Seyler v. Pennsylvania Board of Probation and Parole

In Seyler v. Pennsylvania Board of Probation and Parole, 97 Pa. Commw. 302, 509 A.2d 438 (Pa. Cmwlth. 1986), the Court held a parolee engaged in assaultive behavior when he disciplined his stepson by striking him with a belt. In Pennsylvania, parents are permitted to use corporal punishment to discipline their children as long as the punishment is not malicious. On appeal, the parolee argued the Board had to find he acted with malicious intent when he struck his stepson in order to conclude he engaged in assaultive behavior. The Court, however, disagreed. The Court concluded "the burden of proving malicious intent belonged to the police, Children and Youth Services, and the stepson's school. The Board's role was to determine whether the petitioner had violated a general condition of his parole by failing to refrain from assaultive behavior." Id. at 440. The Court explained it is well within the broad discretion of the Board to demand strict compliance with the terms of its conditions, and to punish for any noncompliance, regardless of the reasons therefore. Id.