Educator Misconduct Investigation Procedures Overview

1. Upon receipt of a complaint, the investigator conducts an initial review of the information to determine if a full investigation is warranted.
2. A formal investigation is opened if it appears that the educator may have engaged in immoral conduct or incompetency, as defined by statute and administrative code. (Wis Stats §115.31(1)(c) and Wis Admin Code §PI 34.35(1)(c) and (d))
3. Once the decision is made to investigate, the investigator immediately (or as soon as practicable) updates the licensing database to reflect the status.
4. The investigator immediately (or as soon as practicable) sends a letter to the credential holder notifying him/her that an investigation has been opened and offering an opportunity to provide a written explanation and other supporting materials.
5. The investigator also contacts the complainant acknowledging receipt of the complaint and informing him/her whether an investigation will be undertaken.
6. The investigator sends a letter to the school district and (if applicable) to the district attorney's office and local law enforcement agencies requesting information and documentation. Information from other agencies may also be requested.
7. Care is taken by the DPI, when corresponding and communicating about an open investigation, to comply with the statutory requirement that an open investigation be kept strictly confidential.
8. If there are pending criminal charges, DPI usually holds its investigation open until the criminal case is concluded. This is done for the following reasons:
   • Police reports may not be able to be released until the conclusion of the criminal case.
   • An independent investigation could impede or interfere with the criminal prosecutor's case.
   • The outcome of the criminal case could affect the disposition of the educator licensing case. For example, a conviction could result in automatic license revocation.
   • Law enforcement has special investigative expertise and tools which could assist the DPI with its case.
9. The DPI usually holds the investigation open pending the outcome/conclusion of the school district's employment/discipline process. This is done for the following reasons:
   • The district may not be able to release all of the personnel and investigative records until the employment action is concluded.
   • The employment action could affect the disposition of the educator licensing case.
   • The district's employment decision can be very important to subsequent litigation because the standard for job termination is different than the standard of license revocation. As a result, the district must complete its action first.
   • Simultaneous investigations would be inefficient and could cause evidentiary issues in either or both venues.
   • The district has special knowledge of and easy access to the witnesses and the evidence, including student witnesses, making it more practical to develop the case at that level.
10. If a civil lawsuit is pending against a credential holder or district based on the credential holder's conduct, the DPI may hold the investigation open depending on the circumstances of the case.
11. While any formal actions are pending (criminal, civil, employment) the department will continue to request and receive information when it becomes available. The department will monitor the progress of any pending actions.
12. When possible, the department works with other entities to ensure that DPI has access to information as it becomes available and to educate other entities about the DPI process.
13. When a pending action is complete, the department collects any information produced in those actions, and conducts additional interviews of witnesses if necessary.
14. All investigation results are reviewed by the licensing team. After consideration of the facts and information, a decision is made to either seek revocation or to close the case finding no probable cause to revoke.
15. If a credential holder's license is revoked by the department, she/he has a right to appeal that decision at an administrative hearing.
16. If a case is closed because "No Probable Cause" is found to revoke, DPI is required by state statute to destroy the investigative files three years from the date the investigation was closed. (Wis Stats §115.31(6)(c))

Confidentiality of Investigation

Wis Stats §115.31(6)(b) requires DPI to keep all details of any pending investigation confidential.

• During the investigation, DPI is only allowed to indicate whether there is an open investigation and to disclose the date of any revocation hearing, if there is one scheduled.
• After the case is closed, the records pertaining to the investigation are available for release subject to Wisconsin's Open Records Law and its limitations.

For questions about this information, contact Courtney B. Spitz (608) 264-9339

Last updated on 7/8/2008 1:12:00 PM