Actions by the Linwood teacher who kicked a child's chair and caused him to fall were "unprofessional, irresponsible, dangerous, punitive, purposeful and amounted to corporal punishment," an arbitrator said in calling for the woman's termination.
Kimberly Peschi was on lunchroom duty Feb. 9, 2017, at Belhaven Middle School when she went over to the then-sixth-grader who was leaning back on his seat and caused the chair to hit the ground. The student, identified as M.M., struck his head.
Peschi claimed she was trying to upright the chair. But the state said she intentionally caused the then-12-year-old to fall.
Her May 2018, simple assault conviction was overturned a year later, when Superior Court Judge John Rauh said video of the incident was not clear enough to show her intent was to hurt the child.
Arbitrator Earl Pfeffer strongly disagreed, saying he "watched and re-watched the incident dozens of times, at regular speed and frame-by-frame. Each viewing led to the same conclusion."
He said the only way Peschi's account could be "plausible" — as the judge called it — was "if I ignore what is undeniable."
That long list included Peschi's failure to help the boy off the floor, not asking him if he was hurt, not making sure he got a medical evaluation and not reporting it to the principal.
He also said her telling the boy, "That's what happens when you lean back in your chair," revealed her purpose was to teach him a lesson.
Despite Peschi's conviction being overturned, the Linwood School District has maintained the contact was intentional, forceful, unnecessary, excessive and punitive, and constituted conduct unbecoming a school teacher, in particular because it endangered the child and in fact caused him injury, embarrassment and humiliation.
Pfeffer noted that the boy was seen wiping his eyes, backing another teacher's account that the boy was crying.
Peschi also said that the boy was being dramatic using an ice pack in the hallway. A claim the arbitrator called "preposterous."
The Linwood Board of Education leveled tenure charges against Peschi.
The arbitrator's decision is that the penalty should be termination.
