Teacher being harrassed by admin

[ctwith3]

I am a Computer Science teacher in a public high school, and I have been teaching for 15 years.
Recently, I had a letter of reprimand placed in my personnel file by our Asst. Supt. The reprimand was for voicing my dissent on a policy in an email to a committee (of which I was a member) regarding a policy that is part of a technology plan to be presented to our school district's Board of Education for approval. My email was a reply to his new CIO/Data reporter, and the entire committee was cc'd. I purposefully omitted a salutation so that the email was not for any one person. I stated, "Philosophically, we can agree to disagree, I'm okay with that concept- we obviously have a difference of opinion on the impact of the suggested new policy," and was followed by the polite closing, "Have a good afternoon." Throughout the email I was professional, and polite, and never demonstrated any escalation of anger or intent to harm any person or any person's reputation. That email was followed by an email from the Asst. Supt. ordering me to meet with him- that email was cc'd to the entire committee, whom recognized his intention to reprimand me in some way. The next email suggested I bring a union representative to the meeting, but did not cc the committee. In an email exchange started by my union rep, to the Asst. Supt. and I the next day, my union rep stated his failure to recognize a problem in the email and the need for a meeting. I stated I was puzzled as well, and we had a meeting in which I received letter of reprimand, which would be placed in my personnel file. In said letter, he made the following statements:
"The purpose of this communication is to convey my disappointment in the way that you have expressed your displeasure with certain administrative decisions."
"I must take exception with you that the spirit of your email was intended to be a polite philosophical debate. Rather, I believe that your correspondence was rude and disrespectful as you veiled your disagreement in a threat to involve Board of Education members."
"It is my position that you have in fact injected your position into the school when you decided to use a threatening tone with Mrs. _____ by potentially involving the Board of Education."
"Please also be advised that any community member or staff member is always welcome to address the Board of Education in writing or in a public meeting regarding concerns that they may have."
"In summary, your behavior regarding this incident was inappropriate and counterproductive."
As a teacher, or a member of any other profession, my reputation is extremely important. Furthermore, if my position were to be eliminated, a prospective school district could see my personnel file, and the file could be used in a proceeding to have my certification revoked (not likely).
I wrote a rebuttal, and said rebuttal was not placed in my personnel file- I found out when I asked to see the file. I printed another copy of my rebuttal, sent it to the Superintendent of Schools for our district, and then the union (whom I cc'd on the letter as well) was told by the Asst. Supt. that my letter was accidentally left out.
Our Asst. Supt. is vindictive and sneaky- the common perception amongst the union membership. During the meeting he raised other issues, such as my going over his head on certain issues (his lack of knowledge in technology is bewildering [and he is in charge of it]), and that I don't get along with his technology department- a very common situation between Computer Science teachers and the tech department in most schools. I followed the chain of command, and he was always rude and/or dismissive, which forced my going to the Superintendent for the needs of my students, curriculum, and classroom. I have never been written up in all my prior years. I am appalled by the letter and his vindictiveness, and view the reprimand as defamation of character. Do I have legal recourse?

 

[FlaRiptide]

In order to have legal recourse for defamation of character, you must prove that his actions and/or comments were intentionally made in order to harm you. The crux of the problem is whether he intentionally lied or not. Though you may not believe what is said is true, if he believes it is true then it is not defamation.

 

[ctwith3]

Then is it slander? He accused me of threatening- a very bad label in my field. We have a new Supt., and a new principal coming in September. I have been told that I have now been labeled "difficult to manage." This could cost me to lose a stipend position because he is now labeling me as trouble. I'm blown away by it.

What about the fact that he "wrote me up" for stating I would go to the board, when it is my right to do so?

I once was doing research on a server for my computer lab at home after work. I called Dell for a price, and then they emailed me a quote. I gave the quote to my Superintendent because she asked me for a quote when I told her I had the money budgeted for this school year.

The quote had the district's account number on it, and he "called me on the carpet" for contacting Dell because I now knew the account number.

I never asked for the account number. Dell automatically puts that information on every label, and I had the number somewhere on a copies of P.O. requests from orders in years past.

I politely pointed out that the account number is useles without a P.O., I never asked for the number, I was doing research for my job, and that account numbers are on the label of every box Dell ships.

He told me I couldn't ever call them again- even from my own home phone.

He can tell me what I can't do at home and whom I cannot call?

He didn't call, or send notice, to DHL to tell their delivery men not to look at the labels.

 

[FlaRiptide]

Defamation or slander, the intent to do harm would still need to be proven. Though it may certainly appear this individual is going out of his way to be difficult with you, if he has a shred of basis then his actions are justifiable. Someone else may have shrugged it off, but he threw the book at you.

It is indeed unfortunate and you may suffer. Yet unless you can show that his sole intent was to purposely inflict harm upon you, you have no legal recourse.

