Bott v. Board of Education

In an article 78 proceeding, the Board of Education of Deposit Central School District appeals from a judgment which, while confirming so much of the determination of the board as sustained a charge of incompetence and professional misconduct lodged against the petitioner, a tenured teacher, annulled so much of it as sustained two charges *267relating to physical abuse of his students. The Appellate Division also reduced the penalty from dismissal as of the date of filing of the charges to three months’ suspension without pay.

The principal issue is whether the excessive use of force against…