Tag Archives: disciplinary

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. … Continue reading

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Setting the terms and conditions of a disciplinary probationary period

Pleading nolo contendere* to criminal charges that he had recklessly operated his personal automobile while off-duty, a New York City police officer and the New York City Police Department "disposed" of the subsequent administrative disciplinary action taken against the officer … Continue reading

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Evaluating conflicting testimony and the credibility of witnesses in a disciplinary hearing

A court may not weigh the evidence or reject the choice made by the hearing officer in a disciplinary proceeding where there is conflicting evidence and room for choice exists. Where  there is room for choice, the court may not … Continue reading

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Standing to challenge the appointing authority's decision finalizing a disciplinary action taken against an employee

Certain residents and taxpayers of the Village [Plaintiffs] commenced a CPLR Article 78 proceeding seeking a court order annulling a resolution adopted by the Village's Board of Trustees [Board] approving, by a three-to-two vote, a modified disciplinary settlement agreement entered … Continue reading

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Judicial review of student disciplinary action taken by a private college or university is limited to whether the institution substantially complied with its own rules

A New York Supreme Court denied a petition filed by a student [Student] attending a private institution of higher education [Institution]. Student had asked the court to annul the Institution's decision affirming a hearing committee's suspending the Student for one … Continue reading

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