Justice Joan Lobis
Tenured teacher Maniaci moved to vacate an arbitration decision which found he engaged in misconduct and imposed a $10,000 fine. Department of Education (DOE) cross-moved to dismiss the petition arguing it failed to state a cause of action. A hearing was conducted after another teacher filed a complaint against Maniaci. The arbitrator sustained certain specifications preferred against Maniaci, while dismissing others, finding that while his conduct constituted “communication of a sexual nature,” they were “isolated instances of inappropriate conduct” and did not create a hostile or offensive work environment that was alleged in the specifications. The court found Maniaci failed to meet his burden, noting his claims the arbitrator’s findings were improper were flatly contradicted by the record. Further, the court did not find the $10,000 penalty imposed shocked the conscience, noting while it was harsher than the one Maniaci received previously for his misconduct, it was not his first time having charges against him, and there were more incidents of misconduct that were of a sexual nature. Also, the arbitrator chose the lesser penalty of a fine over DOE’s suggestion of termination. Thus, dismissal was granted.
