A PUBLIC schoolteacher whines in a
new lawsuit that she was unfairly fired from her job for bedding her
12-year-old student — even though DNA, videotape, text and financial
records pin her to the dirty deed.
Claudia Tillery, from Brooklyn US, spent her 15-year career at the
Stephen Decatur Middle School, and wants back in the classroom because a
jury cleared her of criminal charges.
But a Department of
Education (DOE) hearing officer found in April that a “preponderance of
the credible record evidence” proves that Tillery raped the youngster —
then painted him as a “master manipulator” to duck a criminal
conviction.
In departmental hearings, the standard of proof is
lower than the “beyond a reasonable doubt” standard required for a
criminal conviction. Tillery was arrested in 2011 and acquitted in 2014.
The
mother-of-two argues in her Manhattan Supreme Court suit against the
DOE that she was deprived of due process because the hearing officer
used sealed evidence from her criminal case and didn’t give proper
credit to her own witnesses.
The suit doesn’t mention that Tillery’s witnesses were her own children and her homeless, schizophrenic baby daddy.
In
her decision, DOE officer Haydee Rosario notes that a DNA test revealed
both the student’s and the teacher’s saliva were on the teacher’s
comforter cover.
Rosario also says the student recorded a video
that shows his teacher putting her pants on in a motel room. Tillery and
her young charge exchanged 8000 text messages over two years using
pseudonyms. In one message the teacher texted, “What’s up babe?”
Finally
Tillery’s own credit-card records put her at the Motor Inn on seven
occasions. Rosario didn’t buy the teacher’s claim that she simply took
the student to the motel to “get him off the street” when he called her
“upset and scared”.
Given all of the evidence, Rosario says Tillery’s termination is “the only appropriate penalty”.
In
court papers, Tillery calls the hearing officer biased for allowing an
assistant district attorney to testify that Tillery had admitted to
taking the student to her Crown Heights apartment, giving him $500 and
buying him a phone.
But the officer sided with the DOE, which
scoffed at Tillery’s claims that a 12-year-old “concocted a grand
conspiracy and coerced her, a middle-school teacher, to ignore sound
judgment and to put him into a fleabag motel and give him hundreds of
dollars”.
This article originally appeared on the NY Post.
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