The answer is, "No". The Commissioner has no subject matter jurisdiction to rule on any 3020-a arbitrator's determination:
"To the extent petitioner seeks to challenge the merits of her suspension, which are now the subject of a pending §3020-a proceeding, petitioner’s claims must be dismissed for lack of subject matter jurisdiction. I lack jurisdiction to review determinations made by hearing officers in §3020-a proceedings. Education Law §3020-a was amended by Chapter 691 of the Laws of 1994 to divest the Commissioner of jurisdiction to review determinations of hearing officers, both final and non-final (Appeal of DeMarco, 48 Ed Dept Rep 252, Decision No. 15,850; Appeal of T.W., 47 id. 400, Decision No. 15,735; Appeal of Fauvell, 47 id. 350, Decision No. 15,720). Therefore, I lack jurisdiction over both the merits of §3020-a charges and procedural objections related thereto (see Appeal of Lovinsky and Simpson, 57 Ed Dept Rep, Decision No. 17,422)."
At all times we objected to the transfer of Appeals to the NYS Supreme Court rather than the Commissioner, for the very basic fact that the Courts - the Judges - decide cases on political standing, not merit. Judges do not know education policy, and do not fine tune arbitrator decisions which are full of errors of fact and law unless pointed out by an excellent pro-Plaintiff/Petitioner representative with an excellent argument.
This makes Appeals (75, 78) and lawsuits much more difficult to win, but still possible unless the Plaintiff/Petitioner happens to have Judge Shlomo Hagler in the NYS Supreme Court, Manhattan. He dismisses all Petition Article 75 appeals. We know, we have watched him insult all Petitioners who come before him for oral argument since 2013.
Manhattan Supreme Court Judge Shlomo Hagler Sued By Board of Bialystoker Synagogue (2013)
The bottom line is to fight as is your right every lie, fake fact, newspaper lie that is published until your name is cleared.
Decision No. 17,507