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Showing posts sorted by relevance for query Eileen Ghastin. Sort by date Show all posts
Showing posts sorted by relevance for query Eileen Ghastin. Sort by date Show all posts

Saturday, April 8, 2017

Stellar, Dedicated Teacher Eileen Ghastin Fights the Arbitrator's Decision To Suspend Her For Four Weeks After Almost Being Beaten Up in Her Class

Eileen Ghastin
Eileen Ghastin is everything you would want in a teacher. She is knowledgeable about her subject, knows how to teach it (English), and cares deeply about the learning and success of her students. So many students love her and respect her. See the letter from a former student:

From: N B
To: Jennifer Hogan <jhogan@nysutmail.org>
Cc: 
Bcc: 
Date: Tue, 31 Jan 2017 00:02:32 +0000
Subject: RE: Eileen Ghastin
I just had a conversation with my mother and she gave me her permission to testify. If you'd like to confirm with her, her number is                . My address is                       . Ms.Ghastin is the best teacher I have ever come across within my entire academic career. Not only did she help me reach my full academic potential, she also is one of the most understanding teachers I know. After discussing with her, how I had trouble being organized because of the difficulty in my home life, she personally bought me an organizer in which i used the rest of the year. Going out of her way for me, i will never forget that kindness. I also witnessed it with my fellow students because she would personally invest her time into helping those who needed it most. She is a devoted, kind and caring teacher. Not only did we focus on the academic lessons in the classroom but enriching life lessons. Ms. Ghastin all around is a truly one of a kind teacher because i have never encountered someone as invested, dedicated and devoted to her career and her students, in whom she treated with respect as if they were her own children." 

And yet it took just one student and one bad principal to end everything.

Eileen's school, Flushing High School is a Renewal School, a place where students who did not get any of their other choices for High School, attend. It is a place where no one is safe, there are no consequences for anything anyone does, and discipline doesn't get in the way of ignoring anyone's misconduct.

At her 3020-a Student "D" testified:

"A. Overall, I would say I enjoyed my
20 experience. But it wasn't the best place to be.
21 Like, there were times I was kind of scared to walk
22 down the hallways. There were times where, like, I
23 would witness fights and drug deals going on. It
24 was, it was a really frightening environment....


I felt unsafe".

He testified that

" There are some teachers where you accidentally call
4 "mom". Like, we all have that one teacher where we
5 feel safe around them, where we feel the need that we
6 can express ourselves freely. Ms. Ghastin provided,
7 like, a really safe environment, a really free
8 environment, where I was able to just, like, talk--
9 like, it could be any--anything about the curriculum,
10 or basic life lessons in themselves. Like, for
11 example, we were doing Uncle Tom's Cabin, and we were
12 relating things to modern day racism. And we were
13 able to voice our opinions on as to how we felt about
14 the book, about, like, modern day experiences, about
15 everything. We didn't feel like we were restricted
16 in any way
 "

He transferred out.

Principal Tyee Chin has been in the NYPOST recently, accused of fraudulently raising graduation rates. Flushing HS is a school dying for lack of good leadership and without any possibility of providing a safe environment for students.


But Eileen took on the challenges, and rose above them. She has been teaching for 19 years, starting at Flushing HS in 2011, and has earned a stellar rating every year, despite extremely insulting comments coming from the students at Flushing. Statements like
 "Suck my dick," was something frequently used by the students, and: "Shut the fuck up. What is wrong with you?....".

 "...there was another incident in another class where a girl threatened to bring in a gun to shoot me and to shoot up the building"

Eileen wrote up all the incidents and reported them. Nothing ever came of  that. But on May 16, 2016, Eileen's life changed forever. On that day, a student came in late, and was disrupting the class. He did not want to listen to her asking him to settle down. In fact, he starting verbally abusing her and calling her a "bitch". Eileen testified that:

"And at, at this point, he kind of like swatted at me. And unfortunately, I became very upset. I said, "Student "A"," I, I did yell.  I said, "Move fast. Move, now." And he just got very upset. You know, he is like, "Who the fuck are you talking to?" And then again I said, "Look," you know, I got upset.
I said, "You know that you cannot yes "fucking" to me. You just can't say "fucking" to a teacher. 
You are aware of that. Aren't you aware of that?" And he--that got him even more angry. So he kind of pushed away from his desk. And he says, "I will beat you with this." And he had a cast on his arm. 
As soon as I heard that, I said, "Oh my god, this is getting way out of control." I walked over to the phone to dial a dean....
The teen then “went berserk,” Ghastin said. “He jumped out of his chair, rushed toward me and raised his arm,” encased in a hard cast from elbow to hand.
“I’m going to beat the s–t out of you,” Ghastin quoted him as yelling. “I’m a boxer, so I can ­really f–k you up. "I am really going to do a lot of damage."

Eileen was frozen with fear that she was really going to be hurt. And then, she said, " I thought to myself, I have to say something quickly or else I am going to die. --you know. So, I realized, you know, that he is in a very--a blind rage. If I say something strong enough to him, he will stop.
I said, "If you beat me, I will kill you." 

This statement stopped him.

Eileen said, " Because he stopped. He was like, he kind of stopped, and paused, like, I don't know, like somehow I, I made him aware of what is going on. You know, he was just like stopped, turn around, started saying something about me being an old bitch. Grabbed his stuff, and then walked out."

Eileen apologized to the students still sitting in the room, and told them that it was time to move on, to prepare for the Regents and final exams. So that's what they did. Later, Eileen wrote a statement and the rest is history.

Eileen was charged with 3020-a charges, for verbal abuse,  failure to perform her duties by engaging in conduct unbecoming her position, misconduct, inappropriate comments, and conduct that rendered her unfit to perform her obligations to the service.  She was represented by NYSUT Attorney Jennifer Hogan. The Department was represented by Kareen Evans-McKay.

