It's a conversation no one wants to have, but one that's crucial for educators in New York City: what happens when disciplinary charges are brought against you? For tenured teachers and pedagogues, Section 3020-a of the State Education Law acts as a vital safeguard, ensuring due process before any significant disciplinary action, including termination, can occur. This law covers a range of potential issues, from incompetence and insubordination to more serious allegations like sexual or financial misconduct.
If you find yourself facing such charges, the first step is immediate: head to your UFT borough office. They're there to help you navigate the paperwork and, if you choose, connect you with legal counsel from NYSUT. A neutral hearing officer, agreed upon by both the UFT and the Department of Education (DOE), will preside over a hearing. If charges are substantiated, discipline can range from a simple written reprimand to suspension without pay, or even the loss of your job. While your permanent state certification is protected without another hearing, your New York City teaching license could be revoked.
Life can feel incredibly overwhelming when you're under investigation. For UFT members experiencing distress or crisis, remember that mental health counselors are available 24/7. You can reach them by phone or text at 1-866-UFT-FOR-U, or through chat on the Helpline webpage. It's a lifeline, and it's there for you.
Sometimes, teachers are reassigned while awaiting disciplinary proceedings. This might mean a move to a DOE administrative office, an assignment within their current school, or, in very serious cases like sexual or financial misconduct, suspension without pay until investigations or hearings conclude. Generally, allegations investigated by principals won't lead to removal from the school. For other investigations, the Office of Special Investigations (OSI) is involved, and they're expected to wrap things up within 60 days. If the Office of the Special Commissioner of Investigations (SCI) is looking into things, the DOE is required to notify the teacher.
There are also time limits to consider. If OSI is investigating, formal charges under Section 3020-a must be filed within 60 days of reassignment for misconduct. For SCI investigations into financial or sexual misconduct, that window shrinks to 15 days after the report is issued. If you're returned to your school, disciplinary charges can still be brought. And if you haven't been charged within the required timeframe and haven't been returned to your school, speaking with your chapter leader and district representative is key to filing a grievance.
It's important to note that you're typically paid during reassignment, unless you've been found guilty or pleaded guilty to a felony. The DOE can seek a special hearing to determine if there's enough evidence (probable cause) for a suspension without pay, usually for two to three months, if serious misconduct is alleged. For more details, Article 21C of the contract is the place to look.
Changes for Paraprofessionals
The 2018 contract brought significant changes for paraprofessionals, preventing indefinite suspensions while investigations are pending. The DOE's Office of Personnel Investigations (OPI) now conducts an individualized review to determine if allegations constitute "serious misconduct" or "sexual misconduct" as defined in the Teachers' Contract. If so, a para might be removed from payroll for up to two months. Extending this suspension or suspending for other significant violations requires a probable cause hearing before a neutral arbitrator. If the arbitrator finds no probable cause, the paraprofessional is reinstated. Like teachers, paras convicted of or pleading guilty to a felony not considered "serious" or "sexual misconduct" can be suspended without pay pending final disciplinary action.
If allegations against a paraprofessional are unsubstantiated and no further action is taken, they'll receive back pay within 30 days. If substantiated, the DOE can impose discipline, but any suspension period will count towards that discipline.
A New Contract, New Notifications
With the ratification of the 2023 DOE-UFT contract, a welcome change for employees is the right to receive written notification of the determination of investigations conducted by the DOE’s Office of Special Investigations or its Office of Equal Opportunity, upon request. This offers greater transparency than what was previously available.
