Was a tenured teacher’s conduct so egregious that, despite his 28 year unblemished record, his termination will stand?

Yes. Petitioner, a tenured teacher assigned to a co-teaching position for special education pre-k students was charged with several specifications involving forcibly restraining students, rolling a student off of a cot, inappropriately grabbing a student, spoke out during a professional development session, threatened a student with calling the police to put him in jail and that he received 10 disciplinary letters to his file.

While petitioner disputed the allegations he argued that the penalty of termination was not indicated since he had a 28 year record without a disciplinary history. The Hearing Officer disagreed and terminated him.

Upon appeal Justice Lynn Kotler affirmed the termination. Justice Kotler wrote, “petitioner’s length of employment does not outweigh the egregious nature of his conduct which was not merely an isolated incident but rather, can fairly be characterized as a pattern of irresponsibility, disregard, and poor judgment.”

PETER COHEN, v. THE CITY OF NEW YORK et al. 2017 NY Slip Op 30323(U), Docket No. 651730/16, Mot. Seq. No. 001. Supreme Court, New York County. February 17, 2017.

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