EdCal EdCalv47.6 | Page 8

8 EDCAL September 5, 2016 CTC roadmap of what the COC is investigating, and perhaps what they find important. Continued from page 1 reviews allegations of misconduct, including but not limited to, immoral and unprofes­ sional conduct, as well as evident unfit­ ness for service. After the COC reviews an investigative report conducted by CTC investigators, it makes its recommendations to the CTC. Q: There seems to be an increase in the number of cases reported to CTC that trig­ ger investigations of our members. Do you see that trend, and what do you believe is causing the increase? A: Yes, one of the major reasons is the necessary and proper focus on student safe­ ty, particularly as it relates to sexual assault. There is an increase of public awareness about reporting misconduct. Q: What are some of the other reasons for this apparent increase? A: Changes in the law have increased reporting requirements for school districts and have all but eliminated the “go away quietly” agreement of the 1980s and 1990s. Superintendents must now make a writ­ ten report, and failure to do so constitutes unprofessional conduct, which will also be investigated. The district must report all information about any alleged misconduct. If a credential holder is dismissed, suspend­ ed, placed on unpaid administrative leave or is otherwise terminated by a decision not to employ as a result of an allegation of misconduct or while an allegation of mis­ conduct is pending (see Title 5 California Code of Regulations section 80303(a)), it must be reported. Finally, sociological phenomenon, such as diminishing resources, negative politics, and social media have created an ever-coars­ ening of the school environment, where anonymous reporting becomes a means to an end, whatever that end may be. Q: What can our members do to protect themselves if they fall under a CTC inves­ tigation? A: If you receive a letter from the CTC letting you know that they are in receipt of information requiring a preliminary investi­ gation as to your fitness to hold a credential, you have 30 days to respond. It is critical that you respond. The only question is, based on the gravity of the allegations, do you need an advocate? In many cases, the support of an ACSA panel attorney is also needed. You should request your full investigative file. This file will include all documentation forwarded to CTC by the district as well as a Confidential Investigative Report, which is the commission’s summary of the infor­ mation they received. This will provide a Q: Are there other tips for responding to the CTC? A: Yes, the Committee of Credentials has a heavy workload, so make your response specific to the investigative reports. The written response or Statement of Context should be concise and declarative. If pos­ sible, limit your response to no more than three pages. The written response should be supple­ mented by a declaration under penalty of perjury, which specifically rebuts and/ or explains the allegations outlined in the Confidential Investigative Report. If pos­ sible, it should include dates, times, names and locations. This approach will not only reframe the issues, but will also enhance your credibility by presenting direct, focused testimony in contrast to the largely hearsay evidence that might be presented by the district or a member of the public. You should also submit supporting docu­ ments, such as positive evaluations and recommendation letters. Recommendation letters are given less weight if they do not acknowledge the alleged misconduct. take turns asking specific questions. The credential holder has the right to have an attorney or advocate present. However, that person cannot obstruct the proceedings by way of objections or instructions not to answer. They can only offer support and help guide or clarify the committee’s questioning. The advocate will then have an opportu­ nity to make a brief closing statement. The district is also notified of the formal review date and may have a representative attend. They are not allowed to be present. Q: What happens after the hearing is concluded? A: After formal review, the COC will decide whether to recommend disciplinary or “adverse” action by CTC. All adverse actions, other than private admonition, are published in a document called the “All Points Bulletin,” which is sent to all educa­ tional institutions in California. If you disagree with the committee’s rec­ ommendation, you have 30 days to request a reconsideration, if there is new information that was not available earlier, or a hearing before an administrative law judge. Q: Do you have any further advice for our members? A: Clearly, it’s best to avoid all prob­ lems, but that is sometimes impossible. Be informed and prepared. Understand that any unpleasant separation from employ­ ment will likely end up before the CTC. Frontload your response by presenting a strong, thorough and disciplined written response and declaration. If necessary, take the time to prepare for the formal review process. You should attempt to avoid the administrative hearing process if at all pos­ sible. Your credential is the lifeblood of your educational career, and