The Sacramento City Unified School District has gone to court to uphold the firing of a veteran McClatchy High School teacher who got in a fight with a student during a physical education class.There's much more information here.
Jerry Glaviano said he battled the student out of self-defense, that he was attacked when he tried to break up a fight between the youth and another boy during his sixth-period physical education class on Jan. 29.
Glaviano, 58, who stands 5-foot-7 and weighs 120 pounds, came out of the fracas bloodied, battered and dazed. The student, who was at least 6 feet tall and weighed more than 200 pounds, had a tooth loosened in the altercation. He also sustained a bite to his arm.
Sacramento City Unified officials took statements from the two combatants, as well as from eight students who witnessed the fight and generally supported the teacher's version of events. Two weeks later, they still fired Glaviano, a 28-year veteran with the district, all of it at McClatchy High.
Glaviano appealed the termination to a Commission on Professional Competence, and the three-member panel voted unanimously last month to reinstate him. The commission said that his motive in trying to break up a fight and protect another student was "praiseworthy."
The district disagreed, and then filed suit in Sacramento Superior Court to overturn the commission's decision. On Aug. 27, Judge Allen H. Sumner refused to issue an order requested by the district to block the reinstatement, although the judge said the commission exceeded its jurisdiction by saying Glaviano should get his old job back. Sumner ruled the district "retains the authority to determine his specific assignment."
Glaviano is now on paid administrative leave pending a scheduled Feb. 7 hearing on the merits of the case, in Sumner's courtroom. The district intends to pursue its aggressive effort to fire Glaviano.
Can you imagine sending your kid to school with the expectation that the staff there would not defend him or her from physical harm from another student?