Fairview Hospital & Training Center v. Stanton

The simple facts of this case put the more complicated issue in perspective. A resident of Fairview Hospital and Training Center claimed that respondent, a Fairview employe, struck him. Respondent emphatically denied he struck the resident. The only other evidence was that there was a red mark on the complaining resident and that the resident in question may have been in some kind of altercation with other residents the day of the alleged assault.

Respondent’s supervisors chose to believe the resident’s version and suspended respondent for one day without pay.1 Respondent sought review by the…