You’ve been hotlined—now what? 

Because educators spend the bulk of their days with children, they risk exposure to false accusations of child abuse. For whatever reason, children and parents sometimes make false accusations regarding teachers. In many cases, the educator has done nothing that would be considered abuse from a common-sense standpoint.

The mere occurrence of a hotline investigation, even if the result of the investigation is “no probable cause to suspect abuse or neglect,” can have lasting impact on an educator’s career. The steps taken in the beginning of an investigation can make a significant difference in the outcome.

In no circumstance should a member give a statement to a Division of Family Services investigator without first consulting with an attorney. If an administrator tells you that the investigator wants to talk with you, explain to the administrator and the investigator that you plan to cooperate with the investigation but want to consult with an attorney prior to making your statement. The investigator may tell you that if you do not make a statement at that moment, he or she will make the finding without you. Do not be intimidated by this tactic. It is rare that a finding be made without the statement of the alleged perpetrator when the delay is only the few days necessary to allow consultation with an attorney.

Remember that you should consult with an attorney prior to making your statement even if you believe you have done nothing wrong. In most circumstances, the person being investigated does not believe he or she has done anything wrong, but a finding is made against the individual anyway.

Consider this example from an actual Missouri NEA case. A teacher was hotlined for allegedly “inappropriately touching students.” The teacher knew this was without merit, so she went to the interview alone. At the interview, the investigator asked the teacher if she ever touches students. She said, “Of course. At times when I am talking to a student, I will touch him or her on the arm. Or if I am trying to hurry a student into the room as the bell is ringing, I might touch the student on the small of the back to move him or her along.” The investigator concluded that the teacher admitted she touches students inappropriately. Although MNEA was ultimately successful in getting the finding set aside in circuit court, it took three years to do so, during which time the teacher’s life was in complete turmoil. If the teacher had sought the advice of counsel prior to making her statement and had been represented by counsel during the statement, the outcome may have been different.

Do not let this happen to you. You have the legal right to counsel before making these statements. As an MNEA member, you are entitled to an attorney in a DFS investigation. Take advantage of your rights.

Your duty to report

Educators are mandatory child-abuse reporters under Missouri law. This means that if an educator reasonably suspects that a child may be the victim of abuse or neglect, the educator must report that suspicion to the Division of Family Services. A reporter is immune from civil liability when reporting in these circumstances. However, failure to report is a class A misdemeanor, which is punishable by one year in the county jail and/or a $1,000 fine. A false report made with ill intent is also a class A misdemeanor.

by Jacqueline Shipma
MNEA Director of Legal Services