Factors considered by courts in evaluating the disciplinary penalty imposed on an employee found guilty of misconduct

Supreme Court denied an Educator's petition seeking to vacate the determination of the New York City Board of Education [DOE] terminating her from employment after a Disciplinary Hearing Officer had found her guilty of a number of charges and specifications. The Appellate Division said that the hearing officer's findings had a rational basis and were supported by adequate evidence and  included a finding that Educator had  abdicated her responsibilities as a teacher in violation of school protocol by "leaving a student in crisis with a school aide," and other incidents that the court's decision characterized as "causing unwelcome confusion for the student and her family."Citing Bolt v New York City Department of Education, 30 NY3d 1065, the Appellate Division noted that considering "controlling precedent," its sense of fairness was not shocked by DOE's imposing the penalty of termination following the…

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