Hotlined: It Can Happen to You
Teachers have always been fair game to be hotlined to DFS and/or reported to the appropriate law enforcement jurisdiction. Teachers can be reported for alleged abuse and for not reporting alleged abuse.
A single DFS hotline could result in four actions against an educator: 1) a criminal investigation conducted by the appropriate law enforcement jurisdiction, 2) a DFS investigation, 3) a school district investigation , and/or 4) a civil lawsuit. Often many of these occur at the same time.
Your Rights when Investigated
If you are informed of a possible DFS compliant against you, take the issue seriously. Do not make any statements to any investigator (administrator/DFS personnel/law enforcement official) without first contacting your Missouri NEA UniServ Director. You have the right to refuse to meet with the investigator or delay the meeting until you have representation.
If you are asked to provide a written statement say you will comply with the request as soon as your representation has the opportunity to review it. Never turn in a written statement and/or make verbal statements without prior advice of a UniServ Director. These statements can be used against you in civil and criminal proceedings.
If the Charges are Criminal
If there is a criminal/law enforcement investigation someone (often the school district) has provided them information about the possibility of abuse. An investigator may appear at school or your home without warning. Remember, even in these instances, do not make any statements without representation.
Too often educators are eager to make statements to prove their innocence. It is more prudent to set up a meeting with the investigator once you have discussed the matter with your UniServ Director.
The school district may elect to suspend you (always with pay) while the investigation is conducted.
If criminal charges are alleged you will be advised to hire your own attorney. If the charges are dropped , or you are found innocent of the charges your legal fees will be reimbursed through your $2 million liability insurance policy. However, if you are found guilty your legal fees will not be reimbursed.
If DFS Investigates
If you are investigated by DFS you will be contacted by one of the Division's Out of Home (OH) social workers. Again, contact the RNEA or your UniServ Director and refuse to meet until you have representation. The RNEA and or your UniServ Director will review your statement and help you prepare for the meeting. In more complex cases your case may be referred to Missouri NEA legal services.
If the School District Investigates
The school district may investigate a charge in cooperation with DFS, or on its own. The school district may pursue action against an educator (up to and including termination) even if the criminal and or DFS investigation found insufficient evidence of wrongdoing. AGain, contact the RNEA or your UniServ Director and refuse to meet until you have representation. You have the right to a representative in any potential employment-related meetings and your case may be referred to Missouri NEA legal services.
If you are Named in a Civil Lawsuit
Finally, you may be named in a civil lawsuit. Your MNEA membership includes a $2 million personal liability insurance for employment -related lawsuits. Should you receive an indication of a lawsuit contact your UniServ Director immediately. While it is true that the school district has liability insurance, it is the school district and their insurance company that will decide to cover you. The school district could find you negligent or out-of-compliance with district policy and refuse to cover you. Your NEA liability insurance will cover you regardless of the district's decision. |
