SPRING LAKE, Mich. — As the principal of Spring Lake High School remains on leave during an investigation, 13 ON YOUR SIDE looked closer at the process when it comes to the law, and what steps could happen next.
The Spring Lake Public School District is currently investigating Principal Mike Gilchrist and his handling of academic records.
Spring Lake Public School Superintendent Dennis Furton sent a letter to parents informing them of Gilchrist's status on Monday.
The district said they will not have any further comment until the investigation is complete, and at that time they will "share a fair and honest account of their findings."
Superintendent Furton declined to comment on the ongoing investigation, as did the district's school board. 13 ON YOUR SIDE also tried to call and go talk with Mr. Gilchrist in-person but have not yet gotten a response.
Western Michigan University Cooley School of Law Associate Professor Renalia DuBose is no stranger to the education system. Before joining WMU, she was an assistant superintendent, and spent more than 30 years as a public educator and 20 years in human resources. She now teaches education law at the school's campus in Tampa, Florida.
13 ON YOUR SIDE sat down with her to ask about the process of an investigation such as Gilchrist's.
DuBose explained that both the state and federal government have regulations to guard student data. On a federal level, school personnel with access to student records are bound by the Federal Education Rights Protection Act (FERPA), the which protects the privacy of student education records. That right is held by the parent until that child becomes 18 years old, and it allows them to inspect their records, amend their records if they're inaccurate, consent to disclosure and file a complaint with the U.S. Department of Education if there's a violation.
DuBose explained that a major part of FERPA is that student records can only be accessed by school personnel in order to enhance educational opportunities for students.
"So, test scores can go to the county office and transcripts can go to colleges," she said, "but you cannot access student records for personal reasons."
All states are held accountable under this federal regulation with the U.S. Department of Education. FERPA applies to any public or private elementary, secondary or post-secondary school and any state or local education agency that receives funds under an applicable program of the U.S. Department of Education.
DuBose added that each state also has their own Code of Ethics for the education profession. That means school personnel with access to student records are also bound by the Michigan Code of Ethics and its five principles.
"So, if you are an instructional person in the state of Michigan, you must adhere to those principles," said DuBose, "and in order to get there, you need to a certificate to hold one of those educational positions."
After the school's investigation is complete, if cause is found, an administrative hearing will be held. If it is found that a violation has been made, Gilchrist would be removed from his position and his certification would be withdrawn.
Right now, there is no criminal element involved with Gilchrist, but DuBose said that the process could uncover additional information as in any case.
"We don't say it can 'never' be criminal," she said, "because until you investigate, you don't know what happened. Was a child threatened? Was an employee threatened in order not to tell?"
DuBose added that is why the the process entails an investigation while the person is on administrative leave and an administrative hearing will take place if necessary.
"And that's required," said DuBose, "in order to not violate the 14th Amendment to the U.S. Constitution for the government to take your property, because a teaching or principle certificate is property as it allows you to work."
DuBose also explained that this process protects the rights of the accused person and their right to due process. That right allows a school official or administrator the chance to hear the allegations against them with notice, and the opportunity to share their side in a hearing as well.
"I always ask people how they would want to be treated," DuBose said. "If an allegation was made against you, and you knew in your heart that it was false, you would want that investigation."
"And no matter the outcome, you want to get it right," she added, "because you want to present fairness. Let the system work itself. The Code of Ethics for the state of Michigan and FERPA are very clear."
In a statement sent to 13 ON YOUR SIDE, the Michigan Department of Education (MDE) said the following:
"The Michigan Department of Education (MDE) expects all individuals who work with students to adhere to the Michigan Code of Educational Ethics. It is the school district's responsibility to ensure that any violation of the Code of Educational Ethics is provided due process and addressed through local board policies.
In particular instances, there are state and federal requirements:
In accordance with Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, Age Discrimination Act, Title VI of the Civil Rights Act, and Title IX of the Education Amendments of 1972, recipients of federal funding, including school districts, are required to have policies that prohibit discrimination on the basis of race, color, national origin, sex, disability, or age in its programs and activities. These policies should be made available to students, educators, and the public at large through means such as the district website and student and employee handbooks. Misconduct that violates these laws are required to be investigated in accordance with the district's written policies and procedures.
Additionally, in accordance with section (1) of MCL 722.623 - the Child Protection Law – teachers, school counselors, school administrators, nurses, social workers and others are required to report suspected child abuse and/or neglect as mandated reporters.
When MDE receives complaints such as these, MDE's usual process is to contact the employing district to ensure there is awareness of the complaint and remind them of the responsibility to investigate ethical complaints for individuals in their employ, as well as requirements to report to the appropriate agencies. We also may refer individuals to a specific agency to make a direct complaint.
In accordance with law, MDE is not authorized to act against an educator's credential until an individual is convicted of a crime, and then only in very specific circumstances. In some cases, MDE may forward a complaint directly to law enforcement, Children's Protective Services, or another agency."
"While many times there are no findings, educators understand that they are held to a higher standard than the general public," said DuBose, "because they are in charge of a parent's most prized possessions."
13 ON YOUR SIDE filed a Freedom of Information Act request to get a better understanding of what school officials are investigating. We are hoping to get those documents back by mid-February.
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