Administrative Law Keyed to Lawson
Gilbert v. Homar
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Respondent was charged with possession of marijuana, possession with intent to deliver, and criminal conspiracy to violate the controlled substance law, which is a felony. After the charges were dropped, the suspension continued while ESU continued its own investigation. Respondent was allowed to meet with ESU officials to tell his side of the story, but was not told they had the record including his alleged confession from the day of the arrest (and so did not get to respond to the police report). Respondent was notified by letter that he was demoted to the position of groundskeeper the next day, and would receive backpay from the date of suspension at the rate of pay of a groundskeeper. Respondent’s union requested a meeting with ESU President Gilbert after that, but Gilbert sustained the demotion after providing Respondent an opportunity to respond to the charges. The United States District Court for the Middle District of Pennsylvania entered summary judgment for ESU, and the Court of Appeals reversed.
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