Wednesday, March 25, 2009

You're An Animal!

1. You are an ANIMAL because you can't make sugar from water and air. (Kingdom Animalia)

2. You're a Chordate ANIMAL because you have a stiff, though flexible rod up your back.(Phylum Chordata)

3. You're a Vertebrate ANIMAL because the stiff rod in your back is made of lots of little bones called vertebrae. (Subphylum Vertebrata)

4. You're a Mammalian ANIMAL because you have breasts and/or nipples and a belly button. (Order Mammalia)

5. You are a Primate ANIMAL because you have a short snout, a large brain, and grasping little hands. (Class Primata)

6. You are a Hominid ANIMAL because you have a larger brain than other Primates, and you like to use your grasping little hands to groom your mate--among other things.(Family Hominidae)

7. You are a Human ANIMAL because you have a larger brain than other Hominids; your arms don't drag on the ground; you invent tools that save you time and energy and allow you to make lots of stuff--including fire. (Genus Homo)

8. You are a Sapient ANIMAL (Species Sapiens) because you have a Big Head that holds a Big Brain that has a BIG HUGE FRONTAL LOBE, that allows you to come up with all kinds of ideas about WHERE YOU COME FROM, WHAT YOU ARE DOING HERE, AND WHERE YOU ARE GOING.

The classification scheme that I have used was made up back in the 1700's by Carl Linneaeus, a sapient ANIMAL, 99.99% like yourself.

According to that scheme I am an animal and you are an animal. All my students are animals. Supervisors, teachers, paras, secretaries, school aides, cafeteria workers, custodians. Mayor Bloomberg and his attorney Klein are animals. Doctors, lawyers, police officers, fire fighters. Homo sapiens all.

Some people don't like to be classified as animals. They think that humans are very different from animals because we were created in the image of God. I don't agree with them, but I don't have a problem with their beliefs. Our differences are just proof that the BIG HUGE FRONTAL LOBES of our species are hard at work trying to figure out WHERE DID WE COME FROM? WHAT ARE WE DOING HERE? WHERE ARE WE GOING?

Monday, March 23, 2009

Anxiety Attack in Progress--Request for Information

Today I talked to someone who is pretty familiar with the 3020a process. I told this person about the two letters that I received on March 6. (See posts "Behaving like Animals" and "Swear to God"). This person seems to think that these letters could constitute formal charges, and that I should have filed for a 3020a hearing within ten days of receiving the letters. I showed these letters to my Chapter Leader when I got them, but he didn't tell me to file for a 3020a hearing. I just e-mailed my DR, but she hasn't gotten back to me yet. The last I heard from her was that if investigators showed up from the DOE, to take their card and tell them not make any statements. I've been sitting in the basement ever since, trying to keep positive and keep busy.

Does anyone know if those letters could constitute formal charges and if I am no longer able to file for a 3020a hearing?

Monday, March 9, 2009

Out To Lunch

As usual, I took excellent notes in my meeting with Principal P. on February 11. The disciplinary letter I published in my last post is based on this meeting. Also as usual, the difference between the disciplinary letter and the "transcript" of the meeting is truly amazing.

Meeting with Principal P. February 11

PRINCIPAL P: Ms. Moriah on Friday, February 6 you punched out and left the building without informing the Principal.

MORIAH And you want to know why? OK. First of all I don’t understand why this would be considered something wrong. Could you share with me your concern?

PRICIPAL P According to the Faculty Handbook on page 14 “all teachers must obtain permission from Principal to leave the building.”

CLYDE BAKER Is this a Chancellor’s regulation, or a school regulation?

PRINCIPAL A school regulation. Can you tell me why you punched out ?

MORIAH First of all, I punched out because it was my lunch period. I was not with students, nor was I going to be with students, because you had reassigned me to the conference room. I punched out on Monday (February 9) when I left for lunch as well.
I have also been punching in and out for over a year as I come into the building in the morning and leave the building in the afternoon.

PRINCIPAL Punching out is not school policy for lunch. We sign out for lunch.

MORIAH: I choose to punch in and out. It is characteristic of my time card. On Friday, I wasn’t feeling good, but I intended to come back.

PRINCIPAL: But you didn’t.

MORIAH: I intended to come back. I wasn’t feeling good. I thought the walk would do me good. I was halfway between the school and my home. (which is a 15 minute walk away) when I started feeling nauseous and dizzy. I kept walking to my home and I called the school. I believe I signed out as well as punching out, but I don’t remember.

PRINCIPAL: You did not inform me when you left the building.

MORIAH: That was my lunch period.

PRINCIPAL: There is no record of you having called the school. No one took a message from you.

MORIAH: Are you saying that I am lying when I say that I called the school?

PRINCIPAL: I am saying that no one got a message from you.

MORIAH: So no one in the office is taking responsibility for taking my message?

BAKER: Have you asked the secretaries and the school aides?

PRINCIPAL Yes. Patty Kramer said that she (Moriah) told her (Patty) that she (Moriah) was leaving the building.

MORIAH: Patty Kramer said that I told her that I was leaving the building? Principal P, I did not speak with Patty Kramer, and I did not tell Ms. Kramer that I was leaving the building.

PRINCIPAL That will be all Ms. Moriah.

MORIAH I have one more thing to say.

PRINCIPAL That will be all Ms. Moriah.

MORIAH (turning to speak to BAKER). Mr. Baker, I think this is unfair, and I am going to call Verizon to get evidence that I did call the school.

