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CJ Law Wins In the Fight For NYC Teachers

December 2022
By: CJ Law


It seems that one of the biggest supporters of following rules is also the biggest rule breaker.The New York City Department of Education (DOE) blindly disciplined about 33 teachers without providing due process of law or finding just cause. Due process is a procedural safeguard to protect the innocent and ensure just outcomes. The most basic example of due process is notice and an opportunity to be heard by a neutral third party. Due process might not exist in countries like Russia, but it sure does in the United States of America.

On April 19, 2022, in the middle of spring break, the DOE sent the same boilerplate email to these teachers. The email stated that the DOE had information that the vaccination cards they uploaded in September 2021, were fraudulent. The DOE summarily placed them on leave without pay, and ordered them to not report to their workplace until the DOE said otherwise.

The word "law" in due process of law here, refers to the NYS Education Law. The Education Law sets forth a detailed process for disciplining teachers. The DOE has to take a multitude of steps before even initiating a proceeding. For instance, the DOE must first file detailed charges. But it didn't. And even if the DOE lawfully commenced a proceeding, it still could not place these teachers on leave without pay. Ultimately, these teachers would be entitled to a hearing.

The DOE however skipped over the entire process. Behind closed doors, the DOE took a blank accusation, then determined guilt and punishment in the same stroke. The DOE did not even notify these teachers of the alleged conduct they engaged in. If this does not set off an alarm, then you're missing one of the secondary points: your viewpoint about COVID-19 policies are irrelevant since this government will eventually crush you in the name of COVID. The DOE significantly harmed these teachers and their families. Even worse, it did so unlawfully, egregiously, and without remorse. The DOE thinks it is above the law. CJ Law is lettiing it know that it is not.

CJ Law commenced a lawsuit against the DOE, the Chancellor, and the First Deputy Chancellor for violating the Education Law and Due Process Clause of the New York State Constitution.The case will be heard in Kings County at the end of July.

UPDATE: CJ Law wins. The court ordered the DOE to reinstate our clients with backpay! Because of the ruling, the DOE reinstated another 50+ teachers who were also deprived of due process. This is what impact litigation is all about.

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