Teachers Face License Suspension for Sex Crimes
Posted on April 28, 2008
Filed Under Child Abuse, Criminal Law, Felonies, Law, Sex Offenders |
Closing what Senator Jack Scott (D-Pasadena) called a loophole, the California Senate last week voted unanimously to automatically suspend a teacher’s license if their license had been revoked in another state for sexual misconduct. Previously teachers were allowed to remain in the classroom while the California Teacher Credentialing Commission investigated, a process that can take two to three years. The bill now goes to the Assembly.
The Senate is also considering a bill that would strip teachers charged with sexual misconduct in California of their licenses if they entered a plea of no contest to a lesser charge. Previously in such situations teachers were allowed to retain their teaching credentials. Sponsored by Bob Margett (R-Arcadia), the bill also applies to drug offenses.
The Senate actions were prompted by an extensive 2007 Associated Press report on the sexual misconduct of teachers. The seven-month investigation found 2,570 educators nationwide who were teaching in classrooms despite the fact that their licenses had been revoked in other states for sexual misconduct. The report set off a firestorm of school board and legislative investigations across the country, a number of which have resulted in strictor hiring policies and more restrictive state laws.
No one wants sexual predators or drug addicts in our children’s classrooms, but the proposed laws, in automatically denying teachers the ability to practice their profession and earn a living without a hearing, may be trodding on personal rights. A plea of no contest is a legal agreement that leads to conviction but allows a defendant to avoid a trial or civil liability. It is not the same thing as a plea of guilty. The proposed new law would appear to equate the two without allowing the accused teacher the opportunity to explain the circumstances or reason for the plea. Margett’s bill also extends the statute of limitations for disclosing a teacher’s past misconduct from the current one year to five years.
Accusations of any sex crime, including sexual misconduct, lewd conduct, indecent exposure, child molestation, pornography and rape are incendiary and life changing. Even when the accusation is found to be baseless, untold damage can be done to a teacher’s career and ability to work in the future. Sex crimes are felonies that can result in a prison sentence and the permanent loss of your teaching license. If you feel you have been falsely accused, it is important to immediately obtain the services of an experienced criminal attorney to protect your rights.
-LegalPro
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