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Wednesday, October 1, 2014

The Newest 3020-a Arbitration Scam By The DOE and UFT: Termination For Non-Attendance at Professional Development

Here is a new way to find yourself without a job.

Over the past year, I have seen the decisions of arbitrators on the Teacher Performance Unit (TPU) subtly change.

Now, many arbitrators who decide not to terminate the educator (for various reasons, but the main one is that the Department of Education did not prove by a preponderance of the evidence that the charges were valid) include in their decision as penalty some sort of professional development or classes.

Here are some of the decisions handed out in the past couple of months:

* "As a condition of his continued employment with the Department, Respondent shall be required to successfully complete twenty (20) hours of professional development within one (1) year of the date of this Opinion and Award. The Department shall be responsible to pay for the professional development and shall have the exclusive right to determine what type of professional development Respondent must complete."

* "At the Department's discretion, Respondent shall be required to complete additional training to address her pedagogical issues."

* "During his suspension without pay, Respondent shall enroll and successfully complete courses, approved by the Department,  to achieve the goals and objectives contained in _____'s action plan..."

* "Respondent is to attend courses on the topics of Planning, Classroom Management and Delivery of Instruction, to be paid for by the Department."

These are just a few of the Awards given, in addition to a fine.

How did this penalty of taking PD and paying a fine become so common? At the same time, no less, that the Teacher Effectiveness Program became the new Gotcha Squad?

Were arbitrators told something by the Department and NYSUT that allows these types of penalty? Why I am asking these questions is because I know several of these cases, and it is doubtful that these teachers needed any PD.

The DOE Attorney Jade Fuller is one of the prosecuting attorneys who are on the TPU panel, and she wants all teachers terminated no matter what the allegation is. She always wears an elephant pin. Different elephants.

Jade Fuller

Here is her background:

Adjunct Professor

Corinthian Colleges
– Present (3 years 1 month)Everest College-Online

Litigation Attorney

New York City Department of Education
– Present (3 years 10 months)


Giaimo Associates, LLP
(4 years 1 month)


Giaimo Associates, LLP
(2 years 4 months)

St. John's University School of Law

Juris Doctorate, Law

North Carolina Central University

Bachelor of Arts, Political Science

The TPU now has the arbitrators ordering classes for the allegations they have "proven", even if the charge has not been documented or testified about. The classes are given by OTE, office of Teaching Effectiveness, and are held from 4-7. If the arbitrator orders professional development of any kind "at the discretion of the Department", you have to go. If you don't, cant, or forget, you will be terminated.

Immediately. Without any hearing or due process.
I heard from a teacher ordered into these classes that the OTE PD instructor said that all instructors were told that if a person did not show up and complete all classes, this person would be immediately terminated from the Department of Education. Tenure rights no longer exist, it seems.
All calls to the UFT have been unanswered.


Anonymous said...

What's the big deal? At least they got to keep their jobs. I wouldn't make an issue of it and just go to the classes. I would have been thrilled to be given that - it's a slap in the arm and nothing else. Frankly, if they don't show up / they should be fired. I'm tired of people who they they are above the law.

Anonymous said...

NYCDOE Legal Counsel appears to be so inept in their "Legal Responsibilities" OUTSIDE
the confines of "Kangaroo-Court" 3020-a Proceedings, that even The New York State Department of Labor grants 3020-a Victims the Rights of Unemployment Insurance.

3020-a Proceedings contain just 4 Steady Participants:
The Accused, The UFT Attorney, The NYCDOE Attorney, and The "Impartial" Arbitrator.

Case after Case, the only Participant that changes is The Accused.
The other three work together on every case involving The Accused's Livelihood.

"Familiarity Breeds Contempt".