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Property interest in public employment

By Harvey Randall, Esq.

Property interest in public employment
Rivera v Community School District 9 [NYC], USDC SDNY, Justice Stein, 145 F. Supp. 2d 302

Anna Rivera, a probationary teacher employed by New York City's Community School District 9, was terminated for allegedly improperly attempting to raise her pupils' standardized test scores.

According to the decision, in December 1999, the New York City Special Commissioner of Investigation issued a report entitled "Cheating the Children: Educator Misconduct on Standardized Tests." The report alleged that educators in the New York City public school system used a variety of inappropriate means to raise their students' scores on standardized tests. It specifically alleged that Rivera was present while a "cheat sheet" was prepared the day before the citywide reading and math tests were to be given to all third graders in 1995.

Notwithstanding Rivera's denial of cheating, the Report stated that "interviews with Rivera's students establish that Rivera did in fact cheat on that test." Ultimately Rivera was dismissed from her position with the district. Claiming that the district violated her right to due process rights by dismissing her without holding a pre-termination hearing and violated her First Amendment rights by terminating her in retaliation for filing a notice of claim against other employees, Rivera appealed.

The court granted the Board of Education's motion to dismiss the Rivera's complaint but said that she could refile her claim provided she presented sufficient facts to establish a causal connection between her filing a notice of claim and her dismissal from her probationary teaching position.

Justice Stein ruled that:

1. Under New York State law, a probationary employee such as Rivera has no property interest in her job which would entitle her to due process rights; and

2. Although a probationary employee, Rivera does have a liberty interest in clearing her name from the stigma of accusations of dishonesty, which entitles her to due process.

As to providing Rivera with a name-clearing hearing, Justice Stein noted that Rivera was terminated because the superintendent of Community School District Nine concluded that Rivera cheated on standardized tests, pressured other teachers into cheating, and attempted to assault another teacher for refusing to cooperate in the cheating scheme. These allegations were disseminated to the public and repeated in letters to Rivera.

Rivera denied these charges. Because these accusations impugn Rivera's honesty, said Justice Stein, she has a liberty interest that is protected by the Due Process Clause. As to a remedy, the court said that Due Process Clause of the Fourteenth Amendment is not violated "so long as the state provides a meaningful postdeprivation remedy."

Was such a "postdeprivation remedy" available to Rivera? Yes, said the court. New York's Article 78 [Article 78, Civil Practice Law and Rules] proceeding has been held to provide an adequate postdeprivation remedy.

Full post as published by New York Public Personnel Law on January 29, 2008 (boomark / email).