Judge Overturns Firing of Teacher Who Faced Drug Charge

[Revmitchell]

A judge overturned New York City’s firing of a tenured public school teacher who was arrested and charged with bringing 20 small packets of heroin into a Manhattan courthouse last year.

In a decision this week, the judge, Manuel J. Mendez of State Supreme Court in Manhattan, ruled that the termination of the teacher, Damian Esteban, was “excessive and shocking to this court’s sense of fairness.”

He overturned an arbitrator’s decision allowing the city’s Education Department to fire Mr. Esteban and sent the matter back to the department with orders to impose a lesser penalty.

“The arrest was not for conduct at the school site, or involving any of its students,” Justice Mendez wrote in his six-page decision, issued Monday.


http://www.nytimes.com/2013/09/20/n...g-of-teacher-who-faced-drug-charge.html?_r=2&

 

[Mexdeaf]

The judge must not have kids, or grandkids.

 

[Revmitchell]

Or common sense.

 

[Mexdeaf]

Or common sense.

A rarity nowadays.

 

[thisnumbersdisconnected]

Believe it or not, the judge followed New York law, which is even more inexcusable:

http://publicpersonnellaw.blogspot.com/2010/11/criminal-conviction-may-bar-teaching-if.html​

Section 3020-a(2)(b) bars the suspension without pay of a teacher against whom disciplinary charges have been filed, unless otherwise permitted under an alternate disciplinary procedure negotiated pursuant to the Taylor Law, except in cases where the individual has been convicted of a felony involving illegal drugs. The inclusion of this exception suggests the legislature is deeply troubled by the prospect of schoolchildren being exposed to teachers with felony drug convictions. Section 3020-a(2)(b) also allows a school district or BOCES to suspend a teacher against whom disciplinary charges have been filed without pay if he or she has been convicted of a felony involving the physical or sexual abuse of a minor or a student.

Unfortunately, Esteban is only charged with a felony, not convicted. Therefore, he is, under New York law, allowed to remain in his teaching position until such time as he may be convicted.

 

[Tom Bryant]

Believe it or not, the judge followed New York law, which is even more inexcusable:

http://publicpersonnellaw.blogspot.com/2010/11/criminal-conviction-may-bar-teaching-if.html
​

Unfortunately, Esteban is only charged with a felony, not convicted. Therefore, he is, under New York law, allowed to remain in his teaching position until such time as he may be convicted.

That's the problem of tenure. It does protect the good teacher from a higher up who has it out for them, but it protects a guy like this.