As a California teacher, few things are more stressful than being notified that your school district or employer is considering disciplinary action against you. Regardless of the nature of the situation, you could find your teaching credential and livelihood at risk.
One of the first steps in the process is a Skelly hearing. If you have never heard the term before, the entire concept can trigger feelings of concern and anxiety. In reality, a Skelly hearing is meant to help protect your rights as a public employee in California.
Knowing what a Skelly hearing is is an important step in your disciplinary journey. It’s helpful to learn what to do, whether you need a teaching credential defense lawyer, and how to mentally prepare for the hearing.
What Is a Skelly Hearing?
A Skelly hearing is a pre-disciplinary meeting that gives California public employees the opportunity to respond to proposed disciplinary action before the process is finalized. The process stems from the California Supreme Court case Skelly v. State Personnel Board (1975).
Although Skelly proceedings are usually referred to as “hearings,” the process is less formal than a courtroom proceeding. Still, it’s an important part of due process that is meant to protect your rights as a public employee.
The precedent applies to all public employees in the state, including teachers employed by public school districts.
The purpose of a Skelly hearing is to give you a chance to:
- Review the allegations against you
- Understand what evidence is being used
- Present your side of the story
- Submit mitigating evidence
- Respond before discipline is officially imposed
For teachers, the proposed discipline may involve:
- Suspension
- Demotion
- Termination
- Revocation
- Administrative leave
You must take a Skelly hearing seriously, as any statements made during the process can later affect the outcome of the investigation and your ability to continue teaching.
Why Teachers Receive Skelly Notices
You could receive a Skelly notice for many different reasons, such as allegations of criminal, civil, or administrative misconduct. Common examples include:
- Allegations of inappropriate conduct with students
- Violating boundaries
- Complaints about mismanagement in the classroom
- Social media behavior
- Allegations of harassment
- Failure to follow district policies
- Alleged misconduct
- Criminal charges or arrests
In some cases, the allegations against you may be exaggerated or completely false. In others, you may have made an honest mistake. In either case, the credentialing board and your district will arrange a Skelly hearing as they are obligated to do.
What Happens Before the Hearing?
Before the hearing takes place, the school district or your employer generally provides you with a written notice outlining the following:
- The proposed disciplinary action
- The reasons for the action
- The evidence supporting the allegations
- Information about your right to respond, such as the deadline
The notice is commonly referred to as a “Skelly notice.” The district may also provide you with supporting documents, findings, and witness statements.
Generally, California requires that you be provided access to the materials being used against you. Keep these documents organized and take them to an attorney for review so that you can better understand what you are up against.
What Happens During a Skelly Hearing?
During the hearing, you will have the opportunity to present a response to the allegations against you. Depending on the circumstances of your case, you may be able to present a verbal or written response or both. Each hearing is different based on the amount of evidence available and the nature of the allegations. However, you should expect some of the following to take place during the hearing:
- A summary or discussion of the allegations
- Review of the evidence
- Explanation of potential or proposed penalties
- Legal arguments from your attorney
It’s vital to retain legal representation. The Skelly hearing can be complex and overwhelming. The outcome of the disciplinary proceedings can also have a profound impact on your career. Don’t take the matter lightly, and don’t try to handle it yourself.
Why Your Skelly Hearing Matters
Many educators mistakenly assume that they can explain away what happened, especially if the allegations are exaggerated or overblown.
Unfortunately, your school district and the licensing board take any allegations very seriously. If you mishandle the Skelly hearing, it could lead to termination, suspension, or even a permanent revocation of your license.
On the other hand, a strong response during the Skelly process may help you reduce proposed discipline and protect your reputation. An experienced teaching certificate defense lawyer will create a defense plan based on the unique circumstances of the case against you.
Can You Bring an Attorney?
Yes. You have the right to legal representation. Having an attorney in your corner is strongly recommended. Your lawyer can help you:
- Review the evidence and allegations against you
- Identify any procedural violations
- Prepare a written response
- Present mitigating evidence
- Communicate with the district
Responding emotionally could unintentionally damage your case. Don’t respond to the Skelly notice without the guidance of an attorney.
How Skelly Hearings Impact CTC Investigations
Disciplinary issues rarely stop with the school district. Certain allegations may also trigger an investigation by the California Commission on Teacher Credentialing. The CTC can impose separate disciplinary actions that impact your credentials and right to work.
Even if the matter is resolved at the district level, you could still be subject to a CTC investigation.
Steps You Should Take Immediately
If you receive a Skelly notice, you should:
- Carefully review the allegations
- Avoid discussing the case with anyone other than your attorney and union rep
- Preserve evidence
Not assume that the district has the full story
Most importantly, you should seek legal guidance as soon as possible so that your attorney has adequate time to prepare a response.
Protect Your Career and Reputation With Unlock Legal
If you are subject to a Skelly hearing, Unlock Legal is here to help. Our experienced attorneys provide license defense services throughout California and will fight to protect your right to work. Contact Unlock Legal to book a consultation.
