Supreme Court rejected Plaintiff's petition seeking to vacate an arbitration award which resulted in the termination of Plaintiff's employment by Department of Education of the City of New York [Respondent] and granted Respondent's cross-motion to dismiss the Plaintiff's petition. Plaintiff appealed.
The Appellate Division unanimously affirmed the arbitrator's determination that Plaintiff's teaching performance was deficient during the relevant three-year period, that it was supported by adequate evidence, which included the testimony of school administrators and documentation.
Finding that the determination was rational, and not arbitrary and capricious the Appellate Divisions' decision noted that the record included written observational reports and testimony from school administrators and an independent peer evaluator demonstrating Plaintiff's inadequate teaching, Respondent's efforts at remediation, and Plaintiff's lack of improvement over the three-year period.
The Court opined that the evidence "showed that [Plaintiff] was "unwilling or unable to implement suggestions" despite substantial professional development opportunities.
Citing Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, the Appellate Division concluded that under the circumstances, termination was "not shocking to one's sense of fairness".
Click HERE to access the Appellate Division's decision posted on the Internet.