 

[ctwith3]

Thank you for replying.
His actions are vindictive for my going over his head when he was not helpful, but dismissive.
Hi has inferred a threat existed, cannot prove such a situation existed, and saw it as an opportunity to et even with me. The Superintendent, and building Principals have now labeled me as "hard to manage," so my reputation of being friendly and professional is now gone. Additionally, our principal, who has been told to move on, will do so with that impression of me, and the "hard to manage" reputation will be shared with the next Principal. That reputation will come into play every time I interact with administration.
This attitude only started after his Tech Dept. ignored a requests for help/were not getting to that request- which effected my being able to do my job- and he was dismissive. The job is a district-wide stipend position, and I had previously dealt directly, and only, with the previous Supt.- he wanted no part even though he is in charge of technology. I went to the Supt. as was prior protocol on that topic, and she went to him to find out why nothing was being done.
He probably didn't like having to answer for not doing his job and properly supervising the Tech Dept., as well as not supporting the district-wide initiative I administrate.
There was no threat in the letter- he decided to infer there was one to be vindictive. He even banned me from the Technology Committe meetings.
In all honesty, even though he is less than desirable, I wish he wouldn't dismiss me considering I am the technology leader in our district (his own words) and would rather have him support the needs of my students and curriculum.
FYI- I ride a custom chromed Harley (not the touring type), wear a lot of black clothes, wear Harley leather jackets (one with a ig skull on the back), have long hair (neat), and have worn my Harley shirts with the same big skull on the back. I like the clothes, and the contract states we cannot be told what to wear- other than revealing clothes or clothing advertising alcohol, tobacco, etc. .
I could infer that he is discriminating against me, and that he decided to infer a threat in my email because of the Harley side of me.
Anyone can infer anything- I see blue, you see greenish blue- but to put in in writing when the only threat that could be considered is the life of a password age expiration policy he proposed?
The whole committee knows I am not there, and every time I have to interact with district administrators they will first see the guy labeled as "hard to manage."
FYI- my current principal told me that is how I am now viewed.
Yes, at this point I'd like to see him written up for cc'ing the entire committee when he ordered me to his office, and would like to see him fired, but but money is not driving my research on this as a legal issue - more than anything, I want the letter withdrawn and given to me so that I can burn it, and I want my reputation restored.

 

[FlaRiptide]

You do have issues, yet unfortunately they do not appear to be legal issues.

 

[MSLAW]

I see you said you are represented by a union. Maybe I missed it, but what is the union's position? Aside from the legal aspects, your issue is also contractual. Is the discipline consistent with the contract? Regardless, did you file a grievance? If so, what was the outcome? Why isn't your union more involved in your situation? Have you sought the advice of the union's attorney? That's where I would begin.

 

[Green_Hornet]

I don't see much for a slander case, it would be waste of time pursuing. I would not give up on it. Definitely use the grievance machinery and get the letter expunged or sealed in your record. That looks like it can be done, possibly on a second step without going to arbitration.

Defamation is divided into the torts of libel (publication) and slander (Speech).
Liability ensues under the following:
1.An "unprivileged" publication to another.

There has not been an unprivileged disclosure.

2.A statement that is false and defamatory,and

Possibly

3.fault with respect to publication.In some instances, a plaintiff must prove that the statement has caused special harm.

So far you are still working and being paid,you have not been rejected for a promotion. You have not indidcated a special harm.

 

[cbg]

In some states, if there is something in your personnel file with which you disagree, you have the right to place a rebuttal in the file and the employer may not remove it. May I ask what state you are in?

 

[irish223]

In some states, if there is something in your personnel file with which you disagree, you have the right to place a rebuttal in the file and the employer may not remove it. May I ask what state you are in?

It seems that he has that right (and it's probably included in his contract), and I would hope that he checked his file after he submitted his rebuttal the second time.

I wrote a rebuttal, and said rebuttal was not placed in my personnel file- I found out when I asked to see the file. I printed another copy of my rebuttal, sent it to the Superintendent of Schools for our district, and then the union (whom I cc'd on the letter as well) was told by the Asst. Supt. that my letter was accidentally left out.

 

[Green_Hornet]

There are states with laws that require discloser to the employee,and a rebuttal letter if the employee disagrees. The grievance machinery offers removal of the letter completely, or a seal.

 

[cbg]

Since all we know is that the rebuttal he wrote was not placed in his file, and we are only assuming that the "right" is included in his contract, I would still be interested to know if, by chance, he has the right under state law.

 

[Green_Hornet]

we are only assuming that the "right" is included in his contract, I would still be interested to know if, by chance, he has the right under state law.

Great but it is not an assumption the contract does not have to have specific language on what is and is not grieveable, to file a grievance with the union. There are two types of cases that appear before arbitrators (1) Rights disputes,and (2) Interest disputes. Either can be arbitrated. Either way it has draw its essence from the CBA in this matter that would fall under the general discipline clause.

 

[cbg]

I'm not talking about whether he can or cannot grieve through the union. That's a separate issue from whether state law gives him the guaranteed right to place his rebuttal in the file. Which is ALL I am asking about.

