Labor & Employment Law

Employee terminated after accessing pornographic material using employer?s computer

By Harvey Randall, Esq.

Employee terminated after accessing pornographic material using employer?s computer
Ghita v Department of Education of the City of New York, 2008 NY Slip Op 30706(U), March 7, 2008, Supreme Court, New York County, Docket Number: 0110481/2007

Mircea Ghita challenged an arbitrator?s determination terminating his employment with the New York City Department of Education after finding him guilty of p downloaded a file of pornographic material from his AOL email account and openly viewed such pornographic material from a school computer. Supreme Court rejected Ghita?s claim that the arbitrator exceeded his authority under Education Law § 3020-a, and the award terminating petitioner's employment is a violation of public policy and New York State Law.

Noting that Ghita ?admits his guilt of the charges? the court was not persuaded by his argument that ?the termination of his teaching career is excessive in view of

his unblemished record.?

Education Law § 3020-a(4) expressly provides: "In those cases where a penalty is imposed, such penalty may be a written reprimand, a fine, suspension for a fixed time without pay, or dismissal. In addition to or in lieu of the aforementioned penalties, the hearing officer, where he or she deems appropriate, may impose upon the employee remedial action including but not limited to leaves of absence with or without pay, continuing education and/or study, a requirement that the employee seek counseling or medical treatment or that the employee engage in any other remedial or combination of remedial actions."

In this instance, said the court, the hearing officer ?had the authority to dismiss [Ghita],? citing Matter of Pell v Board of Education, 34 NY2d 222, as the penalty imposed was not excessive and, or, unconscionable or an abuse of discretion.

Full post as published by New York Public Personnel Law on April 15, 2008 (boomark / email).