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Employer finds employee guilty of charges hearing officer found were not proven

By Harvey Randall, Esq.

Employer finds employee guilty of charges hearing officer found were not proven
Matter of Thibodeau v Northeastern Clinton Cent. School Bd. of Education, 39 A.D.3d 940

Northeastern Clinton Central School bus driver Michael Thibodeau was served with disciplinary charges pursuant to Civil Service Law §75 alleging misconduct, incompetence and insubordination.

Specifications to these charges essentially alleged that while Thibodeau was transporting a sixth-grade girl to her school he ?snapped the child?s bra strap while she was on the bus? and ?grabbed such student in a headlock, ruffling her hair with his fist, giving her a ?noogie.?? It was also alleged that after the incident was reported to the school principal, Thibodeau ?took the child off the bus to intimidate and urge her to ?straighten [it] out? with the principal.?

The Hearing Officer decided that the District had met its burden of proof solely with regard to the charge of misconduct and incompetence based upon Thibodeau?s placing of the child in a headlock, ruffling her hair and giving her a ?noogie? and recommended that Thibodeau be terminated from his position.

Subsequently the Northeastern Clinton Central School Board of Education adopted the findings of fact made by the Hearing Officer, as well as the finding that Thibodeau was guilty of misconduct, but rejected the Hearing Officer?s conclusion that the District had not met its burden of proof with respect to the charges and specifications alleging that Thibodeau pulled the child?s bra strap or that he engaged in intimidation and retaliation. The Board found Thibodeau guilty of those charges as well and, ultimately, it dismissed him.

Thibodeau appealed, contending that Board?s determination (1) was not supported by the requisite evidence and (2) that the penalty imposed, dismissal, was disproportionate to the offenses charged.

As the Board?s determination resulted from a hearing required by law, the Appellate Division said, ?the appropriate standard of review is whether the determination was supported by substantial evidence.?

The court dismissed Thibodeau?s appeal, ruling that (1) the findings of fact made by the Hearing Officer were fully supported by record evidence and (2) substantial evidence supports the Board?s conclusion that the District had met its burden of proof regarding the charges of alleging Thibodeau?s snapping of the child?s bra strap and his request to the student to ?straighten out? the situation with the school principal.

As to the penalty imposed, termination, the court said: ?Nor are we persuaded that the penalty was so severe and disproportionate as to shock one?s sense of fairness.?

Full post as published by New York Public Personnel Law on January 23, 2008 (boomark / email).