Petitioner also alleges that on a prior occasion in April 1998, respondent engaged in similar conduct by making a sexually derogatory and intimidating statement to trustee Srulevich at a board meeting. Petitioner also alleges that respondent's conduct, if unaddressed by the board, may subject the school district to potential liability under Title VII of the Civil Rights Act of 1964, and would undercut its ability to enforce its policies relating to sexual harassment. Petitioner requests that a formal hearing be held and that respondent be removed from office as a trustee and member of the board of education and that the position of trustee currently held by respondent be declared vacant. In the alternative, petitioner requests that respondent be appropriately disciplined for his conduct and statements. A member of the board of education may be removed from office pursuant to Education Law 306 when it is proven to the satisfaction of the Commissioner that the board member has engaged in a willful violation or neglect of duty under the law or has willfully disobeyed a decision, order, rule or regulation of the Board of Regents or the Commissioner of Education.
Petitioner alleges that respondent's conduct violates the Penal Law.
School board members are local officials who take an oath of office to exercise their duties. School boards have the duty and authority to adopt policies, rules and bylaws to discharge their duties, which include educational standards, budget matters, management issues and health and safety rules that secure the best educational results for students in their charge. To that end, a board member has a duty to proceed with constructive discussions aimed at achieving the best possible governance of the school district. Ms. Srulevich was sitting on the opposite side of the board table, three seats down from respondent, and that no physical contact occurred between the two. 469, cited therein.