Opinion
April 27, 1998
Ordered that the judgment is affirmed, with costs.
We reject the petitioner's contention that Vassar College (hereinafter Vassar) failed to substantially observe its own procedures for disciplining faculty (see, Tedeschi v. Wagner Coll., 49 N.Y.2d 652, 660). Further, the determination that the petitioner violated Vassar's policy prohibiting harassment "was based upon the exercise of honest discretion after a full review of the operative facts" (Matter of Galiani v. Hofstra Univ., 118 A.D.2d 572, citing Matter of Harris v. Trustees of Columbia Univ., 62 N.Y.2d 956, revg 98 A.D.2d 58, 67-73, for reasons stated in dissent of Kassal, J., at App. Div.) and was therefore neither arbitrary nor capricious (see, Matter of Patti Ann H. v. New York Med. Coll., 88 A.D.2d 296, 301, affd 58 N.Y.2d 734; Matter of Carr v. St. John's Univ., 17 A.D.2d 632, affd 12 N.Y.2d 802). Finally, we find that the punishment imposed was not excessive under the circumstances (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 802).
In light of this determination, we decline to reach the parties' remaining contentions.
Bracken, J.P., Thompson, Pizzuto and Florio, JJ., concur.