New York Post
September 23, 2004
Pervert Can Teach Again
By David Andreatta
A
Manhattan high-school teacher, suspended after admitting he sent sexually
explicit e-mails to a 16-year-old female student, can return to the classroom
next year, an arbitrator has ruled.
Cary Hershkowitz, 52, can keep his $70,000-a-year job as a chemistry teacher
at Health Professions and Human Services HS, even though he asked the girl
if she "would want to have sex; both with others and me," according to a
recent decision obtained by the Post.
The ruling, five years in the making, was made on the grounds that Hershkowitz
was never offered union representation when investigators questioned him
-- a claim the city Department of Education denies.
Schools Chancellor Joel Klein said he would not allow Hershkowitz to return to the classroom.
"This is yet another glaring example of how dysfunctional the current process
for terminating employees is," Klein said. "Is there anyone in our city who
would want this teacher back in the schools with children?"
Hershkowitz has been suspended with pay from the Lower East Side school since
May 1999, when his arbitration hearing began. Under the latest decision,
he is suspended without pay until he returns next year.
"Considering the severity of [his] offense ... and the mitigating factor of his 25 years in service," hearing officer Robert Simmelkjaer wrote, "a one-year suspension without pay is the appropriate penalty."
Simmelkjaer threw out the case against Hershkovitz altogether in 2000 because
there was no evidence the teacher was offered a union rep. A state Supreme
Court judge overturned that decision.
In a handwritten confession Hershkowitz made in June 1998, he admitted asking
the girl for sex, questioning whether "she ever did it," and whether she
"explored her own body."
He also admitted discussing oral sex in the messages.
Many of the Internet messages took place between January and June 1998. The
girl used the alias "CUTEE 101," while Hershkowitz went under "IB4UALONE,"
according to court documents.
School officials learned of the illicit relationship from the girl's mother,
who complained that Hershkowitz had called their house. He admitted to making
the calls, saying he wanted "to be reminded of [the girl's] voice" and save
time on the computer.
Hershkowitz could not be reached at his Rockland County home. His mother, who answered the phone, declined to comment.
In his confession, Hershkowitz said, "This is an isolated case which spiraled
out of control and I always had the plan never to ... hurt anyone."
No one from the United Federation of Teachers returned phone calls, but union
president Randi Weingarten has said she favors reforming the disciplinary
process in certain circumstances.
© 2004, NYP Holdings, Inc.