About an hour later Principal P. called me back into her office.

PRINCIPAL Ms. Moriah, I just spoke to Patty Kramer and I said “Ms. Moriah told me that she did call the school”. Patty Kramer then said, “Oh, yes. She did call. That’s right. She did call the school, and said that “I will not be back”. Even though when I asked did you call Friday, and no one remembered, now when I reminded them, they said, “Yes, she did call.” You told them that you would not be back. Is that what you said?

MORIAH Yes, that I was feeling ill and would not be back.


Meeting Ended

Even though she grudgingly admitted that I did call the school, I didn’t trust Principal P. I called Verizon to ask for a record of my phone calls on Friday, February 6. They took two weeks to send it to me, but it does verify that I called the school when I said I did. This was from my HOME phone, not my cell. I’m glad I went to the trouble, because this Principal has shown a consistent pattern of ignoring any and all evidence that would support my version of an incident. On the contrary she twists and fabricates facts to support a negative version.

Dereliction of Duty

I received this letter from Principal P. first thing this the morning.


February 27, 2009

Dear Ms. Moriah

On Wednesday, February 11, 2009, I met with you and your union representative, Clyde Baker, to discuss your unauthorized departure from work on Friday, February 6, 2009.

On Friday, February 6, 2009 at approximately 1:26 PM, I verified that you were not in the building to provide instruction to you for the following day. My payroll secretary and I searched the building for you and could not find you. You could not be located in the school. I asked several individuals in the main office if you had reported that you were leaving, however no one could provide any information as to your whereabouts.

During our meeting, I asked you why you left the building without notifying a supervisor. You stated, “I punched out because it was my lunch period. I was not with students, nor was I going to be with students because you had me reassigned to the conference room. I always punch out and in when I come and leave the building. I wasn’t feeling good, but I intended to come back. I thought a walk would make me feel better. I was half way between here and my home, and I started feeling nauseous and dizzy, so I kept walking to my home and I called the school and left a message.” I asked you who you spoke to, and you responded, “I do not know”.

I conclude that your conduct exhibited dereliction of duty by not informing a supervisor on February 6, 2009 that you were not returning to the school. I note that you were given a copy of the Faculty Handbook at our first Faculty Conference in September 2008 (See attached copy of your signed acknowledgment of receipt) that indicates the policy of informing supervisors when you are leaving the building.

You are hereby advised that the above described conduct may lead to further disciplinary action including an unsatisfactory rating and disciplinary charges that could lead to the termination of your employment.

Sunday, March 8, 2009

UNprivileged

This is my version of the meeting of February 24 mentioned in Zippo's disciplinary letter. Union representatives.Clyde Baker and Thor Heyerdahl were present.


ZIPPO: We are meeting today regarding an incident that happened on Friday, February 6.

If you’ll remember on Friday, February 6 Ms. Xavier and myself came up to room 273 during science class with 7B during period one at approximately 8:30, based on the report of two students that you were very very angry

Two students approached us and stated that we needed to come to the class because Ms. Moriah was yelling at the class. The students stated specifically that you were making statements including I swear to my God. I swear to your God, I swear to everyone’s God.

BAKER: Are those the words you heard?

ZIppo: No those were statements made to Ms. Xavier and myself by two students.

BAKER: And you’ll show us those statements.

ZIPPO Absolutely

HEYERDAHL: These students left the room?

MORIAH As soon as I said this?

ZIPPO I don’t know at what point they left the room, but they approached Ms. Xavier and myself in the main office at about 8:30, 8:20.

MORIAH Main office?

ZIPPO That’s where they approached me, yes.

MORIAH So I gave them a pass to the main office or they just ran out of the room without a pass?

ZIPPO That I would have to ask you, Ms. Moriah

BAKER Do we know who the students are?

ZIPPO I do have statements for you and if you like we’ll make copies, as soon as you sign a privacy agreement.

MORIAH: No privacy agreement will be signed.

BAKER You’ll have to white out the names, and therefore, we can’t validate whether Ms. Moriah wrote a pass for them.

ZIPPO This is not about writing a pass. That’s not the nature of this meeting.
In response to the complaints by the two students, Ms. Xavier and myself then arrived in 273. When we arrived there, we looked in and I observed Ms. Moriah standing there, arms folded and I observed a lot of noise and ruckus from the class. They were in their seats, but there was a lot of talking.

BAKER: Was the door open or closed.

ZIPPO It was closed.

MORIAH I was standing with my arms folded?

ZIPPO Folded or crossed in front of you, yes.

We opened the door into the room and I stated to Ms. Moriah, I asked her “Is everything all right?’ You responded, "No, everything is not all right. I am being accused by the whole class of saying something which I did not say and do not want to repeat.


ZIPPO Once you said that, there was a lot of calling out. I made the motion with my hands to quiet down, which they did, and I asked you if there was a lesson in progress, You replied, "No, there is no lesson in progress. How can I teach when the whole class is arguing with me?"

MORIAH Arguing with me or accusing me?

ZIPPO Well, I took notes soon after and my notes say that you replied, “No there is no lesson in progress. How can I teach when the whole class is arguing with me. I cannot teach when the class is arguing with me.

At that point I requested that a teacher walking in the hallway come take over the class, and I asked you to meet us in the principal’s office.

MORIAH: Could I ask, if you saw the students misbehaving and the teacher not misbehaving, why is the teacher being removed, and not the students who were causing the problem?

