New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 17 - Disciplinary Proceedings In The Professions › Section 17.7 - Violation of probation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon
				the receipt of information indicating that the respondent may be in violation
				of any of the terms or conditions of respondent's probation, the department
				shall conduct an investigation.
(b)
				The director of the Office of Professional Discipline shall review the results
				of the investigation and if the director determines that a violation of
				probation proceeding is warranted, the director shall give notice to the
				respondent, by letter, of the facts forming the basis of the alleged violation
				of respondent's probation. The respondent, in said letter, shall be requested
				to indicate whether there is any dispute as to the facts, and shall be informed
				that if respondent disputes any of the facts the respondent shall be entitled
				to a hearing thereon.
(c) If the
				respondent does not dispute the facts forming the basis of the alleged
				violation of probation, the matter shall be submitted to the Regents Review
				Committee for its review and recommendations(s) as to whether, based upon the
				undisputed facts, there has been a violation of the terms or conditions of
				respondent's probation and, if so, as to the measure of discipline to be
				imposed upon the respondent.
(d) If
				the respondent disputes any of the facts forming the basis of the alleged
				violation of probation, the respondent shall be afforded a hearing before a
				hearing officer appointed by the commissioner to hear and make findings of
				fact, conclusions of law and recommendation(s). The department shall give the
				respondent at least 10 days' notice of the hearing, 15 if by mail. The evidence
				in support of the application shall be presented by counsel on behalf of the
				department and the respondent shall also have the right to be represented by
				counsel. The department and the respondent have the right to produce witnesses
				and other evidence, to cross-examine witnesses, and to examine any other
				evidence produced at the hearing. A stenographic record of the hearing will be
				made, and the hearing officer shall not be bound by the rules of evidence, but
				the findings of fact and conclusions of law of the hearing officer shall be
				based upon substantial evidence.
(e) The report of the hearing officer shall
				be reviewed by the Regents Review Committee.
(f) The Regents Review Committee shall notify
				the respondent, at least seven days before its meeting, of the time and place
				of such meeting, and shall also notify the respondent of the opportunity to
				appear in person and to be represented by counsel at such meeting.
(g) The Regents Review Committee shall
				transmit the report of the hearing officer and a written report of its review
				to the Board of Regents. The final determination shall be made by the Board of
				Regents, and the commissioner or his or her designee shall issue an order
				implementing such determination.
(h) The measure of discipline to be imposed
				for any violation of probation may be to continue the respondent on probation
				for a period in addition to the period of probation imposed in the original
				order, or to terminate the probation, vacate the stay of execution, and impose
				any measure of discipline authorized by section 6511  of the Education Law. A
				violation of probation shall constitute unprofessional conduct, and may
				constitute the basis for proceedings under either the provisions of section 6510  of the Education Law or of this Part.