Bound Brook is seeking to fire a tenured high school teacher for using his school computer to share nude photos and for inappropriate behavior will get a second chance to have their case heard thanks to a state Supreme Court ruling.
BOUND BROOK - A school district seeking to fire a tenured teacher for using his school computer to share nude photos and for inappropriate behavior will get a second chance to have their case heard thanks to a state Supreme Court ruling.
The state Supreme Court has reversed an appellate court ruling on a tenured Bound Brook High School math teacher Glenn Ciripompa's 120-day suspension without pay and ultimate reinstatement, ordering the matter go back to arbitration with a new arbitrator.
In October 2015, a three-judge appellate court panel upheld the suspension of Glenn Ciripompa for using a district-issued laptop to send offensive emails and nude photos of himself over the Internet and inappropriate behavior toward four female staff members.
The school district had sought to have Ciripompa, who has taught in the school district since 2004, brought up on tenure charges and dismissed for both the use of the computer and his inappropriate conduct.
Arbitrator Michael Peckler reduced the penalty to the suspension, finding that Ciripompa's behavior toward the other staff members didn't merit him being fired as he had no prior disciplinary trouble.
In its ruling handed down Tuesday, the state Supreme Court said that Peckler "exceeded his authority by applying the standard for proving a hostile work environment, sexual harassment claim" to that of an allegation of "unbecoming conduct in a tenured teacher disciplinary hearing."
Teacher suspended for emailing nude photos of himself
The court said the arbitrator "impermissibly converted the inappropriate behavior charge to one of "sexual harassment."
The new arbitrator will determine if Ciripompa's conduct was "unbecoming" and subject to "any appropriate penalty," the court wrote.
"The Bound Brook School District is pleased with the decision of the New Jersey Supreme Court to reverse the Appellate Division, and to vacate the arbitration award that had been issued in this matter," Dr. Daniel Gallagher, the school district superintendent, said in a statement. "The district is confident that a new arbitrator will appropriately address the charges brought in this matter and will appreciate the seriousness of the underlying conduct involved in issuing his or her decision."
The school district had appealed Peckler's ruling that gave Ciripompa a 120-day suspension without pay to a Superior Court judge.
That judge then vacated the arbitrator's ruling and ordered a new hearing before a different arbitrator. On Ciripompa's appeal of that ruling, the matter was brought before an appellate court panel.
State records indicate that Ciripompa, who was hired in 2004, was making $63,875 a year. He earned tenure in 2007.
In the charges filed June 25, 2014, the district said that it found more than 100 emails with pictures of nude women on Ciripompa's computer after a staff member emailed a link to a Twitter page with nude pictures of Ciripompa to a district administrator.
In a decision dated Oct. 29, 2015, the appellate court said the school district proved its charge of Ciripompa's improper use of a district-provided laptop and iPad to send and receive numerous sexually explicit emails, but it failed to prove his conduct involved unprofessional, inappropriate and potentially harassing conduct toward the four female staff members.
In the arbitration hearing, the district said it also found emails between Ciripompa and couples seeking sexual trysts, including invitations to swinger parties, Ciripompa's replies to personal ads on Craigslist that included pictures of a naked man holding Ciripompa's iPad over his face.
Gallagher confirmed the naked man was Ciripompa.
Ciripompa didn't deny the allegations but an expert psychiatrist in mitigation testified that Ciripompa presented "no sexual or other threat" to students and he simply "demonstrated poor judgement in using school equipment."
The expert concluded that firing Ciripompa "appeared to be an excessive response" to his actions and the appellate court ultimately agreed.
In Nov, 2016, Ciripompa failed in an attempt to have school officials removed from their position after they posted a statement regarding his suspension.
Upon his reinstatement, the district posted a statement online that it was required "to put back into the classroom a teaching staff member found guilty of utilizing his school district computer and school district email account to engage in conduct of a highly inappropriate nature, including sending and receiving nude photographs and soliciting sexual liaisons and services."
Dave Hutchinson may be reached at dhutchinson@njadvancemedia.com. Follow him on Twitter @DHutch_SL. Find NJ.com on Facebook.