The Legal Implications Of Off-Duty Misconduct By K-12 Employees
School districts rely heavily on employees to provide quality services to students in the district. In most instances, employees provide services in an exemplary manner. However, in some instances, school district officials must often intervene to address situations where employees have conducted themselves in a less than professional manner while off duty. In these instances, school districts must often follow certain steps to ensure that any discipline or possible termination is lawful. Such steps may be dictated by board policies or procedures, employee handbook provisions, individual contracts, state or federal laws, or constitutional provisions. Because of the myriad of legal issues that may arise, it is important for school districts to identify these issues prior to taking any adverse action against the employee at issue.
Please join leading attorney Rick Verstegen for a presentation that will explain the important legal issues impacting employee off-duty conduct and will provide practical solutions on how to skillfully avoid any legal or political issues that may arise.
Just a sample of the many practical tips you’ll take away:
- Understand the various constitutional provisions applicable to investigation and discipline for off-duty misconduct, including substantive and procedural due process issues, speech issues, and self-incrimination issues.
- Review elements of impermissible reasons for addressing off-duty misconduct, including the right to engage in concerted activity and rights under various anti-discrimination laws.
- Understand the impact of various standards that may impact discipline or discharge, including standards such as just cause, good and sufficient reason, or arbitrary and capricious.
- Consider various practical pointers in resolving such discipline issues, including last chance agreements or resignation agreements.
- And much more!
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