Saturday, November 23, 2013

Special Commissioner and Investigations of Tenured Teachers

Does the Special Commissioner of Investigation have the right to obtain sworn testimony from a tenured teacher?

Posted on December 15, 2012

Edflawfaqs Editor Jeff Kaufman

No. Patricia Sabater, a tenured assistant principal and teacher at an elementary school in Brooklyn was asked to provide sworn testimony about sexual harassment and unlawful touching among students by Special Commissioner of Investigation Richard Condon’s office. SCI wanted to determine whether Sabater had failed to act on and report complaints about these allegations.

Sabater and her attorney refused to answer questions under oath asserting the right, under Education Law 3020-a, not be forced to give sworn testimony in a disciplinary hearing. They argued that a pre-hearing sworn statement was barred.

The SCI sought a court ordered subpoena to force Sabater’s sworn testimony. Justice Carol E. Huff of New York County Supreme Court denied the application. While it is true that Condon’s office has broad powers to investigate and prosecute cases in the DOE a subpoena cannot be used as a way around the protections of Education Law 3020-a. Huff also rejected Condon’s argument that as an assistant principal Sabater could not use the 3020-a protections holding that the statute did not distinguish among those with tenure.

In the Matter of RICHARD J. CONDON, in his official capacity as Special Commissioner of Investigation for the New York City School District, Petitioner, – against – PATRICIA SABATER, Respondent. Index No. 401175/12, SUPREME COURT OF NEW YORK, NEW YORK COUNTY, 2012 N.Y. Misc. LEXIS 5503; 2012 NY Slip Op 32889U, November 30, 2012, Decided

No comments:

3020-a Arbitration Experts

Contact me with a concern or issue

I assist anyone who needs help, so email me your problem to start the ball rolling! I am a teacher/parent advocate, and I am the editor/writer for this blog and the website parentadvocates.org. I also write about court corruption on my blog "NYC Court Corruption". I am interested in random injustice and the criminalizing of innocent people. If you want to chat you may email me at: betsy.combier@gmail.com and I'm on twitter and have a facebook page too. I'm not an attorney and do not give legal advice.

If you want to talk with me about your 3020-a charges, I consult and go over your case without charge. No fee.

And, in response to the lies of certain individuals who resent my work, the truth is that all conversations are confidential and I do not tape secretly.

My Thoughts and Raison d'etre

This blog is about the denial of Constitutional rights by the Mayor, the New York City Department of Education and the Chancellor, New York State and Federal Courts, New York State legislature, and the United Federation of Teachers (UFT), as well as PACs and all parties participating in the business of public school education in New York City, to harm and in neglect of parents, children, and staff of public schools in the five boroughs. These thoughts are not simply mindless conclusions reached out of thin air, but a result of 14 years of research into the NYC DOE and the Courts as a reporter and paralegal. I am an advocate of Unions and union rights, public schools and charters, and learning online as well as outside of the classroom. I cannot and do not support anyone, whether they be union management, government, private members of the political or legal system, or simply retired teachers with an agenda, if he or she tramples, discards, or rebuffs anyone's individual civil rights. As a reporter, journalist, advocate, researcher and paralegal, I have created this blog to inform the public about my experience working for the UFT and being the parent of four daughters who went through the public school system in NYC, as well as examine issues that flow from the massive denial of due process rights that I saw and have documented. The two most important points you should remember: first, everyone at the New York City Board/Department of Education and all Union bigs are motivated by power and money, and looking good. If anyone dares to blow the whistle on these racketeers, retaliation follows, so be a strategist; second, I am not an Attorney and nothing I write or say is legal advice, simply my thoughts. Take 'em or leave 'em. Betsy Combier, Editor NYC Rubber Room Reporter http://nycrubberroomreporter.blogspot.com New York Court Corruption http://newyorkcourtcorruption.blogspot.com Parentadvocates.org http://www.parentadvocates.org Facebook: http://www.facebook.com/betsy.combier Twitter: http://twitter.com/BetsyCombier The NYC Public Voice http://nycpublicvoice.blogspot.com/ betsy.combier@gmail.com Lawline July 27, 2011 http://www.teachem.com/lawlinetv/learn/lawline-tv-teachers-unions-the-last-in-first-out-rule/

The E-Accountability Foundation

The E-Accountability Foundation brings you this blog which highlights issues that have or should be read by people interested in civil rights, and accountability. The E-Accountability Foundation is a 501(C)3 organization that holds people accountable for their actions online and, through the internet, seeks to bring justice to anyone who has been harmed without reason. We give the 'A for Accountability' Award to those who are willing to blow the whistle on unjust, misleading, or false actions and claims of the politico-educational complex in order to bring about educational reform in favor of children of all races, intellectual ability and economic status.

