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

Connect with us

Visit our FacebookVisit our InstagramVisit our TwitterVisit our LinkedInVisit our YouTube channel
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. 
The viewing of this website does not constitute an attorney-client relationship. Attorney Advertising: Prior results DO NOT guarantee similar results.

Copyright © 2024 Pardalis & Nohavicka LLP. All Rights Reserved. Website Designed & Developed by Ruxbo
magnifier linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram