A fifth-grade teacher who posted on Facebook that her students are "all the devils [sic] spawns" and that she wished they would drown cannot be fired, a unanimous New York state appellate panel ruled Tuesday, affirming a lower court judge.
The Appellate Division, First Department, held in Rubino v. City of New York that firing Christine Rubino for her comments was "shocking to one’s sense of fairness" given "the lack of a prior disciplinary history during petitioner’s 15-year career, and her expression that she would never do something like this again."
