Respondent's outburst was made in the presence of some students and a teacher. I-A was not proven and held that if proven, it would not have warranted further disciplinary action. The panel recommended a penalty of 30 days' suspension without pay. As noted above, petitioner does not dispute the panel's findings. Instead, the board asserts that the panel's penalty recommendation is disproportionate to the offenses.
Petitioner thus seeks to increase the penalty to a one-year suspension.
Respondent counters that the actions giving rise to the charges are isolated instances in his career and that any greater penalty would be punitive. Under the circumstances, a thirty-day suspension without pay seems appropriate to impress upon respondent the seriousness of the offense and to discourage respondent from such conduct in the future. Accordingly, I find no basis to substitute my judgment for that of the panel.