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The Battle Over 'Predator Teachers'

Question Should the chancellor have the power to fire teachers accused of sexual misconduct?
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Aug. 20, 2012, 10:01 a.m.

Sensational headlines blare that teacher unions “go to bat” for sexual predators. Nothing could be farther from the truth. No one with anything resembling a conscience wants a sexual predator in the classroom. I have a 16-year-old daughter, and I don’t spend one minute of my time weighing the rights of such people against the reality that they do not belong with kids, no way, no how.

Arthur Goldstein

That said, I don’t accept that someone is a sexual predator simply because Michael Bloomberg, Dennis Walcott, Campbell Brown or some Astroturf group like StudentsFirstNY says so.(Knowing what sort of teacher Michelle Rhee, a founder of StudentsFirstNY, was, it’s a wonder her followers have the audacity to complain about anyone at all.)

I’ve read the anecdotes, which sound awful, but I have firsthand knowledge of one case that’s been dragged through the tabloids. I know that one to be largely trumped up and unworthy of the attention it has received. If there is a perceived danger, the city certainly has the right to remove teachers pending investigation.

When I read we need to change laws, I’m dubious. First of all, the proposed law would give schools Chancellor Dennis M. Walcott the right to fire teachers despite the rulings of independent arbitrators.

Mr. Walcott rules against virtually all U-rated teachers, and has publicly stated he wanted to fire the teachers mentioned in the papers. It’s not a huge leap to imagine he would fire everyone in every case arbitrators found to be without merit.

We already have a school board, called the Panel for Educational Policy, that does everything our billionaire mayor asks. I’ve been to PEP meetings where entire communities have spoken out against school closings, and Mayor Bloomberg’s majority, without comment, without engagement, simply did his bidding. Dictatorial powers need to be curtailed, not expanded.

I’ve now read multiple reports stating the problem with the system is that the United Federation of Teachers gets to select the arbitrators. These reports often fail to mention that the arbitrators are co-approved by Mayor Bloomberg’s Department of Education. As far as I know, no one held a gun to Mayor Bloomberg’s head and forced him to hire these people.

Do the arbitrators make errors? It’s possible, and if that’s the case the city has every right to appeal their decisions. When courts are perceived to err, there is the remedy of appeal to higher courts. This is not sufficient for Mayor Bloomberg’s Education Department, which seeks the right to overturn independent arbitrators. What, then, is even the point of an independent arbitrator?

Shall we, on this basis, trash the justice system and allow Michael Bloomberg to make all determinations about who is and is not guilty? If he knows better than appointed arbitrators, doesn’t it follow that he knows more than appointed judges and juries?

Sexual abusers don’t belong in schools. They belong in prisons, where they can mingle freely with others who share their interests. Let’s put them there, be they teachers, bakers, candlestick makers, or whatever. And let’s move the education conversation back to education. No one needs a diversionary circus.

Arthur Goldstein is an E.S.L. teacher and United Federation of Teachers chapter leader at Francis Lewis High School in Queens.

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Ken Achiron August 20, 2012, 4:53 PM

What a loaded and leading question! Shoot first and ask questions later! Of course no one wants such individuals in our classrooms. But the real question should be "Should the chancellor have the right to unilaterally overturn the decision of a neutral arbitrator on the basis of his own opinion, when the arbitrator has determined that there was no merit to the allegations?" Before you give away someone else's due process, think about your own.

2 Replies
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Francesco Portelos August 25, 2012, 3:15 AM

Well said Ken. I'm currently in the rubber room because I was retaliated against. Others there are also retaliated against because they spoke up or disciplined a child. The child could turn and make a false accusation. Then what? Walcott comes in like Trump and yells " Your fired! " ?

Protectportelos.org

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Francesco Portelos August 25, 2012, 3:16 AM

I wanted to also add my allegations are not about children or sexual in nature. They are false accusation made up because I found financial misconduct.

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Kissy Kissbear August 20, 2012, 7:26 PM

This cogent quote from the Op-Ed itself answers SchoolBook's leading question better than anything I can say:

"Dictatorial powers need to be curtailed, not expanded."

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Tim Clifford August 20, 2012, 10:43 PM

Great points. The union is not obstructionist on these issues; there is a zero tolerance of confirmed predators. The city gets three chances to try prove their cases--in criminal courts, with an arbitrator they help choose, and then in an appeals court. Basically, teachers are put in triple jeopardy, and even that seems not good enough for Campbell Brown and her reformer friends.

