-------------------------- PART 1 --------------------------

Lynching isn't just physical like in the case of Emmett Till or Medgar Evers, lynching is also professional. Just like Emmett Till and Medgar Evers' killers were freed by the courts in spite of the evidence, those who professionally lynched an experienced and qualified Science teacher in New York City, because he is a Black male with an African sounding name, also went free while the teacher is still suffering. The racist criminals still have their careers, even though the evidence is plain how they discriminated against a Black male teacher; because, for these racist minds, he taught something that they did not want taught. He taught the real science that speaks of Africa as the cradle of humanity and the Genetics of the races coming out of the Black race. Even though the material was in the approved books and part of the curriculum, the racists did not want it taught. These racists promised to destroy the teaching career of this Black male and, like in the two lynching cases above, they did as they pleased. They lynched his career by firing him, BY MAIL; and, when this jobless teacher sued pro-se in Federal court, they picked up the jury they wanted and they got away with it as the murderers of Emmett Till and Medgar Evers first got away with it. This is the case because a jobless, moneyless, support-less Black male could not win against the power of the system and its phalange of lawyers just like in the cases of Emmett Till and Medgar Evers at first. Yet, the evidence is still here. Their crime is also clear.

Racism is alive and well in New York City. The year is not 1881, but 2001. The Black male teacher who, after being fired, refused to give up and fought for 9 years got a Federal Judge to see the discrimination and the First Amendment Rights violation against him, but the teacher never got justice. And, even today, in racist New York, no media would touch the subject and the New York City Council refuses to consider this professional lynching because "it is just one case" and, you know, the case was "litigated" and, "we are sorry about what you went through, but there is nothing we can do at this time," as if there is a time limit to expose a heinous crime, a lynching. For what it means is that one is saying: long live racism in New York City. Because unless it is exposed, how can you begin to correct it???

Thank God Medgar Evers and Emmett Till's case were re-opened so justice could finally be done. But what can be done in a 2001 blatant racist case for which the white racists who did this are still around (and, you know, they are probably very "respected" veteran administrators, these days)??

Teachers are supposed to be protected through the Collective Bargaining Agreement or the Contract between the City and the teachers' union. Yet white racists from the city school system conspired with white racists from the UFT to literally ignore the Contract and get rid of the Black male teacher, lynch him professionally, as if the Contract did not exist. As if the Contract did not apply to this Black male who dared to teach REAL SCIENCE that they, the white racists, did not like:

In 2001, YMN (all initials represent real names in the case) was a 12-year veteran, city and state licensed science teacher who held two Master's degrees, one from Columbia University, and had never had any unsatisfactory rating in his yearly evaluations (before teaching he worked for 5 years as one of the city inspectors that Mayor Coch hired and trained to clean up the scandal of corruption among New York City Board of Health inspectors). After teaching Science and Math for 7 years, he went on to coordinate and teach, for the Board of Education, all five subjects of GED preparation: Science, Math, Social Studies, Writing, Literature and Arts. He was so successful in his teaching that his principal got him appointed and he was slated to get his tenure on September 1st, 2001, when he ran into the racists who got him fired, BY MAIL, in a letter written on the last day of summer school, August 17, 2001, a couple of weeks before he received his tenure. This was the beginning of his nightmare.

[Even the people who work for minimum wage in fast food restaurants are never fired by mail; but, here was a veteran teacher being fired by mail, without a hearing or even a meeting with the person firing him, and no one ever stood up to defend him - who cares, he is a Black male with an African sounding name anyway, what could he do to racist white women and men who believed they are the System and the Law?]

YMN's regular job in school year 2000-2001 was coordinating and teaching all GED subjects in the Bronx projects of Highbridge where he worked with an Assistant Teacher and a projects' Community Liaison. He and his team had a 99% success.

YMN decided, for summer 2001, to take a per diem teaching job at a high school in the Bronx where the majority of all students had failed Science during the regular school year. So YMN taught both Biology and Environmental Science during the summer.

[Summer teaching was a per hour pay (per diem) unrelated to one's salary, with no effect on one's regular job, or on one's teaching status, so that summer teaching was supposed to have no impact on one's regular job or teaching status.]

