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Garrity Rule Statement

Garrity Reminder For Members 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, at the direction of an administrator, a teacher must answer questions or give a statement during an investigation of a school-related matter.  Failure to follow the 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 the administrator during the investigation.   Occasionally, the submission of such a statement to the school district may make the teacher open to criminal charges (failure to reports child abuse, theft, assault, battery, and any number of sex crimes.).  KNEA suggests 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. "On                                    , 2009, at            , at ____________________________________,                        (Date)                                (Time)                      (School or other location) I was directed to prepare this statement by ____________________________________                                                                                       (Name and Position).   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 and all purposes, I hereby specifically reserve my constitutional rights to remain silent under the Fifth and Fourteenth Amendments to the United States Constitution to 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), Gardener v. Broderick 392 U.S. 273 (1968), and other cases, should this statement be used for any other purpose of any kind or description.  
Teacher Name and Date  
Administrator Name and Date
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