3020a Hearing in Queens, NY

What Matters at the Hearing

There is no specific test in the statute or regulations which the arbitrator will use to make his or her decision, but the following questions will probably be important factors in the outcome:

• Did the Department of Education show by a preponderance of the evidence that there was “just cause?”
• How credible were the witnesses on each side, including the defendant?
• How well did the evidence support the charges?
• If the alleged action is found to have taken place, were there extenuating circumstances? Did the defendant seem remorseful?
• What was the defendant’s disciplinary record like before this 3020a was instituted?
• What was the quality of the representation on each side?

We encourage you to retain private counsel in order to maximize your due process rights.

• Our lawyers focus exclusively on employment law issues and have the skills and knowledge to represent your rights in a 3020a hearing.

After the Hearing

If you are acquitted, both federal and state law entitle you to certain rights:

• You are entitled to be restored fully to your previous position
• You have the right to collect back pay if applicable
• You are entitled to have your record expunged of the charges
• In the event that the charges leveled against you are found to be frivolous, the arbitrator might order that the district reimburse you for the costs of your legal defense
• You might have a claim against the district under Title VII of the 1964 Civil Rights Act if these charges were an attempt to deny you employment or promotion because of your age, gender, race, sexual orientation or religious beliefs

However, if you are found guilty, any one of a number of consequences could occur:

• You could be fired
• You could be made to pay a fine
• You could be suspended without pay
• You could be reprimanded
• The hearing panel might require you to undergo counseling
• You might have to be treated medically
• The panel might mandate that you take courses in continuing education

For more information on your 3020a hearing in Queens or Long Island, visit the Commissioner of Education Regulations.

What Happens when a Teacher is Notified of Charges Against Him or Her?

Section 3020-a of the New York Education Law outlines the process that districts must take to discipline tenured teachers who are accused of misconduct or incompetence. This process includes a formal 3020 hearing.

After formally charging a teacher with misconduct or incompetence, the district’s employment board clerk must notify the other members of the board of the charge. If the board votes that there is probable cause to seek disciplinary action against the teacher, it moves forward with the process by sending the teacher a written statement outlining the nature of the charge, the maximum penalty for the charge, and a detailed explanation of his or her rights. The teacher then has 10 days to determine whether he or she wants to schedule a 3020 hearing and must notify the board of this choice. Otherwise, he or she waives the right to a hearing.

What Should a Teacher Consider Before Attending a 3020a Hearing?

If the teacher is charged with misconduct, he or she can choose whether the hearing will be heard by an individual officer or a panel of three individuals. If he or she is charged with incompetence, the hearing may only be heard by one party.

Upon receiving notice of disciplinary action, a teacher should start working with an experienced employment lawyer to determine the right course of action. It is important to remember that a 3020 hearing is not a legal proceeding, but a process used to determine whether a teacher is fit to remain in the classroom or even in the district in any capacity. Penalties can include moving a teacher to a new role within a district, suspending him or her with pay, or terminating his or her employment. Working with a lawyer can help a teacher determine his or her rights.