The DOE also came up with the Specification below, but did not serve it on Eileen, so it could not be used:


Dont you love it? The DOE HATES press coverage they do not control.

Below are excerpts from Arbitrator Williams' shocking opinion and punishment:


"On the instant facts. Respondent's tone and largely responsive comments and language on May 17, 2016, provoked and instigated an escalation of student agitation and conflict; directed extremely disrespectful behavior at a student that served to increase the student's own misguided bravado; all in front of a classroom of impressionable ninth grade students. During the incident, the exchanges of profanity were topped off with Respondent uttering a death threat to the student, "If you beat me, I will kill you."  The language exchanged fell squarely within the parameters of the definitions of prohibited conduct under the Chancellor's Regulations. 

The Respondent's language was belittling; embarrassing; substantially interfered with a student's ability to benefit in the class and education program; interfered with a student's mental and emotional wellbeing; and reasonably could cause a student to fear for their physical safety and could reasonably be expected to cause physical injury. The violation of Chancellors .Regulation A-421 was clearly established.

The proven conduct also evidenced Respondent's unprofessionalism, extremely poor judgment, lack of control, lack of restraint, impulsiveness, and unwillingness to accept the demands of her position. The verbal exchanges that happened were not only unnecessary but the circumstances at issue could have easily escalated into a physical confrontation had student CF not exited the room.
Simply put, Respondent could have mitigated the situation and avoided provocation by not engaging in a verbal power struggle with a child. Respondent's role as a pedagogue is to set a positive example. Respondent failed to heed the often-quoted sentiment of former First Lady Michelle Obama "When they go low, we go high." Teachers, of necessity, are expected to "take the high road" and not lower their standards in student interactions. ......

 Respondent is reminded that it is a privilege to be entrusted with educating students who attend DOE schools. Her privileged role as a teacher carries many dimensions including the modeling of appropriate behaviors to respond to stressful situations. The use of profanity in connection with the normal give and take between a teacher and students; the use of profanity by a teacher in making routine student requests; and the use of profanity in giving directives and feedback to students will not be tolerated. It is the sole responsibility of Respondent to control the use of her language and she failed on May 7, 2016."

In sum, I find the appropriate penalty in this matter to be a four-week suspension without pay penalty; two weeks for the use of profanity during an interaction with a student plus two weeks for the issuance of a verbal death threat to a student. Respondent's future is in her own hands and this is a Final Warning that additional deficiencies of a similar nature warrant termination from employment."  


This decision is so outrageous. Where is the respect and concern for Eileen? Immediately after Eileen received the decision of Arbitrator Richard Williams in her 3020-a, Eileen asked for assistance from ADVOCATZ in filing an Article 75 Appeal to vacate the four weeks' suspension she received as punishment for stopping an out of control boy from permanently destroying her health and possibly worse.

The Department's policy of charging teachers for student misconduct must stop. the DOE and the police work together on this, where students are allowed to do whatever they please because the DOE is afraid of a parent filing a lawsuit to defend their little angels. The police liaisons need the support of the principal to keep their jobs, so the mantra is, if someone comes in and wants to file a complaint at their school, don't take it.

If you touch a student at all in order to stop them, you will be charged with corporal punishment. If you say to the potential assailant "stop, you better not come any closer", you will be charged with verbal abuse. How? Because faster than a speeding bullet the student in the class will report the incident to a nearby adult. No matter who this person is - AP, safety agent, guidance counselor.

Chancellor's Regulation A-421 was the basis for the Specifications, or charges, against Eileen Ghastin. When you read A-421, you can see that everything described is against the teacher or employee. None of the actions that may have caused the employee to act in such a way as to be charged with corporal punishment is described. There is mention of the Discipline Code, but the actions of students remains up to your imagination. The DOE does this for a reason. They want to use the Regulations any way that they want, with the goal to get rid of the teacher and protect the student, no matter what they did. Thus, the DOE can, and does, make up actions of the educator and feelings of the student. They can, and do, make up some pretty wild stuff.

I remember a case a few years ago where the charge was that a teacher, while handing out a test to a student who usually fails  got a great grade,  briefly touched her shoulder to get her attention, then said, "Good job!"

The next thing that happened was the teacher was charged with sexual harassment, and standing above the student while handing out the test so that he could look down her blouse. The girl came in and cried, right on cue. She followed the script.

I'm not kidding. He won his case, however, basically because he is a great guy, but also because the OSI investigator came in and testified that touching someone on the shoulder is not corporal punishment.

The DOE attorneys have a heavy burden at 3020-a: they must make a big enough wad of filth and false evidence so that when it is thrown against a wall, like at the 3020-a hearing, something sticks.


Public Schools in New York City are in chaos right now due to the unfortunate DOE policy of  keeping "Hands Off The Kids!" This policy means that if a child or young adult is coming to you to beat you up, you cannot do anything. You must allow yourself to be beaten up.

We are pulling all stops from this Appeal, in order to fight the random and arbitrary inability of the DOE to control gangs and bad kids in our NYC public schools. This is a detriment to all, and must be changed.

Arbitrator Williams made an error here, an error which must be corrected with all charges removed from Eileen's file and any monetary losses should be reimbursed plus a monetary award to repair Eileen's damaged soul. She needs to be back in a classroom. Now.

It is indeed shocking to me how our public administrators put money and stupid policies over educational excellence. This must stop.

Teacher Quit Letters Point To A Broken System

Betsy Combier
betsy.combier@gmail.com
Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, National Public Voice
Editor, NYC Public Voice
Editor, Inside 3020-a Teacher Trials

Sunday, August 20, 2017

The Partnership of Bully Power and Media Can Convict a Teacher at 3020-a

Bullies have the right of way in New York City, it seems to me after looking into and working on more than 60 3020-a cases of corporal punishment or verbal abuse.

