Last night I was very disturbed to watch NYC Mayor Bloomberg and Schools Chancellor Walcott make an announcement in regards to teachers who have been
accused of sexual assault or inappropriate behavior. From the NY Times:
Mayor Michael R. Bloomberg said on Tuesday that the city should have the final say on whether teachers accused of sexual misconduct should be fired, even if hearings determined that they should keep their jobs.
So the city, meaning the Mayor or the Chancellor should be able to overrule the "due process" procedure which would have found a particular teacher should keep their job (likely due to the lack of evidence to substantiate the claim of misconduct).
This is like saying that a judge should simply overrule a jury decision simply because the judge thinks the defendant ought to go to jail anyway.
How is it that a mayor of a city on the United States presumes that due process has no place in a country where citizens are guaranteed due process rights?
Mr. Bloomberg, arguing that the union wants to protect its members more than it does students, proposed a new state law that would give the city’s schools chancellor, or any school superintendent in New York State, the ability to override an arbitrator’s decision and fire or penalize a teacher in a sex-misconduct case.
Read that again. Bloomberg actually went on record that he is opposed to the concept of due process. Furthermore, rather than the teacher's union being praised for standing up for the due process rights of it's membership, they are being painted by Bloomberg and the media as "protect members more than students". That is absolute bunk. Supposedly in the United States, a person who is accused of a crime must be proven guilty. Sexual misconduct with a student (minor) is a crime. Why are persons who are supposed to uphold the state and federal constitutions seeking to publicly eviscerate them? Why aren't they being called to task for it?
“There is simply no reason that teachers accused of sexual misconduct should have greater job security than other city employees,” said Mr. Bloomberg, who was joined by several state superintendents’ groups at a news conference at Gracie Mansion. “The fact that they currently do is wrong; it is dangerous; it is indefensible.”
Really? No reason? It is "wrong" for the accused to be proven guilty? It is wrong for the accused to have a vigorous defense? This is wrong?
I get it. We wish to protect children. I agree with that. If the city wishes to remove a teacher from the classroom when a report is made, I can understand that. Better to be safe than sorry. However; there must be due process that is binding on all parties. If such conduct is proven then the teacher ought to be fired and appropriate criminal actions taken. If there is so much concern about teacher student behavior, put cameras in all the classrooms and other places where teachers and students are. But to have a situation where someone who is accused faces just about all the penalties of being found guilty of a crime, without due process and despite due process is a total disregard for the letter and spirit of the law of the land. Such changes to the law would make it very easy for students who do not like a teacher (for any number of reasons, bad grades come immediately to mind) to report him or her for 'sexual misconduct".
