“The case has nothing to do with sexual harassment and we believe the allegations have no merit,” Nicholas Paolucci, a spokesman for the city’s Law Department, said about Mr. Einsohn’s lawsuit.
In 2013, Mr. Kwait was fined $4,500, ordered to take sensitivity training and had a letter placed in his file. Asked why Mr. Kwait had not been fired, Ms. Holness said “the statute of limitations to bring him up on charges has expired.”
The review of Mr. Kwait’s file is part of a continuing effort to examine how the Education Department “can tighten procedures and hold employees accountable,” Ms. Holness said.
The city has also announced it will spend $5 million to increase the number of investigators at the Education Department to 18 from seven. Once a future lawsuit is filed, city agencies will transfer their investigation to the Law Department, which will share its findings from the case, allowing disciplinary proceedings to move forward, said Olivia Lapeyrolerie, a spokeswoman for Mr. de Blasio.
Jonathan A. Tand, a lawyer who represents Mr. Einsohn and who has sued the Education Department on behalf of other clients, says the lawsuits against Mr. Kwait are proof that the department has an issue with transparency and does not fully investigate sexual harassment and discrimination complaints.
Mr. Kwait is “one of those guys who I can’t figure why it took so long to remove from his position,” Mr. Tand said. “They seemed to look the other way until given no choice.”
David C. Bloomfield, professor of education law at Brooklyn College, said that the department’s bureaucracy makes reporting and investigating sexual harassment difficult and confusing, but that the city should be doing better.
“Mayor de Blasio inherited a system that has long existed, but it’s up to him — especially in light of the #MeToo movement and Time’s Up movement — to be a step ahead and not a step behind,” Mr. Bloomfield said.