Eileen Ghastin
The case of Eileen Ghastin comes to mind. I've written about her in a previous post after a student threatened Eileen in her classroom with beating her up with the cast on his arm, and he knew how to box, he told her. She was terrified, so she believed that there was only one way to stop him, and that was to say something that would make him re-consider. here is part of the record testimony:

"The teen then “went berserk,” Ghastin said. “He jumped out of his chair, rushed toward me and raised his arm,” encased in a hard cast from elbow to hand.
“I’m going to beat the s–t out of you,” Ghastin quoted him as yelling. “I’m a boxer, so I can ­really f–k you up. "I am really going to do a lot of damage."

Eileen was frozen with fear that she was really going to be hurt. And then, she said, " I thought to myself, I have to say something quickly or else I am going to die. --you know. So, I realized, you know, that he is in a very--a blind rage. If I say something strong enough to him, he will stop.
I said, "If you beat me, I will kill you." 

This statement stopped him."

However the Arbitrator, Richard Williams concluded that Eileen's words embarrassed the student and created a sense of terror in the student and all the other students in the class, and gave her 4 weeks suspension without pay. The lawyer on this case defending Ms. Ghastin was NYSUT Attorney Jennifer Hogan.

But in the record there is testimony that the Student, Student A, had read the article published in the New York Post on May 29, 2016:

My student threatened to beat me — and I’m the one in trouble

and Arbitrator Williams was convinced that reading the article on May 29 2016 was enough for him to conclude he must punish Ms. Ghastin for embarrassing the student.

Huh? Read the Williams' support for entering the POST article at the hearing (Kereen Evans-McKay was the Department attorney making the argument):

"21 MS. HOGAN: …I think
22 there's a distinction between the question of
23 how did you feel as a result of statements being
24 made to you in the classroom versus how did you
25 feel about reading about an allegation contained

in a newspaper. And so I understand your point
3 about the Chancellor's Regulations deriving from
4 the allegations, but here it appears to me that
5 the Department's trying to argue that uncharged
6 conduct, which is notoriety, can be used in
7 making a determination as to whether or not
8 there was a Chancellor's Regulation violation.

MS. HOGAN: ...Here
21 counsel is taking it a step further and asking
22 that question about how the witness felt as a
23 result of reading the newspaper article.

24 THE HEARING OFFICER: But that's a
25 consequence
THE HEARING OFFICER: That question is
6 being answered because in my mind, should I find
7 a violation of the Chancellor's Reg., the impact
8 of the incident and the natural flowing
9 consequences that the student experienced and
10 the impact on that student's future really going
11 forward and interacting with teachers, is
12 relevant in the determination.


MS. EVANS-MCKAY: Okay. So at the end
5 of the day, the Department has to prove for
6 verbal abuse which includes how the verbal abuse
7 by the teacher made the student/students feel.
8 If there is, if there was a follow up to the
9 incident, an incident, there's a continuation of
10 the incident that was now publicized that also
11 bleeds into how the student may have felt by the
12 incident, both the incident that happened inside
13 the classroom and now something that's now been
14 publicized about the incident. So I'd like to

15 be able to ask the student about his feelings
16 about what happened in the classroom and
17 obviously we can only get how this affects him
18 educationally if we get his feelings about what
19 happened and what he read. I think it,
20 everything has to be considered in its totality"


(Transcript, pp. 469-471, 2-3-17)

and then shockingly, Williams tried to get some emotional damages to penalize the Respondent, Eileen Ghastin:

"THE HEARING OFFICER: What ways have 5 you been affected?
6 WITNESS: Well I haven't been affected
7 at all physically. Honestly, I just thought it
8 was a stupid thing to still bring up. I'm not
9 holding a grudge. What was said was said, and
10 it was last year. I think it should have been
11 dropped last year. 

19 A. By the time I saw The Post, I was confused
20 on how she said the story had gone or what had
21 happened. But then just a week after that, I was
22 done. I just let it go." (transcript, pp. 472-473)

"THE HEARING OFFICER: She can--did
4 your friends saying stuff about it change your
5 mind about how it impacted you?
6 WITNESS: No. Every time they brought
7 it up, I said, "Yeah. That was me that got the
8 teacher fired." But I just leave it as that."  (transcript, p. 475)

The arbitrator agreed with the Department that the incident and the write-up in the POST must have embarrassed the Student, and gave Ms. Ghastin the penalty of 4-weeks’ suspension without pay, altering her unblemished career forever.

That Williams used the NY POST to give a penalty of 4-weeks' suspension is absurd, in my opinion. Ms. Ghastin has appealed this decision.

Betsy Combier
betsy.combier@gmail.com
Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, National Public Voice
Editor, NYC Public Voice
Editor, Inside 3020-a Teacher Trials




Bullying on the rise in NYC schools, reports jump 10% compared to 2016: survey
Ben Chapman, NY DAILY NEWS

More city students experienced bullying at their schools this year compared to last year, a Daily News analysis of data shows.

Responses by students to four bullying-related questions on the public schools’ 2017 school survey reveal that more kids are encountering the dangerous phenomenon in their schools.

This year, 81% of 433,715 kids in grades 6-12 who responded to the Education Department’s annual NYC School Survey reported that students harass, bully and intimidate their peers.

That’s a jump from the 71% of 434,693 students who filled out the surveys in 2016.

Critics of the city’s handling of school safety said the figures show bullying is on the rise and public school students are at risk.


“Under Mayor de Blasio’s leadership, our schools continue to get less and less safe,” said Jeremiah Kittredge, CEO of the pro-charter school lobbying group Families for Excellent Schools.


