Matter of Angarano v. Harrison Cent. School Dist. (Special Term, Westchester County)
Petitioner was a probationary employee of Respondent School District. During his probationary period, Petitioner was accused of sexual harassment by two co-workers and subsequently terminated based on Respondents’ findings during the investigation of the sexual harassment claims. Petitioner sought reinstatement claiming that Respondents’ decision to terminate him was in bad faith because it was not based on the sexual harassment claims, but, instead, those claims were solicited and used as a pretext for respondent to terminate Petitioner. The Court found for Respondents, but never reached the merits of the case. Instead, it dismissed Petitioner’s claim for failure to file a notice of claim to the School District within the appropriate three month time period. While not deciding the case on the issue of whether termination was proper, the court discussed that issue and reasoned Respondents’ decision was based in good faith and neither arbitrary nor capricious, so still would be upheld.
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