Teacher Alini Brito (r.) was found naked from the waist up with co-worker Cindy Mauro (l.) by a janitor in a James Madison High School classroom in 2009.

Cindy Mauro (left) and Alini Brito (right)

More than three years after being fired for an after-hours sexual tryst in a classroom, a judge has ordered the Department of Education to rehire the two Madison High School teachers who got dirty in the dark.

Cindy Mauro and Alini Brito were fired in December 2010, more than a year after reports surfaced that the two foreign language teachers were caught by a janitor “undressed” in an empty classroom. The teachers have since been fighting for their jobs back, and an appeals court decided that their termination was “shockingly disproportionate,” since both were consenting adults not at the school in an official capacity at the time of the incident.

“The penalty of termination of unemployment is shockingly disproportionate to (their) misconduct,” the Manhattan Appellate Division wrote in their decision. The five-member panel noted that “lesser penalties have been imposed where a teacher had an ongoing relationship or engaged in inappropriate behavior with a student.

Mauro and Brito’s lawyer suggested to the Daily News that they may pursue back pay as well.

Department of Education officials may appeal the decision. If they choose not to, they may still impose less sever penalties against the teachers.

The two were caught undressed in a classroom in 2009 by a janitor. It was later reported that they had a few drinks after school at a local bar, then went back to the school to watch a student performance. At some point, they headed to a darkened classroom and undressed.

At the time, Mauro said she was helping give Brito, who suffers from diabetes, an insulin shot. A state arbitrator later determined that the two were “more likely than not” engaged in a “sexual encounter.”

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  • CptBlood

    One thing is obvious here – janitor is an asshole.

    • J.M.H.

      surprised he didnt post on You Tube

  • elaine louey

    the janitor should’ve locked the door and joined in!

    • Shawanna

      What are our court system coming to. Gloryfing sex trysts among teachers. Pretty soon they will have these bitches openly pleasing themselves sexually. Only in Sheepshead Bay do you have people applauding this type of behavior. Sheepshead Bay is immoral, the Russians are evil heathens. Let the Arabs or the religous Jews have control of the neighborhood. Sodom and Gomorrah, that is Sheepshead Bay

      • Kriston Lewis

        No, no, no. When I moved here, my broker promised me hot girl on girl action. So far, I’m satisfied.

      • guest

        F****** idiot

  • ShadowLock

    AAAAAAOOOOOOOGGGGAAAAAA!!

  • randyice

    its funny – two concenting adults who pose no threat to a minor, get fired.. but they cant fire teachers who grope students.. this is why we cant have nice things.

    • Murry

      I’ll bet these lovely ladies have nice things. In the heat of the moment. Fire the janitor. Squealer.

  • http://www.flickr.com/photos/lisanne001 Lisanne!

    Let’s say we had a situation where five teachers, bored by lackluster performances at a after hours school play (or some other student endeavor of that kind) retreat to an empty classroom to engage in a marathon Monopoly™ game. The janitor, a fan of Easy Money, walks in on them and is horrified. Much of nothing then ensues.

  • winson

    :P literally

  • Arniethek

    Teachers like these have no place in our school system. They exercised extremely poor judgment and then lied when they got caught. They lack moral character.

    • ShadowLock

      Haters gonna Hate.

  • BrooklynBus

    I didn’t realize it was necessary for two people to get undressed in order to give one of them an insulin shot.

    Anyway, I would like to know what the penalty is for someone in law enforcement when fabricating an incident in order to write a summons. It’s been happening more and more and it seems nothing is done. In the last two days cops were caught fabricating traffic and sanitation violations. Both incidents were caught on camera. Looks like we aIl need webcams on our dashboards to prove innocence.

    In this case two people were fired for hurting no one. Not fair.

  • guest

    Were they good teachers? Yes, give them their jobs back. Did they harm students in any way, shape or form? No. Give them their jobs back. Janitor is probably one of those ultra religious types where their book tells him that it’s wrong for two women to be together.

    • Karina Lipsman

      I personally had Brito as my Spanish teacher when I was in high school and she was by far one of the best teachers I have ever had. She assigned homework daily and actually went over it with you the next day. She assigned the coolest projects for example we had to make a menu in spanish for a restuarant that we would want to open. this is bullshit fire the bullshit teachers who come to work just to get a check and not give a shit about their students. Mauro was also a great teacher she was very involoved with student activities and always had available office hours. GIVE THEM BACK THEIR JOB!

  • Alex

    This is what happens when you have mentally ill judges and powerful unions. I am sure if they worked at any other legitimate firm, they would have kept their jobs too.

    • so tired

      lol, because nobody gets laid at ‘legitimate’ firms, right? Ha!

  • greg

    Ms Brito was my spanish teacher in madison, she always acted very professional, and i do remember on occasion she did have low blood sugar and was unable to teach, so its all very possible that this was the case. i firmly believe that she did not do anything inappropriate. I feel terrible that out of pure speculation without any proof, these teachers had their careers destroyed and had their names smeared all over the media. This tabloid journalism is parasitic, and if any of you were somehow misconstrued that you were doing something like this, and all anybody had on you were rumors and speculation, you would doing everything possible to clear your name.

    • ShadowLock

      i require proof…….. Oh no proof? Sounds kinda like a he said she said type of deal….