“The mayor must face facts, and act immediately to keep children safe from violence and bullying,” he added.


The city conducts its annual school survey to gather feedback from students, teachers and parents. Education Department officials published the 2017 survey results online on Aug. 8.


Students’ responses to multiple-choice questions on the survey showed increased harassment in public schools, although there were slight changes to the questions from 2016 to 2017.


Education Department spokesman Will Mantell said the city made the changes to more accurately capture schools’ quality, but argued the changes made it impossible to compare results.


“It’s simply not valid to compare multiple-choice survey questions that have different choices,” he said.


“Over the 11 years of the school survey, on questions that have remained the same, the percentage of students feeling safe in school hallways and teachers feeling that order and discipline are maintained have both increased,” Mantell noted.


In 2016, 51% of students said kid bullied each other at school “because of their race or ethnicity.”


On a similar question in 2017, 65% of students said kids bullied each other at school over “race, religion, ethnicity, national origin, or citizenship/immigration status.”


Likewise, in 2016, 55% of students said kids bullied each other at school because of differences “like national origin, citizenship/immigration status, religion, disability, or weight.”


On a similar question in 2017, 73% of students said kids bullied each other at school because of differences “like disability, or weight.”


And in 2016, 46% of students said that kids at their school “harass, bully, or intimidate each other because of their gender, gender identity, gender expression, or sexual orientation.”


That question was unchanged for 2016, when 59% of students reported gender-based bullying at their schools.

Thursday, April 26, 2018

Students Attack Teachers and Staff - NY POST

The proof that the New York City public school system is in disarray can be seen in the statistics of harm done to the people who work or attend schools in the City. Student assaults are a symptom of bad management, plain and simple.

A culture of "hands off the little flowers" (children) no matter what they do, screams to kids, "You can do whatever you want". This well-known but unwritten "rule" harms everyone.

Especially the victims of bullies. A bully cannot exist in a zero-tolerance environment that is cognizant of the need to have accurate facts about circumstances before making conclusions. The NYC Department of Education does not have this embedded in policy at any District or school level, nor are there any "real" investigators ("real" investigators = people are professionally trained to look into the circumstances of events of bullying). It's a free-for-all in our city's schools where the strongest, most politically connected person wins the approval.

With accountability and consequences missing, bullies succeed. And they get people to follow them. This is "mobbing".

This type of mobbing, in my opinion, is a criminal operation created and pursued irrationally - because these are kids we are discussing.

From Wikipedia:
"In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term "crime" does not, in modern criminal law, have any simple and universally accepted definition, though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society or the state ("a public wrong"). Such acts are forbidden and punishable by law.

With the meeting of more than two criminal minds, only malicious harmful consequences can occur. And such a group is almost always successful. No planning or strategies exist to re-direct the extremely malicious focus of a team of criminal minds.

This has to change.

Betsy Combier
ADVOCATZ.com 



Students attacked, threatened thousands of school employees last year

City school kids aren’t just hitting the books, they’re smacking their teachers.
More than 10,000 city school employees, from custodians to principals, and about half of them teachers, were assaulted or threatened by students last school year, The Post has learned.
A total of 10,825 staffers reported incidents in 2016-17, a 4.5 percent increase from the 10,357 ­embattled educators in 2015-16, and 11.8 percent more than the 9,686 in 2014-15, data show.
The number of incidents — including “altercations,” “physically aggressive behavior” and “inflicting serious injury” — also spiked. Schools reported 9,529 cases in 2016-17, up 3.5 percent from 2015-16 (9,211) and 10 percent from 2014-15 (8,677). Some cases involved multiple victims.
And from 2015 to 2017, a staggering 8,253 school employees, including 3,792 teachers, suffered injuries in those incidents.
Gregory Floyd

“The mayor’s narrative is that the schools are safer, crime is down. These stats show crime is not down. Assaults are high, threats are high,” said school-agent union leader Gregory Floyd.
“I’ve said from the beginning of the de Blasio administration, the schools are out of control.”
PS 78 in Queens topped the list with 80 victims of violence or threats in 2014-15; PS 3 on Staten Island held the top spot with 100 victims in 2015-16; and the Island’s PS 60 recorded a leading 179 victims in 2016-17.
The city Department of Education took 18 months to comply with The Post’s Freedom of Information Law request for the disturbing data.
The DOE refused to divulge details on the violence, citing student privacy, but several incidents have made the news:
  • A Bronx special-needs high-school student stabbed his teacher with a No. 2 pencil in October 2015. Devon Smalls, 17, attacked his 44-year-old teacher, Juliet Omenukwa, inside the Jeffrey M. Rapport School for Career Development, police said.Smalls, a special-needs student suspended three days earlier, allegedly punched the shell-shocked instructor and jabbed her multiple times in the ribs with the freshly-sharpened point, according to witnesses and reports. The teen pleaded guilty to harassment, and the charges were dropped on condition he complete community service, the Bronx DA’s office said.
  • In May 2016, a veteran English teacher at troubled Flushing HS landed in hot water for trying to stop a student who threatened to beat her with a heavy cast on his arm. Eileen Ghastin was so terrified when the teen charged at her that she blurted in self-defense, “If you hit me, I’ll kill you.” The May 17 confrontation occurred at a long-troubled school in de Blasio’s $600 million “Renewal” program. But instead of expelling the teen, the DOE suspended Ghastin for four weeks, with a hearing officer saying she should have followed Michelle Obama’s motto, “When they go low, we go high.” Ghastin is appealing.
  • In October 2016, a student at Manhattan Early College School for Advertising pummeled his principal who had asked him to remove his headphones. “He grabbed my Beats and was very aggressive so I lost control,” 18-year-old Luis Penzo confessed, court papers say. Matthew Tossman, 36, suffered two black eyes and a laceration that needed seven stitches. In September, a Manhattan Supreme Court judge granted Penzo youthful-offender status and sentenced him to a conditional discharge: if he stays out of trouble for three years, he’ll avoid prison and a criminal record.
Some teachers believe the number of assaults and threats is much higher, and that many incidents do not get recorded on the DOE’s Online Occurrence Reporting System.
Some administrators don’t want the school to look bad, or they blame the teachers for “poor classroom management.”
“If you complain, you’re a target,” a teacher said.
Michael Mulgrew, president of the United Federation of Teachers, said the union contract mandates a safety plan in every school, and each site should offer counseling, training and conflict resolution.
“One of our frustrations with the Department of Education is that it fails to ensure that this happens in every school,” he said.
The DOE data does not include assaults on school safety agents, who are NYPD employees. The unarmed guards suffer injuries while breaking up fights or trying to restrain kids — some have been punched or stabbed, said union leader Floyd.
“If they assault adults, what would they do to other students?” Floyd asked. “Children are being bullied and threatened too.”
Last September, a bullied teen at Urban Academy School for Wildlife Conservation in the Bronx whipped out a folding knife and stabbed two classmates, one fatally. There were 18 incidents at the school in recent years, five during 2014-15, two in 2015-16 and 11 in 2016-17. The school is closing this year.
“We take each incident seriously and have detailed protocols in place to ensure they are reported, investigated and addressed,” said a DOE spokesman.