 

[luvsspike]

How big is your district that you deal with you Asst. Sup. directly? It sounds like a small district. Bring the legal union hammer down, file the grievence. If that doesn't work, file a workman's comp claim for stress that they've caused. Money talks....the small districts will cave in the face of the budget crisis most districts are facing.

 

[ctwith3]

We are one of the smallesy public school districts in the stat. My buildin house under 480 students in grades 7-12.
My union ststed that tany grievances must be of the utmost emergency due to limited funds for grievanxes.
W aare allowed yo add a debiial to a formal/written reprimand, but it is
usually isigorred/

The Dep. Supt. appears to run the district as far as we are all concerned- he is a micro manager/puupt master, ans the new principal each year id his puppet.ver
Last Friday the union president and principal went out for 18 holes of golf rogether- I call that a conflicy of interest in light of the fact thay whenerthey go tp the same conference they room together.There;s politics, and there's making your life easy at the expnse of others.
My wife and children have suffered severely since March 2009, which I have medical documentation that should correlate what I call harassment
Additionally, I was not allowed to write currriculum last summer and lost approc $1400, and again this year which is another $1400, even though all teachers with new courses (I Have 2) were promised curriculum writing hours- except for me.
In late 2008 I unknowingly embarassed the Deputy Supt- I didn't know he was lying, I just thought he mixed up the inforamation. Since then he has been on my case on and off. Sad but true, I'm not his only target,
On hs email to me in April 2009 for being threatening because I promised to keep arguing against an over zealous password policy- all the way to the Bd. of Ed. who appeoves or disapproves policies.
He also tried to get me to violate a federal copyright law covering an academic software program from Microsoft even after Microsoft idebtifed that I was the program administrator, and I was prohibitted by an agreement with Micrososft my department, and and federal copyright laws- I was cc'd on that email.
I'm not asserting that I have grouds to sue on the above items, I am questioning what I cab do.
In a separate proceeding, the EEOC is investigating several counts of discrimination ability, and possible reataliation charges.
I'll probably file a complaint with the state myself for every admin involved in these games.
Do my wife and children have grounds for a case since they watched my disabilities go acute due to work stress from work for 8 months?
Sorry iy'd a ;pt to read.














?

 

[army judge]

You may bring a lawsuit.
Your wife may bring a lawsuit.
Your children have no standing to bring a lawsuit, due to their disability as minors.
However, you and your wife can bring a lawsuit on their behalf as parents.
None of those lawsuits have any legal merits.
You won't prevail.
None of you will prevail.
You have no right to be allowed to do anything, but the job which you are under contract to perform.
If there was a meritorious lawsuit, no doubt, the union would have brought one.

Life is replete with disagreements and stresses.

You can't win this, because there is nothing here for you but more losses.

If I were you (God knows I love lawsuits), I'd let this go.

If you press this, they'll watch you like a hawk does a mouse.

Eventually, they'll get you.

If the person is as vindictive as you say, I'd stay the heck outta his way!

I'd go back to doing what you've obviously done well for 15 years, teaching eager, young minds!


Sent from my iPhone using Tapatalk

 

[ctwith3]

In order to have legal recourse for defamation of character, you must prove that his actions and/or comments were intentionally made in order to harm you. The crux of the problem is whether he intentionally lied or not. Though you may not believe what is said is true, if he believes it is true then it is not defamation.

Is it just me, or do other people find this both sad and scary as well?

The union leadership cares about their own stake, supposedly we can only fund 1 greivance per year.

The union Pres. & our Principal play golf togther, as well as sharing a room and doing everyting together at conferences- same workshops annd all meals/ It's nice to have a good relationship, but from where I sit it's a conflic of interest.
The union Pres. & I split a morning duty at staggered time slots. I received an email stating my serviced were no lomger needed for the last week of testing- our unio prs will handle it all ny himself- I believe the time should have been equally split so as not to incurr economic loss- he still had afternoon detention the last week as well.
Usually,mpeople like these only stick around a few years until they find a bigger pond. The principagave me my annual review, and it was satisfactory (vs unsatisfactory), and my classroom observation was perfect. They know I am a profesional whom researchs all their claims doe to their lack of credibility. My previos principal and Supt. were straight shooiers wgo showed us all respect- nothing negative ever happened under their tenure, and the current Dept. Supt. was just an Asst. Supt. whom hid like a mouse.
I called NYSUT and got hell for it from my Union Pres. (as if I cared), and was told to go through himonly- hence my redirection to the EEOC regarding discriniation my disabilities.
I weote 2 proposals for curriculum writing projects, and have yet to be notified if of their approval. The propsals have true merit that is in alignment with th district nission, but so was the one I wrote last year.

I appreciate your advice, and your honesty. As long as we aren't ryde to eachother becauswe we don;t hear what we want to hear doesn't mean anyone should ever be rude. I'd like mentire Admin dreawn & quartered, and tou'll let me know it woun't be santioned by an judicial member or committee (it would be justified), but it's good release to close my eyes and imaginw them as cast members working with Wiile Coyote, only to be beaten by the Road Runner as another Acme product faails yet again.