[Download] "Matter Joan Mcnamara v. Commissioner Education" by Supreme Court of New York " Book PDF Kindle ePub Free
eBook details
- Title: Matter Joan Mcnamara v. Commissioner Education
- Author : Supreme Court of New York
- Release Date : January 05, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Appeal from an order of the Supreme Court at Special Term, entered January 30, 1980 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed two causes of action seeking the annulment of a determination of respondent Commissioner of Education and directed that petitioners third and fourth causes of action against respondent Board of Education of the Valhalla Union Free School District be transferred to Supreme Court, Westchester County. Petitioner was a tenured elementary school teacher when, on September 12, 1978, the Board of Education of the Valhalla Union Free School District found probable cause to prefer charges against her of insubordination and conduct unbecoming a teacher. As a result, she was suspended with pay, and she was later reinstated by decision of a three-member hearing panel which dismissed the boards charges. The board then appealed to respondent Commissioner of Education, who affirmed the panels dismissal of the charge of conduct unbecoming a teacher, but concluded that petitioner was guilty of insubordination. This latter charge was premised upon petitioners refusal to complete a psychological examination, to which she had originally submitted, by a doctor designated by the board. The commissioner found that her refusal, which was in direct contravention of a board order, constituted insubordination for which she was suspended without pay until such time as she submitted to a complete psychological examination. Seeking review of the commissioners determination and reinstatement with back pay, petitioner commenced this proceeding. Special Term ultimately upheld the decision of the commissioner and dismissed the two causes of action alleged against him in the petition. Also alleged in the petition were two other causes of action which related to the conduct of the board following the hearing panels decision, and the court directed that these causes of action be severed from this proceeding and continued in a separate proceeding in Supreme Court, Westchester County. This appeal followed. We hold that Special Terms order should be affirmed, and in so ruling, we initially find to be without merit petitioners assertion that the commissioner has no jurisdiction to vacate the decision of a hearing panel which has a rational basis and substantial evidentiary support. Clearly, the commissioner is empowered to substitute his judgment for that of a hearing panel or other local school authority, even where the challenged determination of the local authority has a rational basis and is not arbitrary, and where the commissioner has so acted, his determinations have been confirmed by the courts in numerous instances (see Matter of Vetere v Allen, 15 N.Y.2d 259, cert den 382 U.S. 825; Matter of Mockler v Ambach, 79 A.D.2d 745; Matter of Board of Educ. v Nyquist, 51 Misc. 2d 902, affd 28 A.D.2d 936). In the present case, we further find that the commissioners determination on the insubordination charge is amply supported by the evidence in the record and that the penalty imposed on petitioner was entirely proper. The board plainly had the authority to require petitioner to complete a psychological test (Education Law, § 913; Matter of Gargiul v Board of Educ., 69 A.D.2d 986, mot for lv to app den 48 N.Y.2d 606), and it is uncontroverted that petitioner refused to continue with her examination after the first five hours. Moreover, petitioner has failed to establish that the examination was excessively long or that she was prejudiced thereby, and consequently, the finding of insubordination was warranted. Similarly, [80 A.D.2d 660 Page 661]