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Garrity Rights

Garrity Rights

  

As a condition of employment, a teacher is required to follow school district policies and procedures as well as federal and state law.  There are times when a teacher must answer questions or give a statement during an investigation of a school-related matter at the direction of an administrator.  Failure to follow such an administrative directive may make the teacher subject to disciplinary action for insubordination – refusal to obey.  Teachers may also be disciplined for providing false information or for lying to his/her administrator.

 

Occasionally, the submission of such a statement to the school district may make the teacher open to criminal charges (failure to report child abuse, theft, assault, battery, and any number of sex crimes).  KNEA suggest that you include the following when making statements or submitting reports when you are suspected of a violation of the law or of the school district’s rules and regulations.  By doing so, you will enhance the likelihood that your statements and reports cannot be used as evidence against you in any criminal proceeding.

  Suggested Garrity Rights language that must be invoked by the member. On (date), 2009, at (time), at (school or other location), I, (name of teacher), was directed to prepare this statement by (name of person). I submit this statement involuntarily as a condition of continued employment.  It is my belief and understanding that my employer requires this statement solely and exclusively for internal purposes and will not release it to any other agency or authority.  It is my further belief and understanding that this statement will not be released to – or used in – any subsequent proceeding – other than disciplinary proceedings within this school district. For any other and all purposes, I hereby specifically reserve my constitutional rights to remain silent under the Fifth and Fourteenth Amendments to the United States Constitution and the Constitution of the State of Kansas and under all other rights provided by law.  Further, I rely specifically upon the protection afforded to me under the doctrines set forth in Garrity v. State of New Jersey 385 U.S. 493 (1967), Spevack v. Klein, 385 U.S. 511 (1967), Gardner v. Broderick 392 U.S. 273 (1968), and other cases, should this statement be used for any other purpose of any kind of description.                                                                              ____________________                                                                   Signature of teacher                                                                                                                                                                                                                  
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