Testimonials From Some of Our Clients

“Dear Betsy,
I am forever indebted to you, Betsy, for your expert advice throughout a horrific ordeal. You worked tirelessly to prove my innocence in a 3020a proceeding that was instigated by a corrupt school district and fueled by lies. My proceedings ended with my complete exoneration, my record expunged and my immediate return to the classroom. We didn’t even need to file an appeal! Thank you, Betsy. I am now eligible to retire and enjoy the benefits you helped me to protect. God bless you and the work you do protecting the innocent.
Maria G;

Debbie B.

Betsy is willing to be a go to person for you, if there are anyone else in a situation that you feel would require someone with years of experience in 913 and 3020A, she’s a great source and contact for us. Believe me she was like finding a needle in a haystack. I can tell you first hand that I have researched many people that claim they do this work and was very disappointed with the contacts I made. I had to fire my NYSUT attorney who only wanted to settle, and the terms made me sick. Betsy is smart, knowledgeable, and nonjudgmental regarding these cases. I was completely exonerated at my 3020-a due to her research and diligence. She was an absolute necessity to help me go through a dreadful experience.

David P.

To whom this may concern, I want to recommend Betsy Combier as the best person you could have in your corner. From the first day I met Betsy I felt secure. I had the misfortune of having to go through a 3020a hearing and with help of Ms. Combier my job was secure, I don’t know where I would be without Betsy’s help and support. She is still assisting me with my federal case. I could not recommend Betsy any higher, she is a person of her word, and her expertise is important and necessary for everyone without any problem. David P.

Laura B.

I was charged with a 3020A in October 2016 after receiving three developing ratings in a row. I called numerous law firms as well as my union. Most people who I talked to said that I should settle because I was fighting a losing battle. A lawyer told me that anyone that says you can win a 3020A is a liar. I heard about Betsy from a teacher placed in my building who was going through the 3020A process. I hired Betsy and one of the Attorneys who works with her and her company, and won my case! Betsy saved my job and saved my life because she was emotionally supportive at a time when I needed it the most. Betsy goes above and beyond for her clients. She is readily available day and night for her clients. Betsy’s knowledge of education law is exceptional and she was a great help to my attorney. Betsy is relentless and fights hard for her clients.

Jason R.

I met Betsy Combier approximately about 5 years ago, as a result of a recommendation from a colleague. Since then she has been an advocate of mine ever since, and has worked above and beyond my expectation. Betsy fights against the wrongdoing of public education officials in New York City. Throughout the extremely difficult arbitration, Betsy fought for my unalienable rights, even though my former principal did everything in her power to tarnish my name and damage my career. Betsy is not an attorney yet she has the experience and knowledge that is above and beyond that of an attorney and follows through on all issues. She is truly an angel from heaven above, and a quality public defender.

Alexandra F.

Dear Betsy,

I just wanted to reach out and say thank you for CONSTANTLY being there for me throughout such a tumultuous time in my life. I have been battling severe harassment at my place of work for months now, and you have advised me through every single second of it. I would not have had the strength or confidence to battle such an evil administration without your help. You have answered my phone calls from 7AM through nearly midnight with any and all of my concerns. I have called you countless times to just vent, or even cry, and you have been there with open arms to pivot my negative anticipations into positive advocacy. You have gone above and beyond your line of duty to help me, and for that, I can never repay you. You have changed the outcome of my life, and led me to justice. More importantly, you have led me to happiness again, for which I am eternally grateful. As I am getting older, I am realizing that there are many bad people in this world, but you are TRULY one of the good ones. When one finds a great person in life with their true best interest at heart, they should hold onto that and take their word as bond. My last statement truly defines you, an expert in what you do, as well as a 24 hour support system. You are amazing Betsy, and my life would truly not be the same if you had not stepped into it!!!!!

