At Bilello & Soowal, we represent educators across Florida who are facing investigations, complaints, or disciplinary action. One of the most common issues we see is confusion between what constitutes teacher misconduct and what amounts to poor judgment. The difference matters. One can cost you your teaching certificate, while the other may result in a warning or nothing at all.
Understanding this distinction is crucial for protecting your professional license, your reputation, and your future in education. Here, we will break down how misconduct is defined under Florida law, what examples tend to fall on either side of the line, and how a Florida teacher defense lawyer can help you navigate this complicated area of law.
How Florida Defines Teacher Misconduct
In the State of Florida, teacher misconduct is defined broadly under Florida Statutes § 1012.795 and enforced by the Florida Department of Education (FLDOE) and the Education Practices Commission (EPC). Misconduct includes any behavior that is deemed unethical, immoral, or that violates professional conduct standards.
Examples of misconduct include:
- Having an inappropriate relationship with a student
- Using illegal drugs or abusing alcohol on school grounds
- Misappropriation of school funds or property
- Physical or verbal abuse of a student
- Falsifying student records or exam scores
- Convictions for certain crimes, even if not committed in the classroom
When we defend teachers facing these allegations, we examine whether the conduct rises to the level of a statutory violation or merely reflects an error in judgment.
Misconduct usually involves a violation of established law, administrative code, or DOE rule. It can result in suspension, revocation of your certificate, or placement on the Disqualification List.
What Is Considered “Poor Judgment”?
Poor judgment, while serious, does not always equal misconduct. Teachers are held to high standards in and out of the classroom, and occasionally, they may make choices that are questionable, unprofessional, or ill-advised.
However, if the conduct does not violate law or specific DOE rules, it may not rise to the level of punishable misconduct.
Examples of poor judgment include:
- Engaging in unprofessional social media activity unrelated to students
- Making inappropriate jokes that are not targeted or abusive
- Using personal email or phone to communicate with students in a non-sexual, non-threatening way
- Expressing controversial political opinions on personal time
Poor judgment may lead to internal discipline by your school district, such as a letter of reprimand, professional development requirements, or reassignment. But it does not always lead to action by the EPC or result in the loss of your teaching certificate.
As education lawyers, we often argue that a teacher’s actions, while perhaps not ideal, were isolated, lacked harmful intent, and do not meet the criteria for formal discipline.
When Poor Judgment Becomes Legal Misconduct
The line between misconduct and poor judgment can be thin and difficult to define. One key factor is whether your conduct violates any specific rule found in the Florida Administrative Code or state statute. Another consideration is whether there was harm—or potential harm—to students, staff, or the public trust.
Here are some common scenarios where poor judgment becomes misconduct:
- Texting students: While a teacher may think a casual message to a student about homework is harmless, consistent private messaging without parental or administrative oversight can be construed as grooming or inappropriate behavior.
- Social media: Posting photos from a party where alcohol or questionable behavior is visible may not be illegal, but if students or parents see it and complain, the school district may view it as a violation of professional conduct standards.
- Off-duty conduct: Teachers can face certification discipline for arrests or criminal charges, even if they occur outside of school hours. A DUI arrest, for example, may be seen as demonstrating unfitness to teach under Florida law.
- Romantic relationships with students: Any form of romantic or sexual involvement with a student, regardless of age or consent, is treated as serious misconduct. Even the appearance of such a relationship can lead to immediate suspension pending investigation.
Our role as a Florida teacher defense attorney is to examine the facts, highlight mitigating circumstances, and show that the conduct does not rise to the legal threshold of misconduct.
Understanding the Role of the Education Practices Commission (EPC)
The EPC is responsible for hearing cases involving educator discipline in Florida. When the FLDOE investigates a complaint and believes misconduct occurred, it files an administrative complaint with the EPC. The educator then has several options:
- Accept a settlement agreement
- Attend a formal hearing
- Dispute the charges entirely
We often help clients respond to initial investigations long before the case reaches the EPC. However, if your case advances to a hearing, we work to present evidence that your conduct was an isolated lapse of judgment rather than a legal violation.
The EPC considers context, disciplinary history, remorse, and evidence of rehabilitation in reaching its decisions.
What Happens After a Report Is Filed?
If someone—a student, parent, administrator, or colleague—files a report against you, the process may move quickly. Here is what usually happens:
- The district conducts a preliminary investigation and may place you on administrative leave.
- The school board may report the matter to the Office of Professional Practices Services (OPPS) at the FLDOE.
- The FLDOE opens a formal investigation and gathers evidence.
- If probable cause is found, an administrative complaint is filed with the EPC.
- You may face disciplinary action ranging from a letter of reprimand to permanent revocation.
Teachers often assume that silence is the best option during this process. That is a mistake. We strongly recommend contacting a Florida teacher defense lawyer immediately after any allegation is made. Early legal intervention can mean the difference between preserving your certificate and losing your teaching career.
Your Rights as an Educator in Florida
Many teachers are not aware of their due process rights. If you are facing accusations of misconduct, you have the right to:
- Receive notice of any investigation or disciplinary action
- Review the evidence against you
- Respond in writing to allegations
- Be represented by an attorney
- Request a formal hearing before the EPC
- Appeal disciplinary decisions
We ensure you are informed and empowered at every step. Teachers deserve to be treated fairly, not judged solely on rumor or perception.
How We Help Teachers Across Florida
At Bilello & Soowal, we have represented teachers, administrators, and education professionals across the state. Whether you are accused of misconduct or are trying to correct a mistake before it becomes a career-ending issue, we provide clear, strategic legal advice.
Our services include:
- Defending teachers during EPC hearings
- Responding to certification investigations
- Appealing adverse disciplinary actions
- Advising on reinstatement after suspension or revocation
- Negotiating with school boards and DOE attorneys
We approach every case with the belief that educators deserve dignity, respect, and a second chance when appropriate. Many of our clients are exceptional professionals who made one poor decision. Others were wrongfully accused and need a strong legal voice to clear their names.
Do Not Face It Alone
Teacher misconduct investigations are serious. Even minor allegations can trigger investigations that put your job, income, and future at risk. If you believe your actions may be viewed as misconduct—or if you have already received notice of an investigation—contact us right away.
At Bilello & Soowal, our job is to protect your career, your name, and your livelihood. We understand the difference between misconduct and poor judgment, and we know how to present your side effectively.
If you are an educator facing disciplinary action, contact our office to speak with an experienced teacher defense attorney in Florida. Let us help you protect what you have worked so hard to build.
