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I received notice of a teacher disciplinary action; does it mean I will definitely be disciplined?

A few days ago, I received notice from the school that a teacher disciplinary procedure had been initiated. The investigation has not even properly begun yet, but I am anxious that the mere fact of receiving the notice may mean the discipline has already been decided. People around me say that once a notice comes, it almost always leads to discipline, so I am very worried. I would like to know whether there is an opportunity to explain, what to be careful about during the investigation, and whether there is any way to avoid the teacher disciplinary action or lower its level at this stage.

Teacher disciplinary action

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Author: 정찬우

Hello. This is an attorney specializing in administrative matters at Daeryun Law LLC.

Receiving notice of a teacher disciplinary action does not mean that a disposition is immediately finalized.

Starting with the notice, discipline goes through the process of investigation, the submission of an explanation, and deliberation by the disciplinary committee, and this initial response can have a decisive effect on the outcome.

In particular, vague statements to the effect that you do not accurately remember the facts or that you thought it was not a big problem may be regarded as showing no sign of reflection and may instead work against you.

The disciplinary committee does not consider only whether there was misconduct but judges the matter comprehensively.

It confirms whether the conduct was intentional and the degree of the misconduct, and whether the person is a first-time offender or a repeat offender with a similar prior record, and it also closely reviews whether there are mitigating grounds such as usual diligence and a record of commendations.

In addition, whether there is a clear sign of genuine repentance in which one truly regrets one's wrongdoing is also an important criterion for judgment.

Therefore, before the investigation, it is essential to identify which rule the pointed-out conduct violates and to logically organize the parts of the facts that can be contested.

If you do not clearly distinguish the parts to be acknowledged from the parts to be defended, there is a high risk that grounds for teacher disciplinary action will be added unintentionally.

If you respond incorrectly at the early stage, even a matter that could be mitigated may lead to heavy discipline, so you must establish a strategy suited to the situation through a legal review.

If a refined response that takes into account the degree of the misconduct and your diligence is provided, there is ample room to avoid the discipline itself or to lower its level.

If you need a professional legal review of a teacher disciplinary action, we recommend that you actively protect your rights and interests with the help of an attorney specializing in administrative matters.