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In the Matter of KENNETH WEINSTEIN, Respondent-Appellant, v. DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, Appellant-Respondent.

Whatever the applicable standard of review in a compulsory arbitration proceeding, there is no rational basis in the evidence adduced for a finding that petitioner, a teacher with a 30-year history of exemplary service in the teaching profession, improperly used physical force against the complainant in violation of the regulations of the now Department of Education.

Even if there were any support for such a finding, under the circumstances, where petitioner was carrying out his assigned duty of denying access to a locker room to all but gym class students, we would agree with Supreme Court that the penalty imposed was excessive and shocking to one's conscience.

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IN RE WEINSTEIN
(Jun 9, 2005)