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rayanswers
rayanswers, Attorney
Category: Education Law
Satisfied Customers: 42261
Experience:  Texas lawyer for 30 years representing children and parents.
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Is there anything written on the proper protocol for

Customer Question

Is there anything written on the proper protocol for investigating a NYC teacher for misconduct by SCI I believe that prober procedures were not folllowed when aI was investigated by SCI for a 3020a. First off the Principal who was fired for fraud did not report the alleged incident until 12 days after knowledge . Second There were no written statements by the students who were interviewed 2 Months after the incident. Allegedly the in ident took place in a classroom and the victim identified who he wanted as a witness and said no one else of 26 students saw the incident. I believe the protocol was flawed for investigating the incident and I need to show the written procedures for SCI investigations. The only thing I cam up with is the Oors report and. Chancellors req 412. Is there a standard operating Manuel for how SCI should conduct an investigation
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: NYC Department of Education What happened was the student had a fist fight I pulled them apart tried talking to the most upset on who was talking in my deaf ear and so I turned his head to my better ear and he says I kissed him. The DOE is running with this because I am a senior teacher with 38 years and am on high salary
JA: Have you spoken to a local attorney or school administrator? What is your ideal outcome for this situation?
Customer: They have a 3020a on me seeking termination I believe the investigation was flawed and need some written proof manual or something on the way protocol to investigate
JA: Anything else you want the lawyer to know before I connect you?
Customer: No I think it is clear cut If I can get a hold of the Manuel or written documentation I think I have a good chance of proving my point. Oh yeah the only other witness was an administrator who over heard some students taking that I kissed the student but she can' identify them So there you have the victim 12 years old identifying who the witness is,an AP who can't tell you who the students are in me up for a 2030a They were all interviewed 2 months after the fact
Submitted: 10 months ago.
Category: Education Law
Expert:  rayanswers replied 10 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  rayanswers replied 10 months ago.

I would file a complaint with EEOC here to me it is age discrimination and this is a smoke screen for the real reason to replace you with a younger, cheaper teacher.EEOC will investigate and if they take more action you claim retaliation.This gives you protection on the job here.I would raise it and direct all your responses to the effect that you feel this was age discrimination and an attempt to harm your career and terminate you based on your age.

Expert:  rayanswers replied 10 months ago.

File here

https://www.eeoc.gov/employees/charge.cfm

If you believe that you have been discriminated against at work because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information, youcan file a Charge of Discrimination. All of the laws enforced by EEOC, except for the Equal Pay Act, require you to file a Charge of Discrimination with us before you can file a job discrimination lawsuit against your employer. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect theaggrieved person's identity. There are time limits for filing a charge

Expert:  rayanswers replied 10 months ago.

Age Discrimination & Work Situations

The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

Expert:  rayanswers replied 10 months ago.

It is unlawful to harass a person because of his or her age.

Harassment can include, for example, offensive remarks about a person's age. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that aren't very serious, harassment is illegal when it is so frequent orsevere that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

Expert:  rayanswers replied 10 months ago.

I think you can best protect your job here by filing with EEOC and considering an employment lawyer to sue as well.

Expert:  rayanswers replied 10 months ago.

Lawyer referral for you here

http://www.lawyers.com/labor-and-employment/new-york/find-law-firms-by-city/

I appreciate the chance to help you today.Sorry you are having to deal with this.I wish you the best here.