The Arizona Department of Education (“DOE”) is responsible for licensing and overseeing educators in the state. All Arizona teachers must maintain a teaching certificate to be eligible to teach and remain in good standing with the DOE. Teachers must apply to renew their certificates every six years.
The DOE also oversees disciplinary proceedings for teachers accused of engaging in unprofessional and/or immoral conduct, as those terms are defined under Arizona law. Such conduct includes criminal acts, including the use of illegal drugs, submitting fraudulent requests for reimbursement, engaging in sexual conduct with a student, etc. However, many teachers are surprised to learn they can be disciplined for non-criminal acts, including engaging in conduct which would “discredit the teaching profession.” As Arizona statutes do not further define what discrediting the teaching profession conduct could include, this provision is often used as a “catch all” to discipline teachers who have allegedly engaged in inappropriate conduct that does not otherwise fit within the statutory definitions of unprofessional and/or immoral conduct.
What Happens When the DOE Receives a Complaint about a Teacher?
When the DOE receives a complaint accusing a teacher of engaging in unprofessional and/or immoral conduct, it assigns an investigator to look into the issue further. Investigators typically interview witnesses, review relevant documents, and offer the teacher an opportunity to submit a statement. If the investigation reveals evidence that the teacher potentially engaged in unprofessional and/or immoral conduct, the Arizona Attorney General may file a formal complaint against the teacher.
Once a complaint is filed, the teacher will have the option to attend a hearing before the Professional Practices Advisory Committee (“PPAC”). Teachers are permitted to present evidence and call witnesses at PPAC hearings. However, unlike a formal legal proceeding, the rules of evidence do not apply. For example, hearsay that is inadmissible in a court proceeding is admissible in a PPAC hearing. The PPAC is responsible for reviewing all evidence presented at the hearing, making findings of facts and conclusions of law, and making a recommendation to the State Board of Education about what discipline it believes is appropriate, if any. The Education Board then has the option to accept, reject, or modify the PPAC’s recommendation.
What Is at Stake?
Teachers accused of unprofessional and/or immoral conduct face a wide array of potential discipline. The Board may issue a letter of censure, suspend the teacher’s certificate, or revoke the certificate. Any such disciplinary action could have substantial consequences on the teacher’s current and future ability to teach. Any sanctions imposed against teachers become part of their permanent records, and the Board forwards that information to a national database. Disciplinary records follow teachers even when they move to a different state.
Consult with an Attorney
Educators accused of unprofessional and/or immoral conduct should consult with an experienced education attorney. An attorney will help the educator navigate disciplinary proceedings and explore options to mitigate the risk of severe disciplinary action.
