By

 

Benjamin Weiser and Denny Hakim (New York Times)

 

Today’s New York Times revealed the systematic beatings and maltreatment of residents of a New York State run facility for Developmentally Disabled Residents. My fear is that the systematic protection of state workers who engage in this despicable behavior occurs at many facilities throughout the state that house disabled residents.

 

The New York Times reported that this abusive behavior was first uncovered five years ago. However, union protection of their workers and a unresponsive arbitration system prevents effective discipline of the malefactors. In brief, the New York Times found that when officials tried to fire 13 employees for abuse and neglect they failed each time because the arbitration process shielded the workers. Instead, the state arbitration process often returns abusive employees to the job.

 

The New York Times found hundreds of pages of disciplinary records from 2015-2017. The records showed that one-third of employees (120) have committed abuse. “Whistle Blowers” have been physically molested and been intimidated by state officials. Their confidential reporting has been leaked to officials who then retaliate.

 

In some places, the police appear to be more frequently intervening, particularly at Sunmount in northern New York, one of the last large housing facilities. One worker, for example, faced nine disciplinary charges after pouring Gatorade on a resident, slapping and jumping on a resident, and laughing while two colleagues were hitting a resident. He was arrested in 2015 and resigned. (Why was he not criminally prosecuted?)

 

Residents have been repeatedly beaten, verbally abused, and in some cases killed. The residents frequently cannot report their abuse because they may be non verbal and unable to provide testimony and witnesses may not be cooperative.  

 

I find it impossible and demoralizing that in a democracy we cannot rectify these abuses. The eighth amendment protects Americans from “cruel and unusual punishment.” Why cannot the State criminally prosecute the abusers or fine the employees union? While the residents are not systematically murdered, I see no difference between their treatment and victims of Nazi concentration camps and Stalin’s gulags.