N.Y. EDN. LAW § 3020-a : NY Code - Section 3020-A: Disciplinary procedures and penalties

1. Filing of charges.
  All charges against a person enjoying the benefits of tenure as provided
  in  subdivision  three  of  section  one  thousand  one hundred two, and
  sections two thousand five  hundred  nine,  two  thousand  five  hundred
  seventy-three,  twenty-five  hundred ninety-j, three thousand twelve and
  three thousand fourteen of this chapter shall be in  writing  and  filed
  with  the  clerk  or secretary of the school district or employing board
  during the period between the actual opening and closing of  the  school
  year  for  which  the  employed is normally required to serve. Except as
  provided in subdivision eight  of  section  two  thousand  five  hundred
  seventy-three  and  subdivision  seven  of  section  twenty-five hundred
  ninety-j of this chapter, no charges under this section shall be brought
  more than three years after the occurrence of the  alleged  incompetency
  or  misconduct,  except  when the charge is of misconduct constituting a
  crime when committed.
    2. (a) Disposition of charges. Upon receipt of the charges, the  clerk
  or secretary of the school district or employing board shall immediately
  notify  said  board  thereof. Within five days after receipt of charges,
  the employing board, in executive session, shall determine, by a vote of
  a majority of all the members of  such  board,  whether  probable  cause
  exists  to  bring a disciplinary proceeding against an employee pursuant
  to this  section.  If  such  determination  is  affirmative,  a  written
  statement  specifying  the  charges in detail, the maximum penalty which
  will be imposed by the board if the employee does not request a  hearing
  or  that  will be sought by the board if the employee is found guilty of
  the charges after a hearing and outlining the  employee's  rights  under
  this  section, shall be immediately forwarded to the accused employee by
  certified or registered mail, return receipt requested  or  by  personal
  delivery to the employee.
    (b) The employee may be suspended pending a hearing on the charges and
  the  final  determination  thereof.  The  suspension  shall be with pay,
  except the employee may be suspended without pay  if  the  employee  has
  entered  a  guilty  plea  to  or  has  been  convicted of a felony crime
  concerning the criminal sale or possession of a controlled substance,  a
  precursor of a controlled substance, or drug paraphernalia as defined in
  article  two  hundred twenty or two hundred twenty-one of the penal law;
  or a felony crime involving the physical abuse of a  minor  or  student.
  The  employee  shall be terminated without a hearing, as provided for in
  this  section,  upon  conviction  of  a  sex  offense,  as  defined   in
  subparagraph  two of paragraph b of subdivision seven-a of section three
  hundred five of this chapter. To the extent this section applies  to  an
  employee  acting  as a school administrator or supervisor, as defined in
  subparagraph three of paragraph b  of  subdivision  seven-b  of  section
  three  hundred  five  of this chapter, such employee shall be terminated
  without a hearing, as provided for in this section, upon conviction of a
  felony offense defined in subparagraph two of paragraph b of subdivision
  seven-b of section three hundred five of this chapter.
    (c) Within ten days of  receipt  of  the  statement  of  charges,  the
  employee  shall  notify the clerk or secretary of the employing board in
  writing whether he or she desires a hearing on the charges and when  the
  charges concern pedagogical incompetence or issues involving pedagogical
  judgment,  his  or  her  choice  of either a single hearing officer or a
  three member panel. All other charges shall be heard by a single hearing
  officer.
    (d) The unexcused failure of the  employee  to  notify  the  clerk  or
  secretary  of  his  or  her  desire for a hearing within ten days of the
  receipt of charges shall be deemed a waiver of the right to  a  hearing.
  Where  an employee requests a hearing in the manner provided for by this

