Two teachers should not have been fired after engaging in sexual activity on school property during a student musical competition but can face other punishment, a unanimous state appeals panel has ruled.

The Appellate Division, First Department, panel ruled Thursday in Brito v. Walcott, 100372/11, and Mauro v. Walcott, 100767/11, that termination was disproportionate to the teachers’ offense. It remanded the teachers’ cases to the Department of Education, which can impose a lesser penalty.