School Committee of Lexington v. Zagaeski

The arbitrator’s decision, fairly read, reflects his conclusion that the plaintiff, the school committee of Lexington, did not carry its burden of proving that the defendant, Mark Zagaeski, engaged in the serious misconduct necessary to establish “conduct unbecoming a teacher,” one of six enumerated grounds on which a teacher with professional status can be dismissed under G. L. c. 71, § 42. Instead, based on all of the evidence adduced at the arbitration hearing, he determined that Zagaeski’s isolated episode of inappropriate behavior, while fitting nominally within that statutory category,…