What is the name of your state (only U.S. law)? NY
I recently had an appeals hearing where my principal, an investigator for the Special Commissioner of Investigation's Office, my union representative, and I submitted testimony to the hearing officer, The testimony was tape recorded. The principal submitted into evidence a document of entirely fabricated events. The document she submitted was allegedly a summary of the events that occurred at my Step 1 Grievance Hearing; however, she said the meeting on said day was to discuss the results of the investigation. She used this document in the appeals hearing to substantiate her cause to not reverse the U rating she gave to me at the end of the school year. I disputed that I had ever received this document and that the alleged signed undated USPS receipt could not have accompanied a document that I had never seen or received. That signed receipt could have been associated with several certified pieces of mail she sent to me. This document never appeared in my personnel file when I got copies of my personnel file. The document listed my chapter leader, the principal and assistant principal present at this meeting on said date. Only my chapter leader, the principal, her secretary, and I were present at this meeting. The lettered quoted large segments of conversations about the investigation that my chapter leader and I purportedly stated. We discussed my grievance on that said date, not the results of the investigation. The entire conversation she cited in this document is fabricated: we had no such conversation. In this document, the principal wrote that I committed an offense on a certain date but I was reassigned to another site weeks before the date she cited in this document. At the hearing, the investigator stated on tape that he was never in the presence of any DOE staff (the assistant principal) when he interviewed people. The principal stated in this document that the assistant principal was present at ALL interviews with the SCI investigator.
Of course I am requesting a copy of the tape of my appeals hearing. My chapter leader has written a letter, notarized, that none of the events she cited or conversations she quoted us as speaking EVER occurred at this meeting on that said date. I am preparing a letter to the NYS Education Department, to the superintendent, to the chancellor (the appeal goes to him for review) and to the union.
I want to know if:
1. I have to file an Article 78 because my due process rights were violated?;
2. I can have her arrested for submitting a fraudulent document in a taped testimony where individuals had to state that what they were saying was the truth?;
3. since DOE dropped the charges against me but she still insists on using the charges to substantiate the U, is this an Article 78? I can’t substitute teacher or work for the DOE with that U. The U blacklists me for 5 years.
I recently had an appeals hearing where my principal, an investigator for the Special Commissioner of Investigation's Office, my union representative, and I submitted testimony to the hearing officer, The testimony was tape recorded. The principal submitted into evidence a document of entirely fabricated events. The document she submitted was allegedly a summary of the events that occurred at my Step 1 Grievance Hearing; however, she said the meeting on said day was to discuss the results of the investigation. She used this document in the appeals hearing to substantiate her cause to not reverse the U rating she gave to me at the end of the school year. I disputed that I had ever received this document and that the alleged signed undated USPS receipt could not have accompanied a document that I had never seen or received. That signed receipt could have been associated with several certified pieces of mail she sent to me. This document never appeared in my personnel file when I got copies of my personnel file. The document listed my chapter leader, the principal and assistant principal present at this meeting on said date. Only my chapter leader, the principal, her secretary, and I were present at this meeting. The lettered quoted large segments of conversations about the investigation that my chapter leader and I purportedly stated. We discussed my grievance on that said date, not the results of the investigation. The entire conversation she cited in this document is fabricated: we had no such conversation. In this document, the principal wrote that I committed an offense on a certain date but I was reassigned to another site weeks before the date she cited in this document. At the hearing, the investigator stated on tape that he was never in the presence of any DOE staff (the assistant principal) when he interviewed people. The principal stated in this document that the assistant principal was present at ALL interviews with the SCI investigator.
Of course I am requesting a copy of the tape of my appeals hearing. My chapter leader has written a letter, notarized, that none of the events she cited or conversations she quoted us as speaking EVER occurred at this meeting on that said date. I am preparing a letter to the NYS Education Department, to the superintendent, to the chancellor (the appeal goes to him for review) and to the union.
I want to know if:
1. I have to file an Article 78 because my due process rights were violated?;
2. I can have her arrested for submitting a fraudulent document in a taped testimony where individuals had to state that what they were saying was the truth?;
3. since DOE dropped the charges against me but she still insists on using the charges to substantiate the U, is this an Article 78? I can’t substitute teacher or work for the DOE with that U. The U blacklists me for 5 years.
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