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Wednesday, February 06, 2013

Decisions by OATH Administrative Law Judges

Decisions by OATH Administrative Law Judges
New York City Office of Administrative Trials and Hearings

Technical guilty of failing to follow hospital procedure
Recommended penalty: 30-suspension without pay recommended

An ultrasound technician was charged with failing to follow hospital procedures requiring that a patient’s name and medical record number be placed on each image of the patient’s echocardiogram. Without the required identifiers, the reviewing cardiologist could not prepare his report, and the patient had to return to re-take the test.

Though the hospital sought the penalty of termination of employment, Administrative Law Judge Tynia D. Richard recommended a 30-day suspension, noting that the misconduct, while serious, was a single error and caused no harm except inconvenience.

The decision is posted on the Internet at:


Employee found guilty of sexually harassing female co-workers
Penalty recommended: termination

Administrative Law Judge Spooner found that a pharmacy technician sexually harassed two female co-workers by forcibly grabbing one from behind and pressing himself against her, and by forcibly kissing the other employee three times. Termination of employment was recommended.

The decision is posted on the Internet at: 
Health & Hospitals Corp (Elmhurst Hospital Ctr.) v. Polepalle (in PDF), OATH Index No. 142/13
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