Legal Question Of The Week - 1/31/13
By Attorney Thomas B. Mooney, Neag School of Education, University of Connecticut
The "Legal Question of the Week" is a regular feature of the CAS Weekly NewsBlast. We invite readers to submit short, law-related questions of practical concern to school administrators. Each week, we will select a question and publish an answer. While these answers cannot be considered formal legal advice, they may be of help to you and your colleagues. We may edit your questions, and we will not identify the authors. Please submit your questions to: legalmailbag@casciac.org
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Dear Legal Mailbag:
A teacher complained that one the custodians in my school was bothering her by hanging around her room and looking at her “funny.” I asked her if she wanted me to facilitate a meeting between her and the custodian to resolve her concerns. However, she told me that I should handle it. As a supportive administrator, I was only too happy to go ahead and meet with the custodian. However, while the custodian wasn’t exactly rude, he told me in no uncertain terms that he wouldn’t be meeting with me, and that I should address any questions I have to his lawyer (who I think is his brother-in-law). I put a call into the lawyer, but I am wondering if I really have to talk to his lawyer. After all, what would the lawyer even know? He wasn’t in the classroom with the teacher.
Signed,
Legally Challenged
Dear Challenged:
You do not have to put up with this nonsense. You have every right to talk to the employees whom you supervise. This request is particularly unreasonable because, as you note, the lawyer wouldn’t have any information about the situation at issue. Sometimes, employees request that they be permitted to bring their lawyer to meetings when you are asking questions and the employee reasonably fears for his or her job security. Employees are entitled to union representation at such meetings. But the employee is not entitled to legal counsel at such meetings with you unless the school district attorney is attending as well. Moreover, at any such meeting, you can insist upon the employee answering questions him- or herself. A union representative has the right to clarify questions and to caucus privately with the employee before he or she answers any questions. A union representative, however, may not be a mouthpiece and interfere with your right to hear responses directly from the employee.
The "Legal Question of the Week" is a regular feature of the CAS Weekly NewsBlast. We invite readers to submit short, law-related questions of practical concern to school administrators. Each week, we will select a question and publish an answer. While these answers cannot be considered formal legal advice, they may be of help to you and your colleagues. We may edit your questions, and we will not identify the authors. Please submit your questions to: legalmailbag@casciac.org
_____________________________________________________________________________
Dear Legal Mailbag:
A teacher complained that one the custodians in my school was bothering her by hanging around her room and looking at her “funny.” I asked her if she wanted me to facilitate a meeting between her and the custodian to resolve her concerns. However, she told me that I should handle it. As a supportive administrator, I was only too happy to go ahead and meet with the custodian. However, while the custodian wasn’t exactly rude, he told me in no uncertain terms that he wouldn’t be meeting with me, and that I should address any questions I have to his lawyer (who I think is his brother-in-law). I put a call into the lawyer, but I am wondering if I really have to talk to his lawyer. After all, what would the lawyer even know? He wasn’t in the classroom with the teacher.
Signed,
Legally Challenged
Dear Challenged:
You do not have to put up with this nonsense. You have every right to talk to the employees whom you supervise. This request is particularly unreasonable because, as you note, the lawyer wouldn’t have any information about the situation at issue. Sometimes, employees request that they be permitted to bring their lawyer to meetings when you are asking questions and the employee reasonably fears for his or her job security. Employees are entitled to union representation at such meetings. But the employee is not entitled to legal counsel at such meetings with you unless the school district attorney is attending as well. Moreover, at any such meeting, you can insist upon the employee answering questions him- or herself. A union representative has the right to clarify questions and to caucus privately with the employee before he or she answers any questions. A union representative, however, may not be a mouthpiece and interfere with your right to hear responses directly from the employee.