Decision to vacate teacher misconduct unanimously reversed
Lackow v Department of Education of City of
Supreme Court granted petitioner, Douglas Lackow’s, petition to have certain determinations of teacher misconduct vacated and remanded for imposition of a lesser penalty than termination of employment in January of 2007.
Respondent, Department of Education of the City of
In light of petitioner’s proven misconduct and the fact that he had been warned in writing three times about the inappropriateness of his behavior, the penalty of dismissal does not shock the conscience. The repetitive nature of petitioner’s misconduct is especially alarming. Such conduct is indicative of a continued pattern of offensive behavior that reflects an inability to understand the necessary separation between a teacher and his students.
Accordingly, the Supreme Court ordered the petition to vacate certain determinations of teacher misconduct and remand for imposition of a lesser penalty than termination reversed, the cross motion to dismiss granted, and the petition dismissed.
