A juvenile counselor was charged with unauthorized use of force against four different juvenile residents, making false and misleading statements and using profane and threatening language towards a supervisor. Petitioner offered video that showed the exchange between respondent and the juveniles. ALJ Noel Garcia found that respondent consistently exhibited a pattern of behavior that violated agency rules, and that respondent’s testimony was not credible. ALJ Garcia recommended termination of employment. Admin. for Children’s Servs. v. Patterson, OATH Index No. 904/16 (Sept. 2, 2016), adopted, Comm’r Dec. (Sept. 22, 2016).
ALJ Alessandra F. Zorgniotti found that respondent, a graphic artist, engaged in disrespectful conduct and disruptive and threatening behavior that caused other employees to feel unsafe. Throughout respondent’s eight year tenure, respondent had been formally disciplined on five prior occasions for similar misconduct. ALJ Zorgniotti recommended termination of employment. Admin. for Children’s Servs. v. Yu, OATH Index No. 1924/16 (Sept. 1, 2016).
ALJ Garcia found that petitioner failed to prove that respondent, a licensed practical nurse, used profane language or was verbally and physically abusive towards a patient. Petitioner did not present reliable evidence as to the patient’s injury or that respondent was the person who committed the misconduct alleged. In contrast, respondent credibly testified about her interactions with the patient in which she denied any wrongdoing. The uncorroborated and unreliable double hearsay was insufficient to establish that respondent made threatening remarks towards an employee and a potential witness. ALJ Garcia recommended the charges be dismissed and respondent’s pay for pre-hearing suspension be restored. Health & Hospitals Corp. (Henry J. Carter Specialty Hospital & Nursing Facility) v. Johnson, OATH Index No. 1415/16 (Sept. 20, 2016), adopted, Hosp. Determination (Oct. 19, 2016).