Oral and physical abuse of students results in termination of the educator
2015 NY Slip Op 04414, Appellate Division, First Department
2015 NY Slip Op 04414, Appellate Division, First Department
Supreme Court sustained an arbitration award that found a teacher [Petitioner] guilty of conduct described in the opinion as oral and physical abuse of students and the oral abuse of one student's parent and the imposition of the penalty of termination of the Petitioner's services. The decision notes that such abuse “continued for a period of three academic years, even after several letters were placed in [Petitioner's] file memorializing the complaints.” Also noted was the fact that one such memorial warned that further incidents could lead to Petitioner’s termination.
The Appellate Division unanimously affirmed the Supreme Court’s determination, commenting that “The termination of [Petitioner's] employment does not shock our sense of fairness” in view of what the court described as Petitioner’s not taking responsibility for his actions, repeatedly denying most of the incidents despite corroborating evidence, and has shown no remorse.
The court said that that the hearing officer, after considering Petitioner's long, otherwise satisfactory tenure and the principle of progressive discipline, properly found that Petitioner's repeated misconduct and the several occasions on which he was warned about it “to no avail” rendered imposing the penalty of termination to be appropriate.
The decision is posted on the Internet at:
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