Appealing an Education Law Section 3020-a arbitration award
Appealing an Education Law Section 3020-a arbitration award
Matter of Tarasow v NYC Dept. of Educ., 2008 NY Slip Op 52066(U), Decided on October 6, 2008, Supreme Court, New York County, Feinman, J., [This opinion will not be published in the printed the Official Reports.]
Helen Tarasow, a tenured a guidance counselor employed by the New York City Department [DOE], was ordered removed from her school and subsequently disciplinary charges were filed against her alleging [1] that Tarasow failed to notify school authorities and parents of a12-year-old student counseled by her that the student exhibited “intentionally made scratches or cut marks on her wrists,” and [2] Tarasow failed to keep proper files and records for each assigned student, or to properly monitor and document students' progress and results of guidance interventions. A hearing on the charges pursuant to Education Law § 3020-a was held and the arbitrator concluded that:
1. DOE had proved the first specification, noting among other things, that a self-inflicted series of "cuts," "would certainly raise grave suspicion as to the mental state of the person," and that Tarasow should have reported her suspicion rather than allowing the child to go home alone; and
2. Although Tarasow has had "some training in psychotherapeutic counseling," she wrongly usurped the role of a psychiatrist or psychologist instead of reporting the self-inflicted cuttings, and that it was irrelevant that the psychiatric evaluation found the student not to be suicidal given his finding that Tarasow lacked the authority and was not empowered to make a determination about the student's mental status.
3. Tarasow proved that her files were likely discarded.
The Arbitrator concluded that "is no doubt [Tarasow] is a caring, dedicated Guidance Counselor," that her actions "were...
