Will a sexual misconduct complaint justify a 20 year tenured teacher’s termination?

Yes. Luis Villada, a tenured teacher assigned to Multicultural High School was the Chapter Leader at his school when he was charged with sexual misconduct upon a fellow teacher and interfering with an OSI investigation. The arbitrator, Haydee Rosario found that the allegations of hugging and kissing a fellow teacher on her mouth were substantiated. After applying the Pell v. Board of Education standard to the DOE’s request to terminate Vilada, the arbitrator found that while Vilada’s record was unblemished after over 20 years the harm that his sexual misconduct caused his colleague warranted his termination.

Justice Margaret Chan affirmed. She found that the penalty of termination did not shock the conscience or was arbitrary and capricious.

Luis Vilada v. City of New York

Does the termination of a dean of discipline for excessive corporeal punishment “shock the conscience” of the court?

Yes. A dean of discipline of a middle school in a gang-infested area of East New York, Brooklyn, was brought up on 3020-a charges of excessive corporeal punishment stemming from allegations that he placed an 11 year old in a headlock and threw a 13 year old against the wall. The dean denied both allegations and despite his statements the hearing found his story to be completely untrue and terminated him.

In a 3020-a hearing the Court will usually accept the facts as found by the arbitrator. The penalty, however, is held to a standard enunciated under Pell v. Board of Education. While this standard is less than precise it generally will defer to the arbitrator’s decision, after a full review of the teacher’s record, unless it “shocks the conscience” of the Court. In Principe v. Department or Education, it did.

The DOE argued that other cases of a single incident of corporal punishment which resulted in termination had been previously upheld by the Court. Both the Appellate Division, First Department and the Court of Appeals disagreed. In this case Peter Principe’s position of dean of discipline at a troubled middle school had to be taken into consideration. The cases cited by the DOE involved teachers in non-dean roles. Additionally the Appellate Division found, and the Court of Appeals affirmed, the arbitrator was totally biased against Principe and should not have discounted his whole testimony.

In the Matter of Peter Principe, Respondent, v New York City Department of Education, Appellant. 6289, 116031/09. SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 94 A.D.3d 431; 941 N.Y.S.2d 574; 2012 N.Y. App. Div. LEXIS 2490; 2012 NY Slip Op 2560 April 5, 2012, Decided.

In the Matter of Peter Principe, Respondent, v New York City Department of Education, Appellant. No. 240 SSM 41, COURT OF APPEALS OF NEW YORK, 2012 N.Y. LEXIS 3632; 2012 NY Slip Op 8568, December 13, 2012, Decided

Will a one year suspension for verbal abuse to fellow staff members, parents and students be upheld?

Yes. Leslie Drucker is a tenured special education teacher at Unity High School with previous employment as an OSI investigator. She was served 3020-a charges for various verbal abuse allegation as well as “knowingly and inappropriately inject[ing] herself into a confidential investigation by the Commissioner of Special Investigations.

The arbitrator found against Drucker on 4 of the 5 charges and suspended her, without pay, for one year after taking into consideration her satisfactory employment history and evidence that she had voluntarily helped students.

Although Drucker raised issues concerning the failure of the DOE to vote for probable cause and the alleged bias of the arbitrator, Justice Barbara Jaffe found no due process violations and found her one year suspension did not shock the conscience of the Court. The petition was dismissed.

In the Matter of the Application of LESLIE DRUCKER, Petitioner, for a judgment pursuant to Article 75 of the C.P.L.R. -against- THE NEW YORK CITY BOARD/DEPARTMENT OF EDUCATION, Respondent. 112638/10 SUPREME COURT OF NEW YORK, NEW YORK COUNTY, 2011 NY Slip Op 31313U; 2011 N.Y. Misc. LEXIS 2366, May 13, 2011, Decided