Relates to discipline for inappropriate sexual conduct

Section 3 of the bill would amend subdivision 2 of §3020-a of the Education Law to provide that an employee may be suspended without pay, if a hearing officer finds probable cause that the employee has engaged in inappropriate sexual conduct.

Section 4 of the bill would amend subdivision 2 of § 3020-a of the Education Law to provide that the employing board may request a probable cause hearing, when the employee is charged with a criminal complaint or indictment under Article 130 of the Penal Law against a student or minor, or where the employee has been charged with inappropriate sexual conduct. These hearings shall take place within take place within fifteen days of the filing of the criminal complaint or indictment or ten days of the employee's request for a 3020-a hearing. If the employing board meets the burden of establishing probable cause, the employee shall remain suspended without pay during the pendency of the disciplinary action.

Section 5 of the bill would amend subdivisions 4 and 5 of § 3020-a of the Education Law to provide for post hearing procedures of employees' charged with inappropriate sexual conduct. Hearing officers must issue a ruling on all charges within thirty days of the last day of the final hearing. Following the hearing officer's ruling the employing board shall then render a written decision, adopting, modifying or rejecting the hearing officer's decision in whole or in part. In cases where a penalty is imposed for inappropriate sexual conduct, the penalty shall be termination unless the employing board identifies, in writing, specific reasons for imposing a lesser penalty. The employee may then appeal the employing board's decision to the New York State Supreme Court pursuant to Article 78 of Civil Practice Law.

Section 6 of the bill adds a new subdivision 6 to § 3020-a of the Education Law to provide for the definition of inappropriate sexual conduct.

Reasons for support

This legislation would give school districts the authority to dismiss teachers and principals who have engaged in acts of sexual inappropriate conduct against students or minors, while providing appropriate due process. Under the current law, outside hearing officers, or arbitrators, make binding determinations and impose

penalties, including whether or not to terminate employees, which school districts must follow. This legislation will give districts - and in New York City, the Schools Chancellor - the authority to make personnel decisions after disciplinary proceedings in these cases.

Specifically, the proposal amends New York State Education Law 3020-a so that the determinations are submitted to school districts for review, but provides districts the final say on what disciplinary action to take in cases involving inappropriate sexual conduct. Consistent with the City's collective bargaining agreement with the United Federation of Teachers (UFT), this legislation also provides that an employee may be suspended without pay, if a hearing officer finds probable cause that the employee has committed inappropriate sexual conduct.

This approach is consistent with due process and disciplinary proceedings for nearly all other City employees. Tenured employees will retain the right to file an appeal with New York State Supreme Court pursuant to Article 78 of the State Civil Practice Law. If the Court rules against the school district, the employee must be reimbursed at reasonable costs and the charges must be expunged from their employment record.

For most City agencies, if an investigation finds that an employee has engaged in serious misconduct, the commissioner can bring a case against the employee before the Office of Administrative Trials and Hearings (OATH). An administrative law judge will hear the case, and if the judge finds that the employee engaged in misconduct, the judge issues a recommendation to the commissioner. Then it is up to the commissioner to make the final determination. This same process should be extended to school employees who commit acts of sexual misconduct as well.

Currently, for school districts, hearing officers must be jointly chosen, by the school district and collective bargaining unit. If the ruling disappoints one party, they can be removed for future cases. This results in decisions that aim to please both sides, leading to unacceptable rulings and penalties. Rather than terminating teachers who commit acts of inappropriate sexual conduct, hearing officers issue fines or suspensions instead.

Earlier this year the New York City Department of Education (DOE) identified sixteen teachers, who engaged in inappropriate sexual conduct with students and were then able to keep their jobs due to hearing officer decisions. The offenses committed in these cases included: inappropriate touching, requesting nude pictures of underage teens, inappropriate sexual language and sexual relationships. Rather than ordering their termination, hearing officers made factual findings that the teacher's behavior was inappropriate, but their behavior did not rise to the level of termination. Instead hearing officer's issued fines and/or suspensions and allowed them to return to the classroom.

While the DOE has enacted several personnel policy reforms to enhance protections against students, the Chancellor must be given the authority to ensure appropriate actions are taken and safeguards are

in place to protect our students from individuals who commit acts of inappropriate sexual conduct against students.

Accordingly, the Mayor urges the earliest possible favorable consideration of this proposal by the Legislature.

Effective date

Immediately, with provisions.