The penalty of termination imposed on petitioner was excessive in light of all the circumstances

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The penalty of termination imposed on petitioner wasexcessive in light of all the circumstances
Principe v New York City Dept. of Educ., 2012 NY Slip Op 08568, Court ofAppeals
The Court of Appeal, Judge Smith dissenting, said thatAppellate Division [94 AD3d 43]“correctly determined that the penalty of termination imposed on petitioner wasexcessive in light of all the circumstances.”
The Appellate Division decided that “Given all of thecircumstances, including the educator’s “spotless record as a teacher for fiveyears and his promotion to dean two years prior to the incidents at issue,” the penalty excessive and shocking to [its] senseof fairness, citing the Pell Doctrine [Pell v Board of Educ. Of Union FreeSchool Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County,34 NY2d 222].”
NYPPL's summary of the Appellate Division’s ruling is posted on the Internet at:http://publicpersonnellaw.blogspot.com/search?q=Principe
The Court of Appeals’ ruling is posted on the Internet at:http://www.courts.state.ny.us/reporter/3dseries/2012/2012_08568.htm
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NYPER’s new e-manual A Reasonable PenaltyUnder the Circumstances - A Concise Guide toPenalties Imposed on Public Employees in New York State Found Guilty of SelectedActs of Misconduct – is scheduled for publication in January 2013. Forinformation about this e-manual send your e-mail to publications@nycap.rr.com with theword “Reasonable” in the subject line.