Educators throughout the United States are at risk of accusations of wrongdoing while at work. We all see the news and know that at any moment someone may make an allegation against you that endangers your job, your reputation, and even your freedom. While Alhambra Unified might seem like a bit of a bubble because of our stellar reputation with the community, everyone must be aware that at any point, these issues might affect you. What do you do in those circumstances?
Here is a scenario. Your principal calls you into the office. You are told that they want to discuss your evaluation. You have no reason to worry so you go alone. But not more than 5 minutes into the meeting you are told that students and parents have made some serious allegations about you. The principal tells you, “Tell me in your own words what happened.” What do you do?
Immediately STOP. Know that anything that you say or write can and will be used against you. The first thing you should do is tell the admin: “I need to call my Union before we may proceed. Give me a moment before I call ATA.” Then you call your site rep or the ATA Office ASAP. This is called invoking your Weingarten Rights.
Weingarten Rights
At any point in which you are questioned by any district administrator, and you have a reasonable belief that discipline might result, you have the right to representation. An employee’s right to representation in an investigatory or pre-disciplinary meeting was established in the 1975 United States SCOTUS decision, NLRB v. Weingarten, Inc.
Your administrator does not have to let you know of this right. If you are in any meeting where you feel as if answering questions might lead to discipline, you must let the administrator know that you do not feel comfortable answering questions until your union rep is present. The district then has three options: 1) Stop questioning you until your rep arrives, 2) Call off the interview, or 3) Give you the option to call off the interview or voluntarily give up right to union representation. You should always refuse the third option.
You might be tempted to explain and defend yourself, because surely, if they had all the facts they would not think you did anything wrong. Resist this urge. Any questioning by an administrator is intimidating and scary and, in that moment, you might misspeak, say too much, or forget important information, etc. ATA reps are trained to assist you in these matters and help you best handle such questioning.
What if the police are called?
If you are under investigation for anything that is potentially a crime (battery, assault, abuse, sexual harassment, fraud, going to work inebriated, etc.), there is a possibility that the district will call the police. What do you do in this case?
First, call the ATA Office ASAP. Under certain circumstances, our ATA Executive Director will guide you through the process and get you legal representation. But this is especially true if police come on site and you are accused at work.
If just the police ask you questions, you may decline to answer, invoking your Fifth Amendment Right against self-incrimination. Always wait to speak with any police until you have spoken with your attorney. ATA, along with legal counsel, will guide you through this process.
Know your rights and always be prepared to enforce them with the assistance of your Union, ATA.
E. Pinkava
