Below are summaries of two recent disciplinary hearings conducted New York City Administrative Law Judges serving with the New York City Office of Administrative Trials and Hearing [OATH].
1. OATH Administrative Law Judge [ALJ] Julia Davis recommended the termination of the employment of a Behavioral Health Associate [Respondent] who was charged with (a) gross misconduct [striking a patient in the face] and (b) excessive absenteeism.
Respondent had attempted to stop a patient from banging on the hallway window of a nurses’ station, and surveillance video showed Respondent striking the patient twice in the face. Respondent denied striking the patient, arguing that he acted in self-defense, which the ALJ found was belied by the video evidence showing the contrary.
In assessing the penalty to recommend to the Appointing Authority, Judge Davis opined that Respondent’s lack of disciplinary history was outweighed by the seriousness of Respondent's misconduct and his inability to take responsibility for his actions.
Although the ALJ found that Appointing Authority's evidence was insufficient to sustain the excessive absenteeism charge, the Administrative Law Judge recommended that Respondent be terminated from his employment based on her finding the Respondent guilty of gross misconduct in striking the patient twice.
Click HERE to access Judge Davis' findings and findings and recommendation with respect to the penalty to be imposed on Respondent.
2. ALJ Christine Stecura recommended the termination of the employment of an Eligibility Specialist [Respondent] found guilty of being absent from work without authorization [AWOL].
The Appointing Authority [Petitioner] had charged the Respondent with being AWOL commencing in January 2025. Respondent had initially requested a medical leave of absence for a six-week period, which Petitioner denied due to a lack of supporting documentation. The ALJ found that Petitioner had established that Respondent was absent from work without approval for over 14 months and that such absence was excessive and subject to disciplinary action.
The ALJ also found that Respondent had failed to provide corroborating lay, medical, or expert testimony, or supporting medical documentation, to demonstrate any alleged current and ongoing disability.
Click HERE to access Judge Stecura's findings and recommendation with respect to the penalty to be imposed on Respondent.