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20 Dec 2010, 2:48 am
The district appealed and the Commissioner authorized the district to terminate Shurgin. [read post]
1 Sep 2009, 4:01 am
The Village appealed, contesting only that portion of the court's ruling requiring it to pay Catena 60 days of back pay.The Appellate Division modified the back pay award, holding that the Village only had to pay Catena 30 days of back pay.The Appellate Division said although Catena had admitted his guilt, which was supported by substantial evidence, "under all of the circumstances, the penalty of dismissal was so disproportionate to the offense committed as to be shocking to… [read post]
6 Jul 2010, 4:06 am
Disciplinary penalty reduced by courtCatena v Village of Southampton, App. [read post]
24 Sep 2010, 1:49 pm
Even after a hearing officer finds that the alleged violations occurred, the matter may remain non-public until appealed to the SEC. [read post]
4 May 2009, 4:05 am
Subsequently the board adopted the hearing officer findings and recommendation.DeNardo appealed but the Appellate Division sustained the school board's action. [read post]
3 Feb 2011, 3:20 am
Citing Wiggins v Board of Education, 60 NY2d 385, the court said that “[i]n the absence of a written delegation authorizing a deputy or other person to conduct the hearing, the removing board or officer has no jurisdiction to discipline an employee. [read post]
29 Jan 2014, 4:00 am
Under the circumstances, including LPN's admitted breach of the standards of honesty and integrity expected of a professional, the court said that the penalty imposed by the Board of Regents was not so disproportionate to her offense as to shock one's sense of fairness and dismissed LPN’s appeal.* Education Law §6509[5][a][i] indicates that “Being convicted of committing an act constituting a crime under: (i) New York State law” constitutes… [read post]
13 Sep 2011, 5:13 am
Mason resolves an appeal from a disciplinary arbitration. [read post]
22 Mar 2023, 6:00 am
The School Board [Board] filed disciplinary charges against one of its employees, a custodial worker, pursuant to §75 of the Civil Service Law alleging incompetence and misconduct. [read post]
22 Mar 2023, 6:00 am
The School Board [Board] filed disciplinary charges against one of its employees, a custodial worker, pursuant to §75 of the Civil Service Law alleging incompetence and misconduct. [read post]
19 Jan 2011, 3:52 am
It did not initiate formal disciplinary action against either the teacher or the driver.This, however, did not satisfy the parent and he appealed to the Commissioner of Education in an effort to obtain an order requiring the board to initiate disciplinary action seeking removal of the teacher.Noting that a resident of a school district may file disciplinary charges against a tenured teacher, the Commissioner said that a board of education must… [read post]
30 Oct 2017, 4:00 am
" In other words, a board member may participate in activities leading to, and making, the decision to file disciplinary charges against an individual but then he or she should recuse himself or herself from any and activities involving or related to going forward with the disciplinary action. [read post]
28 Dec 2019, 1:00 am
It is widely expected that the Board of Appeal will dismiss the appeal. [read post]
8 Dec 2014, 1:21 pm
Merpel will return to the letters in more detail, possibly after a catnap, but she notes that the Enlarged Board’s letter strongly argues that the suspension was not validly imposed: the authors don't suggest that Board members are above disciplinary procedures ("independence does not imply immunity"), but they do say that neither the President nor his Investigations Unit have the required authority to suspend a Board member. [read post]
13 Apr 2010, 12:16 am
*The Unemployment Insurance Appeals Board, reversing its ALJ’s decision, ruled that Edie disqualified for benefits because he lost his employment due to his misconduct, giving collateral estoppel effect to the disciplinary arbitrator’s factual findings. [read post]
22 Mar 2010, 11:34 pm
Reconsideration of a disciplinary penaltyGillen v. [read post]
27 Oct 2012, 11:29 am
Essentially the new disciplinary procedure did not provide for arbitration but instead provided that a disciplinary hearing would be conducted by “a Town Board member or a designee of the Town Board” rather than submitted to arbitration. [read post]
11 Feb 2016, 4:00 am
Hopton applied for unemployment insurance benefits but the Unemployment Insurance Appeal Board [Board] denied her claim on the ground that she lost her employment due to misconduct. [read post]
13 Mar 2015, 11:56 am
On the other hand, Article 11 EPC states:The Administrative Council shall exercise disciplinary authority over the employees referred to in paragraphs 1 to 3 [which includes members of the Boards of Appeal].while Article 10 EPC provides that the President of the EPO "may propose disciplinary action to the Administrative Council with regard to employees referred to in Article 11, paragraphs 2 and 3 [which also includes members of the Boards of… [read post]
26 Jul 2018, 5:32 am
The District of Columbia Court of Appeals adopted the recommendation of its Board on Professional Responsibility and suspended a former hearing committee chair for two years with fitness. [read post]
