A fifth-grade teacher who posted on Facebook that her students are "all the devils [sic] spawns" and that she wished they would drown cannot be fired, a unanimous state appellate panel ruled yesterday, affirming a lower court judge.
The Appellate Division, First Department, held in Rubino v. City of New York, 107292/11, that firing Christine Rubino for her comments was "shocking to one’s sense of fairness" given "the lack of a prior disciplinary history during petitioner’s 15-year career, and her expression that she would never do something like this again."
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