New York City Case Involving Term Paper

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Petitioner contends that he merely escorted the student back to his seat. Petitioner further asserts that any injury to the student's hand had occurred the day before, during an incident in which the student allegedly punched a blackboard in another teacher's classroom. Respondents, however, contend that petitioner impermissibly used corporal punishment to force the student back into his seat (John George vs. Board of Education of the City School District of the City of New York and Maria Santory Guasp, Superintendent, Community School District 9,)."

The principal dismissed the teacher without allowing the teacher to take part in the investigation. Because of that decision the teacher was later reinstated with pay so that an subsequent investigation could take place.

The principal based her decision to terminate on the OSI investigation however, the probationary teacher was not allowed to take part in that investigation, therefore was reinstated until a second investigation could be conducted.

Time and money could be saved by including the teacher and the union representatives in the investigation initially so that the petitioner could present his side of the case and OSI could make a determination having all of the facts at that time.

New York law does allow for the termination of probationary teachers without cause as long as it is not in bad faith.

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The probationary teacher contended that this decision was in bad faith as he was let got for something he claimed he did not do and was not provided the opportunity to defend himself against.

Because of the clause that allows probationary teachers to be let go for no reason the principal would have been better served to let the teacher go without naming the allegation as the reason.

The impact this case has on the school system will be to instruct teachers to record any physical incidents of any kind. Whether it is a student hitting a blackboard in anger or a teaching guiding a student to the seat by the arm, every physical incident should be recorded in case those records are needed for future defense.

In addition the case impacted the schools by demonstrating the importance of carefully following procedure in the termination of a teacher so that time and money are not wasted with double proceedings......

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