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Substitute Teacher Fired Based on False Student Allegations

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wendyjoe

Junior Member
What is the name of your state (only U.S. law)? Georgia

At 40, I left behind a 20-year career history in politics and sales to go back to college to fulfill my lifelong dream of becoming a teacher. During the transition, working as a substitute teacher in my local school district provided me with experience and a steady paycheck; I had a job every single day. For several weeks, my sister, Janet, a certified teacher, and I had been sharing 6th grade subbing duties at a local elementary school while the teacher was out having surgery. One day, the principal called to tell me I couldn't come back, that "accusations had been made," and someone from the school district would contact me. I was dumbfounded! I simply could not, in my wildest dreams, imagine what I could have been accused of doing.

Instead of waiting, I contacted the school district myself, and was allowed to come in for a meeting with Mr. Michaels, the district's "Child Safety Director." He informed me that he had interviewed all the students involved, but not how many, and was preparing his report, which I could not have a copy of, citing confidentiality. However, he did summarize some of what was in the report, including which students said what, so I am unclear as to what was confidential about the report. I was told that one student, Thomas, had come in with his parents to formally accuse me of "touching him on the buttocks." This was a complete lie and even sounded ridiculous; I don't know many 6th graders that use the word "buttocks." After that, the other students were called in to be questioned by Mr. Michaels, who, by his own admission, only recorded what they said (although "what they said" seems to have been coerced to some degree, given the use of phrases like, "It makes me feel uncomfortable when..."), but did not question the validity of their statements. The additional accusations were even weaker: "Mr. Brown put his hand on my back and felt my bra." (A reference by a student to a time I prevented her from stepping out of line by placing my hand on her upper back between her shoulder blades for no more than 2 seconds; at the time, she showed no reaction, but continued chatting with her friend without missing a beat.) The other allegations were equally as thin, and I wrote a formal response to each of them, inasmuch as I could recall what they were from the notes I took at the meeting.

My sister, who came with me, told Mr. Michaels she thought he should know that a few days prior, she had upset Thomas to the point of tears by giving him a zero on an assignment he had failed to complete and having him call his mother, who was extremely angry. My sister said she felt strongly this was no coincidence, particularly since the accusers were all in Thomas's close clique of friends. Mr. Michaels said he didn't feel that was relevant to the report.

Mr. Michaels ended the meeting by saying, "I wouldn't worry about all this. It's pretty weak stuff." I asked him what would happen next; he said the school board's personnel committee would meet to review the report. I told Mr. Michaels of my plans to become a teacher, and that it was of critical importance to me that my name be cleared, that I had done nothing wrong! That, he said, he would include in his report. He suggested I try to see the assistant director of human resources and plead my case; the AD would not see me, but said I could speak with the Director, who also would not see me. The day after I got word of all of this, I got a letter from the District saying I had been relieved of my duties effective immediately. It stated no cause.

All of this happened in early May. Since then, I have been unable to see or speak with anyone on the School District staff; I've had no written or verbal communication from them whatsoever. They will not return my phone calls or emails, and they are never in when I drop in unannounced. An acquaintance who is also an attorney suggested I file for unemployment to force a response from them. I did, and was, of course, denied. The official reason given by the school district, according to the Dept. of Labor, was that I was "accused of inappropriately touching 7 students and crawling under a desk." (This was presented by a student as an incident that made her feel "uncomfortable;" I had to kneel on the floor near her desk to plug into an outlet that was in a hard-to-reach location.)

I don't know what to do next. I know I have been harmed, but I'm not sure how, or if, I've been legally harmed. If so, in what way? I have given up on plans to teach, not knowing how these unfounded accusations will haunt me. It has devastated both me, my family and my fiancee. Nobody seems to care or be concerned about learning the truth, only closing the file. My reputation, name and integrity have been damaged; I feel I can't move forward with anything without some resolution, and I can't get any answers from anyone. Any advice, even on what step to take next, would be gratefully appreciated. What is the name of your state (only U.S. law)? Georgia
 


swalsh411

Senior Member
It is entirely legal for the school to terminate your employment based upon mere accusations. As a non-unionized subsitute teacher you have no special rights. It is not a court of law and you are not innocent until proven guilty.

