A Word from Legal
Investigations and Your License
The school year is over for many students and staff, but it’s always good to be reminded of what happens when a licensed educator is placed on leave due to investigations by social services or law enforcement.
Many of these claims ultimately have no merit, of course, but it’s still important to know how and when to respond as directed by your UniServ director or legal representative, to stay calm, and to focus on taking care of yourself. Investigations are inherently stressful, but they do come to an end.
While you’re waiting for the outcome of any investigation by social services or police, it’s important for licensed educators (including those with conditional licenses) to understand how such investigations could impact your certification.
Under the Code of Maryland Regulations, a local superintendent can request suspension or revocation of your teaching certificate if you resign or retire while under investigation for “misconduct involving a student.” This term “misconduct” is broadly defined—it does not require allegations of abuse, neglect, or criminal behavior. If a student is involved, even lesser allegations may be considered misconduct. In cases involving allegations of sexual abuse, the law requires that you be cleared by all investigating agencies—including the school system—before your record is considered clean. A finding of “unsubstantiated” is not enough; rather, you must be fully ruled out to avoid reporting requirements if you were to move from one county to another within Maryland.
If you are under investigation for any allegation involving misconduct with a student, do not resign or retire until the investigation is fully resolved and you have been cleared. A clean record is crucial to preserving your ability to work in education in the future.