ZIPPO: Well, we’ll get to the cause of the issue, but at that moment it is the teacher’s responsibility to maintain an appropriate environment and decorum in the classroom.

MORIAH So you removed the teacher, not the students.

ZIPPO; We removed the teacher based on your statements that there was no learning going on. It was not an environment conducive to learning.

MORIAH So you removed the teacher.

ZIPPO: I removed the teacher for being argumentative with the class.

MORIAH I was being argumentative? I was not saying anything to the class when you came in, and I stated that the class was yelling and disrespecting me, but I was punished in the eyes of the students. I was taken out. Not the disruptive students.

ZIPPO: They were moderately disruptive. As I mentioned, there was some calling out. They called out particularly in response when you said “how can I teach with the whole class arguing and/or accusing me”?

MORIAH: So the whole class was yelling and screaming and saying some very very upsetting things to me.

ZIPPO I couldn’t discern

MORIAH You couldn’t discern, but you basically blamed the teacher, and accused the teacher, and punished the teacher when the teacher was doing nothing wrong when you came into the class, but standing in front of the class. So on the word of two students who had left without permission, with a pass, you blamed the teacher.

ZIPPO Ms. Moriah what occurred with two students, is they brought to our attention an incident in the classroom. We responded to the classroom. No instruction was taking place and you were engaged, basically arguing with the class when we got there.

MORIAH: No..

ZIPPO; When we arrived you were saying nothing at that moment, but it was clear that there was no instruction occurring and that it was a back and forth exchange. Once you stated, “How can I teach when the whole class is arguing with me or accusing me, the class then responded to you, so it was clear that this was a pattern that had occurred. Bottom line, there was no instruction, as was your responsibility. So that’s not an acceptable use of instructional time.

MORIAH: In other words, the children were misbehaving, but you removed the teacher.

ZIPPO The teacher was removed because it was inappropriate use of classroom time and it led to an environment of arguing in the classroom.

MORIAH The class was calling out and accusing—specific students were calling out and accusing me and I was saying, “I swear to God, that’s not true. I never said that, because it was so heinous that I needed to make a statement that everybody would understand and I swore it. If I had had a Bible, I would have sworn on the Bible that I did not say that. They needed to know that I did not say what the boys were saying that I said…and this isn’t blasphemy, because the President swears to God when he takes his oath of office.

BAKER: We do it everyday when we say the pledge of allegiance.

MORIAH: That’s right. I was swearing to God. I was taking an oath before God that I did not say what they were accusing me of saying. What they were calling out in loud voices. That is not an argument. That is an oath.

ZIPPO: Can I ask you what it was that they were accusing you of saying?

MORIAH After reading the statements, I will respond in writing.

ZIPPO After you were removed from the class, you reported down to the main office. Subsequent to that I did interview a number of students from the class. I have the statements from the students.

MORIAH I’ll be very interested to read them.

BAKER How was the interview conducted?

ZIPPO I spoke to the students individually. I called them out of class one by one.

BAKER One at a time?

ZIPPO One at a time in this office.

BAKER: And when you called one out, the other one went back to the classroom?

ZIPPO; Yes, they did.

BAKER: And so they had a chance to tell everyone else what had happened.

MORIAH During which period did you call them out?

ZIPPO The interviews occurred several days later on the Thursday prior to vacation.

MORIAH So this is one week later.

ZIPPO It occurred on Thursday, yes.

MORIAH One week later.

ZIPPO Four school days later.

HEYERDAHL: So these statements were obtained on the following Thursday. It was not done on that Friday.

MORIAH: So they had plenty of time to talk amongst themselves. Not during four days, but six days.

ZIPPO Ms. Moriah you can assume or deduce anything. The statements were taken on Thursday, we’ll be glad to give you specifics….

MORIAH Six days later.

ZIPPO; Looking at some of the statements, there were some inconsistencies over exact language and some other points, However, there were some consistencies you will notice when you read them. I have to ask you, did you ask three children to go to another classroom to write statements?

MORIAH; I asked three children to go to the classroom next door to write statements.

ZIPPO What was the reason for that?

MORIAH They were disagreeing with the boys who were accusing me and the boys who were accusing me were running over to them and threatening them, so I sent them out and told them to just write down what they were trying to say.

BAKER: Would you please write down what she said? That the boys were threatening the girls.

ZIPPO: Let me ask you this. Did you ask the girls specifically to write down on a piece of paper that you did not say anything.

MORIAH: The girls were disagreeing. The boys were threatening them. Same boys…

ZIPPO: Did you ask the girls to specifically write down on a piece of paper..

MORIAH: I told them to go write on a piece of paper what they were trying to say to me when the boys threatened them.

HEYERDAHL In other words, the girls were interrupted by threatening boys and that’s why she sent them out of the room.

MORIAH They had a right to say their opinion, and I told them to write down whatever their opinion was.

ZIPPO During that period did you say to the class that they were acting like animals?

MORIAH No, I did not.

ZIPPO That’s all the questions I have. Do you have any questions? I can give you the statements.

MORIAH I would like the statements, with the names whited out of course, because they will not be priviledged. Now or ever. I will discuss them with whomever I want to--write them wherever I want to.

ZIPPO( Copying down and repeating what I said) They are not priviledged…

MORIAH Nor will they ever be.

ZIPPO: And you will discuss them with…

MORIAH: Anyone I please—not just my representatives, as would happen if I signed a confidentiality agreement, which I will not.

