The city has concluded its investigation into the hiring of Sean Shaynak, the Brooklyn Technical High School math and science students who has been accused, among other things, of having sex with underage students, texting students nude photographs, bringing a student to a nude beach, bringing that same student tho a sex club, and asking underage students to engage in lesbian sex. Shaynak was hired by the Department of Education despite having been arrested in 2005 for allegedly beating up an 11-year-old. And, well, it appears it was totally fine that he was hired, since he was never convicted.
According to a report from the Special Commissioner of Investigation's office, Shaynak was charged with assault for allegedly beating up 11-year-old neighbor Devonte Watson in Maryland in 2005. Since Shaynak was never convicted of the crime, nor pleaded guilty or no contest to it, he passed an initial background check when he applied for a "Teaching Fellows" position in 2008. He also submitted a personal statement to the Office of Personnel Investigation regarding the arrest. Per the report:
Shaynak explained that he was arrested on October 3, 2005, following a physical altercation with "a young teen male." Shaynak appeared in court before a judge and agreed to dispose of the case through Probation Before Judgment ("PBJ"). Shaynak wrote: "The conditions of my probation before judgment were that I pay for [the young male's] medical bills resulting from the incident, court costs associated with the hearing, and to perform 16 hours of community service." Shaynak also provided information from the relevant Maryland PBJ statute: "Discharge of a defendant under this section shall be without judgment of conviction and is not a conviction for the purpose of any disqualification or disability imposed by law or because of conviction of a crime."
Shaynak had previously been employed as a pilot at a local airline, and he told authorities he wanted to leave that job because he was tired of traveling all the time. Shaynak received a recommendation from his former job, and his file was pushed through the system. Brooklyn Tech had been looking to reactive its Aerospace program around the time of Shaynak's hiring—an assistant principal at the time and head of Engineering and Physics at the school, John Randell Barclay, recommended Shaynak be hired because of his background as a licensed pilot. Barclay, who has since retired, told the SCI's office he "had no concerns about [Shaynak]."
Shaynak drummed up a few complaints at Brooklyn Tech—in 2008, he and an assistant principal reported having a "personality conflict," but Shaynak remained at the school. Another assistant principal accused him of "employ[ing] language that tends to belittle or subject a student to ridicule]" in June 2012.
New York law prohibits an employer from denying employment based solely on arrests or charges that did not result in a conviction, unless those charges are currently pending.