sleep (Photo credit: Sean MacEntee)Many special education folks heard this week about a sleeping hearing officer.This is a sad story, and here is the link to the Fox TV story.
My first reaction to the story was that it was inexcusable for the hearing officer to doze off during the hearing. Imagine how the parents felt; were they getting a fair hearing? What if you were the school district and the ho was so interested by the testimony about your school that he took a nap? This can't be good!
I spend all year extolling the virtues of the special ed hearing officer. This kinda thing does not help me in that regard.
But another part of the story bugs me as well. Is throwing bottles and books on the floor the way to go? Also at what point did the lawyer decide to take some cellphone video and contact the 6 o'clock news? And of course anything with a "gotcha" flavor resonates on the internet. Cellphones and the internet are now a big part of our lives. They are bringing us the twenty-first century, including Arab Spring and widespread distribution of knowledge. But they also get us video of cats and games featuring angry birds, not to mention instant "gotcha" moments. There may be a dark side of the force.
None of this justifies the hearing officer's snoozing during the hearing. This cannot be tolerated. But I say that the whole mess fails the whiff test. What do you think?
This is not only tolerated all the time, but it is just one of many and it is actually better than what usually happens which is: WHILE COMPLETELY AWAKE - the hired hearing officer (aka -shill) listens to testimony (making the parents believe that they actually have a shot at justice) and then manipulates case law to get to the predetermined outcome already agreed to by the administration and BOE attorneys, is what I allege. It is supported by the state's DOE both the special ed. division and the legal affairs division. This is corruption and collusion and illegal and immoral and all on the taxpayers dime.
ReplyDeleteAnon,
ReplyDeleteThanks for your comment.
JG
"Gotcha??" Actually it was the parents who took the video and pictures without the lawyers knowledge at the time. The bottles and books were not thrown..they were dropped. The TEA was contacted with the evidence shown on the link you provided asking them to recuse the HO, prior to the posting on Youtube. They responded they didn't have the power to do so even though HO's are contractors to the TEA. A Motion to Recuse the HO was filed at the TEA's prompting. Another HO heard the testimony and Ordered that he lacked the authority to recuse Craddock. It was at this point the parents went public. The news reporter contacted Craddock, he confirmed he had indeed dozed off but declined to speak further on the subject. The reporter then contacted the TEA asking for comment and Craddock resigned. Pretty simple really with no element of "Gotcha" until it was absolutely necessary.
ReplyDeleteHi Anon,
ReplyDeleteEveryone is entitled to an opinion.
I stand by mine!
JG
Dear Jim,
ReplyDeleteIf someone had crawled over Judge Craddock's privacy fence and taken pictures of him sunbathing nude that would be gotcha. Judge Craddock absolutely should have been doing his job and it is correct to have exposed him sleeping on duty. There exists no form of Divine rights of hearing officers.
Hi Anon,
ReplyDeleteYou are right that falling asleep during the hearing was inexcusable. This violates every rule that I teach hearing officers. It also denies due process to the parties as a matter of constitutional principle.
However videotaping the hearing officer and playing it on the 6 o'clock news redefines "gotcha." This is a sad commentary.
None of it excuses the sleeping, but there are several issues here.
JG
... and not one person in the room was conscientious enough to pass him a note asking if he was OK, did he need a break or a cup of coffee? -since he was struggling to stay awake. No one wanted to be helpful or have his back? It must suck to be in such a position where people are waiting for the moment to stab you in the back and put it on you tube. Good for him for making a short statement and NOT getting on the defend myself bandwagon. Everyone has bad days, nights, sudden onsets of fatigue, and moments of failure. It sure would be a wonderful world if we could support each other, especially through a difficult time-and encourage and support the success of others. Ah, but that would not be good for ratings or getting your 15 minutes of fame from dissing another. Keep it up FOX and all the world will hate each other.
ReplyDeleteThanks Anon,
ReplyDeleteMy position remains that a hearing officer falling asleep during a hearing is inexcusable. I also contend that making a video of the sleeping and putting it on television is also inexcusable.
JG
Thanks Anon,
ReplyDeleteThe hearing officer falling asleep was inexcusable.
So was making a video and sending it to the tv station!
JG
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