A Major Victory in Challenging Arbitrary DOE Ratings

At Glass & Hogrogian LLP, (GHNY LAW) we are proud to share an important recent win for educators facing unfair treatment by the New York City Department of Education (DOE). In a decision issued by the Supreme Court of the State of New York, New York County, the court annulled a DOE administrator's unsatisfactory performance rating ("U-rating") after finding that it was arbitrary, capricious, and issued in bad faith.

The Case

The educator, a long-serving Assistant Principal with over two decades of experience and a history of satisfactory evaluations, received nine disciplinary letters and multiple negative feedback reports in a single school year. This sudden shift in treatment occurred after the educator filed a harassment complaint against a supervisor. On the very day that the complaint was withdrawn, the DOE changed the educator's annual rating from "Satisfactory" to "Unsatisfactory."

The Court’s Findings

The court carefully reviewed the record and found that:

• The DOE’s determination lacked a rational basis and was unsupported by credible evidence.

• The disciplinary letters and Chancellor’s Committee Report were conclusory, ignored the educator’s rebuttal evidence, and failed to provide legitimate reasoning for the U-rating.

• The timing of the change from a satisfactory to an unsatisfactory rating, coinciding with the withdrawal of a harassment complaint, demonstrated retaliation and bad faith.

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The court annulled the U-rating, ordered the DOE to expunge it from the educator’s record, directed that the rating be converted to "Satisfactory," and awarded compensation for lost wages and benefits.

Why This Matters

This decision reinforces what our firm has long argued: educators cannot be subjected to arbitrary discipline or retaliation disguised as performance reviews. The courts recognize that U-ratings carry serious professional and financial consequences, and they must be supported by a rational and fair process. When DOE administrators act in bad faith, courts will intervene.

Our Commitment

At Glass & Hogrogian LLP, we remain committed to fighting for the rights of educators across New York who face harassment, retaliation, or discriminatory treatment. This case is a reminder that the law provides powerful remedies for those willing to stand up against unfair practices.

If you are an educator facing retaliation or questionable disciplinary actions, know that you do not have to navigate the system alone. We are here to help. Contact us at ghnylaw.com

This post is for informational purposes only and does not constitute legal advice. Every case is unique, and outcomes will depend on the specific facts and circumstances involved.