Thank you again for EVERYTHING you have done for me. Your advisement and care will be carried in my heart for the rest of my life.

Alexandra F.

Performance Management - Office of Labor Relations

From Betsy Combier

The NYC Office of Labor Relations, with the support of the UFT, has issued to principals a document called
"Performance Management" on how to get rid of an incompetent teacher. Who is an "incompetent teacher"? Anyone the NYC Department of Education wants to remove from the system because he/she is too senior (makes too much money), is disabled (and therefore cannot be deemed factory-perfect) and/or is other impaired (is a whistleblower, cannot be intimidated, is ethnically challenged - not the 'right' race, etc).

ATR CONNECT

Tenured Teachers who are found to be guilty of misconduct or incompetency at 3020-a but are not terminated, who have blown the whistle on the misconduct of politically favored NYC Department of Education employees, and/or who are simply disliked for any reason can suddenly find themselves in the ATR ("Absent Teacher Reserve") pool - employees without rights or voices, and without chapter leader union representation.

This new group of people are the "new" rubber roomers without representation at the UFT and denied the protection of the Collective Bargaining Agreement, because basically they have been pushed out of their jobs unfairly and under color of law by Mayor Bloomberg and the Chief Executives of the Department of Education who call themselves "Chancellors", "Network Leaders", "Superintendents", etc., consistently without any facts or evidence to support the false claims.

A group of teachers who are, or were, made into ATRs, ATR Polo Colon, and I, Betsy Combier, an advocate for transparency and labor/employment rights, have joined together to expose the denial of due process, civil and human rights by chiefs of the NYC Department of Education (NYC DOE), certain arbitrators at 3020-a, leaders of the United Federation of Teachers (UFT), the "investigators" -agents who work for the Special Commissioner of Investigation (SCI), Office of Special Investigation (OSI), and the Office of Equal Opportunity (OEO) - and the Attorneys who work for the New York United Teachers (NYSUT), and the New York Law Department (Corporation Counsel).

In order to protect the safety of those who join this group to promote an end to the "Rubberization" process described on this blog since 2007, names of those who tell their stories will, for now, remain anonymous if the person so desires, and Polo and I will be the gatekeepers. So if you are an ATR, or know a story involving an ATR or someone re-assigned or about to go into a 3020-a, please use the email address advocatz77@gmail.com and give us your contact information. We will protect your anonymity and hold onto your privacy.

Betsy Combier and Polo Colon, Editors

The Re-Assignment Overview by Betsy Combier

The New York City Board of Education decided in 2002 to rid the public school system of staff who interfered with their takeover and control. The criteria for a "good teacher" is now, more often than not, a "silent teacher", a person who never asks questions, is younger than 40, is making a salary below $50,000, does not care about kids and what they learn, or whether or not money (books, supplies, equipment, etc) is missing. When a teacher or staff member of a school dares to do the right thing and speaks out about wrong-doing - this person is often called a "whistleblower" or "flamethrower" - or, simply is not liked for any reason by the Principal/NYC personnel, suddenly he/she is accused of something by somebody ("given a label of "A", "B", "C", and so on) and whisked away to a drab room called a temporary re-assignment center or "rubber room". Members of the offices of the Special Commissioner of Investigation or the Office of Special Investigations then start work on building a case against the person to justify their being thrown in prison, declared "unfit for duty", or, as Mr. Joel Klein has said, characterized as "guilty of sexual activities and corporal punishment" against the children of New York City.The stories of the people I have met who sit every day in the 8 rubber rooms of NYC prove to me that Mr. Klein is very wrong about his assessment, and this blog is created to prove it to you.

NYC EdStats You Can Use

New York City Schools by the Numbers
By John Tarleton
www.indypendent.org

$12.5 billion: Annual New York City Department of Education (DOE) budget (2002)

$21 billion: Annual New York City DOE budget (2009)
1,719: Number officials employed by the DOE central administration in June 2002

2,442: Number of officials employed by the central administration as of November 2008

2: Number of DOE officials earning more than $180,000 per year in 2004.

