Matter of Bruce Harris v Department of Education of the City of New York

In this Article 78 appeal case, petitioner sought to challenge respondents’ determination terminating petitioner’s employment as a New York City school teacher and to gain reinstatement of his employment with back pay and benefits. After a hearing, petitioner, a tenured teacher, was ordered by respondent, Department of Education’s Hearing Officer, to serve a six-month suspension and complete sexual harassment training before he would be reinstated to his position. No evidence exists to suggest that petitioner’s rights were violated. Ten months post-hearing petitioner still had not completed the ordered sexual harassment training which resulted in his termination. Petitioner argued that he was due a second hearing prior to termination but raised no factual issue over the completion of the directed training.

Accordingly, the Supreme Court affirmed the judgment granting respondents’ cross motion to dismiss the petition and dismissing the proceeding.

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