Supreme Court dismissed a former probationary employee’spetition seeking to annul his termination from his position, the revocation ofhis New York City Department of Education [DOE] teaching certification, hisplacement of his name on the DOE's Ineligible/Inquiry list,* and his overall unsatisfactory rating for the2010-2011 school year.
The Appellate Division sustained the lower court’s actions,explaining that the probationer had failed to establish that his termination,the revocation of his teaching certificate and his placement on the DOE'sineligible/inquiry list, was done in bad faith.
Addressing the individual’s allegation of bad faith, thecourt noted therecord contained evidence of good faith on DOE’s part. For example, said theAppellate Division, the school principal’s "intention was not to terminate [the] petitioner's employment but to extend his probation for an additional year."
In addition, said the court, the record contained evidence ofdeficiencies in individual's performance during the probationary period.
As to the individual’s challenge to the revocation of histeaching certification and the placement of his name on the ineligible/inquirylist, the Appellate Division ruled that those challenges were not untimely butthat Supreme Court had correctly sustained those administrative determinations.
Finally the Appellate Division pointed out that the lower court had correctly dismissed the individual’s challenge to his “U-rating” as it was prematurebecause he had not yet exhausted his administrative remedies.
*Placing an individual’s name on the "Ineligible/Inquiry" listmaintained by the New York Department of Education bars that individual fromemployment at any DOE school while his or her name remains on such list[McPherson v. New York City Dep't of Education, 457 F.3d 211].
The decision is posted on the Internet at:http://www.courts.state.ny.us/reporter/3dseries/2012/2012_07888.htm
Hiç yorum yok:
Yorum Gönder