Remanding a disciplinary penalty “to a new hearing officer” to determine a “lesser penalty”
Fox v New York City Dept. of Educ., 2015 NY Slip Op 07792, Appellate Division, First Department
The New York City Department of Education [DOE] appealed a decision by Supreme Court that [1] vacated the penalty of termination of a guidance counselor's employment imposed by DOE after a disciplinary hearing and [2] remanded the matter to DOE for a determination of a "lesser penalty” by a new hearing officer.
The Appellate Division unanimously reversed the Supreme Court’s ruling “on the law” and reinstated the penalty imposed on the educator by DOE, dismissal from the position.
The Appellate Division explained that the guidance counselor had engaged in a course of conduct over two years demonstrating "insubordination, professional unfitness, inability to handle a crisis situation, disclosure of confidential information, and inadequate record keeping."
Under the circumstances, said the court, "The termination of [the guidance counselor's] employment is not so disproportionate to this pattern of misconduct as to shock our sense of fairness," citing Lackow v Department of Education, 51 AD3d 563.
The decision is posted on the Internet at:
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