Can hearsay be the basis for a 3020-a finding that terminates a 28 year tenured teacher?

Yes. Petitioner, a 28 year special education teacher, was terminated after charges were brought against him for gross insubordination by yelling at, menacing and threatening his superiors, leaving students without supervision by a licensed teacher and other charges. Petitioner argued that the principal brought the charges solely in retaliation for petitioner’s reporting special education violations to the State and that there was no official policy against leaving students with a paraprofessional. He also claimed that the Hearing Officer’s decision was based entirely on hearsay and cannot support a determination that the charges against were sustained.

In dismissing the petition the Court found that, indeed, a 3020-a hearing founded upon hearsay can be the basis of its determination. Petitioner’s claim that there was no policy against leaving students with a paraprofessional was unavailing since he was “well aware of the rule that it is against Department and school policy to leave children without supervision of a licensed teacher as he had been disciplined before for the same infraction.”

Finally the Court sustained the Hearing Officer’s determination of termination since, as the Hearing Officer concluded, petitioner “does not think he did anything wrong. Additional training or remediation is a waste of time.”

JEFFREY LOSAK, Petitioner, v. THE CITY OF NEW YORK; NEW YORK CITY DEPARTMENT OF EDUCATION; CARMEN FARINA, CHANCELLOR of NEW YORK CITY DEPARTMENT OF EDUCATION, Respondents. To Vacate a Decision of a Hearing Officer Pursuant to Education law Section 3020-a and CPLR 7511. Docket No. 654452/2016, Motion Seq. No. 001. 2017 NY Slip Op 30964(U) Supreme Court, New York County. April 28, 2017. Filed May 1, 2017.

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