ZIPPO ends meeting.

LARYNGITIS

Laryngitis

Moriah’s version of the meeting on February 12, 2009 in Principal P’s office. Clyde Baker and Thor Hyerdahl were present.

PRINCIPAL P. On February 9 we met with Mr. Hyerdahl. You did not sign a privacy agreement

MORIAH I didn’t want to sign a privacy agreement when we met with Mr. Hyerdahl, but you are going to give me copies anyway?

PRINCIPAL I whited out the names. Do you want me to read them to you?

MORIAH No, that won’t be necessary. Let me just look and see if I myself can read them.

PRINCIPAL Now I’m going to give you Mrs. Benders' statement. I want you to read what she said.

MORIAH (reading student statements) Ok just a minute.

PRINCIPAL: I’ll read what the parent said. (Reads statement) I am Sorea Benders again. My daughter is constantly telling me that Ms. Moriah does not give her credit for homework if her homework does not have a date. Also Ms. Moriah is constantly screaming at my child to the point where one of the deans had to step in to defend my daughter. According to the other students, Ms. Moriah is constantly yelling at them. She always says that students are animals. Her remarks are uncalled for.

CLYDE BAKER: That’s all hearsay.

PRINCIPAL That’s not hearsay “she’s constantly screaming at my child”.

BAKER: That’s what the child is telling her

PRINCIPAL Yes, that’s what the child is telling her. And the parent came in to make a complaint. So I have to follow up. There are procedures and protocols for all investigations that I must follow. No matter what. That’s Chancellors Regulations not school regulations telling me what I am supposed to do.

MORIAH Does that include taking me out of the classroom for a week?

PRINCIPAL Now…

MORIAH I just want to right that down…that includes taking the teacher out of the classroom for a week.

BAKER I think we’re talking about an undetermined amount of time.

MORIAH Oh, sorry, …for an undetermined amount of time.

PRINCIPAL Ok so I just want to reiterate what you said the last time we met. You said…

BAKER Are you reiterating what happened when Thor was here? Ok it would be better if Thor were present at this meeting, then.

PRINCIPAL OK you can look up his schedule and call him down.

(Clyde Baker and I go sit outside the principal's office while Thor Hyerdahl comes down. I read the students’ statements while we wait)

HYERDAHL I didn’t see the parent’s statement. (Reads it) And that was dated 1/20. So she came in with the statement?

PRINCIPAL No she came in and I asked her to write the statement. She speaks Spanish.

HYERDAHL So this is through a translator?

PRINCIPAL Yes

HYERDAHL So somebody took notes as she spoke in Spanish and then translated it into English. It was typed up and then she signed it.

PRINCIPAL That’s right

HYERDAHL So she came in with a verbal statement. Who was the translator?

PRINCIPAL Probably the parent coordinator who speaks Spanish.

BAKER Who actually typed up the statement?

HYERDAHL I’m not sure.

PRINCIPAL Did you read all the statements, Ms. Moriah?

MORIAH Yes I did.

PRINCIPAL Ok I just want to go back. She claimed that you called the children animals and that you were constantly yelling. You said that was completely false, right, that you never yelled at he children and that you weren’t aware of any children making any animal noises, “I don’t recall anybody making monkey noises” and “I did not hear this” and “I did not hear them making monkey noises” and “I never called the children animals or even said they were behaving like animals.” “This is completely false”

MORIAH That’s correct, however, the quote “I never yelled at them I don’t remember.” (reading from parent’s letter) “According to the other students, she is constantly screaming and yelling.” We did not talk about the screaming.

HYERDAHL: Do we have a record of a dean stepping into the class?

PRINCIPAL I have no record. But I do have student statements saying that Ms Moriah yelled at them and screamed at them and then they said that she said they behaved like animals.

MORIAH Last time we talked about how the children were saying that I was constantly calling them animals and my concern was that that sounds like they are going a little bit overboard because the word constantly means that I am calling them animals every day, every period that I see them. Like hello, monkeys, or hello animals, sit down, animals.

PRINCIPAL They say you say they are BEHAVING like animals.

MORIAH So I constantly say sit down you’re behaving like animals or get to work you’re behaving like animals so this is like a constant daily thing over and over and over.

PRINCIPAL So that is what the mother is saying.

MORIAH So constantly means all the time, never stopping, yelling, screaming constantly. She was saying every period, every day, I was constantly calling the children animals, but we did not cover screaming. OK, so let’s cover screaming.

BAKER How were these statements taken? Were they taken one at a time?

HYERDAHL One at a time, yes.

BAKER: Were they pulled out of the classroom?

PP Pulled out of the classroom, that’s right.

BAKER: At different times?

PP That’s right, at different times.

BAKER Who was the interviewer?

PP The interview was myself and Ms. Xavier and at one point Mr. Zippo.

BAKER So they were pulled out at different dates and different times. Are you able to furnish those dates and times.

PP We don’t have the times, but the dates are on the students statements..

MORIAH Ok, are we going to cover screaming? Yes? Ok. I’ve heard the word screaming a lot so first let me say… screaming stresses the voice….

PRINCIPAL Are you constantly yelling and screaming at the children?

MORIAH …As I was saying, screaming stresses the voice. Someone who is constantly screaming will be able to constantly scream for about one day before developing laryngitis…

PRINCIPAL …Ms. Moriah, are you constantly yelling and screaming at the children?

