Sunday, October 08, 2017

DOE FILED DISMISSAL CHARGES AGAINST A TEACHER FOR TELLING KIDS TO BE DECENT IN DANCE ROUTINE

One of our friends from the Bronx sent us an article on Saturday about a veteran teacher who was charged in a termination hearing because according to the NY Post she "​raised objections when some of the 30 girls, ​in extremely ​short ​cheerleading ​skirts, ​wore panties underneath that were too skimpy​ or ​ill-fitted​..."

I am not making this story up. While the teacher was not fired, the arbitrator still gave the Department of Education some satisfaction in the dismissal hearing as the teacher received an official letter of reprimand. The DOE has to get something in these hearings even when they are totally absurd.

The climate is so bad for NYC teachers that we can be charged for anything at any time.

Here is the Post story:

Veteran dance teacher Karen Eubanks was appalled when cheerleaders at the High School for Environmental Studies in ​​​Manhattan bared their bottoms during a school performance.

​Eubanks​ ​raised objections when some of the 30 girls, ​in extremely ​short ​cheerleading ​skirts, ​wore panties underneath that were too skimpy​ or ​ill-fitted​ ​and sh​ow​ed “some of their genitals,” butts and even pubic hair.
She spotted eight to 10 boys in the gym audience videotaping the show.

​Instead of commending Eubanks for promoting modesty and decency, the Department of Education brought her up on ​misconduct ​charges — including verbal abuse — and tried to fire her.

​Eubanks, 59, a city teacher for ​two decades​ and former educator with the New York City Ballet, was ​​accused of saying the girls ​“showed a lot of vagina” ​or “flashes of vagina​,” ​ and using ​the words “g-string​,” “burlesque moment” and “nasty” within​ ​earshot of students, thus embarrassing or belittling them in violation of chancellor’s rules.

“It’s shocking that I was accused of wrongdoing after advocating for the dignity of our students,” Eubanks told The Post.

​The ​flap erupted in April 2016 when Eubanks​, who was substituting a​t​ the Hell’s Kitchen school, ​​ attended an after-​hours spring concert​​, which included a dance ​performance by the cheerleaders.
Besides students and staff, the audience included parents.

​As part of their routine​, the ​cheerleaders executed a “fan kick.” They sat on the floor facing the audience, leaned on their left hips and raised their right legs high in the air, waving them like a fan across their faces and bodies.

Eubanks testified she saw some​ girls wore “what looked like panties” that didn’t stay in place, ​​“riding up” ​to expos​e their ​​genitals​ to the audience​​, she said.

​Darius Williams, a DOE contractor and former dancer and choreographer with the Alvin Ailey Dance Company, also attended the concert. He backed Eubanks’ account, calling the display “vulgar.”
He also saw boys filming ​it​.​

But Principal Amber Najmi-Shadid, who brought her 10-year-old chil​d, testified she “did not see any ‘vaginas’ showing,” and insisted, “Everything was appropriate.”

​Afterwards, Eubanks said she praised the ​girls for a “wonderful” ​performance​, but told a few​​ of them: “You know that fan kick? Did you guys ever think about turning it upstage, or to the side, or on a diagonal? . . . 

I’m a bit concerned because your crotches were facing the audience.” She denied ​saying words like “nasty” or “burlesque” ​to the girls.

The cheerleading coach, Nicola Brugueras, said Eubanks pulled her aside on a stairwell the next day to discuss the dance.

Brugueras said Eubanks was “confrontational” and used the words “crotch shot” and “nasty.”

Brugueras called a meeting with the cheerleaders to address the issue. ​In a chat room, one girl ​angrily ​mentioned “some f–king dumb ass lady talking s–t about our choreography, saying its burlesque and how she saw vaginas.”

“Yea. She think she some high and mighty bitch,” another texted.

The teachers who complain on this blog about teachers having no rights and having to put up with being called all kinds of obscenities from students do have a point as this case proves.

Back to the Post story:

​The DOE held a trial, which also included charges that Eubanks arrived late for ​​a class​​​ at her former school, Gramercy Arts HS, ​​when the hall bell was broken and filmed​ students in the mistaken belief ​the school had already obtained parent permission.

The proceeding​ last fall​​ ​ generated a 974-page transcript and a dense 42-page ruling in January by Doyle Pryor, a hearing officer who gets $1,400 a day plus expenses to conduct testimony and write rulings.

Termination cases typically cost some $300,000 in investigative ​efforts, lawyer fees and other staff time.

Pryor concluded that Eubanks was too harsh and should have used​ gentler words like 
“private part​s​.” But he found she “acted out of concern” for both the cheerleaders and their coach.
​He ordered that she receive a letter of reprimand.

