STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
PROVIDENCE, SC DISTRICT COURT, SIXTH DIVISION

FRANCIS T. CIMEROL, II   

V.     :   A.A. 04-56

DEPARTMENT OF LABOR AND TRAINING, BOARD OF REVIEW   

D E C I S I O N

MOORE, J.  This matter is before the Court on an appeal from the employee from an adverse decision by the Director, Referee and Board of Review denying benefits.  This Court affirms that decision.

            The facts of the case are as follows.  Employee was a tenured English teacher at Johnston High School.  In the spring of 2003 school officials were made aware of an allegedly improper relationship between the teacher and a student, Janice.  In May the principal of Johnston High School wrote a letter outlining her concerns.  In June, the Superintendent wrote a second letter, stating that the teacher’s action constitutes insubordination, and that additional incidents will result in “further disciplinary action, up to and including suspension and termination.”   Employer’s Exhibit 2.

            Despite these warnings there was an incident in late September where employee was alone with this student, and a further incident in October where the Smithfield Police found the couple in a car, engaging in what the officer believed to be oral sex.  Employee was terminated, and benefits were denied, pursuant to G.L.R.I. 28-44-18, based on employee’s misconduct.

            It is clear from a reading of the record and the memoranda of counsel that employee did engage in misconduct.  Employee had been warned that school officials strongly disapproved of this relationship and that he continued it at his peril.  Employee argues that he had been warned only of behavior occurring on school grounds, and that this behavior was not included in those warnings.  The Court believes that the school officials made a reasonable effort to warn this teacher, but could not possibly draft a warning that included all potential future behavior.

            This Court has a limited scope of review pursuant to G.L.R.I. 42-35-15(g).  This Court believes the matter was decided properly below and affirms that decision.