MORIAH: Principal P., I am not on the witness stand, and I have not been directed by a judge to answer yes or no, under oath. Therefore, I would like to finish my line of thought.

PRINCIPAL Did you scream and yell, yes or no?

MORIAH: I am answering and I am not going to answer as a yes or no statement.

PRINCIPAL Did you do it?

MORIAH Someone who is constantly screaming, Principal P, develops laryngitis within hours or days. I haven’t had laryngitis in a very, very, long time. Not since Christmas of last year. Not this last Christmas, the Christmas before.

BAKER: That’s Christmas of 2007.

MORIAH; Christmas of 2007, that’s right.

PRINCIPAL (writing) …since Christmas 07?

MORIAH That’s right. Now laryngitis isn’t always a result of screaming, but screaming will affect the vocal cords and basically, stops you from being able to talk.

PRINCIPAL So you are saying, that you have not developed laryngitis since 2007?

MORIAH Yes, that’s right.

PRINCIPAL: Therefore, what?

MORIAH: Therefore, I have not been constantly screaming. I’m not finished. Teachers and public speakers, including Mr. Baker, and Mr. Hyerdahl, develop resonant voices, which can carry over normal student noise...

BAKER: I call it the cafeteria voice

MORIAH: ... and to the back of a room or the back of an auditorium without necessity of a microphone. I use this voice when necessary as do all teachers in order for students to be able to hear. It is a public speaking voice, proceeding from the diaphragm. What the students have heard, what anybody has heard, is a very resonant public speaking voice. I never scream. It hurts my voice. It hurts my throat, and above all the voice box. Screaming is only for emergencies and that is only if somebody were mugging me or trying to kill me, for example. Or to say fire.

BAKER Screaming is used for emergency purposes only.

MORIAH: fire, help, police, security.

BAKER; Emergency purposes.

PRINCIPAL Why do you think that the children or the parents would say this?

MORIAH: I have my theories, but I do not have enough evidence to confirm them at this point, without a reasonable doubt. In order to do that, I would need one of my advocates to talk individually with the children—someone representing me.

PRINCIPAL ENDS MEETING.

Saturday, March 7, 2009

CONSTANTLY

Ok, this is what was really said on Februrary 9 in the meeting with Principal P.

PRINCIPAL P: Madelene’s mother called and said that you CONSTANTLY call the children animals. I spoke to the Madelene and she wrote a statement saying that you called her an animal. I asked her if there was anyone sitting around her who could substantiate what she said, and she said yes and gave me their names. They wrote statements saying that you constantly call them animals.

MORIAH: (repeating as I write) Madelene Benders' mother wrote a letter saying that I CONSTANTLY call the children animals. CONSTANTLY, meaning all the time? So every period, every day? Did the mother write a statement? (NO) Did the child write a statement?

PP: Would you like to see the child’s statement?

M: No, actually, I would not because I am not going to sign a confidentiality agreement.
(continues writing) OK, so, CONSTANTLY called the children animals….. So, let me get a sense of this. So I am in the classroom, and they walk in and I say, “Hello, animals”???? I mean, do I call them dogs, do I call them cows….?

M: That is what the mother is saying. The children are saying that the other day in science somebody was making noises like a monkey and you said they do not behave like people they behave like animals.

M (writing out loud)… monkey noises…So when they made monkey noises, I said that they behaved like animals?

THOR HEYERDAHL: Could I just clarify something for a moment? The mother spoke to you by telephone—would that be on January 24, 2009?

PP: She came in.

M: Ok, so Madelene's mother said that I CONSTANTLY call the children animals. So this was one time, that they said that they were making monkey noises and that I said that they were behaving like animals. Did they always make monkey noises?
They say that they CONSTANTLY make monkey noises so that I CONSTANTLY say they are behaving like animals?

PP: No she called and said that you were CONSTANTLY calling them animals. You started getting mad and yelling at them.

M: So that was one day…one day. But the mother said that I CONSTANTLY call the children animals.

I think that I understand the charges. The mother is saying that I CONSTANTLY call them animals and the children are saying that one day they were making monkey noises and that I said that they behaved like animals.

That is completely false. I never said that the children were animals or even behaved like animals. I say they are scientists, and I always call them scientists. If they are misbehaving…

PP You say that they did not say….

M. I said that I never said that they are animals or are behaving like animals. I don’t recall 7B making monkey noises at all. I don’t recall that ever happening. This is 7B right? So if they made monkey noises, I didn’t even hear them making the monkey noises.

PP So you say that you did not say that the children are animals or behave like animals.

MORIAH No, and I did not hear monkey noises coming from 7B

PRINCIPAL P ended meeting.

I Swear to God

As I said in the previous post, I received two letters on Friday, March 6. This is the second one. It was written by Roy Zippo and dated February 26, 2009

Ms. Moriah,

At 8:30 AM on Friday, February 6, 2009 AM, Silas Pajeco and Howard Mahan (students in class 7B) complained to me as follows:

During period one on that date, you were arguing with class 7B, yelling at students, and stating "I swear to God, my God, and all your Gods."