Unbeknown to YMN, the science supervisor of the school, KK, had gotten a copy of a student's notes of a Biology lesson YMN taught on one of the exceptions to Mendel's laws of Genetics, Polygenic Inheritance, which is illustrated with the example of skin color in humans. KK not only was ignorant of this concept, confusing it with two other simple concepts, Incomplete Dominance and Co-Dominance, but she was such a racist that she could not accept or contemplate the long-proven scientific fact that all the human races came out of the Black race and evolved out of Africa. Even years later while testifying in Federal Court, she kept confusing the concepts and adamantly repeating wrong definitions of the three concepts. No wonder students at that high school had been failing science! Even the Federal judge, WHP, understood and stated her incompetency in his Summary ruling.

In mid-August, as summer school drew to a close, KK visited YMN's class and observed a quiz being given to students on the subject. She requested a meeting after school. An argument ensued at the meeting where KK insisted YMN was wrong and did not understand Polygenic Inheritance and that he shouldn't have used the skin color for an example. YMN refused to back down claiming what he taught was science, to which KK countered with curses that "No African N... is going to teach African science in my school, and I promise you that your career is going to suffer...". YMN told KK that he was at KK's school only for summer so he didn't see how KK will hurt his career. YMN thought that the Contract and the City would protect a good and upright science teacher. How wrong YMN was to believe that it is his capacity as a qualified science teacher that mattered, not the color of his skin or his African sounding name!

[Racism. Racists. When they plot, they do not care about laws, fairness, contracts. No, they believe they are Law. Superior. They are going to lynch a N..., physically or professionally, and they believe NOTHING will ever happen to them; and, so far, nothing has!]

-------------------------- PART 2 --------------------------

[Racism. Racists. When they plot, they do not care about laws, fairness, contracts. No, they believe they are Law. Superior. They are going to lynch a N..., physically or professionally, and they believe NOTHING will ever happen to them; and, so far, nothing has!]

Three days later after the confrontation, on Friday, August 10, 2001, one week before the end of summer school, events precipitated the nightmare for YMN as KK and her racist associates decided to make YMN pay for his standing up to her most superior self: In the middle of the last class that Friday, a stranger was sent with no note to YMN's class to "sit" in his classroom while he taught. YMN, not knowing what was happening, refused to let a stranger sit in his class. A few minutes later the stranger came back with the AP for Physical Ed, who ordered YMN to let the stranger in, no questions asked, and when the teacher asked "why", he was directed to pack up and leave the classroom. At the end of the day, since no one told him anything, he informed his union, the UFT, who advised him to punch out and go home.

Early Monday morning, August 13th, YMN's phone rang and, now, it was a call from the AP for Security (it seemed like everyone was an AP at that school since the P was rarely seen), a guy with whom YMN had confrontations throughout the summer because YMN insisted on students taking notes and participating, and when they came to class with no notebooks or pens, he sent them to the office to ask for papers and pens, these students would go get the AP for Security to come and order the teacher to put them back in class and he would refuse. One day the confrontation got so heated that it became a standoff that the principal had to come and break it up in favor of the teacher.

The call from the AP for Security on the 13th was an order for YMN not to return to the school but rather go to the Bronx Superintendent's office (which oversaw this high school). YMN went there and, after phone conversations between the school and the superintendent's office, around midday, YMN was given a letter terminating him from teaching summer school because of "an allegation of inappropriate behavior". Verbally, YMN was prohibited from going back to the school or calling. When he asked about the students grades he had as well as the final exams he was supposed to give the students, he was told to forget about all of that.

Upset that the minority students he taught would not either get their grades or take the final exam thereby treating those who attended school and studied the same way as those who cut school and did poorly, he called the media on Tuesday to expose the way the students were being neglected. A NY Daily News reporter called the school on Wednesday to inquire and the school said YMN was being investigated for some "sexual allegations" that is why the school didn't request the grades. Yet, the next day, Thursday, while YMN was out of town, the same school called and left messages (on the old answering machines with cassette recorders) for grades to be brought in. But YMN was out of town and didn't get back until Sunday.