​Eubanks, who makes $93,790 a year, is now teaching at ​nearby ​Facing History HS​.

All I can say is be careful out there. The DOE increasingly looks as though they have no qualms about trying to fire any of us. UFT protection: They will get you a lawyer to defend you in a dismissal hearing.

It is not a teacher friendly environment we work in.

61 comments:

  1. The culture of the DOE is one that encourages bullying. The DoE bully's teachers sending a message that bullying is acceptable.
    This message is assimilated by the students from the behavior of school administrators.
    Bullying is the rated and ignored, so that a student murders another student during history class at the Urban Assembly School for Wildlife Conservation.

    This tragedy can be traced backe to the pathology and personality of Carmen Farina, an incompetent borderline personality that demands the bullying of teachers, so as to conceal her inadequacy.

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  2. This just proves that hunting season is in full effect on NYC teachers.

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  3. The season starts 9/5 and runs through 6/26. Keep your head down people.

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  4. Yeah and people like the waiting for support guy and that Ed notes legend have blamed teachers on numerous occasions for being cursed at and disrespected. Thanks for your support guys you are true legends in our own minds. They even had the audacity to suggest the students sense when a teacher is racist and act out. What total bullshit and you guys know it. I work hard everyday trying to instill the academic and social knowledge these kids need to stop the cycle of the government dependency narrative they've been subjected for all these years. Shame on you Shame on you! That Ed notes legend preaches the blame the teacher first narrative of the doe.

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    Replies
    1. That's true, Norm is arrogant and very judgmental. He's also very intelligent and works hard. I can't say I like him, but I respect him.

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    2. @9:06am...if you are the "anonymous " who spews racist comments about students I will stand by my original comments. On the other hand I stand by Ms. Eubanks.
      You have a day off, try enjoying it.

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    3. You would think someone so intelligent wouldn't accuse hard working teachers of being the cause of abuse. He even referenced he was never cursed at so it must be the teachers fault. I guess he needs to reevaluate his position.

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    4. Wine for everyone!

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  5. It will never change, its a virtual certainity they wont break socioeconomic status, will contunue to break laws and disrespect everybody.

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  6. Our female students are not allowed to wear leggings, and staff gets reprimanded if we don't notice and report. All I need is one student or parent complaining that I was "staring at her daughter inappropriately".

    Staying under the radar til 2020....

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  7. The story is so crazy that it can't be made up. Be careful covering dance classes. The kids dance and dress very provocatively and if one of them notices you watching they'll film you and call you a pervert. I just avert our eyes and stick some tissue paper in your ears.

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  8. I am a man, I once was accused of looking at a girl inappropriately. She also claimed I "made her feel uncomfortable." They reported this directly to 311. There was a huge investigation, my career, pension, etc. was all in the balance. I would've been fired, but for the fact I am gay, my husband who I have been with for 23 years is an NYPD officer(investigators are all ex-NYPD so it made them actually investigate and not just go to 3020a), students reported to the investigator I didn't act in anyway unusual, my principal was behind me too.

    I turn 55 March 12, 2018 with over 27 years, and we drive down to our retirement home in Naples on March 19, it's a Monday. I figure a week will be enough to square away all the final paperwork.

    This job is just not worth it! I don't care about the students anymore, the union, the school, or anything else. They've taken all my hopes, dreams, and aspirations of teaching and dashed them against a rock!

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  9. Ok, question, why do the white/asian schools perform so much better? Why are they never closed? Why is the college ready rate so much higher?

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    1. They are smarter, faster, better. Little if any criminal element...just so much better than all other groups that's why @5:10 and gang. That's why...whites and asians are better. Now, has your situation changed? Feel superior?You should because whites and asians only commit a miniscule amount of crime.certainly less than the blacks and Hispanics. Whites and asians are just better. Now move on with your life...puhlese.

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    2. Easy on the wine my friend your making some sense. I hope your liberal friends don't findout. They might call you a white supremacist

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    3. Anyway I hate when they talk about ATRs as if they are unskilled, lazy, no-nothing complainers who can't find a permanent position because of their own lack of effort and are collecting a paycheck for doing nothing--oh wait this sounds like how some folks describe blacks and hispanics. Mercy mercy

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    4. Roger that my friend and thank you for your support.

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  10. 13% of the population commits 52% of the crime, no problem there.

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    Replies
    1. Stop! Liberals don't like facts. It's because of white supremacy don't you know!

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  11. Blacks have a criminal record a mile long and no education, big difference.

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    Replies
    1. Some folks have alot of education but are still ignorant as...duck anyone ROFL

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  12. They can sense so well they keep ending up in jail and sucking in welfare, while being unable to speak or write english.

