Petitioner was a teacher of catering who resigned to take a chef’s position. Petitioner returned to a different school and was given a “U” rating and terminated. Petitioner filed an Article 78 petition without filing a grievance claiming that his termination was arbitrary and capricious, an abuse of discretion and violated his right to have
Board of Education
Teacher’s “U” rating reversed after Article 78 lawsuit
Teacher received an “U” rating due to a number of factors including attendance and lateness for the 2010-2011 school year. She received unsatisfactory ratings in seven categories in her Annual Professinal Performance Review (APPR). Her principal wrote to her stating that improperly prepared paperwork would be considered and unsatisfactory rating.
As was her right the…
Court Upheld “Warning” to Suffice for Tenured Teachers Misconduct
Court Upheld “Warning” to Suffice for Tenured Teachers Misconduct…
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NYC Tenured Teachers Petition to Expunge Letters of Reprimand Denied
In the Matter of Helen Hickey v. New York City Department of Education
In the Matter of Rachel Cohn v. New York City Department of Education
Petitioners Helen Hickey and Rachel Cohn are two tenured teachers who seek to have “letters of reprimand” removed from the personnel files for failure to follow Education Law §…
Business Manager’s termination is annulled and remitted for review
Matter of Jeffrey Baker v Poughkeepsie City School District
Petitioner, a Business Manager for the Poughkeepsie City School District, brought about this Article 78 proceeding to review a determination of the School District adopting the recommendation of a hearing officer which found petitioner guilty of eight charges of misconduct and incompetence and terminated his employment.…
Teacher awarded 28 days pay for late notice of termination
In this Article 78 case, petitioner, David Vetter, was a probationary teacher for the Ravena-Coeymans-Selkirk Central School District for the 2005-2006 school year. In 2006, the Board of Education voted to terminate petitioner due to allegations of misconduct but did not provide written notice of this decision until a month later – two days before…
School teacher’s termination upheld due to failure to complete mandated sexual harassment training
Matter of Bruce Harris v Department of Education of the City of New York
In this Article 78 appeal case, petitioner sought to challenge respondents’ determination terminating petitioner’s employment as a New York City school teacher and to gain reinstatement of his employment with back pay and benefits. After a hearing, petitioner, a tenured teacher…
Teacher’s Article 78 petition for extended employment denied
Matter of Janet Wilson v Board of Education of Harborfields Central School District
In this Article 78 proceeding, Petitioner Janet Wilson sought to review a determination of the Board of Education of the Harborfields Central School District declining to extend her employment contract. Supreme Court granted her appeal which resulted in the Board pursuing an…
School district directed to defend and idemnify teacher
Matter of James Cotter v Board of Education of Garden City Union Free School District Board of Education
Back in 2008, I wrote about a Nassau County Supreme Court Decision (J. Feinman) which held that the Garden City School District did not have to defend or indemnify a teacher involved in a fight with…