22: Number of DOE officials earning more than $180,000 per year in 2007.

5: Number of DOE public relations staffers in 2003.

23: Number of DOE public relations staffers in 2008.

944: Number of contracts approved by DOE in 2008, at a total cost of $1.9 billion.

20: Percentage of contracts that exceeded estimated cost by at least 25 percent.

$67.5 million: Annual budget of Project Arts, a decade-old program that was the sole source of dedicated funding for arts education. It was eliminated in 2007.

86: Percentage of principals who said in a 2008 poll that they were unable to provide a quality education because of excessive class sizes in their schools.

100,000: Number of seats DOE plans to provide for charter school students by 2012.

25,000: Number of seats DOE plans to build under 2010 to 2014 capital plan.

66,895: Number of K-3 school-children in classes of 25 or more during the 2008-09 school year.

15,440: Average number of seats per year built during the last six years of the Rudolph Giuliani administration.

10,895: Average number of seats per year built during the first six years of the Bloomberg administration.

27.2: Percentage of newly hired teachers in 2001-02 who were Black.

14.1: Percentage of newly hired teachers in 2006-07 who were Black.

53.3: Percentage of newly hired teachers in 2001-02 who were white.

65.5: Percentage of newly hired teachers in 2006-07 who were white.

76: Percentage of white and Asian students who performed better than the average Black and Latino students in 8th grade English Language Arts (ELA) in 2003.

75: Percentage of white and Asian students who performed better than the average Black and Hispanic students in 8th grade ELA in 2008.

77: Percentage of white and Asian students who performed better than the average Black and Hispanic 8th graders in math in 2003.

81: Percentage of white and Asian students who performed better than the average Black and Hispanic 8th graders in math in 2008.

54: Percentage of New York City public school parents who disapproved of Mayor Bloomberg’s handling of education, according to a March 2009 Quinnipiac poll.

Sources: New York City Council, New York City Comptroller’s Office, New York Daily News, New York Post, Eduwonkette, Quinnipiac Institute, Black Educator, Class Size Matters, New York City Schools Under Bloomberg and Klein.

NYC Whistlers, Winners of the NYC Whistle Award

...are those individuals in New York City who are willing to whistleblow unjust, misleading, or false actions and claims of the politico-educational complex in order to bring about educational reform in favor of children of all races, intellectual ability and economic status. Whistlers ask questions that need to be asked, such as "where is the money?" and "Why does it have to be this way?" and they never give up.

These people have withstood adversity and have held those who seem not to believe in honesty, integrity and compassion accountable for their actions.

Congratulations, and keep up the good work!

Betsy Combier

A great teacher

After being interviewed by the school administration, the prospective teacher said: 'Let me see if I've got this right.

'You want me to go into that room with all those kids, correct their disruptive behavior, observe them for signs of abuse, monitor their dress habits, censor their T-shirt messages, and instill in them a love for learning.

'You want me to check their backpacks for weapons, wage war on drugs and sexually transmitted diseases, and raise their sense of self esteem and personal pride.

'You want me to teach them patriotism and good citizenship, sportsmanship and fair play, and how to register to vote, balance a checkbook, and apply for a job 'You want me to check their heads for lice, recognize signs of antisocial behavior, and make sure that they all pass the final exams.

'You also want me to provide them with an equal education regardless of their handicaps, and communicate regularly with their parents in English, Spanish or any other language, by letter, telephone, newsletter, and report card.

'You want me to do all this with a piece of chalk, a blackboard, a bulletinboard, a few books, a big smile, and a starting salary that qualifies me for food stamps. 'You want me to do all this and then you tell me. . . I CAN'T PRAY?

