Will the termination of a tenured ATR be upheld when he engaged in conversations with students about college and internships that did not offend these students?

No. A substitute teacher covering a double-period class for high school senior students, participated in conversation with a group of the students concerning their college choices and post-graduation internship plans. During the conversation, the teacher offered to serve as a contact point for a potential internship at a media company for a female student who had expressed an interest in film and media. The student testified at the arbitration hearing that she appreciated this and was not offended by the offer. When a male student then indicated that he did not want to do an internship or work during the summer after graduation, the teacher whispered to the female student something to the effect of “watch how they react to this,” and proceeded to tell the students about a valuable internship experience he had before he went to college. The female student also was not offended by this. When another male student expressed his interest in attending a college that was widely reported to be a “party school,” petitioner asked him something to the effect of, “so you’re the type to party with,” or “you want to go to school to party.” The student testified that he was “not offended in any way” by the comment. Rather, the several students who testified generally indicated that they enjoyed the class and found it to have been more interesting than expected from a substitute.

The teacher was terminated by the arbitrator and he appealed. Supreme Court Justice Margaret Chan denied the teacher’s petition finding that while the incident itself may not have been grounds for termination the teacher had a prior disciplinary history involving student teaching and thus taken as a whole the conduct merited termination.

The Appellate Division, First Department, reversed. The Court could not find any rule prohibiting the teacher from engaging in these conversations and thus his termination shocked the conscience and could not be sustained.

In re Jonathan Polayes, Petitioner-Appellant, v City of New York, at al., Respondents-Respondents, 12649, 156710/12, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2014 N.Y. App. Div. LEXIS 3905; 2014 NY Slip Op 3958, June 3, 2014

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