ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

September 12, 2013

Falsification of time records results in suspension without pay


Falsification of time records results in suspension without pay
Decisions of the Commissioner of Education, Decision 11682
Decisions of the Commissioner of Education, Decision 11111

Decision 11682

A teacher charged 11 days of absence over a 3 1/2 month period to her sick leave accruals. The District subsequently learned that the teacher had reported for work at her second job or had attended scheduled classes in an evening course in which she was enrolled on the same days that she had been absent on sick leave.

The District filed disciplinary charges against the teacher pursuant to Education Law §3020-a. The disciplinary hearing panel found the teacher guilty of all but one of the specifications, ruling that her actions constituted conduct unbecoming a teacher and neglect of duty. It imposed a penalty of suspension without pay for three months .

The District appealed, seeking approval to dismiss the teacher. The teacher, on the other hand, asked the Commissioner to vacate the panel's decision and dismiss the charges filed against her.

The Commissioner, sustaining the panel's decision, ruled that the penalty imposed by the panel for the teacher’s abuse of sick leave was, in this case, appropriate and affirmed the penalty imposed by the §3020-a disciplinary panel. 


Decision 11111

 In another Education Law §3020-a disciplinary action involving an alleged falsification of time records, the Commissioner upheld the disciplinary hearing panel's finding the teacher guilty of the charges filed against her alleging that she had misuse of family sick leave benefits. The Commissioner also upheld the disciplinary penalty imposed by the panel: -- a suspension without pay for 9 1/2 months for "abuse of sick leave benefits."

The disciplinary hearing panel had found that the teacher had absented herself from work, charging her absence to her sick leave credits for an alleged “family illness” for three days immediately preceding the School District’s spring recess. The teacher, however, chanced to meet her principal at a vacation site that they both were visiting on one of the days she had charged to her “family sick leave” leave credits. 
.
.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com