Paraprofessionals gained several new protections as a result of the UFT’s union-initiated grievance that challenged the unfairness of automatic suspensions for paraprofessionals who have been arrested.

Under a new Department of Education policy issued on March 22 to resolve that grievance, paraprofessionals who have been arrested, whether on the job or on their own time, will now have a new review procedure to determine if a suspension without pay is warranted. They also will have a new process to speed up the time it takes to receive back pay and sick days when a suspended paraprofessional is exonerated.

“For many years, we have fought to improve the process for those few paras who have been arrested,” said Paraprofessionals Chapter Leader Shelvy Young-Abrams. “We have been working very hard with UFT President Michael Mulgrew and the union’s Grievance Department to find a way to help those members who get stuck trying to recover money owed to them when they are exonerated.”

Ellen Gallin-Procida, the director of the UFT Grievance Department, said the new policy represents a big step in terms of protecting paraprofessionals who are arrested. “This process should result in fewer suspensions and less time for paras who are exonerated to be made whole,” she said.

Going forward, the principal will give an arrested paraprofessional a letter telling him or her to report to the DOE’s Office of Personnel Investigations within two work days. That office will review the specific circumstances and determine if the para is to be suspended without pay. Factors that will be considered in determining whether or not to suspend include the nature of the charges and the employee’s record. (For the most serious allegations, the DOE may suspend the paraprofessional immediately, but the case must still be reviewed within two days.)

Those paraprofessionals who are suspended without pay will have a faster process to seek redress if they are ultimately exonerated. Paraprofessionals will have three days from the date of exoneration to bring the disposition of the charges and an affidavit form to the DOE.

If the para was suspended for five months or less and the charges are dismissed or withdrawn, the DOE will have 30 days to review the paperwork and decide whether or not disciplinary action “is necessary.” If not, the DOE will clear the para’s record and provide full back pay, minus any unemployment compensation or other income during the suspension. If there is any disagreement regarding the DOE’s compensation, the union has the right to take the matter to an expedited arbitration.

Paras who are exonerated after serving a suspension of more than five months will still have their cases reviewed by the DOE, but any unresolved issues regarding back pay would go through the regular grievance procedure.

In the past, paraprofessionals who were arrested and later exonerated had to file a grievance to get back pay and have their record cleared. The process could drag on for months.