The Appellate Division unanimously affirmed the disciplinary penalty imposed on an employee [Petitioner] found guilty of disciplinary charges alleging Petitioner had engaged in misconduct against another employee that constituted sexual harassment.
Petitioner had challenged the determination finding him guilty of the charges served on him and the penalty imposed, placement on probation for six months and suspension without pay for five days.
Dismissing Petitioner's appeal, the Appellate Division, concluding that the guilty determination was supported by substantial evidence, "i.e. relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact", noted that hearsay is admissible in administrative proceedings and "if sufficiently relevant and probative may constitute substantial evidence."
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