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.
Showing posts with label Chancellor's Regulation A-421. Show all posts
Showing posts with label Chancellor's Regulation A-421. Show all posts
Sunday, March 8, 2009
Saturday, March 7, 2009
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.
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.
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.
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