Westfied Tenure Charges Upheld Against Teacher Who Mentioned Guns

WESTFIELD, NJ — The Westfield School District was justified in bringing tenure charges against a teacher for referring to his guns in conversations with colleagues, and for several other matters, an arbitrator ruled in a decision released on Dec. 16.

The school district brought tenure charges against Frank Fuzy III on Dec. 27, 2018, listing comments he allegedly made to other staff members “that he owns multiple guns, including an AR-15” and saying he frequently referred to his height and weight in related conversations. A list of the charges says that Fuzy he told staff that he keeps a gun in his glove compartment, that “he would run out to his car if he needed to use a gun." However, Fuzy denied that he told others he kept a gun in his car.

Fuzy is fighting back, having filed a federal lawsuit in September saying the school discriminated against him because he’s a male, as well as a gun owner and bodybuilder. It also says he was discriminated against for having Attention Deficit Disorder.

Fuzy was a third grade teacher at the Tamaques Elementary School and has taught in the district for 23 years.

Arbitrator Joyce M. Klein rendered her decision on Dec. 16.

She wrote that even though there were colleagues and parents who supported Mr. Fuzy, he was said to be an effective teacher, and he had received good evaluations, “None of these achievements can outweigh or mitigate the impact of Mr. Fuzy’s threatening statements regarding his stature and his firearms. These statements, whether made as threats or for more benign reasons, were justly viewed as threatening. The Westfield School District properly considered its obligations and responsibility to Mr. Fuzy and to the safety and security of the school community.” His “unbecoming conduct” supported his dismissal, she wrote.

The list of charges includes several allegedly threatening comments going back to 2016. The document states that he “frequently posts about guns on social media outlets” and that “Mr. Fuzy also shows pictures of guns to staff members.”

The document notes that Fuzy was suspended four days in 2014 for allegedly throwing Post-It notes at a student. He was told to get counseling and a corrective action plan was instituted to “address anger management issues.” It says that in other instances, he made students cry.

The document says he owns five guns, two handguns and two rifles, all of which are licensed. According to the document, he said he uses them in shooting ranges and does not hunt.

The document details a gradual increase in animosities between Fuzy and the school's principal, partly over Fuzy's increasing dissatisfaction with being evaluated in class.

His comments and actions “served to create an atmosphere at the school whereby other staff members are intimidated and fearful of imminent harm," according to the charges, stating that some staff members said they looked over their shoulder as a result.

A scheduling conference regarding Fuzy’s lawsuit will be held in Newark on Feb. 5, 2020.

Some of those who supported Fuzy noted that he was instrumental in creating and tending the school's garden. In fact, he was awarded teacher of the year in 2013 by the New Jersey Agricultural Society.