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TERMINATION OF TENURED TEACHER WAS TOO SEVERE A SANCTION FOR INAPPROPRIATE BEHAVIOR WHICH DID NOT VIOLATE ANY RULE.

The First Department, over a dissent, determined termination of a tenured teacher for inappropriate behavior which did not violate any rule was too severe a sanction. It was alleged, inter alia, the teacher asked his eighth-grade female students about their older sisters and accepted the phone number of one 23-year-old sister:

Based on all the circumstances of the case, including the lack of any prior allegations of misconduct against petitioner during 13 years of service and the fact that the misconduct does not violate any specific rule or regulation, we find the penalty of termination sufficiently disproportionate to the offenses to shock the conscience … .

Moreover, petitioner had never been warned or reprimanded regarding the conduct at issue, and, contrary to the conclusion of the Hearing Officer, there is no evidence that a warning or reprimand or other penalty short of termination would not have caused petitioner to cease the objectionable conduct immediately.

While we share some of our dissenting colleague’s concern regarding petitioner’s behavior and his failure to express any deeper understanding of the inappropriate nature of his actions, we do not agree that the law supports petitioner’s termination at this time. Matter of Williams v City of New York, 2016 NY Slip Op 06184, 1st Dept 9-27-16

 

EDUCATION-SCHOOL LAW (TERMINATION OF TENURED TEACHER WAS TOO SEVERE A SANCTION FOR INAPPROPRIATE BEHAVIOR WHICH DID NOT VIOLATE ANY RULE)/EMPLOYMENT LAW (TEACHERS, TERMINATION OF TENURED TEACHER WAS TOO SEVERE A SANCTION FOR INAPPROPRIATE BEHAVIOR WHICH DID NOT VIOLATE ANY RULE)/TEACHERS (TERMINATION OF TENURED TEACHER WAS TOO SEVERE A SANCTION FOR INAPPROPRIATE BEHAVIOR WHICH DID NOT VIOLATE ANY RULE)

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