Is an arbitration award which dismisses only one charge ripe for review and does the 3 year limitations period apply to a charge under 3020-a which alleges a criminal charge?

Yes and Yes. Michael P Hogan submitted an employment application to the Hauppauge Union Free School District in 2006 which in 2010 the school district alleged he failed to disclose that he had previously held a probationary teaching position with another school district and resigned after allegations were made that he used corporal punishment and he would not receive tenure.

Educations Law 3020-a prohibits the bringing of charges against a teacher which are older than 3 years. In Hogan’s case the District argued that the exception contained in 3020-a which allowed the bringing of charges older than 3 years when they sounded in a criminal charge applied since the application allegedly violated Penal Law 175.30, offering a false instrument for filing in the second degree.

The arbitrator dismissed the charge and was ready to hear the remaining two charges when the district appealed.

The Appellate Division, Second Department found that the criminal allegation exception applied and reinstated the charge. Additionally they found that even though the arbitrator’s decision did not make a finding of all pending charges the matter was ripe for review since the arbitrator dismissed the most serious charge.

Hauppauge Union Free School District v. Hogan (September 11, 2013, Decided)

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2 thoughts on “Is an arbitration award which dismisses only one charge ripe for review and does the 3 year limitations period apply to a charge under 3020-a which alleges a criminal charge?

  1. Hi, my principal hired a retired principal, F status I assume . I was wondering if it was okay for him to ‘tag’ along with her when she does informal observations. Most of the tenured teachers are not comfortable with this. , Is this permissible under the new evaluation system especially because he was never a staff member in this capacity, He came with a charter school that shares our building, Now he is there under a grant he wrote to help increase attendance for chronic absenteeism. However. my teachers don’t agree with this .,Nor do we understand why he started to sit on the SLT without any notice or process .Any advice on this would be appreciated! lHave a great holiday, Thank you for writing all important information! Also, can a principal just hire consultants to walk around with her and go in and out of our classrooms? Theresa Massaro CL Bx

    Sent from my iPhone Terry

  2. While the DOE has procedures for who can evaluate teachers there are no regulations that I know of that limit or specify the number of “advisers” that are brought into a room for an observation. At some point it will become harassment, I imagine.

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