Teacher’s Facebook posting results in disciplinary action

Teacher’s Facebook posting results in disciplinary action

Matter of Rubino v City of New York, 34 Misc 3d 1220(A)

This decision by State Supreme Court Justice Barbara Jaffee demonstrates the consequences that may result from a posting on an individual’s Facebook "wall". In this instance the posting led to charges alleging “misconduct, neglect of duty and conduct unbecoming her profession” being filed against the teacher.

Ultimately the disciplinary hearing officer found the educator guilty and the New York City Department of Education [DOE] terminatated the teacher from her position.

In considering the teacher’s appeal, although Justice Jaffee affirmed the hearing officer’s findings as to the educator’s guilt, she vacated the penalty imposed and remanded the matter to the Department for the purpose of its setting a lesser penalty.

This remand, said the court, was required in consideration of the teacher’s “15-year employment history with the DOE was unblemished before she posted the offensive comments, and she posted them outside the school building and after school hours.”

Under the circumstances, said Justice Jaffee, the educator’s termination is so disproportionate to her offense as to shock one’s sense of fairness, applying 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]. 

On remand the Hearing Officer, Randi Lowitt, Esq., determined that the penalty to be imposed should be a two-year suspension without pay. Hearing Officer Lowett's decision is posted on the Internet at:
http://www.parentadvocates.org/nicemedia/documents/Lowitt_second_decision.pdf.

Justice Jaffee's decision is posted on the Internet at:

http://www.courts.state.ny.us/reporter/pdfs/2012/2012_30246.pdf