Wednesday, November 2, 2011

Grave Misconduct

A misconduct is grave where the elements of corruption, clear intent to violate the law or flagrant disregard of the established rule are present. While great respect is accorded to the factual findings of administrative agencies that misconduct was committed, but no substantial evidence was adduced to support the elements of corruption, clear intent to violate the law or flagrant disregard of the established rule, then the offense cannot be characterized as grave. It is only simple misconduct.

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