Department of Education Question

[evansss]

What is the name of your state (only U.S. law)?

New York.

I work for a private agency that is governed under the rules and regulations of the NYC dept. of ED. I was charged with criminal mischief in the 3rd and harassment in the 2nd. Stemming from a fight I had with my girlfriend, got on the hood of her car, and left some scratches on it. Im told by my lawyer that the ADA is prepared to give me an ACD, however I have been unable to determine whether or not that will be acceptable under the DOEs guidelines. This also means before it gets sealed as well. My other options is to go to trial. My girlfriend has already told the ADA she wants the charges and the restraining order dropped. They said that rather than the 2 year order they were seeking, they would modify the existing one that let us remain in contact with each other, but any harassment or arguing would still be in violation. The ACD will take 1 year to seal, the trial could take less than that but there is a greater risk.

In short, my question goes out to anybody that has any knowledge about the NYS DOE and what they will allow while still letting me remain employed.

 

[Zigner]

You will need to speak with your private employer about this.

 

[HighwayMan]

I'm sure you're in a union. Speak to a union representative - that person would be in the best position to help you.

 

[evansss]

I have spoken to my union rep, and a lawyer that works for the union, my public lawyer and even the department of education itself. Nobody has been able to provide me with concrete answers or even relay on past cases that would give me some type of idea of what to take. I have even read the chancellor's regulations under which this falls, however it is so broad that I cannot reach any answer from this either.

 

[dave33]

Well, you need to STOP talking to or asking questions of the Department of education. They may have not even found out. Nobody can give you an answer because more than one person has to make the decision. The attorney that handles the criminal case and the union attorney need to talk.

 

[HighwayMan]

If I was you I would be more concerned about the order of protection.

Jumping on your girlfriend's car during an argument is not exactly a normal course of action during a simple argument. Sounds like there are other issues here.

As long as that order of protection exists it would be very easy for your girlfriend to get you into ALOT of trouble the next time there's an argument. And you have to worry about that for two years. I think it's time for a new relationship. Or maybe it's time to look for a new job.

You cannot expect anyone here to have any similar experiences with the NYC DoE. You said the DoE can't even answer your question.

If you are that concerned then hire an attorney to review your situation and defend you if needed. Buy a copy of The Chief and see if any of the attorneys that advertise in that paper might suit your needs.

If not then just lay low and forget about it - there's nothing you can do. And certainly stop volunteering information to your employer.