The Partnership of Bully Power and Media Can Convict a Teacher at 3020-a

Bullies have the right of way in New York City, it seems to me after looking into and working on more than 60 3020-a cases of corporal punishment or verbal abuse.

Eileen Ghastin
The case of Eileen Ghastin comes to mind. I've written about her in a previous post (I and Attorney Jonathan Behrins are working on her Article 75 Appeal) after a student threatened Eileen in her classroom with beating her up with the cast on his arm, and he knew how to box, he told her. She was terrified, so she believed that there was only one way to stop him, and that was to say something that would make him re-consider. here is part of the record testimony:

"The teen then “went berserk,” Ghastin said. “He jumped out of his chair, rushed toward me and raised his arm,” encased in a hard cast from elbow to hand.
“I’m going to beat the s–t out of you,” Ghastin quoted him as yelling. “I’m a boxer, so I can ­really f–k you up. "I am really going to do a lot of damage."

Eileen was frozen with fear that she was really going to be hurt. And then, she said, " I thought to myself, I have to say something quickly or else I am going to die. --you know. So, I realized, you know, that he is in a very--a blind rage. If I say something strong enough to him, he will stop.
I said, "If you beat me, I will kill you." 

This statement stopped him."

However the Arbitrator, Richard Williams concluded that Eileen's words embarrassed the student and created a sense of terror in the student and all the other students in the class, and gave her 4 weeks suspension without pay. The lawyer on this case defending Ms. Ghastin was NYSUT Attorney Jennifer Hogan.

But in the record there is testimony that the Student, Student A, had read the article published in the New York Post on May 29, 2016:

My student threatened to beat me — and I’m the one in trouble

and Arbitrator Williams was convinced that reading the article on May 29 2016 was enough for him to conclude he must punish Ms. Ghastin for embarrassing the student.

Huh? Read the Williams' support for entering the POST article at the hearing (Kereen Evans-McKay was the Department attorney making the argument):

"21 MS. HOGAN: …I think
22 there's a distinction between the question of
23 how did you feel as a result of statements being
24 made to you in the classroom versus how did you
25 feel about reading about an allegation contained

in a newspaper. And so I understand your point
3 about the Chancellor's Regulations deriving from
4 the allegations, but here it appears to me that
5 the Department's trying to argue that uncharged
6 conduct, which is notoriety, can be used in
7 making a determination as to whether or not
8 there was a Chancellor's Regulation violation.

MS. HOGAN: ...Here
21 counsel is taking it a step further and asking
22 that question about how the witness felt as a
23 result of reading the newspaper article.

24 THE HEARING OFFICER: But that's a
25 consequence
THE HEARING OFFICER: That question is
6 being answered because in my mind, should I find
7 a violation of the Chancellor's Reg., the impact
8 of the incident and the natural flowing
9 consequences that the student experienced and
10 the impact on that student's future really going
11 forward and interacting with teachers, is
12 relevant in the determination.


MS. EVANS-MCKAY: Okay. So at the end
5 of the day, the Department has to prove for
6 verbal abuse which includes how the verbal abuse
7 by the teacher made the student/students feel.
8 If there is, if there was a follow up to the
9 incident, an incident, there's a continuation of
10 the incident that was now publicized that also
11 bleeds into how the student may have felt by the
12 incident, both the incident that happened inside
13 the classroom and now something that's now been
14 publicized about the incident. So I'd like to

15 be able to ask the student about his feelings
16 about what happened in the classroom and
17 obviously we can only get how this affects him
18 educationally if we get his feelings about what
19 happened and what he read. I think it,
20 everything has to be considered in its totality"


(Transcript, pp. 469-471, 2-3-17)

and then shockingly, Williams tried to get some emotional damages to penalize the Respondent, Eileen Ghastin:

"THE HEARING OFFICER: What ways have 5 you been affected?
6 WITNESS: Well I haven't been affected
7 at all physically. Honestly, I just thought it
8 was a stupid thing to still bring up. I'm not
9 holding a grudge. What was said was said, and
10 it was last year. I think it should have been
11 dropped last year. 

