Undue
Process Under Set Flaws
By Luis Ángel Pérez, writing4light, Friday, January 12, 2018
Merit is the worth that is referred to the
quality in a person, action, or thing. If a claim is found to have merit – the
essential fundamental nature of the claim is said to have an inherent value of
goodness & legal significance, unobscured by personal feelings, procedural
details, technicalities, and the like. Evidence shows that Federal Judges found
sufficient merit in this Public Interest Civil Rights Complaint filed against
the New York City Department of Education (NYCDOE). One Senior Federal United States Magistrate Court
Judge even ruled that the NYCDOE’s –
“… motion to dismiss, be denied,
in part …”. Surviving a
motion to dismiss indicates that the Court drew a reasonable inference that the
NYCDOE is liable for the alleged misconduct & that the case will not be
thrown out of Court but instead allowed to be presented before an Open Court
& Jury.
However, despite such recognition, after
multiple derailments by Court Officials to block such grievance from ever
entering an Open Court, Jury, & Public Record – on January 02, 2018, [for Case # 17-3111 (RAK)(COW) Perez v New York City Department of Education, (NYCDOE)], the Court
of Appeals for the Second Circuit of New York had once again, [as they ruled back in May 03, 2017 for related Case #
17-55 (RAK)(COW) Perez v New York State
United Teachers/United Federation of
Teachers, (NYSUT/UFT), Union], concluded that the complaint is – “… DISMISSED because it lacks an arguable
basis either in law or in fact.”
Would the reportedly Highest Ranking &
Highest Paid Officer of the NYC Public
School, Chancellor Carmen Fariña, [also
Former Educator, Former Principal, Former
Superintendant, Former Deputy
Chancellor], just days before the big & distracting end of the year
holiday break of December 2017, abruptly announce her resignation from such
powerful position, if she had no basis in law or in fact to do so?
And, approximately fifty-six days prior to
her resignation, would Longtime Top Brass Special
Commissioner of Investigations for the NYC Public School System, Richard J.
Condon, [also Former First Deputy Commissioner of the New York Police Department,
Former Police Commissioner, Former Commissioner of The Division of
Criminal Justice Services Under
Governor Cuomo], abruptly announce his resignation from such powerful &
high salaried position in late October of 2017, if he had no basis in law or in
fact to do so? Mr. Condon’s extensive experience in the Law Enforcement &
Criminal Justice fields puts into perspective the level of comfort displayed by
DOE Officials when they engage in abuse of power & obstruction of
investigations & justice. Why did local media, especially education
reporters, not sufficiently cover this particular & important Public
Interest resignation?
“Some see complaints … as sometimes
playing a destructive role in schools,
as teachers or principals might file
complaints as a cudgel against those with whom they disagree.”
“Even if individuals are cleared, the
investigations can drag on, leaving a cloud hovering over the institution.”
Mr. Condon According to The New York
Times, October 26, 2017
“Time’s
Up” For The DOE
It took the mindfulness & courage of a very
few of our most famous, well established, wealthy, formerly victimized white
sisters to publicly denounce harassment & inequality in the workplace in
order to really move the needle toward reform for abuse that for too long too
many in law enforcement & public office have known about but, for different
reasons, opted to ignore; in turn, further damaging souls & delaying the
successful progress of humanity. DOE TOO
is infected with & in dire need for the quelling & inoculation of such
monstrous peril but do we too require
a “separate but equal” set of elite
heroin voices in order to incite real reform & emancipation?
The current pulse to the “Me Too”& “Time’s Up” movements to
cultivate a culture shift far away from the harmful & scarring indignations
of sexual harassment & inequality in the workplace can rationally be
expected to grow faint & soon die so long as humans continue to neglect the
open discourse & proper address of such abuses of power within one of the most
critical operations to human learning & democratic values – our Education
System.
Now It Is Up To The
Supreme Court of The United States,
The Attorney General of The People of New
York,
The New York State
Union, The Mayor of New York
&/or The Department of Education To Do What Is Right For The People.
Will The Honorable
Supreme Court of Our United
States Be The Model To
The
Firmest Pillar of Good Government & Help Heal Our Humanity?
Grievance Now Submitted
To The Supreme Court As Of January 08, 2018.
* Much Love To Everyone
*
