Can a teacher be disciplined for excessive use of force against schoolchildren even if the force employed is not sufficient to constitute a crime?
The following excerpt is from Aronsky v. Board of Educ., Community School Dist. No. 22 of City of New York, 556 N.E.2d 1074, 557 N.Y.S.2d 267, 75 N.Y.2d 997 (N.Y. 1990):
In Matter of Bott v. Board of Educ., 41 N.Y.2d 265, 268, 392 N.Y.S.2d 274, 360 N.E.2d 952, we noted that "disciplinary charges against teachers are not criminal proceedings" and observed that the primary function of the disciplinary proceeding is to determine the fitness of the subject teacher to continue on in their professional responsibilities. Therefore, we held that the excessive use of force against schoolchildren by a teacher may form the basis for disciplining the teacher even where the force employed is not sufficient to constitute a crime (Matter of Bott v. Board of Educ., supra, at 268, 392 N.Y.S.2d 274, 360 N.E.2d 952). Nothing in Matter of Bott, however, indicates that Penal Law definitions do not apply to the limitations exception provision found in Education Law 2590-j(7)(c).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
