Educator terminated after being found guilty of berating and belittling less senior staff members

Educator terminated after being found guilty of berating and belittling less senior staff members
Matter of Denhoff v Mamaroneck Union Free School Dist., 2010 NY Slip Op 51742(U), decided on September 30, 2010, Supreme Court, Westchester County, Judge John P. Colangelo

Elizabeth Denhoff filed a petition pursuant to CPLR 7511* in an effort to vacate the findings and recommendations made by Hearing Officer Jay M. Siegel, Esq. The hearing officer found Denhoff guilty of 14 of 20 disciplinary charges filed against her by the District and recommended termination of her employment as a guidance teacher.

The District had alleged that Denhoff had “systematically berated and belittled less senior guidance counselors, criticized their work and threatened to negatively impact their careers” over the course of three academic years. The Hearing Officer had found that “Denhoff engaged in predominantly verbal conduct directed against fellow members of the Guidance Department that denigrated their respective intelligence and competence as teachers and obstructed their desire to work;” which he described as falling into one of four general categories:

1. Verbal criticism tending toward outright disparagement of the abilities of three fellow teachers, usually outside their presence.

2. Verbal and non-verbal criticism by eye rolling or other gestures - - that was either directed to such teachers or took place in such teachers' presence.

3. Attempts to impose "rules" upon or otherwise direct or influence the behavior of such teachers with respect to work hours, participation in extra curricular activities, and reporting matters to the school administration.

4. "Obstructing" the conduct of these teachers, generally with an eye toward inhibiting them from performing their work as guidance counselors, including certain activities that were above and beyond contractually required duties.

One portion of Judge Colangelo’s decision focused on the nature of Denhoff’s conduct, i.e.,”did her conduct amount to violations of the Education Law's proscriptions - - particularly in view of the fact that Denhoff's offensive behavior was that of a teacher without supervisory responsibilities, and was directed toward fellow teachers rather than towards a supervisor, student or parent.”

Because the hearing officer “failed to cite any specific provision of the Education Law violated by Denhoff or base his reason for the sanction imposed on a violation of any specific rule by which a tenured teacher must abide,” the court said this task “had been relegated to the arguments of the parties, and now to the judgment of the Court.”

As the school district conceded, Denhoff was not insubordinate since her actions were not directed at a supervisor, and since no physical violence or violation of the criminal law was shown. Rather, the district’s argument focuses on the general prohibition against "conduct unbecoming a teacher."

In this regard, the court noted that in Matter of Uniondale, 26 Educ. Dept. 498 501 (1987) the Commissioner of Education indicated that certain verbal conduct of a teacher however distasteful, is only deemed "unbecoming" if such conduct has a negative impact on the educational process. In Uniondale the Commissioner commented "Although the panel found that respondent expressed himself to his superiors in an antagonistic and discourteous manner, it held that such conduct does not constitute conduct unbecoming a teacher as long as [his] actions do not affect [his] ability to teach and are not disruptive."'

Denhoff argued that as her verbal assaults were not directed against a student or supervisor, but rather against her teaching colleagues, each act did not have such a significant impact on the educational process as to justify a finding that she had violated the Education Law by engaging in unbecoming conduct - - or, at the least, to merit the ultimate sanction of dismissal.

The court, however, said that Denhoff’s “atomistic approach, focusing on each instance of [her] misconduct in isolation, is at once misleading and misplaced. It is misleading because this approach ignores the cumulative detrimental effect of such behavior on the educational process. It is misplaced because the Hearing Officer and, ultimately, the Court are permitted to consider the totality of [Denhoff's] conduct and how it affected the educational setting and a teacher's ability to carry out his or her pedagogical responsibilities.”

Judge Colangelo, considering “the totality of the circumstances,” said they amply support the Hearing Officer's conclusion that Denhoff, in league with her fellow senior guidance counselor Haruko Hirose,** created a toxic and disruptive environment within the Hommocks' Guidance Department.

As to an appropriate penalty, Judge Colangelo agreed with the hearing officer and said that the school district “ has just cause to terminate [Denhoff’s] employment.” “Indeed,” said the court,” to not confirm the Hearing Officer's decision under the circumstances that obtain herein - - where the penalty of dismissal is not shocking to the conscience or to a "sense of fairness"*** - - would impermissibly substitute the Court's judgment for that of the Hearing Officer who saw, heard and evaluated the testimony of all of the witnesses, including Denhoff.”

* See §3020 - a (5) of the Education Law

** The District also brought charges against Haruko Hirose, another member of the Guidance Department, who resigned her position before any hearing was commenced.

*** The Pell Doctrine, Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222

The decision is posted on the Internet at: http://www.courts.state.ny.us/reporter/3dseries/2010/2010_51742.htm

==========================================
If you are interested in learning more about disciplinary procedures involving public officers and employees, please click here: http://thedisciplinebook.blogspot.com/
===========================================
NYPPL