QUESTION

Will they revoke or suspend my teaching credential if I did not attend the hearing?

Asked on Mar 03rd, 2012 on DUI/DWI - California
More details to this question:
I have two DUIs and they are two years apart within the last 4 years. I am 28 years old and I have a hearing with the California Commission on Teacher Credentialing. Should I attend? Will they revoke or suspend my teaching credential.
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8 ANSWERS

Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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Yes. If you don't attend your license will be taken. Ask the union for a lawyer who does admin hearings .
Answered on Mar 06th, 2012 at 9:09 AM

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Workers Compensation Law Attorney serving Sacramento, CA at Ernest Krause Attorney at Law
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Of course you should attend. If you have a union they HAVE to help you. Do you have good job reviews? Good relations with parents? Get all of them to sign a statement(s) saying you are a good guy and ask the Commission to put all that in the record. Have you done all your DUI classes etc. for both and paid all the money? Get a statement from the DMV. Get whatever statements you can from friends & neighbors saying what a good guy you are. The last DUI is two years old? Can you find a doctor or psychologist to say you probably won't do it again? Explain the DUIs as favorably as you can. Ask why they've waited so long to hold the hearing.
Answered on Mar 06th, 2012 at 9:08 AM

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Drivers License Suspension Attorney serving Redlands, CA at Law Offices of Matthew Murillo
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It's a possibility. But this is not an appropriate forum for that. You should call your teachers union. Because I don't think the hearing was scheduled for a last minute appointment, I hope you have already contacted your union, rather than simply not showing up. If you don't show up, it may effect you even more than you may imagine.
Answered on Mar 05th, 2012 at 5:54 PM

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Get an administrative law attorney. They will revoke if you do not attend. With lawyer, they may just put you on probation with alcohol monitoring.
Answered on Mar 05th, 2012 at 5:45 PM

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Federal Criminal Law Attorney serving Fresno, CA at Mark A. Broughton, PC
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Oh, man, I hate these kind of questions. The short answer is that you have to get in touch with an attorney who handles these types of administrative hearings, and/or those who handle professional licensing (teacher) cases. It is very important that you do this, and as soon as possible. Yes, you could potentially lose your teaching credential, so you want to deal with this head-on with professional assistance. Yes, you should attend - with your lawyer!
Answered on Mar 05th, 2012 at 3:21 PM

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Of course you should attend, and preferably with a lawyer.
Answered on Mar 05th, 2012 at 3:20 PM

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This question came up in a California case. In that case the ruling held that the California Commission on Teacher Credentialing cannot merely cite the fact of a DUI conviction and proceed to suspend or revoke a teaching credential. Instead, they must affirmatively demonstrate that the person is unfit to teach, and that must be done by applying the 7-factor test The seven factors include: 1) The likelihood that the conduct may have adversely affected students or fellow teachers and the degree of such adversity anticipated; 2) The proximity or remoteness in time of the conduct; 3) The type of teaching certificate held by the party involved; 4) The extenuating or aggravating circumstances, if any, surrounding the conduct; 5) The praiseworthiness or blameworthiness of the motives resulting in the conduct; 6) The likelihood of the recurrence of the questioned conduct; and 7) The extent to which disciplinary action may inflict an adverse impact or chilling effect upon the constitutional rights of the teacher involved or other teachers. These factors have now been incorporated into an administrative regulation (see 5 Cal. Admin. Code. ? 80302.) Yes you should attend the hearing. Not attending the hearing could send the message that you should be suspended.
Answered on Mar 05th, 2012 at 3:19 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Failing to attend and present yourself to defend your credential would allow them to decide and act without opposition, i.e. a default. Yes, you should attend, and yes, you clearly should have counsel to assist and steer you into intelligent decisions.
Answered on Mar 05th, 2012 at 3:16 PM

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