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Terminated after 15 years of services due to an accident

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#1 reachingout4help


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Posted 26 December 2012 - 04:15 AM

I am a Paraprofessional/High School Swim/Advocate for High School At-Risk African America Females. I have been employed for 15 years with the School District. I am a team player, hard worker, and love what I do. During my tenure I have been looked over for job promotions and used year after year for my personal talents but still managed to report to work and give a 100% and more with a joyful heart.

On October 11, 2012, I was preparing to change a special needs students in which the teacher of record instructed me to along with other students while the other worker was allowed to sit and eat her late lunch while I worked. The female student had bee sick and was experiencing multiple seizures for the past 2 weeks. She also have very strong muscle spasms in which her legs jumps constantly. On this particular day she was having her normal muscle spasms but also began to have a seizure while on the changing table. She fell forward off the changing table which was approximately 3 ft from the floor. She bumped her forehead which caused a knot to raise just above her right eye brawl. I immediately called for the teacher of record whom is a male, he helped me pick her off the floor in the changing room and placed her in her wheelchair, I told him he needed to call the nurse but he shouted that he was going to call her mother, I repeated for him to call the school nurse but the teacher of record insisted on calling the student's mother versus calling for medical attention. I applied ice to the student's forehead and noticed that the teacher if record was still on the phone with the student's mother which I immediately went to the room next door which is an adjoining classroom and called the school nurse to come down quickly in which she did. She took over and talked the student's condition out loud but the teacher of record never inquire if the student would be okay but did state that her mother was on her way up to the school. The mother came to school about 15 to 20 mins later and called 911 after she looked at the knot on her daughter's forehead. I continued to change and prepared the rest of the students to go home which the changing starts at 2:30 pm and all the student have to be upstairs to catch their bus by 3:45 to 4:00 pm daily.
I gave my report to my administrator and the campus officer. The following week Tuesday, October 15th I was removed from that classroom to a regular classroom and on October 16th I was sent home on administrative leave with pay until the investigation was completed about the incident that occurred. I was terminated on December 14, 2012 due to the incident. Child Protective Services ruled the incident out but the school district terminated me anyway. I also received a letter stating that they would be reporting this incident to SBEC which will affect my teachers' certification where I can never teach in the State of Texas again.

Please tell me what are my changes are to clear my name from these allegations where my entire teaching career won't go down the drain. I just completed my student teaching in the same classroom with the same student(s), and with the same school district May 2, 2012 ans received my Masters Degree in Special Education Cross Categorical from Grand Canyon University with a GPA 3.98 and I am currently working on my Doctoral of Studies in Education Leadership at GCU as well. Please help me in this situation, I do not deserve to be thrown to the wolves. I gave 100% in that classroom and dedicated myself to the students and in this field of study.
Dallas, Texas.

#2 Tax_Counsel


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Posted 26 December 2012 - 08:00 AM

The bottom line is that the district may fire you because of the student injury while the student was under your supervision unless there is a union contract with the school that would prohibit it. While government employers are not quite as free to fire employees for just any reason like private employers, they certainly may fire you because they believe that you did not handle this situation properly. You are assuming that the report will cause a problem with your teacher’s certification, but it may not. The state may take a different view of the incident than did the district. In any event, so long as the district does not defame you, I see no claim against the district for reporting this. Indeed, the district might have an obligation to report when a student is injured.

Consult a local employment law attorney to go over the exact details to see if you have anything to pursue here. I don’t see it, but perhaps after reviewing everything the attorney will find so claim you can make. Many attorneys will give you a free initial consultation, so all it is likely to cost you is a little time.

#3 Guest_FindLaw_Amir_*

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Posted 26 December 2012 - 08:18 AM

I agree with the previous poster, you may wish to consult with a local Dallas, Texas Employment Lawyer to advise you of a possible claim. Many do offer a free consultation.

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