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    Replies
    1. Yes. Yes and Yes. See 5:37pm. Worthless and troublesome. We are much better than those losers. Patting self on back. We're good,they're bad. Got it.

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  13. Amazing how so few in the pop can cause so much rape, murder, chaos and collect freebies while still complaining about racism.

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    Replies
    1. Rape,murder chaos...oh i wouldn't say "so few" lol. The evil is real LOL

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  14. It's not amazing it's the result of institutional racism don't you know. After we remove all the confederate statues and kneel for every football game the crime, murder, drop out, welfare, single parent home, drug abuse rates etc.. would automatically improve. If forgot police brutality! And not the police abusing suspects the suspects abusing the police which we all know is far more common

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    Replies
    1. Why are so many people hooked on opioids. The drugs are destroying a generation of us fine superior people. My goodness how did this happen to us. We are so much better than this. Dang on black and Hispanics are ruining everything. Now they are making us use these opioids. Did I say they are ruining a generation. It's getting so bad that we are looking like the new "crackheads" having crackhead babies. How did this happen to us fine superior smart people? We stand during the anthem. WTF. The blacks and Hispanics are to blame. Dang on losers.

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    2. Thank you for the coherent reply. Now it's vino time.

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    3. It's like a car ride for a cranky baby...sigh

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    4. Look...let's give kindness a chance. Life is beautiful.

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    5. Agreed and hope we solve all the problems facing many of our students. Enjoy your evening

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  15. Yes...hey coal is back. Yippee. Yes how dare they attack us fine people. If not for us,this world would be in well a world of trouble. Thank God for us.

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  16. Welcome aboard matey!

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  17. Watch Live Pd, see who is constantly arrested...or just read the fbi stats...when do whites blame blacks? They arent crying racism, burning down buildings, looting, rioting, saying its because racism is 400 years old, asking for affirm action...

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  18. Systemic oppression? Or, criminals get arrested.

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  19. The DOE does not file any of these cases without the green light and support of the DOE legal team. The same team that has to follow strict ethical guidelines as attorneys. File a Disciplinary Committee complaint with the courts against the attorney that supports this school.

    Listed here: http://schools.nyc.gov/Offices/GeneralCounsel/Legal/SFC/default.htm

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  20. What about hardship travel? Uft wont help.

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  21. Portelos, shut the fuck up for once and stop being an attention whore always having to make everything about yourself.

    And stop giving advise you dumb ass. You lose every fight, except once, where you went up against someone who is a bigger attention whore and crazier than you.

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  22. Could this conversation please focus on the case. There are a lot of racist comments sometimes and quite frankly it is not appreciated. Let's not forget educators come from all walks of life. Let's respect people's race, ethnicity, religion, etc.

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    Replies
    1. And opinion. Please point to a racist statement.

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  23. Bronx Teacher, if you have issues with Portelos, instead of expressing yourself the way you just did @9:38PM, perhaps you should address Mr. Portelos in private. None of us want to be exposed to how you just expressed yourself.

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  24. At 9:55PM, STFU. M'KAY?

    As for the troll hiding behind anonymity attacking Norm, go slither to under the same rock in which Portelos was spawned. You have no idea about Norm and what he has done for and continues to do for teachers and students.

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    1. Not attacking norm my friend just expressing my opinion. I think that's still legal. You don't know the situation so please educate yourself and get back to me

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  25. @ 9:59PM - Whenever a group of people of a certain racial, ethnic, etc. background is referred to as being a certain way it is racist. Judge people as individuals or state a statistic with the source, year, etc. State, 'according to .....'. Please do not generalize because there are plenty of people of color, caucasian, asians that are very well educated. Being well educated does not mean a person is sophisticated enough to understand multicultural issues.

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    Replies
    1. He did state a documented stat. The FBI state but of course liberals will say they are bias.

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  26. According to the FBI, 13% commit 52% of the crime. Those same people complain they are treated unfairly. Laughable...

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  27. How can I get back to you if you hide behind the chicken shit mask of anonymity?

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  28. I agree with Francesco Portelos about filing disciplinary complaints against attorneys. Here is the New York State Unified Court System's "Rules of Professional Conduct":

    www.nycourts.gov/rules/jointappellate/NY-Rules-Prof-Conduct-1200.pdf

    Not only can complaints be filed against Senior Field Counsels who approve false 3020-a charges, but also against DOE attorneys and their supervisors who prosecute the cases. Complaints have to be filed with the correct disciplinary committee sometimes referred to as a "grievance committee":

    www.nycourts.gov/attorneys/grievance/complaints.shtml

    For Manhattan and Bronx attorneys:

    www.nycourts.gov/courts/AD1/Committees&Programs/DDC/index.shtml

    For Brooklyn, Queens, and Staten Island attorneys:

    www.nycourts.gov/courts/ad2/attorneymatters_ComplaintAboutaLawyer.shtml

    Disciplinary complaints can also be filed against the arbitrators, who always seem to be attorneys. One would need to look them up online to see where their offices are located. Some of the arbitrators are from Long Island or upstate. Some of them are from other states. The committee that has jurisdiction over an arbitrator's ethical conduct is determined by the location of the arbitrator's office.

