DUI & Teachers

Teachers & OVI: Do I Report an OVI?

September 9th, 2013

teachers, ovi

You Don’t Need To Report

Teachers, if you have an OVI (drunk driving) conviction, you may be worried about your career.  We have represented many teachers and strive to have every OVI reduced or dismissed so that it cannot have an adverse impact on your future.  One question we frequently encounter is, “Do I have to report and OVI conviction on my application?”  The answer is NO!

A great OVI resource for teachers is the Ohio Educator Conduct FAQ provided by the Ohio Department of Education’s Office of Professional Conduct.  It states, 

Do I have to indicate an OVI or DUI conviction on my application?

A conviction for operating a motor vehicle while intoxicated (OVI) or driving under the influence (DUI) is a traffic offense and therefore does not have to be reported on an application.

There are other great answers on this page and we highly recommend that teachers consult this page for information about what information needs to be disclosed on your professional application regarding OVI.  Having served two terms on my local school board, I know how much teachers impact our kids.  I know that without great teachers I could not have seen the path to law school.  I will go the extra mile to make sure that your dream of educating kids is fulfilled.  An OVI will not stand in your way.

Ohio DUI/OVI Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App (here) or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

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Teachers and OVI: Will You Lose Your Teaching License?

August 19th, 2013

teachers and oviTeachers and OVI: Will You Lose Your License?

We help teachers charged with OVI.  This article will give you some perspective on whether or not an OVI (drunk driving) charge will result in the loss of your teaching license.  The good news is that the answer is “NO.”

Ohio gives the State Board of Education great discretion in licensing and disciplining educators and dealing with teachers and OVI.  Pursuant to O.R.C. 3319.31, the State Board of Education has authority to deny an educator’s application for a teaching license or to suspend, limit or revoke a teaching license.  They “triggers” for disciplinary action are set forth in O.R.C. 3319.31 and include conduct unbecoming the teaching profession, convictions (or guilty pleas) to any felony offense, misdemeanor sex offenses, offenses of violence, theft offense or drug abuse offense.

For teachers facing an OVI/drunk driving charge, the State Board does not automatically begin an investigation.  Teachers and OVI charges will not usually trigger an investigation. In practice, unless an interested administrator, citizen or fellow teacher notifies the Board, they will not take action against a teacher for a first offense OVI charge.  This is advisory as the law would seem to allow for an investigation under the conduct unbecoming language in O.R.C. 3313.31 if a citizen or colleague were persistent enough to bring the matter to prominence.  The more extreme the conduct, the more likely an investigation will happen.

A formal investigation can result in several types of disciplinary actions for teachers and OVI charges.

Letter of Admonishment: This is a public record that remains a part of a teacher’s disciplinary record.  It formally admonishes the teacher’s misconduct and provides an permanent record of the proscribed conduct.

Consent Agreement: This is a formal settlement agreement between the teacher and the State Board of Education.  They are designed to address the conduct and to establish a path to rehabilitation.  The Consent agreement can include a suspension of the educator’s license, but vary depending on the circumstances of the behavior.  Like a Letter of Admonishment, the Consent Agreement remains a permanent public record as part of the educator’s disciplinary file.

Limitation: The State Board of Education can impose limitations on an educator’s license limiting the type of activities the educator can perform.  A Limitation can also include proscriptions on physical locations that an educator can perform duties.  A Limitation is a public record that remains a part of the teacher’s permanent disciplinary file.

Supension: A suspension denies an educator the right to perform any educational activities or duties that require a license through the Ohio Department of Education for a specific period of time, not to exceed five (5) years.  After the suspension period, the license is reactivated if the educator can demonstrate compliance with any educational requirements and other conditions contained in the State Board’s order, and the license’s original expiration date did not occur during the suspension period.

Revocation:  The most severe punishment that an educator can receive is a revocation of their license.  If revoked, an educator may be allowed to reapply for a new license after the passage of a specific period, or the State Board may deem that teacher permanently ineligible to apply.  Obviously, this punishment is reserved for the most offensive and detrimental conduct.

Denial of Application:  An educator’s conduct may trigger a formal disciplinary action that denies their application for licensure.  If denied, the State Board will establish a minimum period of time before an application can be made.  If the activity is very serious, the State Board may declare an applicant permanently ineligible to apply for licensure.  The denial is a public record that will remain a part of the teacher’s permanent disciplinary file.

If you face an OVI charge, it is vital that you speak to a qualified and experienced OVI attorney right away.  We have represented teachers, administrators, classified staff, bus drivers and almost every other educational professional and we have helped countless professionals continue to help make kid’s lives better.  It helps that I served two terms on my local school board, which makes me uniquely qualified to help teachers.  I love to help teachers.

Ohio DUI Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  You can emailCharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

 Find city-specific Ohio DUI information about teachers and OVI in specific cities, please follow these links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville 

DUI and Teachers

August 14th, 2012

teacher and its importance

I have to admit to having a great admiration for teachers, school administrators, and school employees.  This admiration lead me to serve two terms on the Beavercreek School Board and it also motivates me to fight hard on behalf of those in the education profession who face a career-killing OVI offense.  Being arrested on suspicion of driving while intoxicated is a threat to anyone’s livelihood, but it can have a devastating impact on teachers and administrators.

TEACHERS AND EDUCATION MAJORS

First the good news, usually an OVI arrest will usually not result in disciplinary action – BUT IT CAN!  In Ohio, a Teacher, Principal, or School Administrator, who is licensed by the Ohio Department of Education (ODE), may face Disciplinary Action for being arrested for DUI.  The circumstances surrounding the arrest may garner publicity if you are a well-known or long-tenured educator.  The internal politics of your school may cause a fellow teacher, a school board member or a member of the public to contact the Ohio Department of Education to trigger an investigation.  If an investigation is initiated, the Ohio Department of Education will not wait for an outcome, but will proceed to impose discipline independent of the outcome of your case.  Factors that may affect your DOE investigation may include whether the offense is a repeat offense, whether the offense involves illegal drugs and/or whether the case results in a conviction.   While there are no hard and fast rules, the more mitigation you are prepared to present to the DOE, the better the chance to avoid discipline and keep your job.

Teachers who are employed by a “union” district should immediately contact their union representative and a credentialed DUI attorney.  Your union representative and your DUI should work together to prepare a game plan that will protect your job, limit your sanctions and save your reputation.  Charles Rowland knows how school district view DUI allegations and is proud to have represented teachers, school administrators, and school employees accused of driving while impaired. Sometimes you need an attorney who is willing to fight all the way to a NOT GUILTY verdict on your behalf.

For education majors seeking their first job in a good district, Charles Rowland is able to put you in a good position to fight for a good start to your career.  We work closely with hiring professionals who want to know that a DUI experience is a story of redemption wherein the applicant is able to offer mature perspective as a result of his or her contact with the criminal justice system. We fight hard to make your education major matter.  Call Charles M. Rowland II at (937) 318-1384 or 1-888-ROWLAND.