Accordingly, the Appellate Division concluded that neither educator could avail herself of the hearing procedures set out in Education Law §3020-a.Further, while a counseling letter is “active” in a personnel file, the district may subsequently initiate disciplinary action based on the same event and the memorandum itself could be introduced as evidence in the course of the disciplinary proceeding.On this point, as the Court of Appeal ruled in Patterson… [read post]

http://bit.ly/nWotnF (Jeffrey Klein, Nicolas Pappas) ECPA Protects Non-Citizen Communications Stored in the US – Suzlon Energy v. [read post]