Second chance for teacher in alleged sex romp - New York News | NYC Breaking News

Second chance for teacher in alleged sex romp

A sexy Spanish teacher axed from a New York school after allegedly engaging in a sizzling lesbian schoolhouse romp with a fellow teacher deserves a second chance to return to the classroom, a Manhattan judge ruled.

Alini Brito -- whose supposed topless classroom tryst with French teacher Cindy Mauro turned Brooklyn's James Madison High School into a laughingstock -- sued the Department of Education last year in an attempt to score a new disciplinary hearing.

In a blistering decision, Supreme Court Justice Alice Schlesinger slammed the city and eviscerated an arbitrator for dishing out an "excessive and shockingly severe" punishment to the teacher.

"So what are we left with here?" Schlesinger wrote. "We have children who are deprived of a first-class, caring teacher, and a teacher who, due to one sensational, publicly exploited incident where she exhibited extremely poor judgment, is deprived of continuing a career she loves and excels at."

She added, "That is not a good balance, in the opinion of this court. In fact, the imbalance is shockingly bad."

The 32-year-old teacher made headlines in 2009 when a James Madison janitor and school safety agents squealed that she and Mauro had engaged in sexual shenanigans in a darkened third-floor classroom while students performed in a song-and-dance performance.

Brito was canned in spectacular fashion after she allegedly was spotted in the buff with Mauro.

Mauro had been accused of pulling Brito from the performance with the promise of "sugar and candy" because the diabetic teacher was not feeling well.

The teachers had gone for dinner earlier, with Brito downing an appletini and a shot of tequila.

The judge sided with Brito, saying she was deprived of due process by the Department of Education's bungling of a key piece of evidence.

Schlesinger slammed the city for destroying a schoolhouse surveillance tape that Brito's lawyers said could undo witness accounts that they described as the products of revved-up imaginations.

Kate Ahlers, a spokeswoman for the city's Law Department, said, "We strongly disagree with the decision and will be appealing it."

Mauro also sued over her dismissal, and her case is pending.

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