The employee’s refusal to participate in a disciplinary hearing does not mean that the employee was denied administrative due process
The Appellate Division rejected the employee's arguments seeking to vacate or modify a disciplinary action determination on grounds that included allegations that the hearing officer was biased and exceeded her authority in reaching a determination without affording the employee administrative due process.
The court said that the employee’s allegations were refuted by the record holding that the individual “was afforded every opportunity to present a defense and she acknowledges intentionally attempting to stonewall the proceedings by not appearing for and/or not participating on many of the hearing dates.”
Holding that the award was made in accord with due process, was supported by adequate evidence, and was rational and was not arbitrary and capricious, the Appellate Division noted that the employee failed to meet her burden of showing, by clear and convincing evidence, that the hearing officer was partial in her consideration of the evidence and ultimate determination.
Concluding that the penalty imposed, six months suspension without pay, was neither shocking to the court’s sense of fairness nor disproportionate to the multiple offenses for which she was found guilty, the court dismissed the employee’s petition.
The decision is posted on the Internet at: