63 Pa. Commw. 275 | Pa. Commw. Ct. | 1981
Opinion by
This is an appeal from an adjudication and order of the State Civil Service Commission (Commission) which affirmed the dismissal of Danny Wilson (petitioner) from his position as a Police Officer I, regular status, at Clarion State College (Clarion). We affirm.
On April 27, 1979, Mr. Eshbaugh and Charles Leach, Clarion’s Vice President for Administration, met with petitioner to discuss the student’s allegations. At this meeting, petitioner admitted that he had called the student and that he had mentioned the possibility of using his master key to enter her room the night before.
Before this Court, petitioner raises a single issue for our consideration, that being whether or not the Commission erred as a matter of law by concluding that Clarion’s dismissal did not impermissibly infringe upon his fifth amendment privilege against self-incrimination. Since we believe that Clarion’s actions were not constitutionally impermissible, we will affirm.
In his brief to this Court, petitioner cites the United States Supreme Court’s decision in Uniformed
In the present case, unlike in Uniformed Sanitation Men Association, Inc., it is clear that petitioner was not dismissed solely because he had asserted his fifth amendment privilege against self-incrimination, but instead was dismissed because the serious charges made against him, coupled with his refusal to respond to these charges, created an appearance of impropriety which clearly reduced his effectiveness as a security guard.
Furthermore, it is clear that it was not constitutionally impermissible for the Commission to take a negative inference from petitioner’s refusal to testify since “the Fifth Amendment does not forbid adverse inferences against parties to civil actions when they refuse to testify in response to probative evidence offered against them. ...” Baxter v. Palmigiano, 425 U.S. 308, 318 (1976); Chambers v. Montgomery, 411 Pa. 339,192 A.2d 355 (1963).
Accordingly, we find no merit in petitioner’s assertion that his dismissal impermissibly infringed upon his fifth amendment privilege against self-incrimination, and will therefore enter the following
Oeder
And Now, December 18, 1981, the adjudication and order of the State Civil Service Commission, Appeal No. 2804, dated April 25,1980, is affirmed.
Petitioner apparently alleged, however, that he would only have used his key if he had been invited to do so.
Petitioner initially appealed pursuant to both Section 951(a) and Section 951(b) of the Civil Service Act, Act of August 5, 1941, P.L. 752, as amended, 71 P.S. §§741.951(a), 741.951(b). Petitioner subsequently withdrew his Section 951(b) appeal, and the Commission accordingly limited itself to petitioner’s Section 951(a) appeal.
U.S. Const, amend. V.