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  29. @10:24PM - What is 13%? Who are 'those same people'? Be clear.

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  30. Did you know @11:24PM that caucasian youth many times commit 'offenses' and police officers 'talk' with them and do not arrest them. Although you quoted statistics, according to you, there are things that happen behind the scenes that do not lead to the arrest of non African-Americans. Let's be conscious of that. Am not putting blame on police officers because it is a very dangerous, stressful job and many times a thankless job. By the way, I am not African American and I am not a liberal. There are not easy answers, but what is wrong is wrong no matter who you are. Let's all be safe and try to educate and lead our students in the right path.

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  31. Irony here is teacher charged here was African American.

    I tell people again and again to stay on topic but a few peple almost always move the conversation to their pet issues. I would have to spend half my day taking comments off so I'm glad there are people here to counter the racial stuff that the posting has nothing to do with.

    Norm (Ed Notes)doesn't need defending from me. His body of work for almost 50 years supporting teachers speaks for itself. He retired in 2002 and yet he still can be found at 3020 a hearings standing tall for teachers like Portelos and many others.

    As for going after the lawyers, the Board got a reprimand out of this totally bogus case. I doubt a lawyer's ethics group does anything to the lawyers. The only way we could exert any public pressure is if we were united behind such an effort. That seems highly unlikely to happen after reading the comments here. Divide and conquer is alive and well.

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  32. With all do respect 1136, turn on the news or open the newspaper, crimes have all (most) same common denominator.

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  33. A Brooklyn high school teacher has been arrested over accusations he had a months-long sexual relationship with a 16-year-old student, police sources said Tuesday.

    The abuse began when Mervyn Affoon, 52, a business teacher at the Academy of Hospitality and Tourism in Flatbush, allegedly grabbed the boy’s groin after class in February.

    The student was taken aback and resisted. Affoon apologized and asked the teen not to tell anyone what happened, sources said.

    A week later, Affoon groped the teen inside an elevator, according to police sources. The teen didn’t object and later agreed to meet Affoon several times at the teacher’s East Flatbush apartment for sex, beginning in March. Legally, the student was not old enough to give consent.

    After each encounter, Affoon gave the teen money for food, about $400 in total, sources said.

    They did not see each other over the summer but after classes resumed last month they made plans to meet outside school again, though they did not actually do so, sources said.

    On Sunday, the student, now 17, told his parents about the abuse.

    Police were notified and set the student up on a controlled call with Affoon, sources said.

    During the call, the pair talked about getting together again at Affoon’s apartment, but when the student asked if they were going to have sex again Affoon got suspicious he was being set up, sources said.

    Still, authorities concluded they had enough evidence to arrest Affoon Monday morning. He was charged with forcible touching, sex abuse, criminal sex act and acting in a manner injurious to a child. His arraignment was pending in Brooklyn Criminal Court Tuesday.

    Affoon admitted to saying what was recorded on the call but said he did nothing else wrong, sources said.

    "The family of this student is outraged and wants to see that this teacher is prosecuted to the fullest extent of the law,” said the family’s lawyer, Scott Rynecki.

    Affoon started working for the Education Department in 2006 and has been at the academy, which is based inside Erasmus High School, since 2007, officials said. He has no prior disciplinary history.

    “These disturbing allegations have absolutely no place in our schools and represent behavior that violates the trust of students and families,” said Department of Education spokesman Michael Aciman.

    Affooon makes $89,700 a year and will remain on the payroll pending the outcome of the case.

    He has been reassigned to a desk job in a central office and won’t have contact with students, Aciman said.

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  34. @5:19AM - Unfortunately, for you, the news does not report ALL crimes. Open your mind...... Open your eyes..... All crimes are not reported. Moving onto this case with the teacher bringing a concern about the students. It is scary when an educator cannot raise such concern. This teacher felt compelled to say something out of concern. This would have been appreciated a long time ago. I know my parents would have appreciated a teacher speaking up about this.

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  35. I work with her as an ATR at our current school. She's not one to be trifled with, but is fair with the kids and is a very supportive colleague. I've seen teachers over my career WDGAF about education, and just skate by because they look the other way or bow their heads to admin. This is what happens when you call admin out on their bs. This is why we pay dues and Mulgrew better do his job and stand for this woman. Give me and everyone else a reason to stay in the UFT, at least pretend to care.

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