Drug-related dismissal of school custodian upheld

On Board Online • November 19, 2012

By Pilar Sokol
Deputy General Counsel

A state appellate court has upheld the termination of a school custodian found to have possessed and used crack cocaine. In McKenzie v. Board of Educ. of the City School Dist. of Albany, the police found the custodian in possession of 3.5 grams of crack cocaine during his arrest in connection with a domestic violence complaint.

Based on those circumstances, the district charged him with conduct unbecoming a school district employee and misconduct, and dismissed him after adopting the recommendations of a hearing officer following a disciplinary hearing conducted under the state’s Civil Service Law.

Although the custodian denied ever using cocaine while actually working as a custodian, the Appellate Division of state Supreme Court, Third Department, upheld his termination explaining it was “self-evident that allowing someone addicted to such an illegal substance to have daily contact with students is incompatible with their best interests.”

The court found additional support to justify termination in other incidents of employment misconduct and a second charge of possession of illegal drugs following his completion of a drug rehabilitation program after his arrest.