SHENANGO SCHOOLS Judge to rule in firing dispute

The union contends the teacher was only praising his pupils.
By LAURE CIOFFI
VINDICATOR NEW CASTLE BUREAU
NEW CASTLE, Pa. -- A Lawrence County judge is expected to decide if the Shenango Area School District can uphold its decision to fire a teacher.
The teacher's termination was overturned in July by an arbitrator brought in by the teachers union, according to a lawsuit filed by the district in August.
Common Pleas Court Judge Dominick Motto heard arguments on Tuesday and is expected to issue a written decision in the matter.
Art teacher James Lutz was fired earlier this year after nine female pupils in the eighth and ninth grades complained of sexual harassment, court papers said.
The lawsuit contends that the arbitrator exceeded his power when he changed Lutz's termination to a 30-day suspension from teaching.
The district's attorney, Thomas W. King III of Butler, Pa., argued that the arbitrator had no right to change the penalty set by the board. King contends that the arbitrator believed the touching occurred, even though the arbitrator noted he did not believe it was sexual.
"If there were a finding that the arbitrator did not believe these girls, we wouldn't be here. Either it happened or it didn't happen," King said.
King contends that the arbitrator did not have the power to change the school district's decision unless he believed the touching didn't occur.
Union's attorney
Richard S. McEwen, an attorney for the Pennsylvania State Education Association who is representing Lutz and the teachers union, said the arbitrator's decision upholds the law because Lutz was fired for violating the district's sexual harassment policy, not touching pupils. McEwen said the pupils misconstrued why Lutz was touching them and it was not sexual.
"He was praising students. He would compliment them and build their self-esteem. This was somehow twisted into sexual harassment," McEwen said.
Lutz has been off work for nearly a year without pay waiting for the matter to be resolved, McEwen said.
Motto did not indicate when he would issue his ruling.
cioffi@vindy.com