Can a probationary teaching assistant utilize the state whistleblower law to defeat a school district’s motion to dismiss her petition for reinstatement?

Yes. Civil Service Law Section 75-b, the public sector component of the state’s whistleblower law, protects public employees from termination if they report a violation of law, rule or regulation which violation creates and presents a substantial and specific danger to the public health or safety or which the employee reasonably believes to be true and reasonably believes constitutes an improper governmental action. The provision applies to tenured employees only in so far as it may be raised as a defense in a disciplinary arbitration (where a contract calls for that) and applies to probationers if they seek reinstatement from court.

Maureen Sheil began her probation as a teaching assistant in the Merrick Union Free School District in 2009. One of her colleagues was removed from her school after he was charged with possession of child pornography. Sheil became concerned that another of her colleagues, who still kept ties with the removed teaching assistant, supported the removed teaching assistant in such a way that she believed he presented a danger to students at her school. Sheil reported her concerns to the school’s administration only to be later targeted for what Sheil charged was retaliation for her complaint. Sheil was eventually dismissed by the school district.

Sheil raised Civil Service Law Section 75-b to claim that the dismissal was taken in retaliation for her reporting the association of her colleague with the removed teaching assistant.

Justice Denise Sher of Nassau Supreme Court found that Sheil had made a a viable claim and ordered the school district to answer her petition.

In the Matter of the Application of MAUREEN SHEIL, Petitioner, for a Judgment pursuant to Article 78 of the Civil Practice Laws and Rules, – against – DR. RANIER W. MELUCCI, Superintendent of Schools, Merrick Union Free School District, BOARD OF EDUCATION OF MERRICK UNION FREE SCHOOL DISTRICT, and MERRICK UNION FREE SCHOOL DISTRICT, Respondents, SUPREME COURT OF NEW YORK, NASSAU COUNTY, 2011 NY Slip Op 31242U; 2011 N.Y. Misc. LEXIS 2208, April 28, 2011

 

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