If you have not already done so, you should appeal the unemployment denial immediately. The school will have to show evidence to support their claim of misconduct, but lack of evidence does not in any way mean your termination was unlawful.
 

wendyjoe

Junior Member
I do understand my termination was legal. Even so, the allegations WERE false, but no one seems concerned with true or not true. Such accusations, however, if left as a one-sided, unresolved report in my file, can potentially damage or taint any future career I might have as a teacher. I will take your advice to appeal the unemployment denial. Thank you for your response.
 

Silverplum

Senior Member
I do understand my termination was legal. Even so, the allegations WERE false, but no one seems concerned with true or not true. Such accusations, however, if left as a one-sided, unresolved report in my file, can potentially damage or taint any future career I might have as a teacher. I will take your advice to appeal the unemployment denial. Thank you for your response.
I would warn you, this is the world of teaching today. :(
 

aldaron

Member
In todays world any man should never be alone with kids that are not his own unless a witness is present. 1 false accusation and your life is ruined. The kids are always RIGHT!. Never ever put your hands or touch a kid unless they are yours. If I was in a room with a child and the door blew shut Id run like hell.
 

Humusluvr

Senior Member
In todays world any man should never be alone with kids that are not his own unless a witness is present. 1 false accusation and your life is ruined. The kids are always RIGHT!. Never ever put your hands or touch a kid unless they are yours. If I was in a room with a child and the door blew shut Id run like hell.
You are absolutely correct. The world of education has become a lawsuit revolving door. As a teacher, I NEVER closed my door, and if a student came in while I was in the room alone, I immediately would stand up and ask the student to talk to me in the hall, no matter what gender the student was. I would never touch a student for any reason, not even to redirect. It's a shame you are in this situation, OP. The only thing you can do, as a non-union, unprotected substitute teacher, is hire your own lawyer to take on the case. You might be able to clear your name, but you will unlikely be able to teach in the district. I think the district went on a witch hunt, and unfortunately, you got burned at the stake. I hope you do resume your hopes of becoming a teacher, and this is unlikely to follow you to a new district. Subs have so little protection from the slander of students, and even fully certified teachers get burned too. Students have no repercussions for their piss-poor actions, and that's a shame.
 

csi7

Senior Member
You can teach in a different district. Do try that. Know that there are people out there who wish you the best with teaching.
 

wendyjoe

Junior Member
Thank you all for the advice and well-wishes; your responses have been very encouraging and I appreciate them tremendously. I've appealed the unemployment denial and requested an open hearing. I've also retained an attorney, who has written district officials requesting a more thorough investigation of the allegations and that I be heard by the school board. Of course, the district has no obligation to comply, and provoking any sort of cooperation will likely require that I file a very public lawsuit. If this is my only recourse, I feel I'll have to take it; there doesn't seem to be any alternative.

My late father always told me, "You can be as rich as Midas, but if you don't have your good name, you don't have anything." I've done nothing wrong, but I've been fired, blacklisted from work I loved, had my reputation damaged and my integrity questioned; district officials admit they doubted the students' stories, but allowed them to get away with telling them and hoped I would just go away quietly. Yet school and district officials were acting within the bounds of the law, and none of the students' actions were criminal. There is something just fundamentally not right about that. While none of them may be legally responsible for this chain of events, all of them are morally and ethically accountable. It seems, unfortunately, that when the law limits the actions we are required to take in response to a certain set of circumstances, human obligation to simply do the right thing by each other is often abandoned.
 

MksMimma

Junior Member
Curious about outcome

While doing some research, I came across this thread and am curious about the outcome of this incident. Seems that subs do not have any rights that other employees are provided, and serve at the will of their employers.
 

quincy

Senior Member
While doing some research, I came across this thread and am curious about the outcome of this incident. Seems that subs do not have any rights that other employees are provided, and serve at the will of their employers.
If you are curious, you may wish to start your own thread with your questions about substitute teachers and the law, instead of reviving a three year old thread. There is no indication that wendyjoe will return to this forum after this amount of time to let you know the outcome of her incident.

And, if you do start your own thread, please include the name of your state. State laws vary in significant ways. Thanks.
 

ecmst12

Senior Member
Please note that all employees in all industries in almost all cases serve at the will of their employers; that is what "at-will employment" means. And 99% of employees in this country are at-will.
 

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