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Dealing With Accusations Of Child Abuse And Other Misconduct

Contact your Local President or call the LAE Helpdesk immediately. They can provide you with valuable advice and assistance.

Local associations should devise a program at the beginning of each school year to provide support to members accused of misconduct:

• Emotional support -- educators accused of child abuse are devastated. Members must support their colleagues in this situation. Remember, in America, a person is innocent until proven guilty. Members must be encouraged not to treat an accused member as a pariah. This is the time for other members to be friendly and supportive.
  
• Technical support -- sometimes, educators are not good at controlling students without physical coercion. The local can identify members with such weaknesses and provide assistance from master educators, so that the accused can learn better discipline techniques. Ideally, such technical assistance should be offered before a member is accused of abuse.
  
• Rumor control -- a minor accusation, particular one of sexual misconduct, often become exaggerated. Once an allegation becomes public, the Association should be sure that the allegation is not exaggerated.
  

You should immediately determine if the allegation is being treated as a criminal offense. The safest course is to assume any child abuse allegation will be treated as a criminal offense. Any allegation of sexual misconduct with a student is likely to be treated as a criminal offense. Additionally, allegations concerning misuse of school district or student money may be treated criminally. Sometimes allegations of drug and alcohol use, possession or distribution are also treated criminally.

If there is any possibility that the allegation will be treated as a criminal offense, the accused person should contact an attorney who is experienced in criminal law immediately.

If the matter is being treated as a criminal offense, you should immediately talk to UniServ staff about whether you need a lawyer. Educator's Employment Liability (EEL) insurance policy covers criminal cases. If you are ultimately found not guilty (if the matter involves corporal punishment, EEL will pay even if you are found guilty). The insurance company does not pay attorney's fees until after the case is over. Be sure you file an EEL claim as soon as possible.

If there is any possibility that the allegation will be treated as a criminal offense, do not discuss the allegations with anyone except your attorney and current spouse. do not even deny or admit the allegation to anyone other than your spouse or attorney. Do not discuss the allegation with UniServe staff or local leaders, except to say;

• what the accusation is;
  
• who the accuser is;
  
• what action the district, parents, police, etc. have taken or indicated might be taken; and
  
• any witnesses to the incident and person with whom you discussed the event.
  

Do not resign, even if you believe you've done something wrong, until you've talked to UniServ staff.