From Henry Stern:

Does Teach Have to Score?

Saturday's News editorial, "Wrong chemistry lesson" (scroll down to second editorial), is in sync with our article subhead Tuesday, "What Does it Take to Get a Teacher Fired?" The next question should be: what does it take to get an arbitrator fired?

Under the collective bargaining agreement with the United Federation of Teachers, decisions on dismissal of teachers go to third-party arbitration. Since the Solomonic procedure of arbitrators is to cut the baby in half, the most common result of these proceedings is some penalty short of dismissal. This does not solve the problem of an incompetent or immoral teacher or administrator in the school system - it just pushes it off to someone else.

In addition, the union carefully monitors the performance of arbitrators. If they decide once too often for the Department of Education, the union can see to it that they do not get any more cases to arbitrate. Since they are paid to do this work, no cases mean no income. Some of these men and women need the money.

Most of them want it. So they are careful to see that they don't get on the union's bad side. Meanwhile, chancellors rotate in and out of office every two years. In the last generation, I have seen a dozen come and go. Some of them were eager to curry favor with the union while they were in office so they can receive plaques,dinners, speaking invitations at conferences in nice places,, favorable press mention and all the goodies that come with going along with the real power structure. These people talk the talk of reform, but they walk the walk of complicity.

Wrong chemistry lesson
Daily News, September 25, 2004

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A Manhattan school teacher sends sexually explicit E-mails to a 16-year-old girl, asks her to sleep with him and phones her repeatedly at home. So, what happens? He spends five years doing nothing but fighting the city's efforts to fire him - while happily collecting a $70,000 annual salary. That's $350,000 for sitting on his rump.

Which speaks volumes about the hidebound disciplinary system in which the city's teachers are cosseted. But the story gets much worse. Officials had the goods on Cary Hershkowitz, a chemistry teacher at Health Professions and Human Services High School on the lower East Side. This was no "he said, she said." For the stellar Hershkowitz confessed in writing to acting out his sexual fixation for the underage girl.

And yet an arbitrator, the even more stellar Robert Simmelkjaer, ruled that grossly putting the moves on a student is not an automatic firing offense for New York City teachers as long as they don't actually score. One doubts that Simmelkjaer has children of his own.

Based on Hershkowitz's 25 years of teaching and his promise to keep his lusts to himself, Simmelkjaer decided that a one-year suspension without pay would be punishment enough. After that, according to Simmelkjaer, it's perfectly appropriate for Hershkowitz to return to the classroom. The parents of his female students would surely disagree.

What Does it Take to Get a Teacher Fired?

"PERVERT CAN TEACH AGAIN" is the Post headline, and that sums up David Andreatta's story on p4. His report of an arbitrator's ruling indicates the grievous problems the school system has in dealing with serious teacher misconduct. The 'teacher,' Cary Hershkowitz, 52, had been suspended with pay for five years.

You have to read the Post story to get the details of his misconduct, and to learn about the unbelievable system under which he was sent back to the classroom rather than a prison cell, where other inmates could have protected themselves from his sexual desires. The arbitrator, Robert Simmelkjaer, first threw the case out entirely because there was no evidence the teacher was offered a union rep, although securing one is the responsibility of the teacher and the union. When that decision was thrown out by the State Supreme Court, the case was returned to the same arbitrator, who administered the wrist slap of a year's suspension without pay (during which time he can work elsewhere and possibly earn more).

Chancellor Joel Klein said yesterday that, despite the ruling, Mr. Hershkowitz will not return to the classroom under any circumstances. From the Post story: "Hershkowitz could not be reached at his Rockland County home. His mother, who answered the phone, declined to comment." I feel sorry for her, but I feel greater sorrow for the schoolgirl he tormented and her family.


Pervert Can Teach Again
By David Andreatta, NY POST, September 23, 2004

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A Manhattan high-school teacher, suspended after admitting he sent sexually explicit e-mails to a 16-year-old female student, can return to the classroom next year, an arbitrator has ruled.

Cary Hershkowitz, 52, can keep his $70,000-a-year job as a chemistry teacher at Health Professions and Human Services HS, even though he asked the girl if she "would want to have sex; both with others and me," according to a recent decision obtained by the Post.

The ruling, five years in the making, was made on the grounds that Hershkowitz was never offered union representation when investigators questioned him -- a claim the city Department of Education denies.

Schools Chancellor Joel Klein said he would not allow Hershkowitz to return to the classroom.

"This is yet another glaring example of how dysfunctional the current process for terminating employees is," Klein said. "Is there anyone in our city who would want this teacher back in the schools with children?"

Hershkowitz has been suspended with pay from the Lower East Side school since May 1999, when his arbitration hearing began. Under the latest decision, he is suspended without pay until he returns next year.

"Considering the severity of [his] offense ... and the mitigating factor of his 25 years in service," hearing officer Robert Simmelkjaer wrote, "a one-year suspension without pay is the appropriate penalty."

Simmelkjaer threw out the case against Hershkovitz altogether in 2000 because there was no evidence the teacher was offered a union rep. A state Supreme Court judge overturned that decision.

In a handwritten confession Hershkowitz made in June 1998, he admitted asking the girl for sex, questioning whether "she ever did it," and whether she "explored her own body."

He also admitted discussing oral sex in the messages.

Many of the Internet messages took place between January and June 1998. The girl used the alias "CUTEE 101," while Hershkowitz went under "IB4UALONE," according to court documents.

School officials learned of the illicit relationship from the girl's mother, who complained that Hershkowitz had called their house. He admitted to making the calls, saying he wanted "to be reminded of [the girl's] voice" and save time on the computer.

Hershkowitz could not be reached at his Rockland County home. His mother, who answered the phone, declined to comment.

In his confession, Hershkowitz said, "This is an isolated case which spiraled out of control and I always had the plan never to ... hurt anyone."

No one from the United Federation of Teachers returned phone calls, but union president Randi Weingarten has said she favors reforming the disciplinary process in certain circumstances.

© 2004, NYP Holdings, Inc.