Will the penalty imposed by an arbitrator finding that a teacher used inappropriate language with his assistant principal and in front of eighth grade students be upheld?

Yes. Petitioner middle school teacher, with an over 20 year unblemished disciplinary history, sought review of an arbitration hearing fining him $2400 and placing him in the ATR pool for using inappropriate language to an assistant principal and in front of eighth grade students. Justice Lobis of the New York County Supreme Court determined there was no basis in his challenge as the penalty did not shock the conscience.

In the first specification petitioner was charged with “stating to an assistant principal that if he had to explain his preparation to the principal again, he would “fucking kill her.” In addition, between September 1, 2014 and November 24, 2014, he allegedly, in the presence of one or more of his eighth grade students, used the phrases “fucking idiots,” “dumb ass kids,” “this damn kid is annoying,” “it’s the same shit over and over again with the same kids,” “damn,” and “hell.”

The second specification alleging similar profanity was partially dismissed due to procedure irregularities.

The arbitrator found the Assistant Principal credible and Justice Lobis affirmed his determination.

Garner v. City of New York, 2016 NY Slip Op 30589 – NY: Supreme Court (April 1, 2016)

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