No. Jane Lewinter, a tenured science teacher taught for three years at East Bronx Academy. During her first year she was rated satisfactory. During her second year she suffered from intestinal problems as was absent from work for 2 separate 5 week periods and underwent surgery.
Starting with her return from her first Lewinter’s principal began frequent classroom observations accompanied by a large number of letters to her file. She was given an unsatisfactory rating.
The third year she received numerous observations and at least 73 letters to her file. She was charged with 12 charges which dealt with various classroom management and teaching effectiveness allegations. The matter was brought before Arbitrator Stephen m Bluth who found that half of the charges were either not actionable against Lewinter or lacked sufficient evidence to support.
In fashioning an award Bluth rejected DOE’s dismissal request and suspended Lewinter for six months without pay. Additionally he ordered that the DOE pay for classroom management classes on behalf of Lewinter and required that she attend.
Lewinter appealed to the New York State Supreme Court, Justice Judith J. Gische. Justice Gische found Bluth’s decision and award to be “Solomon-like.” She found that Lewinter’s satisfactorily rated first year at East Bronx Academy irrelevant and that Bluth’s award did not shock the conscience. The award was upheld.
Jane LEWINTER, Petitioner for an Order pursuant to Article 75 of the Civil Practice Laws and Rules, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Respondent., 36 Misc.3d 1213(A), 2012 WL 2877619 (N.Y.Sup.), 2012 N.Y. Slip Op. 51264(U), No. 100029/11. Supreme Court, New York County, New York. July 11, 2012.