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June 13, 2023

Court considered employee's long unblemished service record in mitigating imposing the disciplinary penalty of dismissal "under the circumstances"

A tenured teacher [Educator], was charged with conduct unbecoming a teacher, misconduct, and insubordination for allegedly inappropriately restraining a female student who was trying to get past him. The matter proceeded to arbitration, resulting in a determination, after a hearing, finding Educator guilty of inappropriate conduct and the imposition of the penalty of termination of his employment with the school district. Educator then commenced a proceeding pursuant to CPLR Article 75 seeking to vacate the determination. Supreme Court denied Educator's petition and dismissed the proceeding. Educator appealed.

The Appellate Division held that there was a rational basis and evidentiary support for the finding that Educator committed the conduct with which he was charged by inappropriately restraining a female student who was trying to get past him. 

A video of the incident, which was admitted into evidence at the hearing, however, could be interpreted in more than one way. Citing Saunders v Rockland Bd. of Coop. Educ. Servs., 62 AD3d at 1013, the Appellate Division explained it must "accept the arbitrator's credibility determinations, even where there is conflicting evidence and room for choice exists".

Noting the decisions in Matter of Principe v New York City Dept. of Educ., 94 AD3d 431, affirmed 20 NY3d 963, the Appellate Division, in consideration of Educator's otherwise unblemished record of approximately 19 years as a teacher with the school district, opined "the penalty of termination of employment was so disproportionate to the offense as to be shocking to one's sense of fairness".

The Appellate Division then vacated the disciplinary penalty terminating Educator's employment and remitted the matter to the school district "for the imposition of a lesser penalty".

Click HERE to access the Appellate Division's decision posted on the Internet.

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A Reasonable Disciplinary Penalty Under the Circumstances.  The text of this NYPPL e-book focuses on court and administrative decisions addressing disciplinary penalties imposed on officers and employees in the public service in instances where the individual has been found guilty of misconduct and, or, incompetence. For additional information and access to a free excerpt from this e-book click HERE.

 

 

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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.
New York Public Personnel Law. Email: publications@nycap.rr.com