The number of public school employees on leave after being accused of misconduct has dropped substantially after a push to ensure cases are resolved faster and discipline is appropriate.
Out of 22,000 school employees across the state, 37 were on paid leave as of March 4, while their cases are pending. That’s a big drop from 63 in December 2014 and a high of 120 in January 2013. Most of the current cases involve allegations of “inappropriate conduct toward students” by teachers.
Barbara Krieg, assistant superintendent for human resources at the state Department of Education, presented the data to the Board of Education’s Human Resources Committee on Tuesday.
In December 2014 the Hawaii State Teachers Association complained that cases were lingering for more than a year without resolution, tainting reputations of teachers who in many cases were eventually cleared. Board members have also pressed for action, citing the cost of paid leave.
Over the past year, the Department of Education has made a concerted effort to train administrators, develop guidelines for when it is appropriate to put people on leave, and expedite investigations.
In the vast majority of cases now pending, the employee has been out for six months or less, Krieg told board members. Investigations are also wrapping up more quickly, she said.
“So we are starting to see the results of the increased training and the results of the increased attention on these circumstances,” Krieg said. “We are encouraged by these results.”
Since September the number of employees on “department-directed leave” or “leave pending investigation” has hovered at about 40, she said.
Fewer employees are being placed on leave in the first place. In 2015, 62 people were put on leave in misconduct cases, down from 111 the year before and 106 in 2013.
“I think we’ve come to a better understanding of what would be appropriate conditions under which a person could be placed on such leave,” Committee Chairman Brian De Lima said.
The 37 pending cases involve teachers, custodians, security attendants, educational assistants and others. Allegations include inappropriate conduct, sexual harassment, failure to follow protocol and financial improprieties. Two teachers and one counselor are accused of having sexual relations with students.
De Lima maintained that some administrators still take too long to make decisions once investigations are complete — and he proposed a solution: “Have the person come to the board and explain why they haven’t made a decision.”
Board member Jim Williams said he appreciates the progress the department has made. He asked a hypothetical question, based on a case a few years ago that has since been settled: “If I’m a teacher and I did yell at a student and I did kick a desk, why would that be sufficient to put me on department-directed leave for six months to a year?” he asked. “That’s not the way to handle it.”
Krieg said such a case would be handled differently now. But she added that administrators don’t have all the facts at their disposal when they make the initial decision to put someone on leave pending investigation.
“It’s always a judgment call,” she said. “There are some cases in which if you are not sure and there is a risk of harm to students, you err on the side of protecting students.”
