An Independent Voice That Advocates For The Classroom Educator Without The Corrupting Politics Tied To Our Union And DOE Leadership.
Sunday, April 08, 2012
My Response To The Inaccurate Daily News Article In Today's Paper.
I have read and digested the highly inaccurateDaily News article about me and realized that my decision not to be interviewed by their reporters was a sound decision. Despite assurances that the article would represent my view of the DOE's abusive investigation process, it turned out to be nothing but more teacher bashing "yellow journalism" by the Daily News. Let''s break down the article piece by piece and show what was inaccurate.
Credibility Of The Student:
The Daily News knew from talking to a witness in my open 3020-a hearing that the credibility of the student was an issue. The student had made conflicting and contradictory statement at the hearing and even gave different statements to various people when asked about the incident leading up to the 3020-a hearing. However, the article did not seem to care about the student's credibility. Just what she claimed, depending on who she spoke to of course.
The Daily News took the student's original recollection that was used in the SCI report rather than the Arbitrator accepted statement of "I"m so proud of you passing the test I could just kiss you, of course I wouldn't do that because I would get in trouble". While the difference is not major, it still is different enough. I admit it is better than the deliberately changed DOE statement the Daily News attributed to me "If it's not going to get me in trouble I would kiss you" .
Touching The Student:According to the article which insisted in using the biased and exaggerated SCI report, the student accused me of touching her shoulders with my hands. However, the student admitted at the 3020-a hearing that I used one hand to pat her clothed shoulder to calm her down as a reassurance action. Yet the Daily News chose to use the now discredited statement by the student rather than the truth. Furthermore, I never grabbed the student's elbow and that charge was dismissed by the Arbitrator, stillthe Daily News chose to include it in the article.As for the ridiculous accusation that I was looking down her shirt? The Arbitrator dismissed that charge as well, yet again the Daily News chose to use it in the article. The 2002 Reprimand:This is just another case of the Daily News failure to "fact check". The 2002 Reprimand was grieved by me and the DOE's favorite Arbitrator, Martin Schienman, threw out the reprimand as "unfair and inaccurate" and was removed from my file. That is why I didn't mention it in my previous post. The fact that the DOE chose to include it in sending my case to the Daily News speaks volumes about the DOE's failure to abide by the rules.The DOE are "sore losers" and this is just another case of them not abiding by the contract. Failure To Include The "Probable Cause Hearing" Results:Was the failure to mention the "probable cause hearing" for alleged sexual misconduct which I won, simply negligence or was the omission done purposely?I guess if you want to keep the question about "sexual misconduct" alive, you would omit the "probable cause hearing" results which the Daily News article did.
The DOE's Insistence In Pursuing My Case Despite Their "Probable Cause Hearing" Loss.
Once the DOE lost the "Probable Cause Hearing", they should have admitted defeat and that they had no case and end this travesty of justice. Instead the DOE wasted an additional quarter of a million dollars or more by dumping me back in the "rubber room" for two and a half years and hoping that something else would magically appear to change their losing hand. Yet the Daily News failed to question the DOE's motive in pursuing the case against me.
No Mention Of The Biased SCI Investigation:
The article failed to mention how the SCI investigator was found to have lied about what I said and was caught on this by the "probable cause Administrator". Furthermore, the Daily News took much of the article out of the SCI report which had been discredited in the 3020-a hearing. In my experience, the SCI investigation process is unfair and when principals want the teacher out of the school, the SCI investigators will do what it can to accommodate the Principal's wishes.
Why Didn't The DOE Appeal The Arbitrator's Decision?
Of course the Daily News article failed to ask that question. The answer was that they were lucky that the Arbitrator gave me a $2,000 fine. If the Arbitrator was truly fair, I should never have been given a fine at all but she had a reputation of giving the DOE something even when the facts show they have no case. Their appeal would have no chance of winning and they knew it.
Connection With Serial Ax Murders:
Including in the article Mayor Bloomberg's idiotic statement that the Arbitrators would give "serial ax murders a slap on the wrist" as if I am a criminal sex offender, rather than a victim of a DOE persecution is really disgusting. My Arbitrator realized this when the DOE failed to provide real and relevant evidence that was needed to support their false accusations and ruled accordingly.
Please don't believe what you read in the newspapers, usually the truth is very much different and so it is in my case. Was the Daily News just lazy and didn't bother to read the 3020-a hearing record or just wanted to bash and embarrass me by using the faulty SCI report as their source of information? Only they know the reason for their poor journalism. By the way I don't rant but publish well reasoned and insightful analysis of education issues. What would you call Mayor Bloomberg's idiotic statement? Now that is ranting.