Teacher Wrongly Denied Hearing Allowed by Education Law

The Fourth Department annulled a determination which suspended a tenured teacher for 30 days without pay finding she was wrongly denied a hearing:

[Under the collective bargaining agreement (CBA)] petitioner was entitled to choose whether to be disciplined under the procedures set forth in the CBA or those set forth in section [Education Law] 3020-a, which allowed petitioner to elect a hearing (see § 3020-a [c]). Respondents, however, incorrectly denied petitioner’s written request for a section 3020-a hearing. We therefore reverse the judgment, grant the petition, annul the determination, and we direct respondents to reinstate petitioner with back pay and benefits retroactive to the date of her suspension, and to remove all references to the discipline imposed from petitioner’s personnel file… .  Matter of Kilduff v Rochester City School District, 518, 4th Dept, 6-14-13