Employee’s rude conduct did not rise to the level of constituting a “physical altercation” with another employee
Decisions of the NYC Office of Administrative Trials and Hearings, Case 12-2095
The Department of Correction charged a correction officer with fighting with another officer, using profane language, leaving her post, and bringing an unauthorized bag near her post.
OATH Administrative Law Judge Kara J. Miller found that the Department proved all of the charges except the claim that officer engaged in a physical altercation with another officer.
The ALJ decided that the testimony at the disciplinary hearing showed that, at most, the accused officer may have pushed past the other officer rudely and brushed against her. Judge Miller did not find this sufficient to constitute misconduct.
Accordingly, she recommended a penalty of a 15-day suspension with credit for time served.
The decision is posted on the Internet at:
http://archive.citylaw.org/oath/12_Cases/12-2095.pdf