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A ?new penalty? to be imposed after court finds no substantial evidence to support one of two disciplinary charges for which employee was found guilty

A ?new penalty? to be imposed after court finds no substantial evidence to support one of two disciplinary charges for which employee was found guilty
Matter of Penderleith v Lakeland Cent. School Dist. of Shrub Oak, N.Y., 2009 NY Slip Op 06250, Decided on August 18, 2009, Appellate Division, Second Department

The Lakeland Central School District of Shrub Oak file charges alleging Penderleith failed to comply with proper protocol during a fire alarm (Charge I) and acting in a manner that was menacing, intimidating, and/or threatening toward the principal or assistant principal (Charge II).

The disciplinary hearing officer found Pendeleith guilty of both charges and recommend that he be dismissed from his position with the school district. The school board adopted the findings and recommendation of the hearing officer and dismissed Penderleith.

Penderleith appealed. The Appellate Division:

1. Sustained the hearing officer?s finding that Penderleith was guilty of misconduct and/or incompetence with respect to Charge I: failing to comply with proper protocol during a fire alarm because it was supported by substantial evidence in the record.

2. Annulled the hearing officer?s finding that Penderleith was guilty of Charge 2, menacing, intimidating, and/or threatening the principal or assistant principal, because it was not supported by substantial evidence in the record.

3. Annulled the penalty imposed, termination, and remanded the matter to the school board for its ?imposition of a penalty appropriate for the finding of guilt on charge I only.?

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_06250.htm

Full post as published by New York Public Personnel Law on August 26, 2009 (boomark / email).