(DOWNLOAD) "Matter Elizabeth Brown v. Board Education City New York Et Al." by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Matter Elizabeth Brown v. Board Education City New York Et Al.
- Author : Supreme Court of New York
- Release Date : January 02, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
September 8, 1972, provides in article IV (§ F, subd. 15, par. c) that "teachers on probation shall be entitled to the review procedures before the * * * Chancellor as prescribed in section 105a of the by-laws of the Board of Education." In light of the foregoing we find that the notice sent by the respondents to petitioner on May 20, 1971, was defective, but in view of our determination we do not now decide whether that defect was waived by petitioners appearance before the Chancellors committee at the Chancellors office on June 14, 1971. At that review petitioner sought to interrogate Mr. Sasserath, her principal, concerning his reasons for requesting the discontinuance of her services. Such interrogation was not allowed by the Chairman of the Chancellors reviewing committee. In our opinion, under section 105a of the Boards By-laws she was entitled to interrogate him. Petitioner thereby was deprived of a substantial right because she was thus prevented from exercising her rights to "call witnesses" and introduce "relevant evidence." Further, we believe that ruling also deprived her of her right to be "confronted by witnesses" against her. Such right of confrontation carries with it the right to cross-examine a witness who charged her with unsatisfactory service allegedly justifying the discontinuance of her service and loss of her license as a probationary teacher (5 Wigmore, Evidence [3d ed.], § 1395; People v. Fish, 125 N. Y. 136, 150). Accordingly, we hold that on the remanded review under section 105a of the Boards By-laws which we have directed in this determination, petitioner should be allowed to interrogate any person including her principal, Mr. Sasserath, as a witness, on matters relevant to the subject review, and that she should be duly notified of a review before a committee of the Chancellor other than the committee which conducted the review of June 14, 1971. We disagree with petitioners contention that the determination of the propriety of the discontinuance of her probationary employment can only duly be made by a majority of the members of respondent Board of Education. The making of that determination can properly be made by the Chancellor as the Boards designee (Education Law, § 2554, subd. 13, par. b; §§ 2590-e, 2590-j, 2590-h, 2590-n; Matter of Albert, 3 Ed. Dept. Rep. 228; Agreement between United Federation of Teachers and Board of Education, art. IV § F, subd. 15, par. c, hereinbefore discussed; also cf. Matter of Shatter v. Moses, 241 App. Div. 485, affd. 266 N. Y. 413). We also disagree with petitioners contention that she is entitled to a full-scale trial of the charge that her services as a probationary teacher were unsatisfactory, and that the review permitted of the recommendation for the discontinuance of her employment by section 105a of the Boards By-laws is an insufficient review. Aside from the above-discussed agreement, recognizing section 105a of the Boards By-laws as the method of reviewing the discontinuance of employment of a probationary teacher, we hold that a full-scale plenary hearing with representation by independent counsel may not be had concerning the propriety of a determination that a probationary teachers services were discontinued because her services were found to be unsatisfactory. (Matter of Clausen v. Board of Educ. of City of N. Y., 39 A.D.2d 708; Matter of Gordon v. State Univ. of N. Y. at Buffalo, 35 A.D.2d 868, affd. 29 N.Y.2d 684; Matter of Albury v. New York City Civ. Serv. Comm., 32 A.D.2d 895, affd. 27 N.Y.2d 694; Matter of Shapiro, 12 Ed. Dept. Rep. [No. 8585, Jan. 4, 1973].) The above authorities have not been overruled, insofar as the situation at bar is concerned, [42 A.D.2d 702 Page 704]