Ansley v. Jamesville-Dewitt Cent. Sch. Dist.
| Decision Date | 05 July 2019 |
| Docket Number | 90,TP 18–01530 |
| Citation | 174 A.D.3d 1289,103 N.Y.S.3d 735 |
| Parties | In the Matter of Patricia L. ANSLEY, Petitioner, v. JAMESVILLE-DEWITT CENTRAL SCHOOL DISTRICT, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Proceeding pursuant to CPLR article 78 () to review a determination of respondent. The determination terminated the employment of petitioner.
It is hereby ORDERED that the determination is modified on the law and the petition is granted in part by vacating the penalty imposed, and as modified the determination is confirmed without costs and the matter is remitted to respondent for further proceedings in accordance with the following memorandum: Petitioner commenced this CPLR article 78 proceeding seeking, inter alia, to annul respondent's determination finding petitioner guilty of disciplinary charges and terminating her employment as a school bus driver after an incident in which petitioner slapped a student.
At a hearing conducted by respondent pursuant to Civil Service Law § 75, petitioner testified that she had been employed as a bus driver for 20 years, including 18 years with respondent, had driven special education students for five years, and had been struck or injured by students on more than 20 prior occasions. Petitioner testified that, although she had to "separate or corral" students on occasion, she had never previously made physical contact with a student and was never reprimanded for her actions. The record reflects that, before the incident giving rise to this proceeding, petitioner's disciplinary record was unblemished.
On the day of the incident, at school dismissal time, a nine-year-old special needs student, who was known to frequently run off the bus, ran away from the bus. A social worker then provided assistance to help the child board the bus. Once he boarded, the student started to yell and scream when his assigned bus attendant offered him only a book instead of the toy truck that he was accustomed to receiving upon boarding the bus. The attendant could not restrain him, and the student tried to run off the bus. The attendant followed him down the bus aisle while the social worker and petitioner came down the aisle from the front of the bus, blocking the student's way. It is undisputed that, at this point, the student became very aggressive and started to swing his arms at the social worker and punch petitioner. Petitioner testified that, when the student hit her, she became concerned that a nearby student might also be hit by him. Also on the bus during the incident was another student who was prone to kicking, and who was becoming increasingly upset and agitated by the situation.
Testimony at the hearing also established that as petitioner and the social worker tried to calm the student, he punched petitioner in the stomach. Petitioner then allegedly slapped the student on the face with her open hand. The student was later observed to have a hand-shaped red mark on his face. He declined medical attention, and the record is devoid of any evidence of medical treatment for the student or testimony from the student describing his pain. As a result of the incident, petitioner was subjected to criminal charges, which were ultimately dismissed in furtherance of justice (see CPL 170.30[1][g] ; 170.40).
Contrary to petitioner's contention, the determination finding her guilty of three disciplinary charges is supported by substantial evidence. "It is well established that substantial evidence is generally the applicable evidentiary standard for disciplinary matters involving public employees under Civil Service Law § 75" ( Matter of Marentette v. City of Canandaigua, 159 A.D.3d 1410, 1412, 73 N.Y.S.3d 823 [4th Dept. 2018], lv denied 31 N.Y.3d 912, 2018 WL 3148932 [2018] ). Substantial evidence "means such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact" ( 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 180, 408 N.Y.S.2d 54, 379 N.E.2d 1183 [1978] ; see Matter of Marine Holdings, LLC v. New York City Commn. on Human Rights, 31 N.Y.3d 1045, 1047, 76 N.Y.S.3d 510, 100 N.E.3d 849 [2018], rearg. denied 32 N.Y.3d 903, 2018 WL 4355108 [2018] ) and, given that the Hearing Officer was entitled to resolve any issues of credibility whether petitioner deliberately slapped the student (see Marentette, 159 A.D.3d at 1412, 73 N.Y.S.3d 823 ), we conclude that there is substantial evidence to support respondent's determination.
With respect to the penalty, however, in light of petitioner's otherwise unblemished disciplinary record during her 20 years as a school bus driver, including five years driving special needs students, we conclude that termination, absent any other previous progressive disciplinary steps, is so disproportionate to the offense committed as to shock one's sense of fairness (see generally Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 233–234, 356 N.Y.S.2d 833, 313 N.E.2d 321 [1974] ). Although we are mindful of our limited role in evaluating the discipline imposed here (see generally Matter of Bolt v. New York City Dept. of Educ., 30 N.Y.3d 1065, 1068, 69 N.Y.S.3d 255, 91 N.E.3d 1234 [2018] ), we nevertheless conclude that the circumstances of this unfortunate occurrence, viewed in the specific context of petitioner's background, establish that the harsh penalty of termination was disproportionate and shocking to our sense of fairness. Petitioner was confronted by a student who, due to his special needs, lost control of his behavior and was significantly disrupting the other students on the bus, some of whom were also struggling to behave. Petitioner's conduct was not premeditated and, under these circumstances, appears to be the result of a momentary lapse of judgment. There is nothing in petitioner's employment history to suggest that she will ever engage in similar conduct again.
Although termination in these circumstances shocks our sense of fairness, we do not condone petitioner's behavior, and only conclude that some form of discipline short of termination would be appropriate. We therefore modify the determination by granting the petition in part and vacating the penalty imposed, and we remit the matter to respondent for the imposition of an appropriate penalty less severe than termination (se...
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