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December 11, 2017

Pardalis & Nohavicka School Law Update

Pardalis & Nohavicka School Law Update: Queens Public HS Teacher Fired After Spitting On Student Who Spit On Him First

This week’s case involves a Queens high school teacher who lost his job after he spit on a student (who spit at him first) and then swatted at the same student (after student struck the teacher). The teacher was free of any "prior disciplinary record''

When you are a teacher for the NYC Board of Education and you are accused of wrongdoing in school, you go through internal proceedings that can end up in a hearing that is presided over by a Hearing Officer.  Tenured teachers know this to be an Education Law 3020-a proceeding. The issue before the Hearing Officer in this case was whether the teacher was guilty of abusing and spitting on a student and if the penalty of termination was excessive and unwarranted. There was a video.

The Hearing Officer upheld the penalty and the teacher was fired. The teacher then sought review by a court. Unfortunately, courts are very limited in its review powers and can only disrupt a Hearing Officer's decision if their is fraud or misconduct. The judge let the termination stand.

Here is the video: https://www.youtube.com/watch?v=1Mbz8Xs66gE

Here is the case:http://www.nycourts.gov/REPORTER/pdfs/2017/2017_32459.pdf

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