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In the Matter of BARBARA BORKHUIS, Petitioner, v. WILLIAM F. QUINN et al., Constituting the Board of Education of Wayne Central School District, Respondents.

Determination unanimously modified on the law and as modified confirmed without costs, and matter remitted to respondents for further proceedings, in accordance with the following memorandum: The determination that petitioner, a school bus driver, was guilty of three charges of misconduct is supported by substantial evidence. However, since petitioner had an excellent driving record for 20 years and has received awards and commendations for her work, the penalty of dismissal is so disproportionate to the offense as to be shocking to one's sense of fairness (Matter of Pell v Board of Educ., 34 N.Y.2d 222, 233-234). Therefore, we remit the matter to respondents for imposition of an appropriate sanction. Under the circumstances, we consider a suspension without pay for 12 months to be the most severe sanction that should be imposed (see, Matter of Harris v Mechanicville Cent. School Dist., 45 N.Y.2d 279, 285; Matter of Gross v Mariglio, 149 A.D.2d 922, 923). We have examined petitioner's remaining contention and find it lacking in merit.

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MATTER OF BORKHUIS v. QUINN
(Feb 2, 1990)