I have investigated the aforementioned complaint. My investigation included my conference with you, Mr. Clyde Baker, the Chapter Chairperson and Mr. Thor Hyerdahl, Alternate Representative in my office on Tuesday, February 24, 2009 at 1:30 PM. At the conference, I shared with you the specific allegations made against you as stated above, and shared the substance of the statements of witnesses who were interviewed. I accorded you the opportunity to respond. Your responses included the following:

"I was not stating anything to the class; I was punished in the eyes of the students and removed from the class. I was saying I swear to God that it was not true. I never said that, it was so heinous; I did not make that statement. If I had a Bible I would swear on the Bible that I did not say what those boys said I said. I was swearing to God, this was not blasphemous; I was taking an oath under God. The president swears to God when taking the Oath of Office."

Mr. Baker added, "We all swear to God each day during the Pledge of Allegiance."

I asked if you had sent students to Ms. KRAMER'S room to write statements. You responded:

"I asked you if you stated to the class they "are acting like animals?" You responded:

"No I did not."

I asked if on Wednesday, February 4, 2009, you had made any statement to the class which may have been perceived as inappropriate. You responded:

"Mr. Zippo, you well know that I cannot answer that question without reading the statements."

I offered you the copies of ten student statements. You declined to sign the required Privacy Acknowledgment of Student Witness Statements, instead stating:

"Statements are not privileged and they will never be. I will discuss them with anyone I please, not just my union representative as would be if I signed a confidentiality agreement, which I will not."

Copies of ten student statements were provided to you with identifying information obscured.

I have evaluated all the investigatory results, including your responses at our meeting Tuesday, February 24, 2009.

I concluded the following:

1. Prior to my arrival at your classroom on Friday, February 6, 2009, you failed to implement instructional activities. You did not commence a lesson, or engage the class in instruction. Instead, the permitted classroom environment permitted by the teacher allowed the class to engaged students in an argument instead of a lesson. These actions are unprofessional, and constitute an unacceptable use of instructional time.

2. During the same class period, you spoke privately with MADELENE BENDERS, stating to her that on Wednesday, February 4, 2009, you did not call her a slut. She loudly disagreed with you in front of the class. This incident resulted in other students in the class arguing with you and stating that you had indeed made derogatory statements about MADELENE on Wednesday February 4, 2009. Students reported that you stated, "Oh, like any boy hasn't been touching you," and "Well, we've had this problem before."

3. During the same class period you requested three students (DAMARAS DEMAR, DASIE MARESH, CARRIE CAFRIN) to write statements that they "did not hear what you had said," and that you "did not call MADELENE a whore." These students stated that they felt they were under pressure from you and feared retaliation if they did not comply at that time.

4. During the same class period you made repeated references to "God" stating, "I swear to God I did not say that," and "I swear to all your Gods."

5. Ms.Xavier and I arrived at your classroom at approximately 8:35 AM, in response to the complaint by SILAS PAJECOO and HOWARD MAHAN. When I arrived at your classroom, you were standing in the front of the room with your arms crossed. Many students in the class were yelling at you. The class was not engaged in instructional activity. I asked "Ms. Moriah, is everything all right?" You stated, "No, everything is not alright. I am being accused by the whole class of saying something which I did not say, and do not want to repeat." Several students started to call out and reply to your statement. I asked the students to refrain from calling out and asked if there was a lesson in progress. You stated, "No there is no lesson in progress, how can I teach when the whole class is accusing me. I cannot teach when the class is accusing."

6. On Tuesday, February 24, 2009, you refused to acknowledge in writing the Privacy Acknowledgement of Student Witness Statements corresponding to ten statements relating to the incident of February 6, 2009.

The acknowledgement specifically prohibits you from the discussion of the content of the statements with the authors of the statements, and any retaliation against the authors. You are further prohibited from disclosing the identify of the writers and the substance of the statements to any person other than your Union Representative. It is noted in the acknowledgement that violation of this directive is "strictly prohibited and may result in disciplinary action including termination of employment"

Due to your refusal to sign the Privacy Acknowledgement of Student Witness Statements, you were provided with copies of the statements with identifiable information removed.

7. Your actions and statements during period one on February 6, 2009, constituted verbal abuse which is prohibited by the Chancellor's Regulation A-421 and New York State Educational Law, and which constitutes unacceptable teacher deportment.

8. Under Chancellor's Regulations and New York State Educational Law, a teacher is prohibited from using language that tends to belittle or subject students to ridicule, cause fear or mental or physical distress. Your actions during period one on Friday, February 6, 2009 subjected students to fear and mental distress.

9. As stated in my letters of January 30, 2008, March 26, 2008, you have been repeatedly directed to maintain a wholesome environment in your classroom, and refrain from committing of any act which under the Regulations and the Law, constitutes verbal abuse. Once again, yOu have failed to follow supervisory directions and act accordingly.

10. In my letter to you dated September 12, 2008 you were directed to conduct yourself in a professional manner:

"You are required to adhere to the directives of school supervisors. Your are directed to conduct yourself in a professional manner at all times on and around school property, and while conducting business related to your profession."

Once again, you failed to follow supervisory directions and act accordingly.

11. You are hereby directed to desist from referring to, or discussing with students allegations made against you, charges pending, related statements or ongoing investigations.

12. These charges may lead to further disciplinary action including an unsatisfactory rating for the year and termination of employment.

Again I wrote next to my signature, "This letter contains false and inaccurate statements. The charges have no merit. I will submit a rebuttal letter in due course.

Behaving Like Animals

On Friday, March 6, 2009 I received two letters. I am going to copy one of them into this post with only names changed. The first letter was from Principal P. and was dated February 12, 2009.

