A public school principal cannot be compelled to testify in a disciplinary proceeding before the Special Commissioner of Investigation, a unanimous Appellate Division, First Department, panel ruled Thursday. Justice Helen Freedman (See Profile) wrote in Condon v. Sabater, 401175/12, that the state’s Education Law protects Department of Education employees from having to testify in disciplinary proceedings against their will. She was joined by Justices Peter Tom (See Profile), Rolando Acosta (See Profile) and David Saxe (See Profile).
The case involves assistant principal Patricia Sabater, who was subpoenaed by the Special Commissioner of Investigation (SCI) as part of a probe into her school’s alleged failure to deal properly with a sexual harassment complaint between students. The SCI was created in 1990 to aid with investigations of educational matters, and reports to the DOE. Sabater refused to testify, citing the Education Law’s protection against testifying in DOE disciplinary proceedings.