Joel Klein's famous statement about rubber room teachers and staff

On November 27, 2006, temporarily re-assigned teacher (TRT) Polo Colon asked Joel Klein, the "pretend" Chancellor of the NYC public school system, if he had voted to terminate teachers at the secret Executive Session held just before the public meeting of the Panel For Educational Policy.Mr. Klein answered,
"We did not vote to terminate you. We did vote to terminate a teacher in executive Session...in fact, we voted to terminate two teachers. It's perfectly consistent with the law.Many teachers have been charged with sexual activities and some are charged with corporal punishment...I have no interest in removing people who are qualified to teach, I can assure you, because I dont get any return...and in fact, I have complained publicly about how long this process drags out. But our first concern will always be and, as a former lawyer and somebody who clerked on the United States Supreme Court I will tell you, there is no violation of due process whatsoever..."- extracted from the audiotape of the PEP meeting bought by Betsy Combier after filing a FOIL request to the NYC BOE

Teacher, what do you make?

The dinner guests were sitting around the table discussing life.

One man, a CEO, decided to explain the problem with education. He argued, "What's a kid going to learn from someone who decided his best option in life was to become a teacher?"

To stress his point he said to another guest; "You're a teacher, Bonnie .
Be honest. What do you make?"

Bonnie, who had a reputation for honesty and frankness replied, "You want to know what I make? (She paused for a second, then began....)

"Well, I make kids work harder than they ever thought they could. I make a C+ feel like the Congressional Medal of Honor winner.

I make kids sit through 40 minutes of class time when their parents can't make them sit for 5 without an I Pod, Game Cube or movie rental.

You want to know what I make?
(She paused again and looked at each and every person at the table)

I make kids wonder.

I make them question.

I make them apologize and mean it.

I make them have respect and take responsibility for their actions.

I teach them to write and then I make them write. Keyboarding isn't everything.

I make them read, read, read.

I make them show all their work in math. They use their God given brain, not the man-made calculator.

I make my students from other countries learn everything they need to know about English while preserving their unique cultural identity.

I make my classroom a place where all my students feel safe.

I make my students stand, placing their hand over their heart to say the Pledge of Allegiance to the Flag, One Nation Under God, because we live in the United States of America.

Finally, I make them understand that if they use the gifts they were given, work hard and follow their hearts, they can succeed in life ( Bonnie paused one last time and then continued.)

Then, when people try to judge me by what I make, with me knowing money isn't everything, I can hold my head up high and pay no attention because they are ignorant.

You want to know what I make?

I MAKE A DIFFERENCE.

What do you make Mr. CEO?

A Review of Battling Corruption in America's Public Schools by Betsy Combier

Lydia Segal's book puts the NYC, Chicago, and California Departments of Education on notice....we who have read this book know more about how the system is not there for our kids than "you" want us to know.
Lydia Segal's book Battling Corruption in America's Public Schools changes the public school reform movement forever. We can no longer assume that more money allocated to our schools will "fix" the disaster that is our public school system.

Lydia Segal draws on her 10 years of undercover investigation and research in over five urban school districts, including the three largest, New York City, Los Angeles, and Chicago, and the two most decentralized, Houston and Edmonton, Canada, to provide, in her new book Battling Corruption in America's Public Schools, the details of the corruption, theft, fraud, and patronage that has overrun our public school establishment for several decades. There is no question that anyone who is interested in school reform -this means anyone who pays taxes, is a parent or guardian of a child attending school and/or who works toward a goal of establishing an education system that puts children first - must read this book. Ms. Segal's research and information on the education establishment's 'dark' side outrages the reader, and incites us to demand change. Her book therefore, is much more than a book, it is a call to action. We cannot be bystanders any longer to the systemic abuse she so vividly describes, and we will never be able to listen in the same way ever again to school Principals, Superintendents, school custodians or district board members as they request more money "to help the children."

