Nolo Contendere is Latin for “I
will not contest it.”
A
decision of the Commissioner of Education involving “student
discipline” in which the Commissioner considered a plea of “no contest” is Decisions of the
Commissioner 16,385, posted on the Internet at http://www.counsel.nysed.gov/Decisions/volume52/d16385.html. Here the Commissioner noted “no contest” pleas in student disciplinary proceedings … have
been upheld as valid when entered into knowingly and voluntarily.”
Other decisions in which the Commissioner considered a plea of “no
contest” include: Decision No. 16,101; Decision No. 15,841; Decision No. 15,122; Decision No. 14,529; Decision No. 14,305; and Decision No. 14,217
With respect to “settling an employee disciplinary
action,” the decision in Taylor v Cass, 505 NY2d 929, indicates that the terms and
conditions of such a settlement authorizing the termination of the employee without notice and
hearing are strictly construed.
The stipulation of
settlement provided that Taylor
would be terminated “without another hearing” if, during his
disciplinary probationary period, his job performance, in the opinion of his
supervisor, was “adversely affected” by his “consumption of
alcohol”.
Served with a “notice of infraction” of the terms of his disciplinary probation, Taylor was
summarily terminated from his position for “failing to give a fair day’s work” and “sleeping
during [the] scheduled working hours” without a disciplinary hearing.
Significantly, the letter of termination sent to Taylor
failed to state that intoxication was the reason for his dismissal. The
decision by the Court of Appeals indicated that Taylor was terminated “solely
for the reasons set forth in the notice of infraction”, i.e., “failing
to give a fair day’s work” and “sleeping during [his] scheduled
working hours”.
In the words of the Court of Appeals, “Under the circumstances, [Taylor] should not have been dismissed
without a hearing….”