Innocent Teacher Terminated

Social Justice Teacher Terminated Based on Mistake and Placed on DNH
By Jim Vail

Ja-Chi Wang running a marathon. 

The drug war in this country is finally being recognized as a complete failure. 

Our state has now taken measures to minimize this disaster by legalizing marijuana and the Chicago Public Schools (CPS) followed suit by changing the Student Code of Conduct so that students are no longer expelled from school if found with drugs. 

However, what about the teachers who were punished for not properly reprimanding students caught with drugs? 

Take Ja-Chi Wangś case. The mathematics teacher at Social Justice High School sent an email to Second City Teachers to discuss his case that he called ¨a miscarriage of justice.¨

¨In the beginning of last October, one boy was smoking in my class. I smelled the odor and see a boy had a lighter in his hand. I asked him to give it to me, and the teacher aid came in at the same time. He was taken out by the teacher aid. I thought the main office would be in charge of this incident, so I did not make any report to the administration. Few days later, I was removed to Network 7 for an investigation until CPS told me to go back to work this Jan. 3.¨

The CPS investigators concluded after an investigatory conference on Nov. 1, 2018 that he engaged in ¨negligent supervision of students in that students were smoking marijuana or reeked of marijuana in your classroom and you failed to take action." They said he failed to notify the office and security about the incident. He was then issued a Step 2 Performance Improvement Plan. CPS gave him two warnings for the first incident.

When he returned in January, a math specialist from the STEM Dept. observed his class almost once a week until the end of April, but nobody asked him to do any improvement plan, and nobody checked or monitored the plan, he said. 

"The 2^nd  incident happened in my 4^th period class with 4 students who had IEP (Individual Education Plan)," he wrote in an email to Second City Teachers. "The target girl with an IEP used a vape pen to smoke and another girl recorded it and uploaded to Snapchat when I went to rear to support other students (she faced to front). I saw the smoke popped out when I turned around. I went to my desk and sent text to the main office request for help. Nobody came in before the end of that class.

"After the class, I reported to the assistant principal who showed me the video from his cell phone. He said it happened in my class. I asked him whether I need to write a report. He said I did not need to do so. He would handle it. It was Wednesday, March 13.

"On March 18, my 1^st period class co-teacher asked me whether I reported the incident. I told her I reported to the assistant principal already. She said it was not enough – I should report to the school principal in both oral and writing (email is preferred). I headed to the principal’s room when I had a break. Principal told me the assistant and he had reported it on March 15 (Friday). He told me it was okay, but remember to use intercom next time."

But CPS investigated and concluded that Wang failed to report the incident. The CPS law dept. stated: "The school clerk alerted the assistant principal that Wang had sent her a text message requesting assistance of the dean. However, during the incident, Mr. Wang failed to notify security, an administrator or to utilize the school intercom system to notify the main office and to request assistance." 

They then placed him on a Do Not Hire list after this third warning.

"I used text to notify the main office due to the reason of concern about the student's safety was very emotional," he said. "She was involved in group fighting at the entrance of the building after school just a few weeks before my 2nd incident."

Wang was a TAT or Temporary Assigned Teacher who did not have the full rights of a tenured teacher. The Chicago Teachers Union (CTU) contract allows for due process for tenured teachers, where the union can ask for arbitration which is more neutral. The arbitration judges are picked equally between CPS and CTU.

Wang can appeal his DNH status, but the union said he should wait a year after he found new employment and explain in the appeal that he corrected his offense. His appeal would be to the same committee who fired him.

In many cases people find it easier to make a plea bargain, where they admit to offenses they perhaps didn't commit just so the prosecutor gets what they want, and the defendant gets off with a lighter sentence.

In one email from his union field rep who recommended that Wang wait a year before appealing his DNH, it stated that they were not familiar with his case. "Mr. Wang, I am unaware of what you would be appealing, since I have not been informed of what happened to you." Interestingly enough, it was the same field rep who represented him during both hearings. 

The CTU spokesperson Chris Geovanis did not respond to Second City Teachers request for comment on this case.

I liken the union in many ways to public defenders, who are overwhelmed at times with too many cases, especially now as CPS instructs its principals to forward any student complaints immediately to the law department. I've heard the problem now is there are not enough CPS lawyers to handle all the cases today and teachers who were suspended from the classroom and supposed to be reporting to the network office are instead waiting at home. In other words, the rubber room for wayward teachers being investigated is full. Build more jails!

In the spirit of the times, CPS should take another look at this case and let Wang back in. As a mathematics teacher from Taiwan, he brings strong experience to the classroom. And rather than be put on a do not hire list, he in fact did the right thing in this case by erring on behalf of the student. 

If CPS is serious about viewing drug users in its classrooms in a more restorative and treatment focused way, that should include the teachers!

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