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
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