Teachers 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:
Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro,Huber Heights, Oakwood, Beavercreek, Centerville