Will the suspension of teacher for speaking with the subject student of a corporeal punishment matter be upheld where the teacher was directed not to have contact with the student however the student was not immediately removed from the class?

No. The petitioner, a tenured teacher in the Roosevelt Union Free School District, was charged with misconduct for allegedly inappropriately putting his hands on a student, inappropriately attempting to grab candy away from the student, and ignoring a directive from the school principal not to discuss the allegations against him with the student, and directing the student to sign a prepared statement recanting the allegations. The charges proceeded to arbitration, resulting in a determination which suspended the teacher.

After the suspension was upheld by the Supreme Court, Nassau County, the teacher appealed to the Appellate Division, Second Department. The Appellate Division found adequate evidence in the record that the teacher inappropriately attempted to grab candy from the student and that he committed conduct unbecoming a teacher and was insubordinate when he directed the student to sign a prepared letter.

However, the Appellate Division found that there was no evidence to support the allegation that the teacher inappropriately put his hands on the student nor that he was insubordinate by discussing the incident with the student because the student was not immediately removed the class.

The matter was remitted to the arbitrator “for reconsideration of the penalty imposed.”

In the Matter of DOUGLAS S. WHITE, Appellant, v. ROOSEVELT UNION FREE SCHOOL DISTRICT BOARD OF EDUCATION, Respondent, NO. 8128/13, 2014-04134, Appellate Division of the Supreme Court of New York, Second Department. Decided February 22, 2017.

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