In the case where the Commissioner for Teacher Regulation believes that more information on a complaint or report is
required to make a proper determination, he may order that an investigation
The investigation is an objective, non-adversarial, information-collecting process.
The goal of the investigation is to obtain sufficient information, including the
certificate holder's response, for the Commissioner to make a fair and well-informed
decision about the case. Information is gathered by way of documents and interviews
and summarized in an investigation report.
The Commissioner must provide written notification of an investigation to the certificate
holder who is the subject of the investigation, the person who sent the report or
complaint, and the board of education or independent school authority that employs
the certificate holder.
During the course of an investigation, the Commissioner may consider any previous
decisions not to take further actions, previous investigations, previous consent
resolution agreements, including any findings and/or disciplinary actions taken under the Teaching
Profession Act concerning the certificate holder under investigation.
The Commissioner may require a person during an investigation to give evidence on
oath or affirmation or in any other manner, or to produce documentation or other
item in the person’s possession or control if it is relevant to the investigation.
The Commissioner may apply for a court order directing a person to comply with the
For the purpose of the investigation, the Commissioner, or his delegate,
has the authority to:
- Enter the building of a public school or of an independent school or any other building
used in conjunction with the school or offices of the board of education or independent
school authority, or any part of them
- Inspect any record of a board of education or of an independent school authority, or
- Interview any employee of a board of education or of an independent school authority,
the authorized person who is the subject of the investigation, the person who sent
the report or complaint and any other person the Commissioner considers may have
Following an investigation, the Commissioner may then decide to:
- Take no further action providing reasons to the person who made the complaint or report, the certificate holder, and the school district or independent school authority employer
- Make or accept a proposal for a consent resolution
- Issue a citation for a hearing, or
- Order a further investigation.
If the Commissioner thinks there is a serious risk to the health or safety of students, the Commissioner may order that the certificate for the person in question be suspended until the final outcome is determined by a hearing or consent resolution.