Thursday, January 15, 2009
Why Are There No Consequences To The OSI & SCI Investigators When They Are Caught In A Lie By The Arbitrator?
In the 3020-a hearings the investigators from the Office of Special Investigations (OSI) and the Special Commissioner of Investigations (SCI) come in and testify against the teacher. In many cases their testimony is tainted by their poor investigation techniques that intimidate and lead scared students to give inaccurate and embellished statements that can help terminate the teacher. Further, these investigators will deliberately change or distort statements and events and feel no remorse that they did this.
These biased and flawed OSI & SCI reports are used by the DOE to file 3020-a termination charges against teachers. However, if the teacher is tenured the teacher due process rights kick in and the DOE must prove these charges with real evidence. It is at the 3020-a hearing that the problems with the investigator reports are found. When the investigator reads his report the NYSUT lawyer can rebut the report's findings and in many cases, especially SCI reports, find real holes and even lies in it. However, while the Arbitrator can let the DOE lawyer know how displeased she is with the investigator's report. Nothing will happen to the investigator. How many times do I hear that the OSI or SCI investigator gets caught in their own contradictions by either the NYSUT lawyer and Arbitrator only to have the DOE brush it off as if it is nothing. If the teacher is caught in a lie, expect termination but if the investigators lie , well better luck next time.
By the way SCI has maintained time and again that they are an independent agency and are not beholden to the DOE. However, who pays the Special Commissioner Of Investigations his salary and the SCI investigator salaries? Right! The DOE. You can find it here. You just can't make this up.