19 A. By the time I saw The Post, I was confused
20 on how she said the story had gone or what had
21 happened. But then just a week after that, I was
22 done. I just let it go." (transcript, pp. 472-473)

"THE HEARING OFFICER: She can--did
4 your friends saying stuff about it change your
5 mind about how it impacted you?
6 WITNESS: No. Every time they brought
7 it up, I said, "Yeah. That was me that got the
8 teacher fired." But I just leave it as that."  (transcript, p. 475)

The arbitrator agreed with the Department that the incident and the write-up in the POST must have embarrassed the Student, and gave Ms. Ghastin the penalty of 4-weeks’ suspension without pay, altering her unblemished career forever.

That Williams used the NY POST to give a penalty of 4-weeks' suspension is absurd, in my opinion. Ms. Ghastin has appealed this decision.

Betsy Combier
betsy.combier@gmail.com

Friday, October 13, 2017

Parents and Teachers Are Angry At the NYC DOE For Doing Nothing To Stop the Violence in NYC's Public Schools

Abel Cedeno, left and Matthew McCree, right
re-posted from NYC Public Voice blog:


Are New York City Public Schools Too Dangerous and Unsafe To Attend? Parents and Teachers Say Yes


The murder of teen Mathew McCree on September 27, 2017, while he was sitting in history class at Urban Assembly School for Wildlife Conservation in the Bronx, may be the event that spurs change at the New York City Department of Education. And yet, maybe not.

In New York City students, parents and school staff, especially teachers, have protested the lack of appropriate discipline in NYC schools for many years.  See:

Fatal Stabbing Highlights Persistent Problems at Bronx Middle School (2014)
and,
Safety Last: New York City's Public Schools Are More Dangerous Than Ever (2016):

The key findings of Safety Last are:
" Alarming Spike in Violence in City Schools: The number of violent incidents in city schools rose sharply last year, under Mayor de Blasio and Chancellor Carmen Farina's first full year managing the Department of Education -- from 12,978 in 2013-14 to 15,934 in 2014-15, a disturbing 23 percent increase; School Violence Index at Recorded High: New York City's School Violence Index (SVI) rose by 22 percent in 2014-5, the highest level recorded. New York State uses the SVI to determine which schools are "persistently dangerous," as required by federal law. The School Violence Index is a ratio of violent incidents to enrollment in a school and is determined by the number of incidents, the seriousness of the incidents, and the school's enrollment; Data Suggests de Blasio Administration is Misleading Public: Data suggests that Mayor de Blasio's assertion that crime in city schools is down 29 percent since 2011-12, most recently invoked during his State of the City this month, is at best an incomplete picture. There were more than twice as many "assaults with physical injur[ies]" reported by city schools to the State Education Department than total number of crimes under Mayor de Blasio's calculations; Students at Grave Risk in City Schools: The alarming spike in violence in city schools makes it difficult for students to learn and leaves students in serious risk of danger and bodily harm: A violent incident occurs in district schools every 4.5 minutes; A weapon is recovered in district schools once every 28.4 minutes; Few students are protected: 93% of the city's district school students attend schools where a violent incident has occurred over the past year; In the five months since the 2015-2016 school year began, 42 weapons have been confiscated from 36 elementary schools across the city."


No one is doing anything about it, except covering it up. The case of Eileen Ghastin is a case which shows the New York City Department of Education policy of not giving violent students the appropriate help and guidance they need. The boy who told Ms. Ghastin that he was a boxer and was going to beat her up was given a short suspension and when he returned to school, he broke a window in anger. He needs help, not discipline.

I see the "all students are little angels" policy at work in 3020-a charges, where the NYC Department of Education always blames the teacher: a fight between two or more students shows a lack of classroom management; intervention by a teacher to stop a fight is corporal punishment and misconduct by the teacher; telling a student to stop hurting other students is charged as verbal abuse in 3020-a Specifications, etc.. In Eileen's case, she tried to stop the student from beating her up by telling him she was going to "kill him". She saw that she needed to do something to stop him, and believed that this was the only way. Of course she did not mean it. The arbitrator gave her a fine because he was convinced that the student was embarrassed by the media coverage of the event in the NYPOST, even though the newspaper did not name him. See:

Stellar, Dedicated Teacher Eileen Ghastin Fights the Arbitrator's Decision To Suspend Her For Four Weeks After Almost Being Beaten Up in Her Class


In 2010, two years before the Sandy Hook shooting in Newtown Connecticut, I received a telephone call from an anxious parent whose children had attended the school, and she begged me to help her get services for special needs students in Newtown before somebody went "postal" and people would be harmed. I made many calls to the school board and policymakers. All requests fell into a black hole.
But we know that special education services are not being supplied properly, and the NYC Department of Education is covering this up too. See:

Manhattan U.S. Attorney Sues New York City Department Of Education For Discrimination And Retaliation At Pan American International High School

What the NYC DOE needs to do is hire a General Counsel who can set up an Office of Accountability and Guidance. This office will be given the responsibility of providing each event with a team to find out who did what, and how.  I suggest disbanding the Office of Special Investigations and the Office of Equal Opportunity, as wholly-owned agencies of the NYC DOE and compromised by their allegiance to the bias ingrained in the Department against holding the true culprits accountable for anything. Discipline is not always the answer. There is no set standard for what kind of suspension will "teach him/her a lesson to not harm someone" again.

Betsy Combier
betsy@advocatz.com
Editor, Advocatz
Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, National Public Voice
Editor, NYC Public Voice
Editor, Inside 3020-a Teacher Trials


In the days after Mr. McCree’s death, a memorial grew in the courtyard behind his home in the Bronx.

A bright and popular 15-year-old Bronx boy was stabbed last month in one of the places he loved most — school.

New York Times, By JAN RANSOM, OCT. 12, 2017

The pint-size youngster with an oversized backpack stood on the corner of Mapes Avenue several feet from home, and for a moment contemplated crossing the street. He knew he wasn’t supposed to leave home alone, but he wanted to go to school just like his older brother though he was not old enough, his mother recounted.

