Charges Against Assistant Principal Found "Frivolous"

ALBANY, NY (03/25/2011)(readMedia)-- A State Education Department appointed hearing officer dismissed all misconduct charges filed against Teresa Usack by the Elimira City School District, finding the charges "not about negligence or incompetence ... but rather all about a school board's knowing misuse of its ... disciplinary powers by bringing frivolous charges ... in furtherance of a political agenda." The charges consisted of allegations of conduct unbecoming a teacher and misconduct, neglect of duty, and incompetent or inefficient service.

Ms. Usack was defended by SAANYS General Counsel Arthur P. Sheuermann and Deputy General Counsel Robert T. Fullem. During the six day hearing the former district superintendent testified on behalf of Ms. Usack, establishing that "the board members were determined to lodge ... charges against Ms. Usack ... irrespective of whether the evidence supported such charges."

The district presented four witnesses in support of the charges, the testimony of two of which, the hearing officer found, "contradict ... the district's allegations." Its two other witnesses, the hearing officer wrote, exhibited "significant relevancy and credibility defects." Specifically, the hearing officer wrote that the testimony of district witness Ginger Woolover was "fatally undermined primarily by her long-standing admitted animus against Ms. Usack and her personal motivation to have Usack removed from the District."

Finding the charges frivolous, the hearing officer then santioned the district by invoking a little-used section of the 3020-a process to order the district to reimburse both the State Education Department and Ms. Usack for eligible legal fees and expenses.

Ms. Usack had been part of an administrative team charged with improving student performance at some of the district's lowest performing schools. As a result, she received early tenure, a merit pay increase and consistently positive performance evaluations. But in the implementation of the academic corrective action plan, Ms. Usack and the rest of the team met what the hearing officer described as "predictable resistance from affected ... teachers and parents" that apparently eventually led to pressure from the district's board to file the frivolous disciplinary charges based on a student incident that occurred during a school trip.

The charges were filed against the recommendations of the superintendent and were inconsistent with the internal investigation of the incident conducted by the school district's attorney.

The School Administrators Association of New York State (SAANYS) represents over 7,000 school administrators, supervisors, and coordinators. As a professional association, SAANYS is committed to providing direction, service, and support to its members in their efforts to improve the quality of education and leadership in New York State schools. SAANYS is the state affiliate to both the National Association of Elementary School Principals (NAESP) and the National Association of Secondary School Principals (NASSP).

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