Teacher paid to accept firing

Quantum Windbag

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May 9, 2010
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Remember that teacher who tied up the kids and did other things I, personally, do not want to talk about? It seems that the school district could not defend firing him because any investigation they conducted might have actually interfered with the criminal investigation that LAPD was conducting. That, for the more ignorant posters here, is a proper application of due process to this situation. Due process does not apply to employment contracts, it applies to criminal law.

Unfortunately, the rules that got set up that are supposed to protect teachers from all the bad things that never happen end up being set in stone due to union contracts that allow a man who forced kids to drink his semen to successfully challenge being fired by a school district whose first priority should be to educate the children.

Just think, if this guy did not accept the settlement he would still have a job. Is that really the system you want to use to deal with public servants that need to be fired?

The former third-grade teacher charged with committing lewd acts on students was paid $40,000 to drop an appeal of his firing, a newspaper reported Friday. The Los Angeles Unified School District settled with Mark Berndt because it couldn't defend his February 2011 firing, district general counsel David Holmquist told the Los Angeles Times.
Berndt was removed from the classroom in January 2011 and dismissed as the Los Angeles County Sheriff's Department was investigating him. He appealed but resigned in June after the district agreed to pay him four months of back salary and reimburse his health benefit costs.
"We were told we could not do any investigation" to avoid interfering with the criminal probe, Holmquist said. "We didn't have any evidence and we couldn't put on any witnesses. We didn't have anything to successfully defend a challenge."

Teacher In Los Angeles Molest Case Reportedly Paid $40G To Drop Appeal Of Firing | Fox News
 
It is not uncommon to give a severance package to fired employees regardless of guilt or innocence.

I never would have allowed my children to sit in a classroom with an accused child molester (pictures included) awaiting trial despite his current status of innocence.

TM, you said, "Innocent until proven guilty " (and I agree with that statement), would you allow your minor children to be alone with the innocent man?
 
Remember that teacher who tied up the kids and did other things I, personally, do not want to talk about? It seems that the school district could not defend firing him because any investigation they conducted might have actually interfered with the criminal investigation that LAPD was conducting. That, for the more ignorant posters here, is a proper application of due process to this situation. Due process does not apply to employment contracts, it applies to criminal law.

Not defending the scumbag in the article, but a technical correction...

Actually, Due Process can apply to employment contracts, especially when that process is defined under the laws of the State. For example, in Virginia the Code of Virginia (Title 22.1 Education) provides for specific grievance procedures for those under education contracts, investigatory requirements, legal counsel representation, and appeal. Failure by a school system to follow the Due Process outlined in the State code means that the School Division could be responsible for lost salary for non-compliance.

Depends on the grievance procedures written into State code as to what the Due Process procedures are.


LIS > Code of Virginia


>>>>
 
They can be fired whenever the district wants to fire them.

The teachers can also file suit for wrongful termination like any human being in the US.

The schools are jsut being smart and trying to save money for the schools by doing it the least costful way.
 

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