After Lawsuit HFCS Reinstates Dennis James

by Alex Brooks
The Hoosick Falls School Board reinstated a member of the District’s custodial staff, Dennis James, after his attorney successfully challenged his dismissal in court, and the District was ordered to impose a less severe penalty.
[private]Superintendent Ken Facin had initiated a disciplinary hearing after James was involved in a domestic dispute in February of 2010 which resulted in serious injury to his girlfriend. She was hospitalized with fractured ribs. Although several different versions of the incident were told at different times by James and his girlfriend, and it was unclear whether James intended to injure her, the hearing officer determined that the two had a physical altercation during which he “threw her to the floor, causing her injuries.” The hearing officer recommended his dismissal, and the Board of Education acted on January 20, 2011 to terminate his employment, citing the hearing officer’s findings.
James sued the District, and recently the Appellate Division of the New York Supreme Court ordered that he be reinstated and the District impose a less severe penalty. The opinion did not dispute the Hearing Officer’s findings as to what happened but found the penalty imposed to be “disproportionate” to the circumstances, recalling that James had worked for the District for 20 years without any incidents of misconduct, that the prosecutor did not pursue criminal charges over the incident, that James’ girlfriend “instigated” the altercation and struck him before he pushed her to the ground, that the incident did not involve anyone at the school nor did it take place at the school, that none of his co-workers at the school expressed any concern about working with him and that no evidence was offered suggesting that he posed any danger to students at the school.
The School Board passed a motion this week reinstating James to his job. The penalty imposed instead was fourteen months suspension without pay. The District acknowledged that James is entitled to lost wages for a period of one month and 12 days, as he has been out of his job from January 20, 2011, until April 9 of this year.[/private]