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Two ‘Lesbian’ Teachers Accused Of Kissing Naked Together In Classroom Were ‘Irrationally’ Fired, Decides Judge

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Two female teachers at James Madison High School, Cindy Mauro and Alini Brito, were given a two-year- suspension and a one-year suspension after a janitor said he saw the two “having a naked romp” in a classroom in November 2009. According to NY Daily News, the janitor testified that she looked into the classroom and saw “a blonde haired woman and a brunette haired woman” who were “naked from the waist up. She insisted she saw their breasts and nipples.” After running to get assistance from other co-workers, and when she looked into the classroom again she saw “the brown-haired woman stumbling as she was getting dressed.”

Mauro and Brito, however, claimed that Brito was having problems with low blood sugar and that they had retreated to the classroom in order to better assist her:

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She said they needed to “go to room 337 to get sugar and to have privacy. She said that she had Ms. Brito lay down to address her condition, and that she shut off the lights because the light was bothering her.”

Two hearing officers who heard the case didn’t buy the teachers’ story.

“Respondent invented an entirely false narrative on the stand to defend against the charges of inappropriate behavior. This story, involving a contrived medical emergency about low blood sugar, was exposed under oath during a revealing cross-examination, when respondent was unable to explain, among other things, the inconsistencies between her story and the story told by Ms. Brito.”(via)

Initially the two were fired, but were successful in suing to get their jobs back, ending in Mauro receiving a two-year suspension and Brito receiving only one. Now, a Manhattan judge has ruled that Mauro’s suspension by a Department of Education hearing officer for the reasons stated was “irrational” when Brito was only suspended for one year:

Schlesinger upheld the one-year penalty on Brito, but said there was nothing in the record to support the role model complaint about Mauro.

She also said DOE’s disciplinary system, which has hearing officers conduct fact finding and imposing punishment simultaneously, makes it difficult for offenders to apologize when they’re focused on denying the charges against them.

Schlesinger noted that the Appellate Division decisions in both cases used almost identical language and so “it makes no sense for Mauro’s suspension to be double that of Brito’s.”(via)

Both teachers have complained about not receiving back pay for the years they were kept out of the classroom, however Supreme Court Justice Alice Schlesinger declined to address the issue without being properly informed on the matter.

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City officials have yet to make any comments.

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