The following day, Friday, August 17th, the last day when all summer school offices closed until September 1st, the school and the superintendent of the Bronx summer school spoke on the phone with YMN's superintendent of his regular job, RO. Without any hearing, any meeting, any investigation, any formal charges brought against YMN, and in total violation of the Contract protection for teachers, YMN's regular job's superintendent, RO, based on "inappropriate remarks and touching of students" as he testified during the deposition a few years later, wrote a letter and mailed it to YMN, firing him from his regular job (where he had satisfactory and was going to achieve tenure on September 1) and removing him from the City's payroll. Just like that!

[Nowhere in the Contract between the UFT and NY City does any city official, even the school Chancellor, has the power to fire a teacher without going through the prescribed "Due Process" in the Collective Bargaining Agreement or Contract. Thus, even when teachers are arrested for committing felonies, i.e., sexual acts prohibited by law, they are simply removed from classroom and assigned to desk duties, with pay, pending the investigation. But, because of being a Black male with an African sounding name, RO, like the racists who used to lynch Black people because they believed that no Black man had rights that they had to respect, just wrote him the letter firing him and removing him from payroll, based on what KK, the racist AP told him in a "phone conversation". In fact, while in the letter of termination from summer school, YMN was fired for "an allegation of inappropriate behavior", after the phone conversation about "inappropriate remarks" (the material he taught) and "touching the students" (they made this up and got some students to write it down as the Federal judge ruled) and without seeing any written evidence, without a hearing or a meeting and without any investigation, RO, in his letter, stated that he was now firing YMN from his regular job for "acts of misconduct that took place in the summer school" instead of the "allegation".]

[YMN was, first, fired on 8/13 on the last day of giving finals to summer school students after teaching the whole summer, following an argument with KK, the racist AP who accused YMN of teaching "African Science" because he taught the genetics of human origins from Blacks out of Africa. The letter from NW, the summer school superintendent, terminated YMN for an "allegation of inappropriate behavior". After a journalist called to inquire why they fired YMN without asking the students' grades, the racist KK and NW called YMN's regular job superintendent, RO, who, then, fired him from his regular job by mail dated 8/17, and removed him from the City's payroll. RO turned the "allegation" into "acts of misconduct" just based on a phone conversation he had with the other two racists, KK and NW, in total and complete violation of the Contract.]

After the lynching, by mail, YMN went to the UFT, which, after pursuing his case through the first 3 steps of grievance, agreed to go to arbitration as prescribed by the Contract. Then, the UFT reversed itself (after likely speaking with the racist officials who fired him) and informed YMN that the UFT will not pursue his case to arbitration. YMN then spoke to his pastor, Rev. CPG of the Convent Avenue Baptist Church in Harlem, USA, who agreed to go and meet with the UFT to inquire the reason for this reversal. After the meeting, the UFT wrote that it believed, once more, that the case had to go to arbitration. Then, the UFT reversed again its decision and refused to go to arbitration.

It was the UFT's director of the Grievance Department, HS, who twice verbally reneged to go to arbitration. The second time, YMN met with HS accompanied by an African volunteer attorney. HS, in essence, told the Black teacher with his Black attorney to GET LOST.

What was YMN supposed to do then, when his own UFT told him to get lost, after having been lynched by the City Board of Education?

The African attorney helped file a federal complaint for YMN but, when the attorney got an emergency and had to go back to his country, without telling YMN, he got the case dismissed. YMN had to get the case reopened and pursue it pro se. When the City moved for summary judgment, the Federal judge, WHP, after considering what the city lawyers and what YMN had introduced pro se, ruled that there was evidence for discrimination and for First Amendment Rights violation.

-------------------------- PART 3 --------------------------

From Judge WHP: ... KK "attempted to explain her objection to YMN's lesson. However her testimony is inconsistent. She initially testified that polygenic inheritance is not part of the curriculum. However, she also appears to have testified that polygenic inheritance is part of the curriculum, but that the curriculum does not include the skin color illustration used by YMN. Yet, YMN cites to a school textbook in which skin color is the only example of polygenetic inheritance. Besides KK's testimony, there is no evidence that skin color was excluded from the genetics curriculum. Nor does KK explain why she believed the skin color example was inappropriate for YMN to use. In light of the alleged racial speech she asserted during the August 3, 2001 meeting, a jury could infer that KK had a discriminatory motive.

