Just a Darn Minute, School Tells Commission
SACRAMENTO (CN) - The California Commission on Professional Competence ordered a school to rehire, with back pay, a P.E. teacher it suspended for biting a special education student and punching him in the face, the Sacramento school district claims in court.Sacramento City Unified School District sued the Commission on Professional Competence and the teacher, Jerald Glaviano, in Superior Court. It seeks writ of mandate allowing it to fire Glaviano for good.
The Commission on Professional Competence is charged under the state Education Code with ruling on decisions involving teacher suspensions or terminations.
The district says it suspended Glaviano after he "assaulted a special education student during class-time without reasonable provocation" at C.K. McClatchy High School, on Jan. 29.
The 17-page lawsuit includes 35 pages of exhibits.
"During this time, Student AA, a special education student with a hearing impairment, and his classmate Student S, were involved in a verbal exchange and dispute which may have been escalating into shoving of Student S by Student AA," the complaint states.
Glaviano yelled at the students to stop, then put himself between them.
"At this moment, or shortly thereafter, Student S moved away and was not in any danger," the complaint states.
It continues: "Glaviano put his elbow against Student AA's face or mouth, which Student AA moved out of the way. Then, without any reasonable provocation, Glaviano punched Student AA in the mouth with such force that it loosened