Even as a baby, Matthew McCree would cry to go to school, said his mother Louna Dennis. “I’ve never met a kid who just loved school.”

That love of school never faltered. The 15-year-old was a bright and popular student at the Urban Assembly School for Wildlife Conservation in the Bronx, said his parents, classmates and a former teacher’s assistant. Then, nearly three weeks into the start of a new school year, he was killed during history class when the police say a classmate plunged a knife into his chest and back. That student, Abel Cedeno, 18, is also accused of seriously injuring Mr. McCree’s friend, Ariane Laboy, 16, who tried to step in. Mr. Cedeno has been charged with murder.

“Nothing will ever be the same,” Ms. Dennis, 34, said through tears during an interview at her attorney’s office in Brooklyn. “Matthew was a light; he lights up everybody.”

The effervescent teenager had big dreams. Standing at 5-foot-10, 156 pounds, Mr. McCree, a junior, wanted to attend Fordham University and become a professional basketball player. If that didn’t pan out, he said he planned to join the Marines, Ms. Dennis said.

His stepfather, Kyle Victor Sr., 36, said he taught Mr. McCree how to play basketball. He was a fast learner, said Mr. Victor, who raised him since he was 6. The teenager played basketball with friends at Crotona Park and in the courtyard behind his building. His school did not have a basketball team.

Mr. McCree grew up in a two-bedroom apartment at Mapes Court, two six-story brick buildings a half a mile from the Bronx Zoo.

He lived with his mother; brother, Kevon Dennis, 17; and his sister, Kayla Dennis, 4. His stepbrother, Kyle Victor Jr., 10, was always eager to visit on weekends. The family had a cat named Elmo, and a Maltese named Baby.

Mr. McCree shared a small room with his older brother, which after his death bore little sign of him. Ms. Dennis said she and her older son disposed of most of his belongings because they reminded them that Matthew was gone. All that remained was an unfinished mural that read: “Money Matt” and “You’ll Live Forever.”

“He had the most annoying laugh ever,” Mr. Dennis said with a slight smile in the courtyard. Mr. Dennis, who attended Wildlife for middle school and then left for a different high school, sat near a growing memorial of blue and white candles, enlarged photos of his brother, a basketball and countless hand-scrawled messages, including one that read: “No student should be scared to walk the halls.”

Ms. Dennis said Wildlife had a better reputation when her eldest son attended. The principal was active, accessible and frequently accompanied students on school trips. The school also had a program in which staff walked students home, creating a bond, but the program ended.

Last year, on an annual survey, just 55 percent of the students at the school reported they felt safe there, and only 19 percent of teachers said they would recommend the school.

“Nobody had the kids under control,” Mr. Dennis said. “Every day the cops were outside. It just got bad.”

The school administration and the education department declined to comment.

Mr. Cedeno told police that his peers had been bullying him about his perceived sexual orientation, though Mr. McCree and Mr. Laboy had never been in contact with him before that day. Police said Mr. Cedeno began carrying a knife to school.

A grand jury is hearing from witnesses about the stabbing on Sept. 27, according to the district attorney’s office and Sanford Rubenstein, Ms. Dennis’ attorney. Mr. Rubenstein said the family will not take legal action until after Mr. McCree’s funeral. A wake for Mr. McCree will be on Friday evening at the Castle Hill Funeral Parlor in the Bronx. His funeral is at 7 a.m. on Saturday. He will be buried in Canarsie Cemetery in Brooklyn.

Ms. Dennis and Mr. McCree’s friends said he never mentioned Mr. Cedeno. Relatives and classmates said that Mr. McCree was not a bully.

Mr. McCree’s neighbor, Doreen Jimenez, 33, whom he called his “Spanish mom,” said that she has been married to a woman for three years and that the teenager never judged her. She said Mr. McCree was often at her house for dinner, or hanging out with her three daughters who were close friends of his.

A longtime friend of Mr. McCree’s, Hensehk Bernardez, 16, who transferred out of Wildlife in the ninth grade, said Mr. Cedeno “was a socially awkward kid,” and that “Matthew would never bully a gay person; he knew better than that.”

Bronx School's Dangerous Climate Ignored Long Before Stabbings, Parents Say
Police and others at the Urban Assembly School for Wildlife Conservation, a middle and high school that
shares a building with P.S. 67.

By  Danielle Barnes Janon Fisher and Amy Zimmer | September 29, 2017 12:51pm |Updated on October 2, 2017 7:42am


