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Reporting Educator Misconduct

The Department of Public Instruction (DPI) conducts formal investigations of licensed educators based on information received by the DPI that alleges immoral conduct on the part of the licensed educator. DPI typically receives this information through school district referrals, media reports, and individuals.  Further information on how to submit information follows below.

School Districts and Other Educational Agencies

Under "license or permit revocation; reports; investigations,"(Wis. Stat. 115.31), administrators are required to report to the state superintendent the name of a person employed by the educational agency who meets the statutorily-defined criteria in Wis. Stat. 115.31. Educational Agencies should use the License Review Referral Form PI-1620 when submitting the report via email to olsinvestigator@dpi.wi.gov.  In making a referral, please note the following:  

  • Educational agencies are required to include a complete copy of the licensee’s personnel file and all records related to any investigation of the licensee conducted by or on behalf of the educational agency when a referral to DPI is made - Wis. Stat. 115.31 (3).
  • Wisconsin open records law specifically allows the transfer of a record by the administrator of an educational agency to the state superintendent of public instruction – Wis. Stat. 19.356 (2)(d).
  • FERPA does not prohibit the release of the investigative materials to DPI, even if they contain student information.

Under Wis. Stats. s.115.31(1) the following definitions apply:

  • “Administrator” means the chief administrative officer of an educational agency. If the chief administrative officer is the subject of a report under this section, “administrator” means the presiding officer of the governing board of the educational agency or the secretary of the department in which the educational agency is located.
  • “Educational agency” means a school district, cooperative educational service agency, state correctional institution under s. 302.01, juvenile correctional facility, as defined in s. 938.02 (10p), secured residential care center for children and youth, as defined in s. 938.02 (15g), the Wisconsin Center for the Blind and Visually Impaired, the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, the Mendota Mental Health Institute, the Winnebago Mental Health Institute, a state center for the developmentally disabled, a private school, or a private, nonprofit, nonsectarian agency under contract with a school board under s. 118.153 (3) (c).

Others Reporting Educator Misconduct

Any member of the public may report educator misconduct via email to olsinvestigator@dpi.wi.gov.

Educator Misconduct Investigation Procedures

 

Educator misconduct investigation procedures are overseen by the Office of Legal Services at the Department of Public Instruction. In accordance with Wis. Stat. 115.31(6), upon receipt of a report from a school district administrator, the state superintendent shall:

  • Verify the conviction if the report indicated that the person was convicted of a crime as defined in Wis. Stat. 115.31.
  • Investigate to determine whether to initiate revocation proceedings.
  • Post on DPI’s website the name of the licensee who is under investigation.
  • During the investigation, keep confidential all information pertaining to the investigation except the fact that an investigation is being conducted and the date of the revocation hearing.
  • Maintain a record of all investigations that indicates the name of the licensee, the date the investigation began, the reason for the investigation, and the result of the investigation.
  • Post on DPI’s website, the name of the person whose license was revoked resulting from an investigation.

Additional Notes

  • The public can search if an educator is under investigation by checking the "License Status" field through the online License Lookup. Educators who are under investigation will have a status that says "Under Investigation."
  • In most cases, an employing school district will be aware that their employee is under investigation by DPI. However, in cases where DPI does not have employment information about the person under investigation, DPI will not be able to notify the employing school district.
  • Each allegation of misconduct is investigated and considered individually to determine if there is sufficient factual evidence to conclude whether the alleged behavior occurred and if any other conduct occurred.
  • Not all bad behavior or misconduct constitutes immoral conduct as defined in Wis. Stat. 115.31 (1)(c), nor does all bad and/or poor teaching practice/technique constitute incompetency.
  • Being under investigation by DPI does not invalidate a person’s valid license that has not expired.
  • If there are pending criminal charges, DPI usually holds its investigation open until the criminal case is concluded.
  • DPI usually holds its investigation open pending the outcome/conclusion of the school district’s employment/discipline process.
  • The standards for pursuing license revocation are defined in Wis. Admin Code PI 34.098.
Resources for School Districts
  • Model School Board Policy on Staff-Student Relationships and Professional Boundaries
  • If an educator is under investigation or has a revoked or surrendered license this will be noted on the educator's public record in license lookup.

Submit questions and comments about this information to the Licensing Online Help desk.