In finding petitioner guilty of certain charges, the panel determined that she used excessive force and that her expressions of anger constituted improper behavior. The panel's decision recommending petitioner's termination was based, in part, on its finding that she expressed no remorse for her behavior. Petitioner does not dispute the panel's findings. Instead, she asserts that the actions giving rise to the charges were isolated incidents. As such, she argues that the panel's recommendation to dismiss her was disproportionate to the offense.
Petitioner seeks a suspension in lieu of dismissal.
Respondent asserts that petitioner's claim that her misconduct did not constitute a pattern of behavior is not supported by the record and that the panel's dismissal recommendation was appropriate. To support its contentions, respondent provides, with its pleadings, copies of letters to petitioner warning her against the use of corporal punishment. Those documents, however, were not introduced before the hearing panel. As a threshold matter, petitioner objects to respondent's effort to introduce new evidence on appeal that could have been submitted to the hearing panel. Because the documents in question were available at the time of the hearing but were not offered into evidence, they will not be considered here.