This is a typical ploy by those who would destroy our union and the teaching profession in general. Unions aren't about protecting the guilty; they are about making sure that teachers get a fair hearing when charges are leveled against them.

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Susan Nunes August 20, 2012, 11:45 PM

This is just an excuse for districts like NYC to get rid of "expensive" teachers on bogus charges without hearings in favor of hiring cheap teachers like those from TFA.

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Batya Medad August 21, 2012, 3:39 AM

One of my dumb questions:
Aren't accused and proven two different things?

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Francesco Portelos August 25, 2012, 3:30 AM

A very good point!

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Arthur Goldstein August 21, 2012, 12:26 AM

My brother doesn't Facebook, so he emailed me this comment in response to Tim Clifford:

The last commenter on your article made a good point - that unions aren't for protecting the guilty, but are for making sure someone has their rights when charged. The problem is, as it seems to me, there seems to be an assumption that charges equal guilt and that anyone defending the accused is themselves guilty of attempting to avoid justice. It's been that way since John Adams defended the soldiers in the Boston Massacre - he was manifestly unpopular but he got that without a defense for those accused, the entire system amounts to nothing. It amazes me how we continually disregard that.

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Mary Holman August 21, 2012, 1:09 PM

If the example of Erin Sayer is used... yes. Why? Because if the police have enough evidence (ample, apparently) to charge her, the teacher has no business being one any longer. Throw her out. She'll have plenty of rights when charged - in the NYC court system. Your rights as an employee end when you violate written policies, standards of behavior, etc. She knew perfectly well that she was violating many standards. "Tutoring" during the school day, please... stop defending this sex-queen wannabe. I work in a hospital, and guess what! I'm not allowed to enter patient rooms and seduce them... Sayer is morally reprehensible.

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John P. Loonam August 24, 2012, 2:08 PM

I have been teaching in public schools in NYC for 28 years and have, unfortunately, seen this system in action. At the slightest hint of inappropriate behavior a teacher is removed from the classroom and the hearing process begins. Some of my colleagues have complained that this leaves them open to false accusations, but as a parent I don't want the DOE waiting for the hearings to conclude before taking action to safeguard children. I have known teachers to be found guilty - rightfully so - and fired and I have known one teacher to have been falsely accused. That teacher spent several weeks in what used to be called the rubber room, but was ultimately found innocent and returned to the classroom.

The issue is not whether teachers guilty of inappropriate behavior should be fired, it is how to determine they are guilty and what to do with them while the investigation takes place. Ms. Holman is correct, your rights as an employee do end when you violate policies, standards of behavior and, in this case, the law. She is not allowed to enter patient rooms and seduce patients, but neither should she be allowed to continue having patient contact after an accusation of such behavior. The DOE policy removes the teacher at the point of accusation and fairly defers the firing until the accusation has been proven.

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John P. Loonam August 24, 2012, 2:09 PM

I have been teaching in public schools in NYC for 28 years and have, unfortunately, seen this system in action. At the slightest hint of inappropriate behavior a teacher is removed from the classroom and the hearing process begins. Some of my colleagues have complained that this leaves them open to false accusations, but as a parent I don't want the DOE waiting for the hearings to conclude before taking action to safeguard children. I have known teachers to be found guilty - rightfully so - and fired and I have known one teacher to have been falsely accused. That teacher spent several weeks in what used to be called the rubber room, but was ultimately found innocent and returned to the classroom.

The issue is not whether teachers guilty of inappropriate behavior should be fired, it is how to determine they are guilty and what to do with them while the investigation takes place. Ms. Holman is correct, your rights as an employee do end when you violate policies, standards of behavior and, in this case, the law. She is not allowed to enter patient rooms and seduce patients, but neither should she be allowed to continue having patient contact after an accusation of such behavior. The DOE policy removes the teacher at the point of accusation and fairly defers the firing until the accusation has been proven.

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Francesco Portelos August 25, 2012, 3:34 AM

I agree, but I disagree with the statement " used to be called the rubber room" . It's 2012 and I'm in one now. A cubicle in network office doing nothing with no ideas why I was there for 2 months. See my blog protectportelos.org

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Francesco Portelos August 25, 2012, 3:41 AM

Here is an idea....You know how they have defibrillators in schools? Why not a polygraph machine? Principal: " Johnny, did Ms Smith really say those things to you? " Eeerrrrrr! Machine says that's not true. I mean what is more reliable, an arbitrator making $1800/day or a piece of technology?

Am I crazy?

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