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Frequently Asked Questions

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A list of the most commonly asked questions.

My Principal asked what happened when I had an interview with an investigator. Do I have to tell the Principal?

No! The investigation is confidential. The Principal is not permitted to interfere with the investigation. If this occurs, members should notify the UFT representative who accompanied you on the interview who will then notify the investigator.

How long can the investigation process take?

Investigations can be rather lengthy. The internal agencies within the DOE may take as long as 6 months. SCI, the external agency, can take as long as a year. If an investigation goes beyond these time frames, members should discuss with their Chapter Leader the viability in filing a grievance.

What happens if allegations against me are substantiated?

For Probationary Pedagogues and all other administrative titles (including Paraprofessionals), the agencies will make a recommendation to the Principal (or other supervisor for non-school based members) about potential discipline.

For Tenured Pedagogues, the report of allegations will be referred to the Administrative Trials Unit which will convene a Technical Assistance Conference (TAC) to make a formal recommendation to the principal whether formal charges (3020a) should be filed against the member. They also may recommend lesser discipline like a letter to the file.

Is an investigation report placed in my school personnel file?

Only material signed by members may be placed in your file. If you receive a letter to your file about the alleged misconduct, then the report, if referred to in the letter, will appear in the file as attachment to the letter.

I have been cleared of an allegation. Will the allegation appear in my personnel file?

No. Unsubstantiated allegations should not appear in a member's file. Members should review their file at regular intervals. If there is material in the file that should not be included, members should contact their Chapter Leader immediately for further action.

If I am the person who made an original allegation, or I was interviewed as a witness, will my name be disclosed?

Yes! If allegations are substantiated, an employee has a right to read the report. All adults who were interviewed will have their names disclosed.

I have been named as a third party or a potential witness in an investigation. Must I appear for an interview?

Yes! When called by the Department of Education, all third party and potential witnesses must appear and be cooperative. Remember that all DOE employees are mandated reporters. Members should have a discussion with the UFT Staff Representative handling the investigation to discuss any additional rights they may have.

I received a letter to report to the Reassignment Staffing Office at 100 Gold Street in Manhattan. Do I need to report? Do I need a UFT Representative?

Employees must report to 100 Gold Street when summoned. You are being re-assigned to an administrative location pending the outcome of an investigation, arrest, or 3020a Charges. There is no need for representation at this office. You will not be questioned about the underlying reason for the re-assignment.

I was arrested. Do I need to report the arrest to the Department of Education?

Yes! All arrests, regardless of the issue involved, the location of the arrest, or when it took place MUST be immediately reported in writing to the Office of Personnel Investigations and your principal. The best way is by writing an email to OPIarrestnotification [at] schools [dot] nyc [dot] gov (OPIarrestnotification[at]schools[dot]nyc[dot]gov) and cc your principal.

Does the UFT provide an attorney if I am arrested?

If a member was arrested at school or for a school related issue, the UFT will provide a criminal defense attorney up to and including arraignment.