Legal Question in Education Law in New York
employment
Several month ago, I filed a complaint against my employer, Department of Education, for discrimination and retaliation based upon their false allegations of corporal punishment and verbal abuse and adverse actions related to the allegations. However, recently I got into an argument with a student in my class, and said something in heated moment which can be construed as verbal abuse. I like to know that if it is indeed proved to be my wrongdoing in this incident, will it weaken my previously filed complaint to NY State aency?
2 Answers from Attorneys
Re: employment
Well, such a finding could "weaken" your previously filed case, I would say. For one thing, under established evidentiary rules, courts have admitted evidence of other similar bad acts, as rebuttal to the witness's testimony or impeachment of his credibility, and to show that the present act probably was not an accident. There are restrictions on the use of this sort of evidence. But you've filed an agency-level complaint, so even those restrictions, like most evidentiary limitations, may be somewhat (or even quite a bit) relaxed.
Re: employment
It isn't going to help. I would strongly suggest you see someone who specializes in anger management.
Good Luck.
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