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Loud Argument With Another Teacher In Front of Students Did Not Justify an Unsatisfactory Rating and Discharge of Probationary Teacher

The First Department, over a dissent, determined the unsatisfactory rating (U-rating) for a probationary teacher lacked a rational basis and was arbitrary and capricious. Her termination, therefore, was based upon a deficiency in the review process which undermined its fairness. The U-rating and termination stemmed from a “loud” argument with another teacher in front of students. The majority concluded the evidence about the argument did not support a finding of insubordination and unprofessional conduct. The dissent argued there was a rational basis for the respondent’s rulings and, under the principles of administrative law, the court was powerless to substitute its own judgment:

We hold that the U-rating for the summer of 2011 lacked a rational basis and was arbitrary and capricious. Even accepting the testimony that petitioner engaged in a loud argument with another teacher about sharing a room, there is no rational basis to find petitioner’s conduct was unprofessional, insubordinate or unbecoming. Here, the subject of the argument concerned whether petitioner’s students with disabilities should share space with students that composed the art cluster or obtain a larger classroom. There was no evidence presented that the content of conversation itself was unprofessional. The simple conduct of an argument without more elaboration on how the subject and language of the conversation was unprofessional is insufficient to provide a rational basis for professional misconduct.

As to the termination of petitioner’s employment, it is well established that a “probationary employee may be discharged for any or no reason at all in the absence of a showing that [the] dismissal was in bad faith, for a constitutionally impermissible purpose or in violation of law” … . Nonetheless, given the failure to establish a rational basis for the summer 2011 U-rating, petitioner established a deficiency in the review process to terminate petitioner’s employment that was “not merely technical, but undermined the integrity and fairness of the process” … . Matter of Mendez v New York City Dept. of Educ., 2015 NY Slip Op 07599, 1st Dept 10-20-15

 

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