One has to wonder what it takes for a tenured teacher to get fired given a state-appointed hearing officer’s recent decision to return Robbert Fessler, a Manhasset teacher, to the classroom.
Fessler’s misconduct is not in dispute.
A Manhasset school district investigation found in 2023 that Fessler “engaged in inappropriate conduct towards students” on multiple occasions and, in one instance, he inappropriately touched a student during the fall 2021 school play.
During the play, the district said, Fessler pulled the student from behind, bringing her buttocks to his groin and moving her side to side against himself.
The district also determined that Fessler brought his face close to the student’s arm and either kissed it or imitated a kiss multiple times. He also placed his face on or near her neck and shoulders, according to court documents.
Other actions alleged in the district’s investigation included Fessler making inappropriate comments regarding two female students’ bodies, having students perform on an unsafe platform, giving students non-age-appropriate assignments and improperly storing a realistic prop gun.
The district responded by assigning Fessler to work from home.
Fessler, the district said, was given multiple assignments yet failed to complete them in a “timely manner” and flew to Florida during work hours and without authorization by the district.
The school district then took the next logical step and fired Fessler.
This seems like a more than reasonable response given the facts of Fessler’s case and recent litigation involving inappropriate actions by school staff in other districts.
The Herricks school district paid nearly $50 million in the past year to former students who accused administrators of not doing enough to protect them from sexual abuse decades ago.
The payments ended 27 lawsuits the district faced under the Child Victims Act, a state law clearing the way for people who alleged they suffered sexual abuse as children to file lawsuits.
The payments by Herrick brought the total outlays by Long Island districts to $87.6 million in 81 Child Victims Act cases, according to an analysis by Newsday.
But state-appointed hearing examiner Michael Capone decided on July 29 that Fessler could return to teaching in the district even while finding Fessler guilty of inappropriate and nonconsensual physical contact with a student.
Fessler’s punishment for, among other things, pulling a student from behind, bringing her buttocks to his groin, and moving her side to side against himself? A $7,500 fine.
For not wearing a mask when it was state-mandated, failing to complete assigned work tasks and traveling during work hours? A written reprimand and a $5,000 fine.
And sensitivity training, including avoiding inappropriate contact with students. At the district’s expense.
Manhasset Superintendent Gaurav Passi testified he was “uncomfortable assigning [Fessler] to any duties in the future which would bring him into contact with students.” As well he should be.
Cases involving accusations of misconduct between school staff and students can sometimes be unclear and subject to emotion.
Passi’s predecessor, Vincent Butera, was unfairly forced from his position as Manhasset superintendent for violating the school’s sexual harassment policy by making an unidentified teacher uncomfortable on little evidence.
That should make school districts careful when considering action against teachers and administrators. But it should not prevent districts from punishing them when confronted with strong evidence of wrongdoing.
Or allow hearing examiners to ignore the needs of students and reverse reasonable punishment for blatant misbehavior.
We respect tenure for teachers, but the privileges it affords should not be abused.
Capone’s decision should be reversed and Fessler should never set foot in a classroom again.
