Monday, December 17, 2007
The "Probable Cause" Bomb By The DOE & The Union's Ignorance
The DOE has apparently expanded the definition of the "probable cause" section for teachers subject to 3020a proceedings. The "probable cause" section allows the DOE to suspend teachers for two months without pay. The union informed us that the "probable cause" section would only be used against teachers subject to felony arrest, sexual touching or repeated sexual talk. Seems fair if the police have a probable cause to arrest you or you deliberately touched a student in an inappropriate area (breast, ass, privates, inside thighs) or you repeatedly talked sexual things with the students you can be subject to the "probable cause" section of the contract.
However, lately the DOE and their investigating arms (OSI & SCI) are carving new ground on what is subject to the "probable cause" section", thanks to the failure of the UFT & NYSUT to challenge their perverted interpretation , that any touch or statement can, and will be determined to be sexual in nature.
Praise a student and use a word like kiss in a sentence and you can be subject to sexual talk.
Touch a shoulder or arm and you can be ac cussed of sexual touching.
You try to challenge a student to do better and the student doesn't like it, you can be ac cussed of sexual harassment.
Sounds crazy. How can anybody equate the above actions with the original intent of the "probable cause" section? Unfortunately Randi and her flunky, Leo Casey, convinced the members that only the most serious misconduct would apply to the "probable cause" section of the contract. When in fact it only takes an OSI or SCI investigator to state that he or she thinks it was sexual. Sure the teachers are allowed to try to rebut the SCI investigators (apparently not the OSI investigators). However, very few teachers win. The result is that the DOE has expanded the pool of teachers subject to the "probable cause". section.
Why haven't the UFT & NYSUT fought this expansion of the "probable cause" definition? I don't know. Maybe they don't care. Or worse, they are in agreement with the DOE and to keep the peace with the DOE, they just sacrifice some teachers. Whatever the reasons the unions are aiding and abetting the DOE in their attack on teachers.
While Randi dances with Bloomie her teachers are being suspended without pay for actions that no right-thinking people would find wrong. Thanks Randi, thanks a lot.