Can the DOE prevent a vendor from access to its schools without a full evidentiary hearing?

Yes. Petitioners, school photography vendors, sought reinstatement as a DOE vendor in FAMIS after they claimed that the DOE arbitrarily declared them to be a “non-responsible vendor.”

The president of the photography vendor admitted that, “he had continued to send a certain photographer to work in DOE schools after becoming aware that the photographer had been accused of touching a student’s breast five years earlier and had pleaded guilty to the charge of endangering the welfare of a child.”

The petitioners argued that the DOE did not provide them with a hearing or notice of its designation as a non-responsible vendor in violation of their due process rights.

The Court held that the DOE was not required to provide a full evidentiary hearing since the vendor had no property interest in any public contract. It also recognized the DOE’s obligations to provide a safe place for students when evaluating the responsibility of its vendors.

EDWARD M. THORNTON and THORNTON’S CLASSIC STUDIO, Petitioners/Plaintiffs, v. NEW YORK CITY DEPARTMENT OF EDUCATION, DAVID N. ROSS, and JAMILLA SIMMS, Respondents/Defendants.Docket No. 156571/2016, Motion Seq. No. 001. 2017 NY Slip Op 30971(U)Supreme Court, New York County.Motion May 9, 2017.Filed May 10, 2017.