  section, the clerk or secretary of the board shall, within three working
  days of receipt of the employee's  notice  or  request  for  a  hearing,
  notify  the  commissioner of education of the need for a hearing. If the
  employee  waives his or her right to a hearing the employing board shall
  proceed, within fifteen days, by a vote of a majority of all members  of
  such  board,  to  determine  the case and fix the penalty, if any, to be
  imposed in accordance with subdivision four of this section.
    3. Hearings. a. Notice of hearing. Upon receipt of  a  request  for  a
  hearing  in  accordance  with  subdivision  two  of  this  section,  the
  commissioner  of  education  shall   forthwith   notify   the   American
  Arbitration  Association  (hereinafter  "association") of the need for a
  hearing and shall request the association to provide to the commissioner
  forthwith a list of names of persons chosen by the association from  the
  association's panel of labor arbitrators to potentially serve as hearing
  officers   together  with  relevant  biographical  information  on  each
  arbitrator. Upon receipt of said list and biographical information,  the
  commissioner   of   education  shall  forthwith  send  a  copy  of  both
  simultaneously to the employing board and the employee.
    b. (i) Hearing officers. All hearings pursuant to this  section  shall
  be conducted before and by a single hearing officer selected as provided
  for in this section. A hearing officer shall not be eligible to serve as
  such  if  he or she is a resident of the school district, other than the
  city of New York, under the jurisdiction  of  the  employing  board,  an
  employee, agent or representative of the employing board or of any labor
  organization  representing employees of such employing board, has served
  as such agent or representative within two years  of  the  date  of  the
  scheduled hearing, or if he or she is then serving as a mediator or fact
  finder  in the same school district. Notwithstanding any other provision
  of law, the hearing officer shall be compensated by the department  with
  the  customary  fee paid for service as an arbitrator under the auspices
  of the association for each day of actual service plus necessary  travel
  and  other reasonable expenses incurred in the performance of his or her
  duties. All other expenses of the disciplinary proceedings shall be paid
  in accordance with rules promulgated by the commissioner of education.
    (ii) Not later than ten days after the date the commissioner mails  to
  the  employing  board  and  the  employee  the list of potential hearing
  officers  and  biographies  provided  to   the   commissioner   by   the
  association,  the  employing  board  and  the  employee, individually or
  through their agents  or  representatives,  shall  by  mutual  agreement
  select a hearing officer from said list to conduct the hearing and shall
  notify the commissioner of their selection.
    (iii)  If  the  employing  board  and the employee fail to agree on an
  arbitrator to serve as a hearing officer from said list  and  so  notify
  the  commissioner  within  ten  days  after  receiving the list from the
  commissioner, the commissioner shall request the association to  appoint
  a hearing officer from said list.
    (iv)  In  those cases in which the employee elects to have the charges
  heard by a hearing panel, the hearing panel shall consist of the hearing
  officer,  selected  in  accordance  with  this  subdivision,   and   two
  additional persons, one selected by the employee and one selected by the
  employing  board,  from  a  list  maintained  for  such  purpose  by the
  commissioner of education. The list shall be  composed  of  professional
  personnel    with    administrative   or   supervisory   responsibility,
  professional   personnel   without   administrative    or    supervisory
  responsibility, chief school administrators, members of employing boards
  and others selected from lists of nominees submitted to the commissioner
  by  statewide organizations representing teachers, school administrators
  and supervisors and the employing boards. Hearing  panel  members  other

  than  the  hearing  officer  shall  be  compensated by the department of
  education at the rate of one hundred dollars  for  each  day  of  actual
  service  plus  necessary  travel  and  subsistence expenses. The hearing
  officer  shall  be  compensated  as  set  forth in this subdivision. The
  hearing officer shall be the chairman of the hearing panel.
    c. Hearing procedures. (i) The commissioner of  education  shall  have
  the power to establish necessary rules and procedures for the conduct of
  hearings  under  this  section.  Such rules shall not require compliance
  with technical rules of evidence. Hearings shall  be  conducted  by  the
  hearing  officer  selected  pursuant  to paragraph b of this subdivision
  with full and fair disclosure of the nature of  the  case  and  evidence
  against  the  employee  by  the  employing  board and shall be public or
  private at the discretion of the employee. The  employee  shall  have  a
  reasonable  opportunity  to defend himself or herself and an opportunity
  to testify in his or her own behalf. The employee shall not be  required
  to  testify.  Each  party  shall  have  the  right  to be represented by
  counsel, to subpoena witnesses,  and  to  cross-examine  witnesses.  All
  testimony  taken shall be under oath which the hearing officer is hereby
  authorized to administer. A competent stenographer,  designated  by  the
  commissioner  of  education  and  compensated  by  the  state  education
  department, shall keep and transcribe a record  of  the  proceedings  at
  each  such hearing. A copy of the transcript of the hearings shall, upon
  request, be furnished without charge to the employee and  the  board  of
  education involved.
    (ii)  The  hearing  officer  selected  to conduct a hearing under this
  section shall, within ten to fifteen days of agreeing to serve as  such,
  hold a pre-hearing conference which shall be held in the school district
  or  county  seat  of  the  county,  or any county, wherein the employing
  school board is located. The pre-hearing conference shall be limited  in
  length  to  one  day  except  that  the  hearing  officer, in his or her
  discretion, may allow one additional day for good cause shown.
    (iii) At the pre-hearing conference the hearing officer shall have the
  power to:
    (A) issue subpoenas;
    (B) hear and decide all motions, including but not limited to  motions
  to dismiss the charges;
    (C)  hear  and  decide  all  applications  for  bills of particular or
  requests for production of materials or information, including, but  not
  limited   to,  any  witness  statement  (or  statements),  investigatory
  statement (or statements) or note (notes), exculpatory evidence  or  any
  other  evidence,  including  district  or  student records, relevant and
  material to the employee's defense.
    (iv) Any pre-hearing motion or application relative to the sufficiency
  of the charges, application or amendment  thereof,  or  any  preliminary
  matters shall be made upon written notice to the hearing officer and the
  adverse  party  no  less  than  five  days  prior  to  the  date  of the
  pre-hearing conference. Any pre-hearing motions or applications not made
  as provided for herein shall be deemed waived except for good  cause  as
  determined by the hearing officer.
    (v)  In  the  event  that  at the pre-hearing conference the employing
  board presents evidence that the professional license  of  the  employee
  has  been revoked and all judicial and administrative remedies have been
  exhausted or foreclosed, the hearing officer shall  schedule  the  date,
  time  and  place  for an expedited hearing, which hearing shall commence
  not more than seven days after  the  pre-hearing  conference  and  which
  shall  be limited to one day. The expedited hearing shall be held in the
  local school district or county  seat  of  the  county  or  any  county,
  wherein the said employing board is located. The expedited hearing shall

