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City School District of the City of New York v. Holmes

Court upholds expungement of teacher's unsatisfactory ratings and award of legal fees.

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Justice Goodman

CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK v. HOLMES Petitioner, the City School District of the City of New York (Petitioner or the City), initiated proceedings under Education Law §3020-a in June 2001 to establish just cause for disciplinary action and for termination of tenured science teacher Augusta Holmes (Respondent or Holmes) on the basis of thirteen specifications (Specifications), charging excessive lateness, misconduct, incompetence and insubordination. After ten days of hearings, hearing officer Harold L. Richman (Arbitrator) issued an award (Award), and found no just cause for termination or further disciplinary action, ordered that Holmes be restored to her prior position without loss of benefits, ordered that the charges and the unsatisfactory ratings be expunged and the unsatisfactory ratings be replaced by satisfactory ratings, and awarded Holmes $17,500 in legal fees.¹

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