 

1. You should not discipline the employee unless there is a conviction or at least a serious prosecution as he is presumed innocent and entitled to due process as a government employee. If you are willing to suspend the employee with pay during the investigation, that would likely be the best course of action.

 

If there is a conviction or a prolonged prosecution, you should strictly follow school disciplinary policy to avoid litigation by the teacher. If your policies are not specific enough, this would be a terminable offense, especially for a teacher.

 

2. You can directly ask the employee whether he committed the offense. If he denies it, request his side of the story. Since his attorney is there, he may object since there is a pending police investigation, but it would be worth trying. You could ask whether he is being charged if you do not know. Anything relevant to the incident is appropriate, but may illicit an objection from the attorney. You could also ask if he believes he is being falsely accused and why. And whether he intends to file a lawsuit against anyone and if so, who.

 

Please let me know if you need additional information.


Best regards XXXXX XXXXX

TG

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Expert: Tina
Pos. Feedback: 98.7 %
Accepts: 6663
Answered: 8/14/2009

Lawyer

JD, BBA Over 20 years legal and business experience.

 
 
 

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