Back when Dennis Walcott became Chancellor, he decided that all teachers who had a substantiated OSI or SCI investigation, would have a discipline flag attached to their file. This flag alerted principals not to hire these teachers. It didn't matter that many of these teachers chose to go through their 3020-a hearings and the independent State arbitrator found them innocent of the DOE charges that were based upon the OSI or SCI report. For example if OSI substantiated a corporal punishment charge and the arbitrator found no corporal punishment or if SCI substantiated sexual misconduct,but the arbitrator finds no sexual misconduct. Why does the DOE act as if the teacher is still guilty of the charges that were dismissed by the arbitrator?
Both corporal punishment and sexual misconduct are termination offenses and arbitrators are automatically required to terminate the teacher. However, charging a teacher with these serious offenses is not the same as be guilty of the charges. The arbitrator must hear all the relevant evidence and any hearsay must be supported. Teachers who are accused of these serious charges and are tenured can ask for an independent arbitrator to hear all the relevant evidence and make their decision based upon the preponderance of the relevant evidence.
Here are two examples of the DOE charging teachers with serious charges only to find the charges didn't stick once the evidence was presented and scrutinized..
Example 1: A Social Studies teacher was accused of slamming his door on the hand of a student that broke the window in the door. The student had a bloody hand and went to the school nurse. The Principal reported it and OSI interviewed the student and, as it turned out a couple of his friends, as well as the school nurse. The teacher was charged with corporal punishment and the case went to the arbitrator. In the 3020-a hearing it came out that some other students in the teacher's class also saw the incident and told the teacher's attorney that the teacher didn't slam the door on the student's hand but after the heated exchange between the teacher and the student, as the teacher closed the door, the student took his fist and slammed the door window, which caused the bloody hand. Interestingly, there was a hallway camera which showed a blurry picture of the incident but tended to support what the teacher had claimed. The arbitrator dismissed the corporal punishment charge but gave the teacher a small fine for not deescalating the altercation. Yet the teacher has a flag on his file for an accusation that wasn't true.
Example 2: A Science teacher was accessed of sexual misconduct by allegedly propositioning a student by showing too much interest in getting her to pass the class, It turned out that the student was having personal problems and that day was a :bad day" Therefore, the student told the Principal that the teacher propositioned her, SCI spoke to the student and also found from other students that the teacher was paying her more attention then most of the students. The result was that SCI substantiated the charge. During the 3020-a hearing the student reluctantly came in and admitted that the teacher did not proposition her but didn't like the intrusive manner of the teacher. That teacher was found innocent of the sexual misconduct charge but also received a small fine for making the student uncomfortable. This teacher also has a flag on their file.
A pro-active union would never allow the administration to continue to punish teachers for charges that they were found innocent of Yet our disconnected union leadership not only failed to file a lawsuit against the DOE's unfair policy that assumes teachers are guilty, even when the arbitrator found otherwise. but agreed to contract language that made hundreds of teachers ineligible to fill vacancies permanently. The union leadership should be ashamed of themselves for sacrificing their members to curry favor with Tweed. It's unconscionable that our union allows innocent teachers to be punished year after year with the Scarlet Letter.
once again the articles prove my point!! stop blaming the union these are the same people that keep getting voted in by the disconnect rank and file! maybe we should stop using the word "union" haven't seen unity in years. the DFT disconnect federation of teachers. or better doofus federation of teachers. but when you say "I'm a nyc teacher" most people just know what you are!.
ReplyDeleteFirst bet would be never.
ReplyDeleteSecond (long shot bet) is if everyone started opting out of paying dues.
Third bet (very long shot) is if Mulgrew is made an ATR for having sex in his classroom and gets that scarlet letter.
Chaz, discontinued teachers with multiple licenses can't get over the hurdle of getting placed at an alternate location in a different license area. Farina and the other bozos on her committee have done absolutely nothing in attempting to get rid of/modify this unfair problem code despite having sat on several meetings which have been uploaded on youtube btw, where teachers have gone before her with they own account and personal experiences.
ReplyDeleteShe has done nothing about addressing this problem and never will. She simply does not care and is "not" on the side of the teachers and the students. She is self serving and is not an effective leader. Only in a morally bankrupt organization like the DOE would you witness and experience something like this. This is the sole reason why so many dedicated discontinued teachers have no choice but to go to a charter school (or in rare cases long island) which so many people rant about, but seldom consider this fact.
The DOE does not and cannot keep up with the dynamics of contemporary life in urban America and will self destruct.
Chaz, discontinued teachers with multiple licenses can't get over the hurdle of getting placed at an alternate location in a different license area. Farina and the other bozos on her committee have done absolutely nothing in attempting to get rid of/modify this unfair problem code despite having sat on several meetings which have been uploaded on youtube btw, where teachers have gone before her with they own account and personal experiences.
ReplyDeleteShe has done nothing about addressing this problem and never will. She simply does not care and is "not" on the side of the teachers and the students. She is self serving and is not an effective leader. Only in a morally bankrupt organization like the DOE would you witness and experience something like this. This is the sole reason why so many dedicated discontinued teachers have no choice but to go to a charter school (or in rare cases long island) which so many people rant about, but seldom consider this fact.
The DOE does not and cannot keep up with the dynamics of contemporary life in urban America and will self destruct.
Chaz, while Walcott may have been the first to come up with the concept of the scarlet letter, who actually extended that code to include teachers who were later found innocent, or discontinued teachers? Was that Walcott also?
ReplyDeleteI feel...so, so, dirty.
ReplyDeleteWhen was the last time the UFT sued for something? I am serious. When was the last time the UFT put a case together, hired lawyers and actually sued for something? I have been teaching in NYC for over 20 years and I can't think of a single lawsuit the UFT has brought up recently. If I am wrong, please let me know.
ReplyDeleteMulgrew and weingarten before him will not bite the hand that feeds them(the doe). When you get kickbacks why would you do anything?
ReplyDeleteIf people dont know, the Principals also have ghost files on Teachers. After 3 years letters and other negative papers can be removed by the teacher from his or her file. What the schools do is simply pit those papers in another file...with the teacher's name on it....it will always follow the teacher.
ReplyDeleteI was assigned for six weeks at a school in elmhurst, it is so far and inconvenient from my home. I contacted atrassignments by email last year because I was assigned to a another school in this exact building which is an 1 and a half drive, not to mention there is no parking. I let them know of my travel hardship. They let me know that they could put me anywhere in queens they wanted and I have no option but to take the assignment. From that time period last year, I have only received assignments in this area. I really think someone in that office is sticking it to me because of my complaint. It would be nice to have a union on my side, I have only been paying dues for 21 years.
ReplyDeleteThere were a few things under Bloomberg, but once contracts were agreed to, all suits were ignored and forgotten.
ReplyDeleteName one lawsuit that was brought under Bloomberg?. SEIS was won by arbitration, not a lawsuit.
ReplyDeleteWhen an ATR sends out an email and you receive a response, sometimes it has appeared that you are labelled ATR on the email. Have seen it in red and in black. Not sure as yet this year.
ReplyDeleteto 7;17. Yes a principal can keep a ghost file but unless a document is signed by you it cannot be used against you. Of course there is nothing to prevent them from calling another principal about a teacher. However if a principal has a teacher they'd like to get rid of, and the teacher leaves for whatever the reason, the principal would be very happy and the ghost file would just be filed somewhere.
ReplyDelete2:45 PM
ReplyDeleteYou should not let them know.
They want all ATR"S out.
They going to keep you there to
make you unhappy and leave.
I had the same problem and waited it out.
I was to told by a friend don"t let
the BOED know anything.