you should do every­ thing you can to protect it. Finally, as an ACSA member, you have access to assistance in this process. Call the ACSA Member Assistance and Legal Support Team at (800) 608-2272 and ask to speak with an ACSA member assistance advocate. A complete copy of Rolen’s response can be found with member login at www.acsa.org, under Member Resources. Q: Is there anything else to consider? A: Yes, keep in mind that the CTC decides the vast majority of their cases on the basis of written material only. Setting aside instances of egregious misconduct, if your written materials are persuasive and direct, the commission will likely close the matter. Q: What happens if the COC decides to move forward with a formal hearing? A: The formal review process will allow you to submit additional, perhaps improved, responses and supporting documents. You will be informed of the formal review date, and there are absolutely no continuances allowed. You should inform the committee if you wish to appear and if there is going to be an advocate present. Q: How does this formal process work? A: The Committee of Credentials meets every month for three or four days. The “hearing” is somewhat informal. The com­ mittee members, comprised of former teach­ ers, administrators and board members, assemble in a conference room. Committee staff and counsel are also present. The credential holder has an opportunity to make a three-minute opening and clos­ ing statement. The committee members 2016 2017 Meaningful Employee Evaluations to Build Capacity, Increase Student Due Evaluations Process Documentation MeaningfulAchievement, Employee to and File Building Build Capacity, Increase You will learnStudent to… n Establish a common philosophy across the district regarding employee evaluation Achievement, Due Process n Create common language used to provide meaningful and effective feedback to employees n Calibrate the and feedbackFile across the district in order to build employee capacity Documentation Building n Provide feedback to employees with quantitative and qualitative evidence n Generate documents that improve the delivery of instruction REGISTER TODAY! Visit acsa.org/academies register online at: https://goo.gl/CCIr0h n Establish a common philosophy across the n Generate assistance plans that are robust, multifaceted and improve the quality of instruction Prepare for andevaluation conduct effective conversations with the purpose of improving performance district regarding nemployee Classified Educational Leaders n Create systems within a district to enhance the capacity of site supervisors to provide meaningful feedback n Provide feedback to employees n Generate documentationwith that will support difficult employment decisions • San Diego: Oct. 1, Nov. 5, Jan. 21, Feb. 25, April 8 n Communicateevidence and work effectively with union leadership while honoring an employee’s quantitative and qualitative right to representation n Understand the legal requirements and ethical approaches regarding the discipline of employees n Communicate and work effectively with union leadership Audience: while honoring anAll employee’s school right to representation • Ventura: Oct. 15, Dec. 10, Jan. 28, Feb. 25, March 25 leaders Timeframe: Curriculum & Instruction Day Workshop | 8:00 – 8:29 a.m. n Understand theOne legal requirements andregistration; 8:30 a.m. – 3:00 p.m. •workshop Ceres: ethical approaches regarding the discipline Registration fee:of ACSA Member: $295 | Non-member: $625 employees Registration link: October 14, 2016 Sacramento https://www.regonline.com/theskillfulleader_2016 Dates/Locations… January 11, 2017 Ontario October 14, 2016 Sacramento | Program 2707-1 Sept. 16-17, Oct. 14-15, Nov. 18-19, Jan. 20-21, Feb. 3-4, March 17-18, April 28-29, May 19-20 • Costa Mesa: Sept. 9-10, Oct. 21-22, Dec. 9-10, Jan. 20-21, Feb. 24-25, March 24-25, April 28-29, May 19-20 Special Education ACSA Office, 1029 J Street, 3rd Floor, Sacramento, CA 95814 February 2, 2017 Burlingame January 11, 2017 Ontario | Program 2707-2 • Redondo Beach: Sept. 16-17, Oct. 14-15, Dec. 9-10, Jan. 20-21, Feb. 10-11, March 3-4, April 21-22 Equity Leaders • Woodland: Sept. 16-17, Oct. 14-15, Nov. 18-19, Dec. 9-10, Jan. 6-7, Feb. 10-11, March 10-11 School Business Managers • Lodi: Sept. 16-17, Oct. 7-8, Oct. 21-22, Nov. 18-19, Dec. 9-10, Jan. 20-21, Feb. 24-25, March 10-11, March 24-25 • San Bernardino: Sept. 9-10, Sept. 23-24, Oct. 7-8, Oct. 21-22, Nov. 18-19, Jan. 6-7, Jan. 20-21, Feb. 3-4, March 3-4. March 17-18 Innovative Technology • Riverside: Oct. 15, Dec. 10, Feb. 4 ACSA Office, 3602 Inland Empire Blvd., Ste A230, Ontario, CA 91764 | Program 2707-3 February 8, 2017 Burlingame Lancaster February 2, 2017 ACSA Office, 1575 Bayshore Highway, 2nd Floor, Burlingame, CA 94010 February 8, 2017 Lancaster | Program 2707-4 www.acsa.org/Trainings East Side Union SD, 45006 30th Street East, Lancaster, CA 93535 See more C&I, Innovative Tech, PersonneI, Pupil Services, Principals, Superintendents and all other academies online at www.acsa.org/academies Need more information? Contact Rhonda Morgan in ACSA’s Educational Services Department at 800.608.ACSA or via e-mail [email protected]