NEW YORK, NY April 22, 2005 —The city has won its fight to remove a teacher who was found guilty of sexual misconduct in 1998. The victory comes as Mayor Bloomberg says the recent cases involving teachers charged with sexual misconduct with their students demonstrate the need for new disciplinary rules.
Cary Hershkowitz signed a confession saying he sent sexually explicit emails propositioning a student at Health Profession and Human Services High School in Manhattan. The chemistry teacher was removed from the classroom while the city tried to discipline him.
Last year, an arbiter suspended him for one year without pay. The education department appealed that decision and this week a state judge found the arbiter's penalty, quote totally irrational.
Justice Rolando Acosta questioned the arbiter's justification that the teacher and student didn't have any physical contact. He called the teacher every parent's worst nightmare. The case now goes to another hearing officer.
An attorney for the education department said it illustrates a dysfunctional disciplinary process.
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