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Labor & Employment Law

: New York Public Personnel Law

Probationary teacher dismissed for an alleged inappropriate sexual relationship with a student

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Probationary teacher dismissed for an alleged inappropriate sexual relationship with a student
Black v New York City Dept. of Educ., 2009 NY Slip Op 03768, decided on May 12, 2009, Appellate Division, First Department

The Chancellor of the New York City Department of Education gave probationary teacher Thomas Black an unsatisfactory rating, terminated his ?physical education? license and place his name on the Department's Ineligible/Inquiry list.*

Black challenged the Chancellor?s actions and Supreme Court Justice Herman Cahn granted Black?s Article 78 petition. Justice Cahn directed the Department of Education to reinstate Black to his former position at the appropriate rate of pay, including all appropriate benefits, with back salary. The court?s order also directed the Department to remove Black?s from the Department's Ineligible/Inquiry list.

The Department appealed and the Appellate Division ?unanimously reversed, on the law, without costs,? the Supreme Court's ruling and dismissed Black?s petition.

The Appellate Division said that Black failed to establish that the termination of his probationary employment under his physical education license, which was based on his alleged inappropriate sexual relationship with a New York City public high school student, "was for a constitutionally impermissible purpose, violative of a statute, or done in bad faith." Accordingly, the court ruled that the Chancellor's determinations regarding Black?s employment by the Department of Education were neither arbitrary nor capricious.

* The placement of an individual?s name on the Department of Education?s Ineligible/Inquiry list would essentially render him or her ineligible for future employment with the New York City Department of Education, Segal v NYC Department of Education, 459 F3d 207.

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_03768.htm

Full post as published by New York Public Personnel Law on May 13, 2009 (boomark / email).