Judge overturns Arlington teacher's reinstatement

The arbitration decision was thrown out because it was based only on the procedural misconduct of Arlington public schools and “not on any examination” of the alleged conduct of former Ottoson Middle School teacher Charles E. Coughlin, according to a 10-page ruling by state Judge Thayer Fremont-Smith .

The dispute between Coughlin and the Arlington School district must now be reheard before another arbitrator, according to Fremont-Smith’s March 2 ruling.
“We’re disappointed,” said Coughlin’s attorney Frank Mondano . He said he and his client are still considering whether to appeal.

Coughlin is fighting being terminated by Arlington Schools in August of 2007 after school officials said he exchanged racy emails with former Ottoson principal Stavroula Bouris on school computers. Bouris was also fired, and her fight to get her job back is still pending. The cases have had a divisive effect, triggering accusations of foul play and finger-pointing among school officials, faculty, staff, parents and residents.

Bouris and Coughlin also filed $7 million lawsuit in federal court last month alleging that school officials wrongfully terminated them based on unfounded suspicions they were having an affair.

In October, arbitrator Richard G. Boulanger found Coughlin’s dismissal was “not justified” under state law and the school district violated its own complaint policies by pursuing an investigation.

In his ruling, Fremont-Smith said the arbitrator decided that Arlington public schools could not use any of Coughlin’s e-mails obtained from the district’s public email system as grounds for the teacher’s discharge because the district was first notified of the alleged misconduct through an anonymous complaint.

But Fremont-Smith said that any emails exchanged using the school department’s e-mail system are public records and school employees “have no right to privacy in such e-mail.” Fremont-Smith said the arbitrator had exceeded his power because he made no findings as to whether Coughlin’s conduct justified his dismissal.

Mondano maintained there was never any misconduct by Coughlin, and he and his client are now considering their options, including whether to appeal the judge’s decision or go back through the arbitration process.
--Brock.globe@gmail.com