Dear Ms. Moriah

On February 9, and February 12, 2009, I met with you and your union representatives, Thor Hyerdahl, and Clyde Baker to review an allegation against you that was made by Madelene Benders' parent and Madelene Benders. Specifically, it was alleged that you are constantly screaming at the students and saying that they behave like animals. At our meeting, I shared with you the specific allegation made against you as stated above and shared the statements of witnesses who were interviewed. In response, you said, "The allegations are completely false. I did not say that children were animals or behaved like animals. I do not recall the students making monkey noises, and I do not yell at the the students."

I asked you why you believe the students would say this. You stated, "I have had laryngitis since 2007, therefore, I have not been constantly screaming. Teachers who are public speakers have resonate voices which can carry over normal student noise to the back of the room or large rooms without a microphone. I use the voice when necessary as do all teachers in order for students to be able to hear. It is a public speaking voice proceeding from the diaphragm. What anybody has heard is a resonant public speaking voice. I never scream. It hurts my throat and a person's voice box to scream. Screaming is only for emergencies. If someone is trying to mug me, murder me, or if I call for police, fire, security. I have my theories, but I do not have evidence that would confirm them without a reasonable doubt. In order to do that, I would need one of my representatives or advocates to talk individually with the students. I would need to have someone representing me."

After reviewing the complaint against you, the complainant's statement, the witnesses' statement, and your explanation, I conclude that you did say the students were behaving like animals, and you did scream and yell, while you claim that you did not. Five students and one parent say that you made the statement that the students behave like animals and five students and one parent say that you are screaming and yelling at the class constantly and their statements are consistent, each contained the same details.

This violates Chancellor's Regulation A-421. I note that you were given a copy of Chanclellor's Regulation A-421 at our first faculty conference in September (see attached copy of your signed acknowledgment of receipt).

You are hereby advised that the above-described conduct may lead to further disciplinary actions, including an unsatisfactory rating, and disciplinary charges that could lead to the termination of your employment.

Sincerely, Principal P.

I signed the statement and wrote next to the signature: This letter contains false and inaccurate statements. The charges have no merit. My rebuttal to these charges will be submitted in due course."

I would like to say that I am not encouraging other teachers to place their disciplinary letters on the internet. I am at retirement age. I have no plans to ever teach again, run for public office, or do anything but be a writer. If Principal P. destroys my reputation, I can always publish under another name. Most people are not in my situation. There are many reasons why you would want to maintain the confidentiality that I am giving up. Don't do what I do, but please read what I say.

I kept extremely detailed notes of both meetings and the Principal has twisted my words to suit her ulterior motives.

The second letter I received on Friday is in the next post.

Wednesday, March 4, 2009

We'll Miss You!!!

On October 7, 2008 Principal P. told me that I was accused of verbal and physical abuse related to something that happened on September 11 (See posts Feb 22 Bathroom Emergencies and Feb 28 Bladder Problems” ). However, I knew trouble was coming long before that. What tipped me off? The kids, of course.

During the weeks that followed September 11, Boris of class 7H would stop by the classroom every chance he got, stick his head in the door and yell out, “We’re going to MISS you!!!!”

Then, on Sept. 24 I was absent. When I came back the following day, Samuel of 7H said to me, “I thought you’d been fired”. “Why did you think that?” I asked. “Some of the kids said you’d been fired because you wouldn’t let Domingo go to the bathroom.” He replied. “Samuel, what’s my rule about emergencies?” I asked. “That you can just leave without a pass,” He replied.

When I met with 7H that day, I told them that I had heard that they were still a little confused about my bathroom policy with regard to emergencies. I gave them paper, and asked them to write down the rule that we had discussed during the first week of school.

That’s how I got approximately twenty statements. Here are some examples:

“Ms. Moriah’s rule if you have a bathroom emergency is to get up say emergency and go.”

“You get up and go to the bathroom”

“Ms. Moriah’s rule is that you have an emergency you just leave the room cause if it is an emergency there is no time for her to right a pass. “

“Go without a pass”

“You can run to the bathroom without a pass”

“ Ms. Moriah’s rule for bathroom is if it is an emergency you run to the bathroom without a pass.”

One student wrote a little more:

“I heard a roomer about Ms. Moriah was getting fired today and yesterday and a day 911 because half of are class made a complent to Mr. B. so half of are class worte a letter to some body about Ms. Moriah about the bathroom roomers some people said Ms. Moriah suck, mean, crazy.”

Fourteen days later I got to read the "complents". Prepared as I was, they really upset me. They complained that I had refused to give passes and had ridiculed the boys while they were out of the class, saying they had bladder problems. These statements were totally false. Why would they do this? I barely knew these kids. They had no reason to dislike me. On the contrary, I had thought we had gotten off to a very good start.

Twenty-six days after the incident, I tried to figure out where they had gotten the stuff they wrote about me.

I always start the school year by saying, “If you have an emergency—just go! But don’t abuse the privilege. If you do, I’ll call your parents.

I have had that rule since my first year of teaching. We were not supposed to give passes during the first and last ten minutes of class. A girl asked to go to the bathroom when she came into my class. I told her to wait, but she couldn’t. She started back to her seat, and then vomited all over the floor. I wasn’t brought up on charges, but I felt terrible for her.

Then, many years later, a similar thing happened to a colleague of mine, Adila. She was brought up on charges because a student had an accident on the way to the bathroom. She was later sent to the rubber room. But she was much more innocent than I had been. The student couldn’t make it because the bathrooms were locked, not because she had denied him a pass. (See June 22, 2008 “Blowing the Whistle”).

