Anyone going into a 3020-a, who is charged with misconduct or incompetency, or has been told they must/should settle/mediate his/her case, LISTEN UP:
If you do not go through your hearing and thus do not get a decision on the merits of the case from your arbitrator, the New York City Board/Department of Education will keep you on the Ineligible/Inquiry List forever. You will not be declared "innocent" if you settle your case even if you agree to retire.
My suggestion? DONT SETTLE IF YOU ARE INNOCENT OF MISCONDUCT/INCOMPETENCY. I have observed the 3020-a process for seven years, and it is not a fair process for many people, and several arbitrators show bias against Respondents during their Hearings, which can be appealed to the New York State Supreme Court as an Article 7511. Staying in the appeal process is the best way to go until the victims of the NYC BOE Black List can be given information of how to be removed from this "LIST"
By the way, I heard that as of several weeks ago, the List was replaced by a payroll code.
Below are the emails that a retired teacher sent me a year after he settled. He was shocked to find out that even though he had settled his case, he was still listed as 'ineligible'.
As you all know - if you have read my website or this blog - Theresa Europe is the Director of the Administrative Trials Unit (ATU) at 51 Chambers Street New York City. She is the leader of The Gotcha Squad.
Here are the emails:
I, as well as scores of others, were placed on an Ineligible List. This list, according to Theresa Europe is forever! What this does in effect, is to prevent me from ever working in private special education. Keep in mind...I won my case,all charges were dropped, all money I WOULD HAVE MADE in summer programs was given to me...
From: Mr. Teacher
Sent: Thursday, April 29, 2010 11:18 AM
To: Europe Theresa; email@example.com
Subject: Inquiry list?
Dear Ms. Europe,
... My frustration comes from the fact that I was not found guilty of anything, monies were returned to me and still for some reason I can't fathom; I am being punished after my retirement. Please keep in mind, that I fully cooperated with the DoE on my as well as other related matters involving a prior lawsuit and its protagonists. We enjoyed a cordial and professional relationship which I trust has not been destroyed. I ask again, that you reconsider and assist me in removing my name from the Inquiry/Ineligible list.
Sent: Thursday, May 13, 2010 1:42 PM
To: Europe Theresa
Subject: Re: Inquiry list?
Dear Ms. Europe:
I have found an employer that is interested in employing me as a consultant. They checked the Ineligible list and will not begin my employment unless and until my name is removed from that list. My name was placed on that list before any hearings began. My point is simple. I was not found guilty of anything. I retired of my own free will and agreed to irrevocable retirement. I was refunded monies as proof of my innocence. There is no reason in the world for my name to be on a list which blackballs me. Please take whatever measures necessary to remove my name from this list. It is inappropriate to punish people when they are innocent especially when they retire.
From: Europe Theresa
Cc: Gordon Andrew
Sent: Thu, May 13, 2010 12:36 pm
Subject: RE: Inquiry list?
You are not precluded from working with all vendors but there are some who must check the Inquiry List as part of their contractual terms with the DOE. Should you find a vendor who is interested in hiring you, and they are required to check the Inquiry List, please contact Human Resources as they will review the matter and determine whether your employment with that vendor is appropriate.
...I am trying to assist you however, that seems impossible. You spoke of a vendor months ago that which you claim wanted to hire you. I called that person not once but TWICE to discuss your potential employment with that vendor to which, she never returned my call (which leads me to believe that while she may have told you that she wanted to hire you, she actually didn’t since she didn’t return my calls).
You will not be removed from the list. You entered into a stipulation of settlement wherein you irrevocably retired. As such, with EVERY irrevocable retirement/resignation, the person is placed on this list. (emphasis added by Editor) You were not refunded any monies as proof of innocence. We entered into a stipulation and agreed upon terms. If you wanted to be found innocent, you had the option of proceeding with a hearing on the merits. Since the arbitrator did not hear any testimony, you certainly cannot say you were found innocent and conversely, the District cannot say you were found guilty. The merits were not addressed. I have attempted to help you but clearly, your focus is only being removed from the list which we are not going to do. Again, and for the last time, if whatever vendor you claim WANTS to hire you, they should contact Andrew Gordon. You will receive no further communication from this office.
How The New York City "Gotcha Squad" Gets Tenured Teachers Declared "Incompetent", and Placed in a Rubber Room by Betsy Combier
PANG v NYC Board of Education