New York City Office of Administrative Trials and Hearings Administrative Law Judge [ALJ] Charlotte E. Davidson recommended termination of employment of the Employee [Respondent], a patient care associate, who made inappropriate comments to a patient and kissed the patient’s arm before drawing her blood.
Judge Davidson, who had conducted this disciplinary hearing by videoconference, found that the Employer established that Respondent had kissed the patient’s arm and made a series of inappropriate comments to her, including referring to himself as a Chupacabra, a mythical blood-sucking monster; telling the patient he also sucks milk; asked the patient if she breastfed her children; and asked the patient if she was allergic to money.
Judge Davidson, however, found that the Employer failed to prove the allegation that Respondent told the patient that he "loves veins".
In considering the appropriate penalty to recommend to the appointing authority to be impose on Respondent, the ALJ considered Respondent’s lack of a history of disciplinary action with the Employer, the inappropriate and sexual nature of Respondent’s misconduct and Respondent’s failure to demonstrate outstanding job performance during his short term of employment with the Employer.
Accordingly, Judge Davidson recommended that the appointing authority terminate Respondent's employment with the facility.
Click HERE to access the ALJ's findings and recommendation posted on the Internet.
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