Determining if the disciplinary penalty imposed on the employee shocks the court's sense of fairness
A tenured New York City school teacher [Educator] employed by the New York City Department of Education [DOE] challenged her being terminated from her position after being found guilty of certain disciplinary charges including allegations that she had directed a racially charged insult at an individual in the course of an incident which had occurred off school grounds.
DOE's investigation of this event had led to its discovery of additional alleged discriminatory conduct by Educator that was claimed to have been directed at Educator's students in her classroom.
Supreme Court denied Educator's application brought pursuant to CPLR Article 75 seeking to vacate the arbitration award rendered after an Education Law §3020-a disciplinary hearing. The Appellate Division unanimously affirmed the Supreme Court ruling.
Click HERE to access the Appellate Division's decision posted on the Internet.
A Reasonable Disciplinary Penalty Under the Circumstances - This 442-page e-book focuses on determining the appropriate disciplinary penalty to be imposed on an employee in the public service in instances where the employee has been found guilty of misconduct or incompetence. For additional information concerning this e-book click on http://booklocker.com/books/7401.html.
Editor in Chief Harvey Randall served as Director of Personnel, SUNY Central Administration, Director of Research , Governor's Office of Employee Relations; Principal Attorney, Counsel's Office, New York State Department of Civil Service, and Colonel, New York Guard.
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