Why?This leaves no appeal, as an Article 75 Petition filed in the Supreme Court to overturn a 3020-a arbitrator's decision is called. The arbitrator in her case had nothing to look at about whether or not the charges were untrue.
I don't know of any 3020-a decision won by a Respondent(charged employee) who did not testify. All the cases I have show termination.
In the case of J.S., who filed an Article 75 to overturn his arbitrator's decision but he did not testify, New York State Supreme Court Judge Alice Schlesinger reprimanded him for not testifying. She told us that she needed something from the Petitioner at the 3020-a to use if she denied the Corporation Counsel's Motion To Dismiss. I was in her chambers, invited by her after I went with J.S. to his oral argument. She told us that she had to sustain the termination, even though she didn't want to, because J.S. had a witness who testified that he was an excellent teacher. She dismissed the Petition.
In sum, do not go to a 3020-a and not testify. Give your side of the story.
Editor, NYC Rubber Room Reporter
Editor, New York Court Corruption
Editor, National Public Voice
Editor, NYC Public Voice
Editor, Inside 3020-a Teacher Trials