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January 9, 2009
Assistant Principal Whistleblower States 1983 Cause of Action
Moore v. Middletown Enlarged City School Dist., ___A.D.3d___(2d Dep't. Dec. 19, 2008), is an important decision to be aware of. An Assistant Principal averred that the District retaliated against him by eliminating his position after he reported his concerns regarding the appearance of sexual misconduct between the then-Superintendent and a minor student. The court dismissed his whistleblower claim under Section 75-b of the Civil Service Law, but refused to dismiss his 1983 cause of action which does not require a Notice of Claim.
Mitchell H. Rubinstein
January 9, 2009 in Education Law | Permalink
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