One of the most corrupt process the DOE perpetrates on the teacher is the investigation process when allegations are made against the teacher. In almost all cases the investigation is biased and unfair and assumes the teacher is guilty. The DOE investigation process is to try to substantiate teacher guilt, no matter how frivolous the charges are. Credibility is assumed for the accuser, be it a student or an Administrator, while the teacher is presumed to be not credible. It is not about the truth for these investigators it is to "get the teacher" no matter what it takes. These investigators try their best to get teachers terminated and speaking with them just gives these investigators the tools to hang the teachers on their own words. Let's look at the corrupt DOE investigation process.Principal's Investigation: This is the least serious and the most corrupt of the investigations if the Principal does not like the teacher. The Principal investigates incidents that OSI and SCI dump back to them since they are not considered serious enough for the two investigative units to waste manpower on. However, the Principal is not an experienced investigator and will intimidate students or staff when doing the investigation. Furthermore, the Principal is prone to ask leading or misdirected questions that lead to erroneous statements. An example would be as follows:
Principal: "Did the teacher threaten to hit you"?
Student: "No".
Principal": Did you think the teacher could hit you"?
Student: "Yes"
Principal: So you were scared that the teacher could hit you"?
Student: "I guess so".
The Principal then directs the student to write a statement that he felt threatened by the teacher with physical harm. Therefore, the teacher is removed and is charged with A-420 (corporal punishment). You think that can't happen? Think again, it happens every day as principals target teachers they do not like or want in their school. You can find my take of A-420 (corporal punishment)and A-421 (verbal abuse) here. Because the DOE lawyers know about the poor interviewing skills by the Principal, they usually try to settle with the teacher for a fine and a course or two rather than presenting the case to the 3020-a Arbitrator.
Office Of Special Investigations: (OSI) Occasionally, the allegations of corporal punishment or verbal abuse is serious enough that OSI will do the investigation. The first question the OSI investigator asks the Principal is: "How do you feel about the teacher"? If the Principal does not like the teacher, the OSI investigator will substantiate the most frivolous of incidents as serious and ask for the teacher's removal. An example of this can be found in Betsy Combier's blog here and here where the OSI investigator, Dennis Boyle, lied when he substantiated the phony corporal punishment charges on teacher Glenn Storman. A subset of OSI is the Office of Equal Opportunity (OEO) and they investigate discrimination, gender bias, or sexual orientation issues. Usually the only time they give a fair investigation is when it is teacher vs. teacher.
Special Commissioner Of Investigations: (SCI) The most serious investigation is by SCI who have the ability to arrest the teacher. SCI is called in when allegations of a criminal or sexual nature is reported. The SCI investigators are semi-independent of the DOE. However, they are paid by the DOE and are listed in the DOE payroll by the City here. While, few teachers are actually arrested, these ex-police officers can show up unannounced at the teacher's residence, school, or vehicle hoping to get the teacher to talk. More about SCI can be found here and is required reading. The SCI investigators assume teacher guilt and will go to great lengths to substantiate teacher guilt. An example of how far SCI will go is the case of Teddy Smith where the SCI investigator substantiated the impossible. In other words he lied! You can find the shocking details here and on Betsy Combier's blog.
The Union Position On Investigations: The UFT position on investigations are as follows:
Meet with the Principal and a union representative (usually the Chapter Leader) about the findings of the Principal's investigation. Answer questions and follow the lead of the union representative in crafting your response.
Meet with the OSI investigator and a union representative (usually a retired union member, sometimes the District Representative) and answer the questions simply and directly unless the union representative tells you otherwise.
Never speak to an SCI investigator without a UFT supplied lawyer. If you are a tenured teacher, your lawyer will tell SCI not to contact you again and you will never talk to them under any circumstances.
My Position On Investigations: Give only simple yes/no answers to the Principal about the allegations leveled against you. If you choose to explain the allegation, make sure it is what you will also say in front of the 3020-a Arbitrator. Any inconsistency in statements by you can lead to termination. Remember they can lie but you can't!
As for both OSI and SCI? "Do not talk to them at all"! These investigators are out to get the teacher, truth and justice are irrelevant. Therefore, any defense you mount can and will be used against you by the investigators. Furthermore, the more you say the greater the chance you will give the investigators the ammunition they need to get you. Again, "do not talk to investigators"!
What the union must do to ensure fair and impartial investigations: Once a Principal calls in one of the investigative units, the union, by contract, will provide an independent investigator who will join the investigation and be allowed to ask any witnesses the same questions the DOE investigators ask. If the independent investigator agrees with the DOE investigators that the charges are serious and true enough for the teacher to be removed. then 3020-a charges can be issued. However, if the independent investigator disagrees with the DOE investigator, the teacher cannot be removed from the classroom and no 3020-a charges can be filed. However, a mediation panel can be used to determine a lesser penalty, if any, for the teacher. Of course the mediation panel should have no ties either to the DOE or the UFT .
In no case can a Principal be allowed to remove a teacher when the investigative units have dumped the allegations back to the Principal. The maximum punishment the Principal can do is to give the teacher a letter to the file as a result of the accusation.
