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Decision No. 12,717

Appeal of RUPERT GREEN from action of the Board of Education of the Mount Vernon City School District regarding his termination of employment.

Decision No. 12,717

(June 16, 1992)

Byron E. Kirkland, Esq., attorney for petitioner

D’Andrea and Goldstein, Esqs., attorneys for respondent, Robert Goldstein, Esq., of counsel

SOBOL, Commissioner.--Petitioner appeals from his dismissal as a probationary teacher employed at the Mount Vernon High School. The appeal must be dismissed.

Petitioner maintains that respondent discriminates on the basis of race. In support of that contention, he cites several incidents which he alleges prove that respondent discriminated against him on the basis of race, resulting in his dismissal.

The record before me indicates that petitioner has raised the identical issues and incidents in a complaint filed with the United States Department of Education, Office of Civil Rights. In a decision dated December 2, 1991, the Office of Civil Rights determined that petitioner was properly dismissed for legitimate nondiscriminatory reasons. The record further indicates that petitioner has instituted a proceeding before the Equal Employment Opportunity Commission involving the same matter and seeking similar relief. Having chosen those forums in which to litigate his claims, petitioner has made an election of remedies and may not relitigate the same issues in a proceeding instituted pursuant to " 310 of the Education Law (Appeal of Hilow, 31 Ed Dept Rep 78; Appeal of Bolecek, 26 id. 154; Matter of Tucci, 23 id. 250).