If you are a teacher and receive a notice about an upcoming Skelly hearing, you’ll likely feel a rush of concern and anxiety. That’s completely normal. Your reputation and your teaching credentials could be on the line. While the process is serious, how you prepare can make a major difference in how your case is presented and ultimately resolved.
A Skelly hearing is not the final decision in your case. Instead, it’s an opportunity to respond to the disciplinary action being proposed against you. If you understand the process ahead of you and prepare appropriately, you’ll be in a stronger position to protect your livelihood.
What Is a Skelly Hearing?
A Skelly hearing is a pre-disciplinary due process meeting for California public employees, including teachers.
The hearing stems from the California Supreme Court case Skelly vs. State Personnel Board. This 1975 case established a precedent that public employees are entitled to certain procedural protections before serious discipline is imposed.
Generally, you may be subject to a Skelly hearing when the district intends to impose discipline, such as:
- Suspension
- Demotion
- Reduction in pay
- Termination
Before the district finalizes the discipline, it must provide you with the following:
- A written notice of the proposed discipline
- The reasons for the action
- The evidence supporting the allegations
- An opportunity to respond
Keep in mind that you could also be subject to a separate credentialing hearing with the California Commission on Teacher Credentialing. Evidence presented during the Skelly hearing can be used in the credentialing review process as well.
Preparing for Your Skelly Hearing
If you have received a Skelly hearing notice, you should take several actions.
Review the Allegations Thoroughly
The Skelly notice will include some critical information, such as the date and time of the hearing, the potential discipline you are facing, and how long you have to respond. You should also be provided a copy of the evidence that has been gathered in your case.
Review everything that you receive thoroughly. While you may be flooded with emotions, don’t respond in a moment of anger or frustration. Doing so can harm your case and lead you to inadvertently say things that can be used against you later.
Instead, take some time to compose your thoughts. Making notes of important dates, times, and pieces of evidence can help you sort out your thoughts during this emotional time.
Gather Any Relevant Documents
When reviewing the evidence, think about what’s not there. For example, if there are screenshots of an email thread, but important parts of the exchange are left out, you may need to fill in the blanks. While the hearing should be fair, you need to advocate for yourself and your reputation.
You can also gather documents that speak to your professionalism and reputation. Examples include:
- Performance evaluations
- Prior commendations
- Classroom observations
- Emails or text communications
- Lesson plans
If you are represented by a teacher’s union, speak with a union rep for tips about what documents to produce.
Don’t Discuss the Matter Casually
Be careful who you discuss the case with. You should typically limit these conversations to your union rep and professional license attorney. Hiring a lawyer with experience in professional license defense can be a wise move for building a strong defensive strategy and protecting your right to work.
Never post about what you are going through on any social media platforms, even if you are vaguely referring to the matter. These conversations and posts could become part of the investigation or be used against you.
Prepare a Strong Response
You’ll have an opportunity to provide a written or verbal reply during the Skelly hearing. Your response should:
- Be organized
- Sound professional
- Focus on the facts
- Address the allegations
You should also outline the sequence of events leading up to and immediately following the incident in question.
In some cases, acknowledging minor mistakes and outlining how you use those lessons to grow can be incredibly helpful. Doing so demonstrates that you take accountability for your actions and are committed to becoming a better, more well-rounded educator.
Conduct Yourself Professionally
When you are the subject of a Skelly hearing, your every move will be scrutinized. District officials are going to pay attention to how you behave throughout the process. During the hearing and any communications with district personnel, make sure you:
- Remain calm and respectful
- Avoid interrupting
- Listen carefully before responding
- Stick to the facts
- Voice your passion for teaching without becoming overly emotional
Even when the allegations are unfair or outright fabricated, you need to deliver a measured response. You are a professional. Show just how professional and disciplined you can be under stress during the hearing.
Know That a Credentialing Hearing Could Be Next
Unfortunately, a Skelly hearing may not be the end of the matter, even if you achieve a favorable outcome. The California CTC could launch an investigation into your credentials if the matter involved alleged misconduct or unprofessionalism.
A CTC investigation can be even more stressful, and the consequences can be even more severe. Your credentials could be suspended or revoked. With the stakes being higher, it’s especially important to hire a license defense attorney. An experienced lawyer can protect your reputation and right to work during a CTC inquiry.
Hire a License Defense Lawyer
A lawyer isn’t required during a Skelly hearing. You can attend the hearing alone or with the backing of your union rep. However, just because you aren’t required to hire an attorney doesn’t mean you should go without one.
If you are concerned about the outcome of the Skelly hearing and the potential repercussions, such as a follow-up investigation from the CTC, consult with an experienced attorney.
Team Up With Unlock Legal
Unlock Legal offers professional license defense services to clients throughout California. Our attorneys have handled countless cases involving Skelly hearings and CTC investigations. Don’t face the stress and uncertainty of your hearing all alone.
Contact Unlock Legal today and book a consultation with one of our experienced lawyers.
