Due process is a pivotal aspect of personnel management, particularly within the public school environment in which I am currently employed at a middle school in Brooklyn, New York. This issue is oftentimes complicated by current tenure laws within the State of New York, a number of which have recently come under intense public scrutiny. This document will explore the nature of due process and some of the legislation relating to tenured and non-tenured individuals within New York through the means of a case study. The case study is applicable to anywhere, yet will be examined within this document as though these people and events took place at the aforementioned school at which I am employed. The crux of the case study is that I am a principal at this learning institution in which there is an effective, yet somewhat rogue teacher who is accused by the parents of a student of discriminating against her.
After learning that Julia's parents want to file a discrimination case against Mrs. Wright, Julia's teacher, it is necessary for me to gather the names and contact information for Julia's parents as well as for me and the school in which I am employed, the name and occupation of Mrs. Wright and her place of employment, the nature of the particular claim for discrimination and the stratification in which it should be placed (pertaining to drugs Julia imbibed), and any relevant witnesses. I would send this information to both the New York State Department of Labor and to the school district in which the school is located. It is necessary to follow up with the district in regards to whether or not Julia's parents will desire a hearing; it is also advantageous for the witnesses to issue statement in writing regarding their perspective on the matter.
2) After the hearing was conducted and it was determined that Mrs. Wright is not guilty of discriminating against Julia and if I were to look through Wright's personnel file, I would greatly expect to see information in accordance with this definition of discrimination: "discrimination occurs when you are treated differently in a way that causes an adverse impact to you, based on your: race, gender, age, disability, religion, national origin…" (New York, 2014). Thus, I would be prepared to see records for Mrs. Wright which did not involve the operative part of the aforementioned definition, "in a way that causes adverse impact." It is clear that Wright treated Julia differently, however, the investigation revealed that such differential treatment did not adversely affect Julia. Therefore, I would expect to see records that reflected this fact. Some of Mrs. Wright's non-discriminatory behavior is constitutional. For instance, her airs of superiority and complaining about the school board are constitutional. Still, I would ensure that she fully adhere to Julia's accommodations under the threat of punitive measures -- particularly for a non-tenured instructor. If she was tenured, I would still emphasize that it is her job to adhere to Julia's accommodations, and would threaten her with a different incompetence hearing if she did not follow suit.
3) The consequences that Wright could face were she found guilty of discrimination include getting fired, as well as becoming subject to both criminal and civil litigation against her. Teachers who have tenure in New York State can certainly lose their jobs if they break a law. Discrimination of those "in state agencies that provide services" (New York, 2014) which public school teachers do, are transgressing the law when they engage in discriminatory actions. As a non-tenured teacher Mrs. Wright has substantially fewer rights than a tenured one. She would have the right to a hearing -- if found guilty she could lose her job. Those rights would differ for a tenured teacher in that he or she would have to get suspended during the duration of the hearing, and he or she might still not be eligible to lose his or her job even after the outcome of the hearing was decided (NYSED, 2012).
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