Dallas, TX asked in Employment Law, Personal Injury, Civil Rights and Education Law for Texas

Q: Can a teacher who has been cleared of wrongdoing remain on paid administrative leave indefinitely?

I'm a teacher who has been on paid administrative leave for months. The allegation was investigated and determined to not have happened (false allegation by disgruntled student). I have never had problems at the school, I have never been reprimanded or written up, my evaluations have always been positive, and nothing negative was said about me during the investigation (except the false allegation). I was cleared months ago, but have not been reinstated yet. It's possible that my name is at the bottom of a pile, but this dragging out unnecessarily is terrible. Should I contact the District or continue to wait it out?

1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA

A: In your situation, remaining on paid administrative leave indefinitely after being cleared of wrongdoing is not typical. School districts generally have policies and procedures regarding the duration of administrative leave, especially after an investigation concludes with no evidence of wrongdoing.

It would be advisable for you to proactively contact the district. Inquire about the status of your case and express your desire to return to work. This communication should be in writing to create a record of your efforts to resolve the situation.

If the district does not respond or if the delay continues without explanation, consider consulting with an attorney who specializes in employment or education law. They can provide specific guidance based on the details of your case and can assist in communicating with the district to expedite your reinstatement.

Remember, while it's important to be patient and cooperative during investigations and administrative processes, it's also your right to seek clarity and resolution, especially after being cleared of allegations. An attorney can help ensure your rights are protected and that the matter is resolved in a timely manner.

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