The book's detailed reports on the corruption and crime in our public schools, supported by 52 pages of interview notes, references and specific examples, provide irrefutable evidence that the current failures of our nation's public schools are not due to the lack of money but the impossibility of getting the money to the children who need it and for whom the money is allocated in the first place. Recent statistics show that students of all ages are not learning what they need to know, schools are overcome with violence, teachers are demoralized, and yet billions of dollars are literally shovelled into the system every year. The New York City school system receives more than $16 billion every year; Los Angeles, $7 billion; and Chicago, $3.6 billion. Where does this money go? We have all asked this question as we have walked through school hallways dodging the paint falling off the walls and ceilings, watching our children sitting on broken chairs, using bathrooms without running water or toilet paper, and struggling to achieve their personal best without the services and resources they are supposed to have. Battling Corruption in America's Public Schools is the first book ever to systematically examine school waste and corruption and how to fight it. Ms. Segal, an undercover school investigator turned law professor, documents where the money goes, how waste and fraud embedded in the operation of large school bureaucracies siphon money from classrooms, distort educational priorities, block initiatives, and what we can do to bring badly-needed change. She describes in detail how only a small percentage of the money allocated to students in our public schools actually gets used by them due to corruption and waste, and how city school systems scoring lowest on standardized tests tend to have the biggest criminal records and most payroll padding. Coding problems, the procurement process, compartmentalization and opacity of information leave administrators with only two options: good corruption (which ultimately helps the kids) and bad corruption (which never helps anyone but the perpetrator and his/her allies and accomplices). Indeed, the system fights those who try the good corruption route.

Ms. Segal argues that the problem is not usually bad people, but a bad system that focuses on process at the expense of results. Decades of rules and regulations along with layers of top-down supervision make it so hard to do business with school systems that they encourage the very fraud and waste they were designed to curb. She tells us about how the "godfathers" and "godmothers" (the school board members) obtain jobs for their "pieces" in order to protect the systemic waste and fraud from being dismantled or exposed. Fortunately, she writes, there are good people involved in the corruption as well who must violate the rules in order to get their jobs done. Nonetheless, absurdities abound: school systems following rules to save every penny spend thousands of dollars hunting down checks as small as $25; it takes so long to pay vendors for their work that some have to bribe school officials to move their checks along; caring Principals who want to fix leaky toilets may have to pay workers under the table because submitting a work order through the central office could, and often does, take years. Meanwhile, those who pilfer from classrooms get away with it because the pyramidal structure of large districts makes schools inherently difficult to oversee. What makes Battling Corruption in America's Public Schools a must-read is not only the fascinating - and depressing - details of the systemic wrong-doing but also Ms. Segal's suggestions for reform, based on the proven track records of school systems across North America that have successfully reduced waste and fraud and have pushed more resources into schools.

The pathology of the corruption suggests the remedy, Ms. Segal says, which is decentralization of power into the schools and the hands of the Principals. Distilling what successful school systems have done, Segal advocates new forms of oversight that do not clog up school systems and recommends giving principals more discretion over their school budgets as well as holding them accountable for job performance. She argues for "autonomy in exchange for performance accountability" as part of a bold, far-reaching plan for reclaiming our schools. Her conclusion is logical and convincing. Everyone who reads this book will find his or her perception of public school education changed forever. We cannot accept any longer that a generation of children has been abused by a system that is so full of greed and corruption without screaming "stop!" and "Your game is up!"

Segal reveals how systemic waste and fraud siphon millions of dollars from urban classrooms and shows how money is lost in systems that focus on process rather than on results, as well as how regulations established to curb waste and fraud provide perverse incentives for new forms of both. Anyone who is interested in school reform--this means anyone who pays taxes, is a parent or guardian of a child attending school, and/or who works toward a goal of establishing an education system that puts children first--must read this book. --

Lydia G. Segal is Associate Professor of Criminal Law and Public Administration at John Jay College of Criminal Justice, City University of New York.

