Under current New York law, an accusation is first vetted by an independent investigator. (In New York City, that's the special commissioner of investigation; elsewhere in the state, it can be an independent law firm or the local school superintendent.) Then the case goes before an employment arbitrator. The local teachers union and school district together choose the arbitrators, who in turn are paid up to $1,400 per day. And therein lies the problem.For many arbitrators, their livelihood depends on pleasing the unions (whether the United Federation of Teachers in New York City, or other local unions). And the unions--believing that they are helping the cause of teachers by being weak on sexual predators--prefer suspensions and fines, and not dismissal, for teachers charged with inappropriate sexual conduct.
I should disclose here that my husband is an adviser to Mr. Romney; I have no involvement with any campaign, and have been an independent journalist throughout my career.