  not  be  postponed  except upon the request of a party and then only for
  good cause as determined by the hearing officer. At such  hearing,  each
  party shall have equal time in which to present its case.
    (vi)  During  the  pre-hearing  conference,  the hearing officer shall
  determine the reasonable amount of time necessary for a final hearing on
  the charge or charges and  shall  schedule  the  location,  time(s)  and
  date(s)  for  the  final hearing. The final hearing shall be held in the
  local school district or county seat  of  the  county,  or  any  county,
  wherein  the  said  employing school board is located. In the event that
  the hearing officer determines that the nature of the case requires  the
  final hearing to last more than one day, the days that are scheduled for
  the  final  hearing  shall be consecutive. The day or days scheduled for
  the final hearing shall not be postponed except upon the  request  of  a
  party  and  then  only for good cause shown as determined by the hearing
  officer. In all cases, the final hearing shall  be  completed  no  later
  than  sixty  days  after  the  pre-hearing conference unless the hearing
  officer determines that extraordinary circumstances  warrant  a  limited
  extension.
    4.  Post  hearing  procedures.  (a) The hearing officer shall render a
  written decision within thirty  days  of  the  last  day  of  the  final
  hearing,  or in the case of an expedited hearing within ten days of such
  expedited hearing, and shall forthwith forward a  copy  thereof  to  the
  commissioner  of  education  who shall immediately forward copies of the
  decision to the employee and to the clerk or secretary of the  employing
  board. The written decision shall include the hearing officer's findings
  of  fact  on  each  charge,  his  or her conclusions with regard to each
  charge based on said findings and shall  state  what  penalty  or  other
  action, if any, shall be taken by the employing board. At the request of
  the employee, in determining what, if any, penalty or other action shall
  be  imposed,  the hearing officer shall consider the extent to which the
  employing board made efforts towards  correcting  the  behavior  of  the
  employee  which  resulted  in  charges  being brought under this section
  through  means  including  but  not  limited   to:   remediation,   peer
  intervention  or  an  employee  assistance  plan. In those cases where a
  penalty is imposed, such penalty may be a  written  reprimand,  a  fine,
  suspension for a fixed time without pay, or dismissal. In addition to or
  in  lieu  of the aforementioned penalties, the hearing officer, where he
  or she deems appropriate, may impose upon the employee  remedial  action
  including  but  not  limited  to  leaves of absence with or without pay,
  continuing education and/or study, a requirement that the employee  seek
  counseling or medical treatment or that the employee engage in any other
  remedial or combination of remedial actions.
    (b)  Within  fifteen days of receipt of the hearing officer's decision
  the employing board shall implement the decision.  If  the  employee  is
  acquitted  he  or she shall be restored to his or her position with full
  pay for any period of suspension without pay and  the  charges  expunged
  from the employment record. If an employee who was convicted of a felony
  crime specified in paragraph (b) of subdivision two of this section, has
  said  conviction  reversed,  the  employee,  upon  application, shall be
  entitled to have his pay and other emoluments restored, for  the  period
  from the date of his suspension to the date of the decision.
    (c)  The hearing officer shall indicate in the decision whether any of
  the charges brought by the employing board were frivolous as defined  in
  section  eight  thousand three hundred three-a of the civil practice law
  and rules. If the hearing officers finds that all of the charges brought
  against the employee were frivolous, the hearing officer shall order the
  employing  board  to  reimburse  the  state  education  department   the
  reasonable  costs said department incurred as a result of the proceeding

  and to reimburse the employee the reasonable costs,  including  but  not
  limited   to  reasonable  attorneys'  fees,  the  employee  incurred  in
  defending the charges. If the hearing officer finds that  some  but  not
  all  of  the  charges  brought  against the employee were frivolous, the
  hearing officer shall order the employing board to reimburse  the  state
  education  department  a  portion,  in  the  discretion  of  the hearing
  officer, of the reasonable costs said department incurred as a result of
  the  proceeding  and  to  reimburse  the  employee  a  portion,  in  the
  discretion  of  the  hearing officer, of the reasonable costs, including
  but not limited to reasonable attorneys' fees, the employee incurred  in
  defending the charges.
    5.  Appeal.  Not  later  than  ten  days  after receipt of the hearing
  officer's decision, the employee or the  employing  board  may  make  an
  application  to the New York state supreme court to vacate or modify the
  decision of the hearing officer pursuant to section seven thousand  five
  hundred  eleven  of the civil practice law and rules. The court's review
  shall be limited to the grounds set forth in such section.  The  hearing
  panel's  determination  shall  be  deemed to be final for the purpose of
  such proceeding. In no case shall the  filing  or  the  pendency  of  an
  appeal delay the implementation of the decision of the hearing officer.