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Irregular News for 02.02.07

 

Rutland, VT -- A teacher who drew a mustache on a sleeping student will receive $60,000 from the Rutland City Schools in a settlement agreement.

 

At a Jan. 9 meeting, the Rutland City Public Schools Board of Commissioners voted unanimously to sign the settlement agreement. Former Rutland Middle School social studies teacher Christopher Cosgrove is expected to receive money as a resolution to his claims of wrongful termination and denial of rights.

 

The settlement states Cosgrove shall be reinstated to his employment from the date of termination until the end of the fiscal year, June 30, 2006. He and the district agreed that he resigned from that position July 1, 2006, and will not seek re-employment. The district will pay Cosgrove $7,934 as back pay for that time and $52,066 as liquidated damages for surrender of any rights to continued employment.

 

In March 2006, Cosgrove was in his fourth year as a teacher at the middle school when the incident took place. The student, then an eighth-grader, has been diagnosed as having special needs, with Asperger-type symptoms. The student had an issue with sleeping in class that went back to previous school years and was listed in an Individual Evaluation Program, according to a report detailing the arbitration.

 

After several class periods of the student slumbering, Cosgrove grew frustrated. On the day of the incident, class was dismissed and everyone, including the student's one-on-one paraprofessional, had left the classroom, according to the report. Cosgrove drew lines on the upper lip of the student before waking the student, saying that is what happens to students who fall asleep in class, according to the report.

 

The student reported the incident to Principal Will Cunningham, who also heard about it from the school guidance counselor. Cosgrove met with the assistant principal and Cunningham, who told him the incident was inhumane and borderline harassment, according to the report. Cunningham then met with Superintendent Mary Moran about the incident.

 

Five days later, Cosgrove was informed he was suspended with pay for conduct unbecoming a teacher. In an April 2006 meeting the school board heard an appeal and decided to terminate Cosgrove, according to the report. During the 2005 school year, Cosgrove had received a written reprimand on an unrelated matter, according to the report.

 

Arbitrator Ira Lobel concluded that Cosgrove was disciplined for just and sufficient cause but termination was not the appropriate punishment, according to the report. Payments were scheduled to be made to Cosgrove on Jan. 12, barring any revocation, according to the settlement agreement.

 

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The kid got off easy. When I was in school, a student got smacked if they fell asleep. My 4th grade teacher used to ram her finger nails into the top of your head! Crazy, big-haired lady...she wore at least two rings on each finger and smelled of menthol cigarettes. A face that still haunts me.

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