Wayne Teacher Who Bullied Students Should Be Fired: Arbitrator

WAYNE, N.J. — A George Washington Middle School physical education teacher should be fired for allegedly bullying students, an arbitrator ruled recently.

The Wayne Township Board of Education brought tenure charges against Howard Smith in April, alleging that he was involved in a series of bullying incidents during the 2015-16 school year.

An arbitrator for the State Department of Education has ruled that he should be denied his tenured position.

The charges stem from a physical altercation in his office and the Wayne Valley High School boys' locker room on Feb. 18, 2015. Video evidence showed that Smith was yelling and being "aggressive with his hands" during the incident. Evidence also showed he cornered the student and "bumped into the student with his shoulder" after the incident occurred, according to the ruling.

Smith was also involved in four separate incidents of improper conduct while he taught a health class at George Washington during the 2015-16 school year, according to the ruling:

• Smith admitting telling a student: "I take (expletive) bigger than you," referencing the student's small stature.
• Smith allegedly implied to a male student that he was a girl and had acquired a sexually transmitted disease, making him feel uncomfortable.
• During a video about anorexia where a girl removed her sweatshirt, revealing the effects of the disease, Smith reportedly told a male student that he would "never get closer to seeing a naked woman in his lifetime," making the student feel uncomfortable.
• Smith was also charged with suggesting to a 14-year-old student that she take birth control pills, which the board insists made the girl feel uncomfortable and insinuated she was sexually active with a large number of boys.

The board argued that the "habitually negative behavior" and "ongoing conduct and behavior on part of [Smith] mandates termination."

Smith was suspended without pay, had his coaching duties taken away, entered into a corrective action plan, and attended anger management training following the February 2015 altercation.

The board's efforts to enforce discipline with Smith "failed to result in any meaningful modification" of his behavior, the ruling states.

Smith argued that he was legitimately concerned for his safety in the locker room incident and that the board "exaggerated" his role in the incident.

Smith claimed the district had not met its burden of proof.

Smith's attorney, Ronald J. Ricci, said he and Smith were "both extremely disappointed" in the arbitrator's ruling and that Smith "is exploring his options" regarding what to do next.

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