NEW YORK — An arbitrator exceeded her authority when she terminated a teacher for asking out an 18-year-old student he had tutored, without considering that the student was never called to testify at the disciplinary hearing, a state trial judge has ruled.
Supreme Court Justice Lucy Billings said the arbitrator was not compelled to draw an adverse inference from the New York City Department of Education’s failure to present the student at Jaime Gongora’s disciplinary hearing. Still, she said, the failure “at least warranted the factfinder’s consideration” in light of the state law’s mandate for “full and fair disclosure of…the evidence against the employee by the employing board.”
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