Labor & Employment Law

Arbitrator fines rather than fire a teacher following her successful treatment for substance abuse

By Harvey Randall, Esq.

Arbitrator fines rather than fire a teacher following her successful treatment for substance abuse
City School Dist. of the City of New York v Rochelle Lorber, 2008 NY Slip Op 03050, Decided on April 3, 2008, Appellate Division, First Department

Rochelle Lorger, a teacher in the New York City school system for more than 23 years, had successfully undergone treatment for her addiction. Found to be "fit to teach," the arbitration award imposing a fine equivalent to two months' salary, rather than termination, was not irrational and did not violate strong public policy.

In contrast, in City School District v Campbell, 20 AD3d 313, the Appellate Division vacated as irrational the hearing officer's determination that although Campbell was guilty of possessing the amount of drugs with which he was charged, he should be returned to his "former or similar position ?if he successfully completes" a drug treatment program.? While Lorger?s possession of unlawful drugs was for her ?personal use,? Campbell, a tenured teacher and the head of a program targeting "at risk" students and providing counseling for those with substance abuse problems, was arrested with one bag of marijuana on his person while sitting in a vehicle with ten bags of cocaine and charged with ?possession with intent to sell.? The hearing officer?s decision, said the court, "essentially would allow [Campbell] to be placed back into a position where he would administer a program designed to discourage drug use among students."

Full post as published by New York Public Personnel Law on April 16, 2008 (boomark / email).