California Teacher Fired for Sexual Harassment Retains License and Re-employs

Jason Agan, a mathematics teacher in the San Francisco Bay Area, was dismissed in 2019 following an independent panel's determination that he was unfit to teach due to sexual harassment of students. Despite this finding, the California Commission on Teacher Credentialing did not publicly disclose the details of the case or revoke his license. Consequently, Agan was hired by two other schools, including a charter school, where he continued to face allegations of inappropriate touching. The state eventually issued a seven-day suspension in 2021, but the lack of transparency allowed Agan to remain in the classroom for years.

An investigation by KQED and ProPublica revealed that at least 67 educators with similar histories of sexual misconduct retained their licenses and continued teaching in California public schools. A review of records obtained by the news outlets identified cases where educators were not licensed for revocation after school districts determined they had sexually harassed students or committed other types of sexual misconduct. Of the educators whose licenses were not revoked, at least 14 were rehired by other schools, and at least 12, including Jason Agan, still work in education.

The state licensing agency, the Commission on Teacher Credentialing, stated that it automatically revokes credentials only when teachers are convicted of sexual criminal offenses, not when districts determine they have committed sexual misconduct. The CTC's disciplinary process is noted as unique among California licensing bodies for keeping reasons for discipline secret; while a red flag icon appears on the public database for Agan's suspension, the specific reasons are not disclosed. This opacity contrasts with other professions in California, such as doctors and lawyers, where disciplinary reasons are easily accessible.

In a specific case involving Agan at his second school, Ephraim Williams College Prep Middle School, a human resources consultant admitted to not finding any information about Agan's prior misconduct in Fairfield during a background check, despite the mother of an accuser reporting concerns. The consultant, who helped recruit the candidate, stated that no reasonable school district would hire someone with such a history, suggesting the vetting process failed to uncover the prior termination.

The Commission on Teacher Credentialing maintains that its authority balances protecting students with the legal rights of educators who have been accused but not convicted of specific crimes. However, critics argue that the current system fails to hold educators accountable for actions that could harm children, noting that the agency's process is less transparent than those governing dozens of other professions in the state.

While Agan's case highlights individual failures, the broader data suggests a systemic issue where the state has not revoked the professional licenses of educators after school districts determined they had sexually harassed students. The investigation calls for a reevaluation of how the state manages noncriminal cases of misconduct to ensure student safety.