A well-regarded high school math teacher unintentionally displayed an inappropriate picture in class. The mishap occurred because the teacher did not realize personal pictures would sync with the camera roll he used in a class presentation. The District terminated the teacher on the grounds of “neglect of duty,” “immorality” and “inadequate performance.” The Fair Dismissal Appeals Board panel unanimously ruled in favor of the teacher and reinstated him with full back pay. The Board held that the District failed to prove that the educator engaged in the kind of “intentional” or fault-worthy conduct that is necessary to warrant termination under applicable standards. It also noted that the District had never terminated an employee for unintentional conduct. To the contrary, the record established that the District had a history of imposing progressive discipline, even for intentional conduct negatively impacting students. As part of the resolution of the matter, the teacher contributed significant back pay to a scholarship fund.
Mishap with Technology Does Not Justify Termination
