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Thursday, May 22, 2014

Teacher’s prior unblemished record of service did not mitigate imposing termination as the penalty after being found guilty of professional misconduct and other charges


Teacher’s prior unblemished record of service did not mitigate imposing termination as the   penalty after being found guilty of professional misconduct and other charges
2014 NY Slip Op 03210, Appellate Division, First Department
A tenured schoolteacher [Teacher] was found guilty of a number of disciplinary charges alleging professional misconduct, neglect of duty, failure to follow procedures and carry out duties, and incompetent and inefficient service during two school years over a two-year period.

Teacher challenged the Department of Education’s decision to terminate her. Supreme Court vacated the termination and remanded the matter to the Department for its determination of a lesser penalty.

The Appellate Division reversed the lower court’s ruling, noting that the Hearing Officer upheld many of the charges and specifications lodged against Teacher, which findings were not challenged on appeal.

Furthermore, said the court, the evidence showed that notwithstanding Teacher's prior unblemished record of service, she continued to blame others and refused to accept responsibility for her failure to effectively manage her classroom and deliver effective instruction and was unwilling to implement any of the school administration's suggestions for improvement.

The Appellate Division held that under the circumstances the penalty of termination “does not shock one's sense of fairness,” applying the so-called Pell standard [Pell v Board of Education, 34 NY2d 222].



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A Reasonable Disciplinary Penalty Under the Circumstances - A 600+ page guide to penalties imposed on public employees in New York State found guilty of selected acts of misconduct. For more information, click on http://booklocker.com/books/7401.html
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Handbooks focusing on New York State and Municipal Public Personnel Law:

The Discipline Book - A 458 page guide to disciplinary actions involving public officers and employees. For more information click on http://booklocker.com/books/5215.html

The Layoff, Preferred List and Reinstatement Manual - a 645 page e-book reviewing the relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://booklocker.com/books/5216.html

The Disability Benefits E-book: - This 810 page e-book focuses on disability benefits available to officers and employees in public service pursuant to Civil Service Law §§71, 72 and 73, General Municipal Law §207-a and §207-c, the Retirement and Social Security Law, the Workers’ Compensation Law, and similar provisions of law. For more information click on: http://section207.blogspot.com/

A Reasonable Penalty Under The Circumstances - a 618-page volume focusing on New York State court and administrative decisions addressing an appropriate disciplinary penalty to be imposed on an employee in the public service found guilty of misconduct or incompetence. For more information click on http://booklocker.com/7401.html

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