Founded in 1917, the New York State Police are entrusted with the mission "to protect and defend the people while preserving the rights and dignity of all." Occasionally, a State Trooper will stray from that stated goal, as was demonstrated by the Appellate Division's decision in Matter of McKinney v. Bennett. In that case, the officer was accused of having engaged in "inappropriate sexual advances" made against two of his coworkers. After a disciplinary complaint was filed, and hearing held, several charges were sustained against the Trooper and termination of his employment was recommended. Seeking to have the hearing board's decision annulled, the officer filed a lawsuit with the Albany County Supreme Court, which transferred the matter to the Appellate Division, Third Department.
According to the appellate court's record, the Trooper forcibly placed a female officer's hand on his crotch so that "she could feel his erect penis;" conduct which would constitute a crime under New York's Penal Law (sexual abuse in the third degree, Penal Law section 130.55*). The Appellate Division also found that the evidence supported the hearing board's finding that the Trooper had sexually harassed a female sergeant. The decision recounts that incident as follows:
The evidence also established that petitioner engaged a female sergeant in a conversation which amounted to sexual harassment in violation of State Police policy. During the conversation, petitioner asked the sergeant if she had ever had sex with a black man, implied that he had large genitals, asked her to go out with him or have a casual sexual relationship with him, accused her of being racist for not sleeping with him and told her that she might as well sleep with him because he had already informed everyone at the station that he would have her. While the sergeant acknowledged that she was not uncomfortable during the initial portions of the conversation, it escalated to a point where she became uncomfortable, informed petitioner that the conversation was not appropriate, and she ultimately left the area. This evidence supported the sustained charges.Ultimately, the Appellate Division decided that the hearing board's dismissal recommendation was appropriately premised and did "not shock [the Court's] sense of fairness...."
For a copy of the Appellate Division's decision in Matter of McKinney v. Bennett, please click on the following link:
http://www.nycourts.gov/reporter/3dseries/2006/2006_05274.htm
To visit the New York State Division of State Police's website, please click on the following link:
http://www.troopers.state.ny.us/
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*Section 130.55 Sexual abuse in the third degree.
A person is guilty of sexual abuse in the third degree when he or she subjects another person to sexual contact without the latter's consent; except that in any prosecution under this section, it is an affirmative defense that (a) such other person's lack of consent was due solely to incapacity to consent by reason of being less than seventeen years old, and (b) such other person was more than fourteen years old, and (c) the defendant was less than five years older than such other person. Sexual abuse in the third degree is a class B misdemeanor.