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SALAMINO v. BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK

3649, 109166/08.

85 A.D.3d 617 (2011)

926 N.Y.S.2d 461

2011 NY Slip Op 5408

GINA SALAMINO, Appellant, v. BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 23, 2011.

The arbitrator determined that petitioner, a tenured teacher, had engaged in sexual misconduct with a "student" within the meaning of the disciplinary provisions in article 21(G)(6) of the parties' collective bargaining agreement (CBA). As the relevant provisions of CBA art 21(G)(6) do not define the term "student," the arbitrator was required to give meaning to this term. The arbitrator relied on one of the Chancellor's Regulations determining that a "student" is an individual...

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