Labor & Employment Law

Volunteer does not have right to administrative due process upon termination

By Harvey Randall, Esq.

Volunteer does not have right to administrative due process upon termination
Matter of Watkins v New York City Dept. of Educ., 2008 NY Slip Op 01627, Appellate Division, First Department, Decided on February 26, 2008

Edward Watkins sued the New York City Department of Education after it placed him on its Ineligible/Inquiry List after finding that he had engaged in inappropriate and extensive telephone contact with four female students while serving as a volunteer coach for a girls' basketball team at a public high school.

The Appellate Division ruled that the Department?s determination was rationally based and amply supported by the undisputed telephone records. The court rejected Watkins? claim that he was entitled to be heard prior to the Department?s making its determination as he had no legitimate claim of entitlement to continue his role as a volunteer coach.

The decisions also notes that because Watkins "has not denied the truth of the central factual assertions" which formed the basis for the Department?s action, he cannot state a "stigma-plus" due process claim nor may the Department be held responsible for any speculation or rumors that may have been spread by members of the school community concerning the matter.

Full post as published by New York Public Personnel Law on March 05, 2008 (boomark / email).