Powell v. Board of Higher Education

In this article 78 proceeding petitioner seeks to be reinstated to his former position as President of Kingsborough Community College on grounds that no formal charges were served upon him as required by article VII of respondent’s by-laws. Nor was there a formal hearing held pursuant to same. However, it is the respondent’s position based upon a construction of said by-laws that procedural and substantive due process do not extend to petitioner under circumstances which involve removal from an administrative position only. Chief educational officers, it is alleged; are subject to removal…