On June 24, 2010, Josh Van Kampen prevailed in a case manager hearing on behalf of a probationary teacher who was wrongfully terminated by Charlotte Mecklenburg Schools (CMS).  Superintendent Peter Gorman initially recommended that the teacher be terminated for allegedly using excessive force in restraining a disruptive middle school student.  The teacher contended that the student aggressively came at her and that she merely acted in self defense.  After a three day hearing, the Case Manager ruled that the teacher acted appropriately and ordered her reinstated with back pay.   The CMS Employee Relations Department’s investigation into the incident was shown to flawed in several respects, including its failure to obtain a written statement from the alleged victim, its failure to take a photograph of the alleged injury and unexplained delays in interviewing several witnesses.   It was also shown at the hearing that the student had a lengthy history of disruptive behavior, including challenging another teacher to a fight, which the Employee Relations’ Department failed to consider.   There were also troubling inconsistencies in the accounts of the school administrators, who disagreed on when the alleged injury was detected and even where on the student’s head the injury was located.

Josh has served as counsel for the North Carolina Educators Association (NCAE) since the beginning of 2010.

Categories: Judicial Decisions, Results Tags: Case Manager Hearing, Charlotte Mecklenburg Schools, Joshua Van Kampen, Labor and Employment, North Carolina Educators Association, Probationary Dismissal, Results, Teachers