An arbitrator exceeded her authority when she terminated a teacher for asking out an 18-year-old student he had tutored, without considering that the student was never called to testify at the disciplinary hearing, a Manhattan judge has ruled.

Jaime Gongora had tutored the student in preparation for her state Regents Examinations. When he called to tell her she passed the tests, he claimed he jokingly asked her to go out with him.

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