Licensure Counsel I

Commonwealth of Massachusetts•Everett, MA

7d•Hybrid

About The Position

The Legal Office of the Department of Elementary and Secondary Education (DESE) advises the Board of Elementary and Secondary Education (BESE), Commissioner, and DESE staff on issues of education law, policy, and administration; works with the Attorney General’s Office on litigation; and oversees the Office of Professional Practice Investigations (OPPI). The Legal Office works together with all policy units to implement DESE’s Educational Vision. The Licensure Counsel I position in the Legal Office will join the OPPI team of lawyers and investigators who investigate alleged misconduct by applicants for licensure and licensees. Lawyers will prosecute these cases in administrative adjudicatory hearings, negotiate settlements, and carry out other related duties. The Licensure Counsel I reports to a Licensure Counsel III and works closely with the Deputy General Counsel and the Associate Commissioner of Investigations. The Licensure Counsel I investigates alleged misconduct by licensed educators and applicants for a Massachusetts Educator License; evaluates the evidence and circumstances of the alleged misconduct; prepares memoranda regarding relevant facts, applicable law, and disciplinary options; and represents Educator Licensure and OPPI in administrative adjudicatory proceedings before the Commissioner or the Commissioner's designee, including the Division of Administrative Law Appeals. The Licensure Counsel I also assists in providing guidance to school and district leaders in the areas of student protection and educator development, consistent with DESE regulations and applicable federal and state laws.

Requirements

Juris Doctor (JD) degree
Admission to the Massachusetts Bar
Some experience in legal research, legal writing, and legal procedures and processes.
One (1) or more years of experience practicing law
Excellent analytical, legal research and writing skills
Experience in the practice of law, ideally including some experience with administrative adjudicatory hearings, prosecuting and trying criminal cases, or license revocation cases
Strong interpersonal skills, including ability to establish rapport, motivate, and maintain positive and productive relationships with colleagues and clients from diverse backgrounds
Ability to understand, apply, and explain to non-lawyers the provisions of the laws, rules, regulations, policies, procedures, specifications, standards, and guidelines governing educator misconduct investigations
Ability to process and assimilate detailed factual information presented orally or in writing
Ability to understand the context for and implications of individual licensure matter and to exercise sound judgment
Excellent communication skills, orally and in writing, including ability to write and present clear, detailed reports as required
Ability to strategize and work with others to solve problems
Ability to handle matters with mature judgment and discretion
Strong organizational skills, including ability to manage assigned tasks and meet deadlines
Ability to work with confidential information and maintain the highest level of confidentiality
Ability to effectively manage caseload of licensure matters while balancing multiple and competing priorities
General knowledge of state and federal education laws and the culture, organization, and structures of public schools and districts
Strong computer skills and fluency with Microsoft Word
A current and valid Motor Vehicle Drivers License at a Class level specific to assignment.

Responsibilities

Investigate and evaluate allegations of misconduct by licensed educators.
Determine whether an investigatory subpoena is necessary.
Interview witnesses.
Gather and review available evidence.
Research applicable law and consult with relevant experts.
Coordinate with school districts and law enforcement agencies, investigatory and prosecutorial staff of the Attorney General and District Attorneys' Offices, and investigators from other jurisdictions and agencies relating to educator discipline.
Prepare legal memoranda to the Commissioner or their designee outlining recommendations, the underlying reasons for recommendations, the applicable law, and any other relevant details.
Prepare letters to show cause and notices of probable cause.
Represent Educator Licensure, OPPI, and DESE in adjudicatory hearings before the Commissioner or their designee, including the Division of Administrative Law Appeals.
Manage all phases of litigation including determining a reliable and appropriate legal basis and strategy to be used in bringing cases to resolution, determining which evidence and witnesses to present at hearing, preparing witnesses for testifying, researching and drafting motions and other documents related to litigation, negotiating with opposing counsel, and presenting DESE's case at hearing.
Present the relevant evidence and testimony in an informed and competent manner.
Effectively advocate.
Draft pleadings, motions, and memoranda.
Collaborate with colleagues to formulate recommendations for the Commissioner regarding policies, legislative changes, and regulatory changes.
Make recommendations concerning best professional practices to protect students and to evaluate and investigate educator misconduct.
Manage caseload with appropriate supervision in an efficient and effective manner, appropriately prioritizing work and meeting deadlines.
Meet regularly with other Legal Office and OPPI staff.
Provide recommendations on the course of action to be taken with regard to licensure matters to the General Counsel or her designee.
Assist in developing materials to guide school districts in investigating incidents of misconduct.
Represent the Commissioner and General Counsel at statewide and national meetings as needed.
Communicate and coordinate as necessary with other agencies including various District Attorneys' offices, the Attorney General's Office, the Massachusetts Department of Children and Families, the Massachusetts State Police, the Massachusetts Office of Inspector General and the Office of State Auditor, the U.S. Department of Education, the Federal Bureau of Investigations (FBI), and the Internal Revenue Service (IRS).
Perform other duties as assigned.
Travel throughout the Commonwealth is required for investigative interviews, court appearances, and other court and investigative matters.