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June 12, 2015

Filing disciplinary charges against an individual is a condition precedent for a demand to an administrative disciplinary hearing

Filing disciplinary charges against an individual is a condition precedent to a demand for an administrative disciplinary hearing
2015 NY Slip Op 00587, Appellate Division, Third Department

Following an investigation, New York State’s Division of Human Rights [SDHR] issued a determination of no probable cause to believe that the employer, a school district [District] had engaged in unlawful discriminatory practices with respect to the compliant filed with it by a former District employee [Complainant]. Complainant challenged SDHR’s determination.

Supreme Court dismissed Complainant’s Article 78 petition; the Appellate Division sustained the Supreme Court’s ruling.

One of the issues considered by the Appellate Division was Complainant’s argument concerning her request for a disciplinary hearing pursuant to Education Law §3020-a.

While the Appellate Division said that this issue was “unpreserved because she did not raise it before SDHR or Supreme Court,” it observed that Complainant’s argument “lacks merit because the [District] never filed formal disciplinary charges against her.”

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2015/2015_00587.htm

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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.
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