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Violating of the terms of a disciplinary probationary settlement

Violating of the terms of a disciplinary probationary settlement
Pagan v Board of Educ. of the City School Dist. of the City of New York, 2008 NY Slip Op 08993, Decided on November 18, 2008, Appellate Division, First Department

Yvonne Pagan, while serving a disciplinary probationary period, was summarily dismissed for violating the terms and conditions of the probationary settlement agreement.

The Appellate Division dismissed Pagen?s petition seeking reinstatement.

The court said that the terms of a signed stipulation in which Pagan agreed to a three-year probationary period provided that (1) she was subject to automatic termination if she exceeded 10 days per school year in unexcused absences and (2) she waived her tenure right to a hearing under Education Law § 3020-a.

Accordingly, Pagan was a probationary employee with regard to absenteeism and was required to show bad faith of the part of the Board of Education in order to succeed in her challenge to her dismissal. Here, said the court, the evidence did not demonstrate that Pagan had been terminated in bad faith. Rather, the evidence established that during the 2005-2006 school year, Pagan had 11 unexcused absences.

Pagan contended that she only had 8 unexcused absences because three of her absences were in connection with court appearances. The Appellate Division held that Pagan?s unexcused absences for court appearances ?did not satisfy the terms of the stipulation for excused absences.?

The full text of the decision is posted on the Internet at:

http://www.courts.state.ny.us/reporter/3dseries/2008/2008_08993.htm

Full post as published by New York Public Personnel Law on November 21, 2008 (boomark / email).