TEACHER DISMISSED FOR POTTY MOUTH

In Lackow v. Department of Education of the City of New York, Douglas Lackow challenged the New York City Department of Education's (DOE) attempts to terminate his employment.

The DOE investigated Lackow, a tenured biology teacher, after he reportedly talked about the frequency of his ejaculations, told a student "I don't want to hear stories of you with your legs up in the air," and discussed necrophilia.

After an investigation revealed other instances of reported misconduct, he was reassigned to a school in Staten Island. Disciplinary charges were later filed, a compulsory arbitration hearing held and Lackow was eventually discharged.

When he filed suit contesting the outcome, the New York County Supreme Court remanded the matter to a hearing officer to reconsider the penalty, which was "so disproportionate" it "shock[ed] the court's sense of fairness and constitute[d] an abuse of discretion."

On appeal, the Appellate Division, First Department, reinstated the discharge since it wasn't appropriate for Lackow to dispense "advice on teenage sexuality" in biology class, and viewed his choice of language "inexcusable."

Although he had been warned of his conduct's impropriety, Lackow continued to demonstrate "an inability to understand the necessary separation between a teacher and his students."

Should someone have bit his tongue?

To download a copy of the Appellate Division's decision, please use this link: Lackow v. Department of Education of the City of New York