tag:blogger.com,1999:blog-20674128.post8945039256737513127..comments2024-03-14T13:50:26.981-04:00Comments on Chaz's School Daze: The Difference Between The "Just Cause " Standard And The "Arbitrary & Capricious" Method The DOE Wants To Use In The Teacher Disciplinary ProcessChazhttp://www.blogger.com/profile/09964739497720364749noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-20674128.post-69821241403572553522010-03-04T16:09:39.149-05:002010-03-04T16:09:39.149-05:00I worked at a school district out west, and I can ...I worked at a school district out west, and I can say arbitration is such a complete waste of time. The hearing officer upheld a complete and total wrongful dismissal of me when the principal violated FEDERAL law--FMLA--which was slamdunk in my favor. Didn't matter to the arbitrator since if he had reinstated me he wouldn't be invited back for more work.<br /><br />Now I am on the verge of taking the school district to federal court, which is what I should have done in the first place rather than waste eight months of my life on a kangaroo process.OTE adminhttps://www.blogger.com/profile/09259422705314063194noreply@blogger.comtag:blogger.com,1999:blog-20674128.post-43720792980057299032010-03-03T19:43:58.239-05:002010-03-03T19:43:58.239-05:00chaz can you please email me at terry-mass@hotmail...chaz can you please email me at terry-mass@hotmail.com. I wonder if you could help me with a question I have about a grievance. Thanks.proofoflifehttps://www.blogger.com/profile/07223433380297875666noreply@blogger.comtag:blogger.com,1999:blog-20674128.post-18224796327538316132010-03-03T18:41:24.297-05:002010-03-03T18:41:24.297-05:00Anon:
It is my understanding that the "just ...Anon:<br /><br />It is my understanding that the "just cause" standard is for determining if termination is an option and the preponderance of evidence is to determine the discipline imposed.<br /><br />If this is not true. Please enlighten me.Chazhttps://www.blogger.com/profile/09964739497720364749noreply@blogger.comtag:blogger.com,1999:blog-20674128.post-16108610844860566012010-03-03T18:24:45.644-05:002010-03-03T18:24:45.644-05:00Chaz: The Daugherty Rules are frequently cited by ...Chaz: The Daugherty Rules are frequently cited by union advocates, however, they are not rules, simply a standard set by an arbitrator in a non UFT case decades ago. Current paraprofessional terminations come under the contract, the burden of proof, by preponderance of evidence rests on the Department. We have decades of precedential cases. "DAC," discriminatory, arbitrary or capricious is our contract standard for interest arbitrations, not appropriate for dismissal cases, nor to my knowledge is it used anywhere for that purpose.<br /><br />The teacher cases, Sec 3020 of the State Ed law, uses a just cause standard, higher than preponderance of evidence, and, again, with decades of case law.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20674128.post-89310042695031869152010-03-03T15:19:00.136-05:002010-03-03T15:19:00.136-05:00I think that every teacher going through the 3020-...I think that every teacher going through the 3020-a process should make sure the Arbitrator follows the "just cause" standard and it is a reasonable request that the Arbitrator should answer.<br /><br />Remember when the DOE files 3020-a charges they claim "just cause" as the basis of the charges. Therefore, "just cause" is the standard that the Arbitrator needs to apply.Chazhttps://www.blogger.com/profile/09964739497720364749noreply@blogger.comtag:blogger.com,1999:blog-20674128.post-9964440248155963762010-03-03T10:15:45.567-05:002010-03-03T10:15:45.567-05:00There are no real standards being employed in 3020...There are no real standards being employed in 3020a hearings. <br /><br />Although the number of terminations is higher than is stated by the press, the shakedown in the form of tens of thousands in fines continues. A senior teacher who has been found "incompetent" or to have used "abusive language" are habitually fined. This is supposed to make someone "competent" or to have paid for using an expression that may have made a child "feel uncomfortable".<br /><br />Pay the indulgence and cross me palms with silver. <br /><br />The nature of the entire process is arbitrary and capricious.<br /><br />They may say that the standard is just cause. That is a load of nonsense.<br /><br /> We are seeing a pogrom of senior teachers by the system.<br /><br /> The union actively participates and is far worse than the employer. The main reason is that they harvest the dues, and aid and enable this crime of discriminatory and disparate treatment continue.<br /><br /> The union and the DoE have turned the situation into a hostile work environment.<br /><br />The positive thing to remember about the French Reign of Terror, is that those who engaged in evil, fell victim to their own tactics.<br /><br />The entire system is corrupt and run by sadistic treacherous cretins.<br /><br />It is time for the shit to roll uphill where it belongs.<br /><br />I'm looking forward to the scandals that will be unearthed in the last term of the little dictator.<br /><br />Angry NogAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-20674128.post-2358719038072660052010-03-02T22:36:07.621-05:002010-03-02T22:36:07.621-05:00I am surprised that summary executions of teachers...I am surprised that summary executions of teachers isn't being demanded, oops, I meant to say requested.Pete Zuckerhttps://www.blogger.com/profile/16708676684946013529noreply@blogger.comtag:blogger.com,1999:blog-20674128.post-42228786619010642092010-03-02T20:03:09.946-05:002010-03-02T20:03:09.946-05:00The DOE has some scary ideas about discipline. Are...The DOE has some scary ideas about discipline. Are Daugherty's tests still used in the 3020a process?FidgetyTeachhttps://www.blogger.com/profile/13062058958826674862noreply@blogger.com