Tenure charges based on hearsay insufficient, charges dismissed

Arbitrator Walt De Treux has dismissed tenure charges against a Cinnaminson, NJ teacher, concluding that the charges were based on hearsay and conduct that was addressed 16 years ago.  Arbitrator De Treux's award can be found here.

The teacher had been employed by the District since 1996. In 2002, he was the subject of a newspaper article that described his alleged relationship with a minor in 1990.

 Shortly after the report was published, the teacher was placed on administrative leave for three weeks but was returned to duty with no further discipline.

In about December of 2018, "it was reported" that he had told a student "Look at me. Let me see your pretty green eyes. You don't see them too much anymore."

The tenure charges, sworn to by the Superintendent, alleged that the teacher had made the statements alleged and that the student reported the comment made her uncomfortable.

The teacher filed a Motion to Dismiss the tenure charges, claiming that they were procedurally deficient and were based on "hearsay, rumor, and innuendo."

Arbitrator De Treux granted the Motion. On the allegations relating to the alleged comments he found:

A description of the student’s reaction (feeling “uncomfortable’) without any indication to whom, if anyone, she reported that reaction or to how the alleged comment and reaction came to the Superintendent’s attention (i.e., the number of persons the account was passed through before he learned of it) gives Respondent no opportunity to properly respond to the allegation or to rebut those unknown persons that may have reported or passed on the alleged comment and description of the student’s reaction.
For all these reasons, I find that the charges as they relate to alleged current conduct, i.e., the one alleged comment to the female student, are based on hearsay, and therefore, are procedurally deficient and must be dismissed.

Similarly he rejected the Board of Education's reliance on the events of 202. Despite the BOE's assertion that "parental and societal views have changed" Arbitrator De Treux found that the fact that some parents now demanded his removal from the classroom did not provide the BOE with a second opportunity to address conduct of which it had long been aware.

 Accordingly he ordered the dismissal of the charges and the teacher's immediate reinstatement with back pay.