In spite of what happened to Adila, administrators continued to give out the same rules about bathroom passes at the beginning of every school year. This year, I raised my hand and pointed out the dangers of following these rules, and I received a disciplinary letter for doing so. (See “Bathroom Emergencies” Feb 22).

During 8th period on September 11 three boys left the room at the same time claiming they had emergencies. They stayed out of class for a long time. I checked the section sheet and noticed that they had lunch 6th period every day, so I had reason to suspect they were testing the parameters of my rules. I decided to call their parents.

Now this was the very beginning of the school year, so I was extremely diplomatic. I introduced myself as the boy’s science teacher, and then I informed each parent that his or her son had had a bathroom emergency 8th period, and was gone for quite a long time. He wasn’t in trouble. On the contrary, he seemed like a very nice boy. I just wanted to make sure he wasn’t ill.

As I say, I knew there was going to be trouble regarding bathroom passes, but I wasn’t prepared for the statements. They were so well-organized, so consistent, and yet so false. It broke my heart. I was never able to look at those kids the same way again. As I spoke to them I couldn’t help wondering if 30 days later I would be reading some twisted version of what I was saying at that moment.

Sunday, March 1, 2009

Fill in the Blanks

It has been pointed out to me that the disciplinary letter in my last post looks a lot like a sample letter the DOE suggests for their principals in the
PRINCIPAL'S HANDBOOK. http://parentadvocates.org/nicemedia/documents/principal's%20manual2.pdf

SAMPLE CORPORAL PUNISHMENT LETTER NUMBER TWO

(Date—within 3 months of the occurrence)

(Employee Name)
(School and Position)
(Employee File No.)

Dear (employee name):

On (date of meeting) I met with you and your union representative (insert name), to review an allegation against you that was made by (insert student name). Specifically it was alleged that on date of incident you (state specific allegation, for example “on (date) you grabbed John Doe by the arm, twisted it, and ejected him from the classroom in violation of Chancellor’s Regulation A-420,” or “you called John a ‘moron’ when he asked you to explain the homework assignment in violation of Chancellor’s Regulation A-421.”)

At our meeting, I shared with you the specific allegation made against you as stated above and shared the statements of witnesses who were interviewed. In response, you stated that, (state exactly what the employee said). (NOTE: Only provide student witness statements with names of students if the employee signs the privacy acknowledgment. If the employee does not sign, then s/he may have the witness statements without the names of the students. Be careful not to disclse other documents with the names of the students I the absence of a signed privacy acknowledgement.)

(If the employee denies the allegation, ask (a) why the employee believes the witnesses would lie, and (b) if there are any witnesses who would corroborate the employee’s version of events. You should mention in this letter that you asked these questions. If the employee gives reasons why witness would lie, or answers yes to question (b), you must investigate these new facts to determine whether the witness statements remain reliable, or whether the additional witnesses alter your conclusion, before substantiating in this letter.)

After reviewing the complaint against you, the complainant’s statement, the witness(es) statements, and your explaination, I conclude that (insert your specific findings. For example: “you grabbed John Doe by the arm, twisted it, and ejected him from the classroom” or “you called John a ‘moron’ when he asked you to explain the homework assignment”) on (insert date).

(Note, if there are contradicting witness statements, then you must explain why you believed one story over the other. For example: “While you claim that you did not twist John’s arm, or eject him from the classroom, six students stated that they witnessed you do so, and their statements were consistent as each contained the same details.”)

This violated (Chancellor’s Regulation A-420 which prohibits corporal punishment and/or Chancellor’s Regulations A-420 or 421 which prohibits verbal abuse.) I note that you were given a copy of Chancellor’s Regulations A-420 or 421 at our first faculty conference in September (see attached copy of yur signed acknowledgement of receipt).

(If you substantiate corporal punishment for a tenured teacher, include the following: “You are hereby advised that the above-described conduct may lead to further disciplinary action, including an unsatisfactory rating, and disciplinary charges that could lead to the termination of your employment.”

Consult with the Administrative Trials Unit if you believe there is sufficient evidence to initiate disciplinary charges leading to the employee’s termination.)

(If you substantiate corporal punishment for probationary teacher and believe termination is warranted, please consult your LIS. Only the LIS may terminate a probationary teacher. If termination is not warranted, describe the warranted discipline (e.g. suspension without pay) and conclude with: “You are hereby advised that you are (suspendend without pay the above-described conduct may lead to further disciplinary action, including a suspension without pay, unsatisfactory rating and/or the termination of your employment.”)

(If you substantiate corporal punishment for a school aide, parent coordinator or paraprofessional, conclude with: “You are hereby suspended without pay until (insert date) OR terminated effective today.”)

(If you do not substantiate corporal punishment, but you find the employee exercised poor judgment conclude with: “Although I do not find that the above act rises to the level of corporal punishment, I conclude that you exercised poor judgment when you (state what the action was, e.g. “you said ‘you are a twit’ in front of your class.” When appropriate, include, “If you have difficulty in managing your class, please consult a supervisor who will provide you with professional development to improve your classroom management skills.”)

Sincerely,


(Name), Principal (School)

I have received a copy of this letter and understand that it will be placed in my official file.

Employee Name

Date

Attachment: Witness Statements, Privacy Acknowledgment, School Policy Manual