English v. College of Medicine and Dentistry of New Jersey
| Court | United States State Supreme Court (New Jersey) |
| Writing for the Court | PER CURIAM |
| Citation | 372 A.2d 295,73 N.J. 20 |
| Decision Date | 25 March 1977 |
| Parties | Donald J. ENGLISH, Appellant-Respondent, v. COLLEGE OF MEDICINE AND DENTISTRY OF NEW JERSEY, Respondent-Appellant. |
Page 20
v.
COLLEGE OF MEDICINE AND DENTISTRY OF NEW JERSEY, Respondent-Appellant.
Decided March 25, 1977.
[372 A.2d 296]
Page 21
Sherrie L. Gibble, Deputy Atty. Gen., for respondent-appellant (William F. Hyland, Atty. Gen., attorney; Stephen Skillman, Asst. Atty. Gen., of counsel).John A. Craner, Elizabeth, for appellant-respondent (Craner, Brennan & Nelson, Elizabeth, attorneys).
PER CURIAM.
The plaintiff, Donald J. English, supervisor of the morgue section of the Department of Anatomy of the College of Medicine and Dentistry of New Jersey, was discharged by the College's Board of Trustees because of misconduct in the performance of his duties. On appeal the Appellate Division affirmed the finding of misconduct, but held that the penalty was too harsh. It concluded a one year suspension without pay was appropriate. One Appellate Division judge dissented, finding that the sanction did not constitute an abuse of the Board's discretion. The College appealed to this Court pursuant to R. 2:2--1(a).
The formal charge submitted to English specified that he had failed to maintain proper identification of and accurate records with respect to the bodies in the morgue section of the Department of Anatomy. He was advised that he would be given a hearing at which the College would present testimony
Page 22
to support the charge, and he might adduce evidence in his own behalf. English accepted the offer. Hearings were held before Dr. Harold Logan, Associate Dean of the College, on December 2 and 3, 1971. After receipt of the hearing officer's report, the President of the College delineated findings of fact and found English guilty of the charge. He determined that dismissal was warranted. English appealed to the Appellate Division. While this appeal was pending, the College's motion that the matter be remanded and presented to a new independent hearing officer was granted.A De novo hearing was held on June 4, 1974 before retired Judge Victor S. Kilkenny. The parties stipulated that the record consist of the testimony and evidence presented at the prior hearing. Judge Kilkenny sustained the charge of serious neglect of duty and recommended discharge. The Board of Trustees affirmed and adopted his findings. It permanently terminated English's appointment as of January 28, 1972.
The record is abundantly clear, indeed English...
To continue reading
Request your trial
-
Nicoletta v. North Jersey Dist. Water Supply Commission
...though a public employer, has the right to discharge such employee with or without cause. English v. College of Medicine and Dentistry, 73 N.J. 20, 23, 372 A.2d 295 (1977). Sergeant Nicoletta nevertheless Page 151 insists that the incidents of his dismissal and the very statute empowering i......
-
Bowles v. City of Camden, No. CIV.A. 96-4907 JEI.
...546 (1994); Shebar v. Sanyo Business Systems Corp., 111 N.J. 276, 284, 544 A.2d 377 (1988); English v. College of Medicine & Dentistry, 73 N.J. 20, 23, 372 A.2d 295 (1977). However, having publicly offered reasons for his decision to terminate Bowles once challenged with accusations of reta......
-
Downey v. Coalition against Rape and Abuse, Inc., No. CIV 99-3370 JBS.
...good reason at all. Witkowski v. Thomas J. Lipton, Inc., 136 N.J. 385, 643 A.2d 546 (1994); English v. College of Medicine and Dentistry, 73 N.J. 20, 23, 372 A.2d 295 (1977). Due to the lack of a "good cause" clause in her employment contract with CARA, therefore, Ms. Downey had no reasonab......
-
Pierce v. Ortho Pharmaceutical Corp.
...135, 62 A.2d 380 (1948) (railroad employee discharged for fighting). See also English v. College of Medicine and Dentistry of New Jersey, 73 N.J. 20, 23, 372 A.2d 295 (1977) (morgue supervisor discharged for failure to keep accurate records); Jorgensen v. Pennsylvania R.R. Co., 25 N.J. 541,......
-
Nicoletta v. North Jersey Dist. Water Supply Commission
...though a public employer, has the right to discharge such employee with or without cause. English v. College of Medicine and Dentistry, 73 N.J. 20, 23, 372 A.2d 295 (1977). Sergeant Nicoletta nevertheless Page 151 insists that the incidents of his dismissal and the very statute empowering i......
-
Bowles v. City of Camden, No. CIV.A. 96-4907 JEI.
...546 (1994); Shebar v. Sanyo Business Systems Corp., 111 N.J. 276, 284, 544 A.2d 377 (1988); English v. College of Medicine & Dentistry, 73 N.J. 20, 23, 372 A.2d 295 (1977). However, having publicly offered reasons for his decision to terminate Bowles once challenged with accusations of reta......
-
Downey v. Coalition against Rape and Abuse, Inc., No. CIV 99-3370 JBS.
...good reason at all. Witkowski v. Thomas J. Lipton, Inc., 136 N.J. 385, 643 A.2d 546 (1994); English v. College of Medicine and Dentistry, 73 N.J. 20, 23, 372 A.2d 295 (1977). Due to the lack of a "good cause" clause in her employment contract with CARA, therefore, Ms. Downey had no reasonab......
-
Pierce v. Ortho Pharmaceutical Corp.
...135, 62 A.2d 380 (1948) (railroad employee discharged for fighting). See also English v. College of Medicine and Dentistry of New Jersey, 73 N.J. 20, 23, 372 A.2d 295 (1977) (morgue supervisor discharged for failure to keep accurate records); Jorgensen v. Pennsylvania R.R. Co., 25 N.J. 541,......