Re: How could omitting something be a felony?
Posted by: Ze Povinho on 11/07/09
In at least one district I know of, it is a felony.
The application for that district (I am not saying all) states
that you certify, under penalty of perjury, that the information
you have submitted is true and complete.
As we know, perjury is a felony that is punishable with state
prison time (and therefore, loss of the teaching credential). A
good background investigator can pull out all of the jobs you have
had, and the applications state that even if you are hired,
omitting material information (in this case the job you had a bad
reference) is grounds for termination.
As always, I back up my statements with proof. Here is the link.
http://www.alhambra.k12.ca.us/employment/certificated_app.pdf
The key question is this:
Have you ever been dismissed, non-reelected, released or asked to
resign from a job? If yes, givename of employer and explain situation.
(Again, under penalty of perjury).
California:
PC 118
Penal Code
Penalty of Perjury
118. (a) Every person who, having taken an oath that he or she
will testify, declare, depose, or certify truly before any
competent tribunal, officer, or person, in any of the cases in
which the oath may by law of the State of California be
administered, willfully and contrary to the oath, states as true
any material matter which he or she knows to be false, and every
person who testifies, declares, deposes, or certifies under
penalty of perjury in any of the cases in which the testimony,
declarations, depositions, or certification is permitted by law of
the State of California under penalty of perjury and willfully
states as true any material matter which he or she knows to be
false, is guilty of perjury.
This subdivision is applicable whether the statement, or the
testimony, declaration, deposition, or certification is made or
subscribed within or without the State of California.
(b) No person shall be convicted of perjury where proof of falsity
rests solely upon contradiction by testimony of a single person
other than the defendant. Proof of falsity may be established by
direct or indirect evidence.
(Amended Ch. 950, Stats. 1990. Effective January 1, 1991.)
126. Perjury is punishable by imprisonment in the state prison
for two, three or four years.
-------------
Read the application. In some, you are allowing the district to
investigate the records they want from you.
Best to be truthful about your past.
Even if it is not a felony, if you are hired and later it is
discovered that you omitted a material fact (in this case, the
work history regarding that principal who gave a bad reference),
you are subject to things like termination.
Ze
On 11/07/09, Hermione wrote:
>
>
> Eric,
> I apologize for stating this again, but...
>
> I do not mean to argue with you in this time of stress, but I
> have to disagree with you on one point here and that is where
> you have stated, "Furthermore, he said that I shouldn't leave
> last year's experience off my resume, because that is
> considered falsifying information, and if caught, that is a
> felony."
>
> I just do not see how omitting ANY job or experience from one's
> resume in any field could ever be considered a felony. This
> sounds totally ridiculous. If I am wrong about this and it is a
> FELONY, somebody chime in and tell me so.
>
> And even if it were a crime, I am positive that there is no
> crime in simply stating that experience as follows:
>
> 4th grade Learning Support Teacher
> ABC School, DEF School District
> Anytown, NJ
> LIST THE SCHOOL DISTRICT AND THE PHONE NUMBER OF THE HR
> DEPARTMENT AND THAT'S IT. DO NOT INCLUDE THE PRINCIPAL'S NAME
> OR NUMBER OR ANYTHING.
> Description of the things you accomplished there and the
> experience you gained.
>
> My cooperating teacher during my student teaching was a wolf in
> sheep's clothing. She was destructive, emotionally unavailable,
> egotistic, etc. But in a way that one would never know it until
> it was too late. I list that experience on the resume but I do
> not include her name as a reference.
>
> Let us know how this works out if you want to,
> Best wishes,
> Hermione
Posts on this thread, including this one
- UPDATE: 2nd Grade LTS - SCREWED (My Final Post), 11/05/09, by Eric7100.
- Re: UPDATE: 2nd Grade LTS - SCREWED (My Final Post), 11/05/09, by Elyssa.
- Re: Eric - I don't mean to sound unkind, 11/05/09, by country hicks.
- Re: Those are fighting words........., 11/06/09, by Lafemme.
- Re: UPDATE: 2nd Grade LTS - SCREWED (My Final Post), 11/06/09, by J.
- Re: Eric - I don't mean to sound unkind, 11/06/09, by agrees with ch, r with a personal experience.
- Re: How could omitting something be a felony?, 11/07/09, by Hermione.
- Re: Reality Bites, 11/07/09, by Jeannie.
- Re: How could omitting something be a felony?, 11/07/09, by Ze Povinho.
- Re: UPDATE: 2nd Grade LTS - SCREWED (My Final Post), 11/08/09, by rbz.
- Re: Great post, rbz!, 11/08/09, by country hicks.