6. Absences and Latenesses During Suspension

Yes, during my suspension, I was absent 63 times and late 44 times :

" What is the Board's problem with not paying a teacher, not wasting money on a teacher who it has consigned

to a room to do nothing ? I don't know what the problem is." (Mr. Lower's closing statements.)

Excerpt of the arbitrator's report on the subject :

Under cross-examination, Walters acknowledged that the absences

and latenesses with which the Respondent is herein charged occurred after he was removed

from the school, that she had no supervisory responsibility for the locations to which he was

assigned, and she did not speak to the Respondent about the absences that are the subject of

the specifications. (TI09)

The Respondent testified that he was reassigned to administrative duty after February

4, 1998, specifically, that after meeting with Superintendent Joyce Coppin on February 23,

he was assigned on February 26 to East New York High School for Transit ("Transit"), and

remained there for the school year 1998-'99, and that he was assigned to Wingate High

School ("Wingate") for the 1999-2000 school year. At Transit, he "was asked [orally, by

Principal Lazarus] to write a curriculum in math, an interdisciplinary curriculum,

them in math." (T263) (Respondent's Exhibit 18) At the time he was pursuing doctoral

studies at Rutgers University in the application of mathematics to management. The

Respondent testified that he got no feedback on the "curriculum project," had not been

asked anyone for any work he had done on it; had not had any meeting with anybody

concerning it. He stated, with respect to the absences, " I was absent because it appeared

clearly to me that what I was doing was of no interest to the school administration."

They didn't ask me anything about the curriculum. I did not discuss anything about the

curriculum. When I came back from the previous school year, in September, nobody talked

to me about what I should be doing, despite the fact that I was sharing an Assistant

Principal's office. So it appeared to me clearly the work I was given was just "make-work,"

just to keep me busy. They were not interested.

As a result, I decided to focus on my studies and that's why I was absent and I was

deducted." (T266, 267)

The Respondent testified that he was not advised by anyone at the school that he

should not be absent nor was he criticized by anyone for his absences; he did not submit

leave forms nor was he asked to; his abcences were recorded by failure to punch his time

card, and deductions were made from his pay reflecting each absence and lateness. (T270,

271) (e.g., Respondent's Exhibit 11 )

The Respondent testified that, by letter (dated January 11, 1999) with accompanying

form (Respondent's Exhibit 17 ) to Erasmus Principal WaIters, he requested a leave of

absence without pay, to commence in February, because he "just felt it would be more

practical. . . to take a leave of absence. . . to pursue my doctoral studies, pending the

resolution of my case because. . . when I'm absent, I'm getting deducted so let's do it in a,

you know, consistent manner, just request it and take the time." (T281) (Respondent's

Exhibit 12) This letter was returned as undeliverable (Respondent's Exhibit 13) but a copy

was delivered by certified mail to Superintendent Joyce Coppin. (Respondent's Exhibit 14)

In early June 1999, the Respondent received a call from a Mr. Ferrera, "Head of Personnel"

in the District Superintendent's office, to discuss the leave request; however, since the

school year was virtually over, he advised Ferrera, "I don't need it any more." (T285,286) It

was not until June 1999, upon receipt of the charges herein, that the Respondent was made

aware that his attendance record was unsatisfactory, he testified. (T287) Under cross-

examination,he acknowledged that he is aware of the need for regular attendance and

promptness. (T305)