BRONX — The high school where two students were stabbed this week — one fatally — was seething with violence and intimidation prior to the deadly attack, according to parents and school safety data.
School safety officials and many parents from the Urban Assembly School for Wildlife Conservation wondered why the building did not have metal detectors or more security before Abel Cedeno stabbed two classmates during a Wednesday morning history class 
Cedeno — an 18-year-old who had been bullied and frequently subjected to racial and homophobic taunts, according to his family — fatally stabbed Matthew McCree, 15, and critically injured a 16-year-old after they threw pencils at him.
Friends said Cedeno bought the 3-inch knife he used in the stabbing nearly two weeks ago off of Amazon and sent videos to them showing him opening the switchblade.
The West Farms high school had a history of bullying and violent incidents that were well above the average of others schools citywide, city Department of Education data shows.
Parents said the concerns they shared about safety and other bullying incidents with Principal Astrid Jacobo fell on deaf ears, while security agents said they had previously asked for metal detectors at the building, which is shared with P.S. 67.
"The union has been stressing to the de Blasio Administration that this school needs metal detectors, and we have gotten nothing but pushback from the administration,” said Gregory Floyd, president of the School Safety Officers union, Teamsters Local 237. “There's a lack of disciplinary enforcement at the school, and the students can sense it."
Uneek Valentin, whose son attends the high school, said her 17-year-old had been bullied there, but that his tormentor was not suspended after she spoke to the principal about the situation.
“[I talked] to the principal last year about the fighting, but nothing came of it,” she said.
Eventually, her son beat his bully with a belt, Valentin admitted.
Jacobo, who has been the head of the school for nearly three years, did not immediately respond to calls for comment.
The school building — which parents said has two safety agents handling roughly 1,200 students — saw two major crimes during the 2015-'16 school year, according to city Department of Education data.
That was nearly four times the citywide average of 0.57 major crimes for the same size school, the data show.
State education data for that school year, which is the most recent available, also showed that the Urban Assembly School for Wildlife Conservation had a higher-than-average number of incidents.
There were three sex offenses and two assaults, including one involving a weapon, at the school last year, the data shows. The school also had nine incidents of intimidation, harassment or bullying, two of which involved weapons.
Out of 1,800 traditional public and charter schools citywide, only 40 reported more than two bullying incidents with weapons, according to the data.
Though the administration touted last school year as the safest on record — with the de Blasio administration discussing the possibility of reducing the number of schools with metal detectors — the experience of students at Wildlife Conservation reveals a different story.
Many students reported feeling unsafe there, according to the annual Department of Education survey that polls the school community.
Only 55 percent of kids last year said they felt safe in hallways, cafeteria, bathrooms and locker rooms. That was down significantly from the year before, when 75 percent of kids said they felt safe. Only 47 percent of students said they felt safe just outside the building.
Parents said their children felt the school was a dangerous place.
"These kids are getting beat up and jump[ed] right outside of school. These things [are] happening often,” said Jeannette Martinz, 47, whose ninth- and 12th-graders attend the school. “The principal and staff are covering [what’s] going on in the school.”
There were also other red flags about the school’s principal.
Only 44 percent of the teachers said they trusted the principal — 37 percent less than the citywide average, the DOE survey said. Only 43 percent of teachers agreed that the principal knew what was going on in the classrooms.
Not everyone believes the answer to making the school safer is to bring in metal detectors.
Of the roughly 3 million scans conducted during the first two months of last school year across 200 schools that have permanent or temporary metal detectors, only a small number of items were confiscated — including 73 knives, 21 boxcutters, three BB guns and an unloaded handgun, Pro Publica reported.
NYPD school-safety chief Brian Conroy noted Thursday that safety agents last year recovered more weapons than ever, but that most were not found through scanning.
Nearly 1,430 weapons were confiscated at schools last year, the NYPD said previously. 
"We didn't see any reasons prior to having scanning in that school," Conroy said at a press conference Thursday.
Members of the Urban Youth Collaborative, a youth-led coalition that has focused on reforming overly punitive discipline that disproportionately affects people of color, called for mental health supports instead.
“The default response following tragic incidents involving young people in communities of color has been to prioritize policing and incarceration,” read a joint statement from the Collaborative's Roberto Cabanas and Bryan Aju.
“Research shows the most promising strategies for sustaining safe and supportive school communities is building strong relationships between students and staff through the use of restorative practices and increasing the number of guidance counselors, social workers, and trained mental health support staff," they continued.
Meanwhile, members of the Bronx-based New Settlement Parent Action Committeesaid that increasing police presence represents a "superficial" solution to a "deep and complex problem."
Instead, they called for "community-building circles" to prevent bullying and violence, as well as "healing circles" to help students processing trauma in moments of tragedy.
"Metal detectors will not prevent violent fights in our schools," the group said in a statement. "We know that anything can be made into a weapon if a student is feeling trapped and desperate, but if our schools are safe, affirming, and supportive environments for young people, we can eliminate violence in our schools altogether."
It was unclear whether Cedeno reached out to a counselor or other staff members at his school.
NYPD officials said Cedeno had been harassed by other individuals at the start of school, though not by the two teens involved in Wednesday's stabbing. While police said he had not reached out to anyone at Wildlife Conservation about the situation, his family believes the school was aware of his bullies and did nothing to stop them.
"I have instructed my team to conduct a thorough investigation on all issues, and this is underway," Schools Chancellor Carmen Fariña said in a statement. "We have additional safety measures and grief counselors in place and will continue to support the school community."
With reporting by Clifford Michel

The mother of a New York City public school student, a plaintiff in a class-action lawsuit, spoke about her son’s mistreatment outside the Education Department’s headquarters on Thursday.
New York Times, 
A group of public school families and a pro-charter advocacy group filed a lawsuit in Federal District Court this week alleging that the atmosphere at New York City public schools was depriving students of their right to receive an education free of violence, bullying and harassment.

The class-action suit, filed on Wednesday in New York’s Eastern District against the New York City Education Department and its chancellor, Carmen Fariña, claims that violence in schools is increasing, and that it is often underreported. The suit also says that school violence disproportionately affects certain groups of students, like those who are black, Hispanic, gay, bisexual or transgender.

The suit, which claims the Education Department has failed “to address and remediate in-school violence in New York City’s public schools,” was filed by 11 students and their families. They were joined by Families for Excellent Schools, a pro-charter advocacy group that has been a fierce and frequent critic of Mayor Bill de Blasio’s education policies.

The group’s chief executive, Jeremiah Kittredge, held a news conference on Thursday morning in front of the Education Department’s headquarters in Manhattan, to encourage other public school parents to join the suit.

The group’s picture of violence in the city’s schools directly counters Mr. de Blasio’s. In a statement, the mayor said he viewed “each incidence as obviously troubling,” but challenged the group’s facts, saying that “this year to date, the major crime in our schools is down 14.29 percent and other crimes down 6.77 percent.”