New Hampshire Department of Corrections v. Susan Asselin Butland

Summary

The court affirmed the superior court’s order setting aside the Human Rights Commission’s damages award because the defendant failed to preserve her due process challenge and the record supported the conclusion that the Department of Corrections took prompt and appropriate remedial action. The Department began investigating on the day of the written complaint, completed the investigation two days later, disciplined the harassing officer, and removed him from the control post within hours of the defendant’s complaint. The court held that the law did not require the most severe available sanction or an investigation free from every alleged flaw.