Refusing to accept work assignments constitutes insubordination and dereliction of duty
2014 NY Slip Op 01505, Appellate Division, First Department
Supreme Court denied an Article 75 petition filed by a New York City tenured teacher [Teacher] challenging a disciplinary arbitrator’s decision to terminate Teacher and dismissed the proceeding.
The Appellate Division affirmed the lower court’s ruling, explaining that the record indicated that Teacher “without reasonable or legitimate justification, continually refused teaching assignments” during the school year.
Such conduct, said the court, constitutes "insubordination and the dereliction of duties." As the arbitrator’s finding was “supported by adequate evidence in the record,” the Appellate Division said there was no basis upon which to disturb the credibility determinations of the Hearing Officer.
As to the penalty imposed by the arbitrator, termination, the court said that it did not shock its sense of fairness in light of the extensive nature of Teacher's insubordinate conduct throughout the school year. Such insubordination, said the court required the school to hire a substitute teacher to cover Teacher’s class. Further, noted the Appellate Division, Teacher’s refusal to admit to any wrongdoing indicated a likelihood of a recurrence of such insubordinate conduct.
The Appellate Division also noted that although the arbitration award was not issued in a timely manner, Teacher was not prejudiced by the delay.
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2014/2014_01505.htm