Burke v. Tappan

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: We conclude that there is substantial evidence to support respondent’s determination sustaining six charges of sexual harassment against petitioner. The penalty of demotion to the position of Correction Officer is not so disproportionate to the charged conduct as to be shocking to one’s sense of fairness (see, Matter of Pell v Board of Educ., 34 NY2d 222, 233). Further, respondent did not abuse her discretion in imposing a penalty more severe than the Hearing Officer’s recommendation (see, Matter of Comeau…