Judge Allows Teacher Back After Facebook Comments About "Hate" for Students

The teacher posted after hours and not on school property, the judge ruled.

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    A Brooklyn teacher fired for posting on Facebook about her "hate" for her students and suggesting she wished they would drown is being allowed back to the classroom.

    Manhattan Supreme Court Judge Barbara Jaffe overturned a Department of Education decision last week, according to the New York Post.

    The city had booted Christine Rubino, a teacher at PS 203.

    Writing on June 23, 2010, a day after a Harlem student drowned on a school trip to the beach, Rubino said on Facebook "after today, I'm thinking the beach sounds like a wonderful idea for my 5th graders. I HATE THEIR GUTS! They are all the devils spawn!"

    After someone commented "oh you would let little Kwame float away!" Rubino replied "Yes, I wld not throw a life jacket in for a million!" according to the Post.

    The judge ruled that the comments were posted after hours and not on school property, and found no evidence the teacher meant her students actual harm. The judge voided the termination and sent her back for a "lesser penalty."

    "Even though [Rubino] should have known that her postings could become public," the judge said, it was "reasonable" to believe they would only be seen by her adult Facebook friends.

    The city could still appeal.