"KK also testified that YMN incorrectly told students that in a polygenic inheritance of dominant and recessive skin color genes, the recessive gene is entirely dormant. YMN responds by proffering several tests he administered to students. These tests indicate that both he and his students understood the concept of polygenetic inheritance as applied to skin color. Thus, there is ample evidence from which a reasonable juror could conclude that KK's alleged remarks were discriminatory."

"The context in which the remarks were made also gives rise to a discriminatory inference. The meeting between KK and YMN took place on August 3, 2001. Several days later, KK demanded that YMN sign the evaluation criticizing him, inter alia, for using skin color as an example in his lecture. YMN refused to sign the evaluation. Prior to August 10, 2001, no accusations of improper conduct toward students had been lodged against YMN during his 12 years as a teacher. Yet, one week after KK allegedly threatened to 'make (YMN's) career suffer,' and soon after YMN refused to sign the evaluation, two students complained that YMN had inappropriately touched them. Three days later, YMN was fired. It may be that, coincidentally, the students decided to come forward within days of KK's confrontation with YMN. It may also be that there is no coincidence, and that the student complaints were procured as a pretext for discrimination. Ultimately, it is the jury's role to decide which interpretation of the evidence is correct."

"... In light of the broad language employed by these letters (firing YMN from both summer school and his regular job), it is possible that YMN was terminated based on his use of the skin color example in his lecture on polygenetic inheritance."

YMN going to court was a desperate fight to get his job back. However, based on the documents available and the Contract, it is PLAIN and CLEAR as spring water that YMN's firing goes against the contract and against even the recommendation of the City's own Office of Special Investigation:

1. YMN is fired on 8/13 from summer school and then fired, by mail and based on a phone conversation, on 8/17 from his regular job in VIOLATION OF THE CONTRACT.

2. The racists decide to drum up some charges to justify their racist firing and ask NYPD to investigate (or make an arrest). NYPD refused to investigate and sent the matter back to the Board of Education own OSI in a letter dated 9/12 stating, in part, "if your office conducts an investigation and determines that a crime may had been committed, you should immediately notify me". And this was more than a month after YMN had already been fired and removed from the City's payroll. No crime had been found to have been committed by YMN otherwise the NYPD would have been notified. Just racists doing their racist lynching to satisfy their racist ego.

3. The Office of Special Investigations in a letter giving the conclusion of its investigation dated 8/29 (backdated since YMN was sent a letter that the investigation was ongoing as of 9/10) and signed by its Confidential Investigator RG, specifically recommended: "It is recommended that Mr. YMN remain on the Board of Education Ineligible/Inquiry List". Yet, YMN was never given this report and never was called back to the Board of Education and put back on payroll. In other words, RACISTS HAD FIRED YMN AND THEY DID NOT CARE THAT THE INVESTIGATION FOUND NO CRIME AND NOTHING DESERVING OF HIS TERMINATION AND REMOVAL FROM THE CITY'S PAYROLL.

4. On 9/14, in order to officially enter the data in the City's system that YMN has been permanently terminated, the Terminal Transmittal Form was FALSIFIED in that, while stating the termination date as 8/17/01 (the firing by mail), the reason for termination is written as "Terminated - Just Cause Based upon OSI findings", Twice falsified: a) date of termination, since YMN was terminated 8/17 whereas the OSI report is dated later, 8/29; and b) reason for termination: OSI does NOT recommend for YMN to be terminated, but rather to "REMAIN ON THE BOARD OF EDUCATION INELIGIBLE/INQUIRY LIST".

As America remembers the March on Washington of 50 years ago, here is racism in New York and an American citizen, qualified, experienced, innocent, is fired by racists elements and, in spite of the facts and even the recommendation of the City's Board of Education's own OSI that he not be fired, he has never been called back. And the Board of Education falsified its own documents in order to record this discrimination act. On top of all this, even the UFT that was supposed to protect ALL TEACHERS, participated, through its Director of Arbitration, in this discrimination and professional lynching. To hell that the Black male was qualified, educated, experienced, and taught well. To hell that this illegal firing was a way of keeping him from achieving his TENURE.

Who, then, can correct a professional lynching such as this, when New York City by its media and City Council officials seem to want to keep it under the rug and do not care to address or expose the injustice in which a Black male's career and life and 17 years invested in serving New York City have been unlawfully taken away from him??? Who has the power to give him back his job, his tenure, as recommended by the City's own OSI???

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