Until a fair and independent investigation procedure is put in place, teachers are just target practice for the DOE firing squad.
Chaz,
ReplyDeleteIn my case there was no independent invistigation that was supposed to determine the course of the case. Instead, I was investigated by the principal who then sent me to the rubber room. I languished there for 14 months until I was charged. So at this juncture there are two glaring violations of the contract. As a result of the trial of charges, I was suspended for what amounts to a full school year. The arbitrator refused to follow the law by allowing me to be tried inspite of the fact that the DoE violated the contract by not returning me to the school after the sixth month.
When I objected, the arbitrator asked if this had been grieved. The union advised me at the time not to grieve. As I had followed the unions advice I had no choice but to sit through a series of lying and conflicting testimony.
It was obvious that they had no real case and it did not matter.
So if this is in the contract kindly advise me as to where it is located within the contract.
If the union has not complied with the terms of the contract then I believe that this is actionable in a court of law.
I would advise any person who has been subjected to this cruel and evil process to retaliate by suing those responsible. If this is in the contract, then the UFT is guilty of theft of services, malfeasance and facilitation of malicious prosecution.
In adition, it appears that there are gross violations of both the U.S. constitution and the State constitution. This might have the grounds to have standing in the Federal District court.
I encourage all those who have had their first, fifth and fourteenth ammendment rights trampled on to get together and form a class action suit against those responsible.
This is a personal injury issue. The pain and suffering and the loss of property rights should not go unchallenged. Furthermore, the union is willingly aiding and abetting this evil situation. However has a direct responsibilty in this should have to pay for it.
This proces should and must start off in court. Not to mention gross violations of USC 42 1964, 1968, 1983. This is not acceptable that the UFT and the DoE "collaborated" to destroy the lives of thousands of teachers and by proxy, those associated with them.
Sick of my oppressors
Frunabulax
I agree with you. Time lines do not apply to the DOE and the Arbitrators do not start a case within the 30 day period as specified in Article 21 of the contract.
ReplyDeleteMy proposal would not allow a Principal to remove you to the "rubber room" .
Thank you for your blog Chaz.
ReplyDeleteI was technically in the rubber room for 11 months without charges. I decided to take a study sabbatical while in the rubber room for health, physical and professional reasons.
A week before the start of the this school year I was sent back to my school without any explanation as to why I was sent to the rubber room in the first place. No one will tell me what the specific charges were. I will have to use the Freedom of Information Act to find out what they were!
Meanwhile, my former demonic and malicious
principal gave me two U's for two years in row
without proving his case for incompetency on my part. These two U were upheld by the Office of Review and Appeals despite the fact
the former fired principal did not "appear" in person or by phone!
I have documented all on my blog.
Of course now that I am back at my closing school I continue to be the professional I have always been for the last 21 years showing up to work before time , sober and clean, rarely absent and always with a lesson plan that engages my students. I am respectful of my students at all times not that some return the respect.
Stay tuned to my adventures as I believe I can be returned to the rubber room at any time for whatever reason "they" make up.
Justice:
ReplyDeleteDidn't the July 2, 2008 rubber room agreement forbid your removal without charging you within three months?
Another unenforceable agreement by our union that the DOE ignores.
Ha! I got one for you. Numb Nuts brought me up on corporal punishment charges because I asked the kid for a french fry. Never mind that I had a great relationship with this kid and his family and I was joshing around with him. But, and get this, Numb Nuts went up to the kid and said, "We are trying to get rid of Mr. A Teacher in The Bronx." And when the kid (5th grade male) went to his office to write a statement Numb Nuts told him how to word it.
ReplyDeleteDoes not surprise me one bit'. One of my friends waas accused by an AP of seeing a femle student over a weekend and called SCI. Despite the mother of the student and the student stating that the teacher took 4 other students with him to a show, SCI substantiated the charge. The Arbitrator found the teacher innocent and in the report stated that the AP and SCI investigator lied and should be disciplined. To date nothing has happened to either one.
ReplyDeleteHow long does an SCI investigation usually take ?
DeleteTo all out there who are experiencing such horrific circumstance- LITIGATION IS THE ONLY MEAN TO GET JUSTICE. You must go outside the DOE to get a fair treatment. The unions and the DOE support these psychotic, bias and malicious principals. The abuse of power they have is absurd.
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How long does an SCi investigation usually take?
ReplyDelete"In no case can a Principal be allowed to remove a teacher when the investigative units have dumped the allegations back to the Principal. The maximum punishment the Principal can do is to give the teacher a letter to the file as a result of the accusation." My principal conducted 2 OSI investigations on me and she removed me from the building. She put 2 substantiated letters in my file and gave me a U rating, was this allowed?
ReplyDeleteI am currently going through the discontinuous nightmare. As a non tenured teacher I was told by the UFT people “you really can’t do much the Principal can do whatever” ok I understand that BUT I can also do what I want and that is fight back. overwhelm administrators with NYC,NYS and Federal complaints. (where applicable). I have learned that agencies outside the DOE are very interested in school violations. Don’t Give Up! As I told one UFT person, “How dare you take my right away to stand up for myself” These people must be called out! #StopTheSingleStoty
ReplyDelete