Porn-Peeper Teacher Still Fired

The Appeals Court issued a unanimous ruling in the case of Zellner, formerly employed by the Cedarburg school district, and a very committed WEAC member.

The state Court of Appeals today upheld the firing of former Cedarburg teacher Robert Zellner, saying that his viewing of pornography on his school computer during off hours constituted immoral behavior and that immoral behavior is a basis for overturning an arbitrator's decision.

After the Cedarburg School Board fired Zellner in January 2006, he appealed to an arbitrator. The arbitrator ruled in his favor, saying Zellner should have been punished but not fired. Arbitrator's rulings generally are binding, but the case went to court after the School Board refused the arbitrator's order to rehire Zellner.

When Ozaukee County Circuit Judge Joseph McCormack upheld the School Board's decision on immorality grounds, Zellner appealed. In April, the appeals court asked the Supreme Court to take the case directly, saying it presented a legal issue that the high court should decide. But the Supreme Court refused to take the case, leaving it to the appeals court to decide.

In upholding the circuit judge's ruling, the appeals court said in today's ruling that Wisconsin has a strong public policy against immoral conduct in schools and that a judge can overturn an arbitrator's ruling that violates strong public policy.

The Waukesha-based appellate panel cited a statutory definition of immoral conduct as behavior "that is contrary to commonly accepted moral or ethical standards and that endangers the health, safety, welfare or education of any pupil." The appeals judges wrote that "protection of children and the promotion of a safe education environment is a clear and compelling public policy."

Makes sense to me, both as parent and taxpayer.

Zellner's defense is the porn-peeper version of the "five-second rule," which in this case involves 67 seconds.