Disclaimer

This page states the general terms of use under which you, the blog visitor (hereinafter "you", "user", or "visitor") may use NYCrubberroomreporter.blogspot.com. By reading this blog, you agree to all of the terms set forth below. You may reprint, copy, and use any article on this website as long as you do not sell or change the article and you cite this blog as your source. This blog reserves the right, in its sole discretion, to change any or all of the provisions of this "Terms of Use & Disclaimer Agreement" at any time; the agreement in effect at the time of your use shall govern your use and your use after the effective date of any changes to these Terms will be deemed acceptance of your acceptance of the changes. We have followed what we believe to be the guidelines of US Code TITLE 17, Chapter 1, Section 107: FAIR USE: "the fair use of a copyrighted work, including such use by reproduction in copies or phone records or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, is not an infringement of copyright." We will, if asked with good reason to remove any material from our site that the original owner feels may jeopardize their standing before the Law, do so. We oppose violence of any kind, disrespect, verbal or physical abuse, and any kind of theft or hurtful behavior toward anyone at any time, and expect all users of this blog to be mindful of these values and use the information we have collected in good faith. We have made every effort to describe the actions, not motives, of public people, and we have supported everything that we post with documents to prove the validity of what we say in order to not make any fraudulent or false claims. We believe that it is a civic duty to expose wrong-doing, and we have the legal right to name the perpetrators who pursue illegal activities as defined by the respondents to their actions. If a public official or employee writes, says, or does anything that is against the Laws of this country or that falsifies data which leads to the intentional infliction of emotional distress, harassment, verbal and/or physical abuse of a student/parent/teacher, we claim license to post the acts of such people on our website, with the name of the perpetrator. The truth is not defamatory. We claim that we are not "out to get" any particular person.You agree that you do not acquire any ownership rights in any downloaded content. You further agree that all rights in the site and any of the content found on the site not granted to you under this agreement are expressly reserved to the editor. You agree to not extract any content in order to repurpose or resell the site's content or tools, and you agree to not "scrape" and/or reformat any information without the written permission of the editor. This blog protects and enforces copyrights for its' own creative material and respects the copyright property of others, as well as our right to "FAIR USE". We do not permit materials known by us to be infringing on the copyright of others to be on the site, and we ask that you notify us promptly if you believe that any materials infringe upon a third-party copyright. Upon receipt of a proper notice of claimed infringement under the Digital Millenium Copyright Act (DMCA) we will respond promptly to remove or disable access to the material claimed to be infringing that is in our direct control, assuming that there is also infringement of FAIR USE. This agreement and any policies and rules posted on this blog constitute the complete and exclusive and final expression of the agreement of the parties with respect to the subject matter hereof. No waiver by the editor of this blog or you of any breach or default under this agreement shall be deemed to be a waiver of any preceding or subsequent breach or default.This blog provides as a service homepages of websites we believe may be helpful to the user; we provide these links and resources solely as a convenience to you, the user, and we do not endorse the content of these sites. We are not responsible for the content of any linked sites and make no representations regarding the content or accuracy of materials on these sites. If you visit any sites linked to this site, you do so at your own risk. We will not assume any responsibility for the servicing or replacing of equipment or data, or any costs for either. This site and its material are provided on an "as is" basis without any warranties of any kind. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE EDITOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE SITE, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THIS BLOG - WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER THE EDITOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES - INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE. THE EDITOR OF THIS BLOG DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT ANY RECOURSE FOR DISSATISFACTION OR PROBLEMS WITH THIRD-PARTY GOODS OR SERVICES WILL BE SOUGHT FROM THE THIRD-PARTY PROVIDER DIRECTLY.To the maximum extent permitted by applicable law, you will defend, indemnify, and hold harmless The EDITOR OF THIS BLOG (and any of her subsidiaries, affiliates, directors, officers, employees, agents, distributors, third party providers, and licensors) from and against all claims, liability, and expenses, including attorney's fees and legal fees and costs, arising out of your use of the site or your breach of any provision of this agreement. The Editor reserves the right, in her sole discretion and at her own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.This agreement, your performance under it, and any disputes arising under it shall be governed exclusively by the laws of internet usage as stated by the federal courts of the United States. You agree to pay all legal fees incurred by any legal action filed against the Editor of this blog in any action in which she as the defendant prevails.Any information collected about your visit to the web site is non-personal in nature and used solely for the purpose of helping us to assess the areas of our site that are most useful to visitors, and therefore need to be as complete and user-friendly as possible. In the area of listserv sign-ups, contribution data, and/or any other email or membership sign-up option now or in the future on our site, all information is collected on a strictly voluntary and confidential basis, and will not be sold, used or released for any third-party purpose. We do not permit any transactions from or by any person who is 13 years old or younger.

NYC Rubber Room Reporter and ATR CONNECT

Saturday, November 23, 2013

Special Commissioner and Investigations of Tenured Teachers

Does the Special Commissioner of Investigation have the right to obtain sworn testimony from a tenured teacher?

No comments:

Get new posts by email:

Site Meter