HARRISBURG, Pa. (AP) — A state appeals court is overturning a decision to fire an elementary teacher who admitted she had sex with another teacher in a western Pennsylvania classroom.
Commonwealth Court ruled Tuesday for Angela DiBattista, saying she had an “implied agreement” from McKeesport Area School District that gave her immunity. She admitted during an employment hearing involving another teacher, her sexual partner Patrick Collins, that they had sex on school property.
DiBattista’s disclosure came during a 2005 hearing into whether she had been abused by Collins.
The Pittsburgh Tribune-Review learned of her testimony and wrote about it in December 2005, after which she was suspended and later fired.
Carl Beard, the school district’s lawyer, says he’s shocked by the decision and will discuss appeals with district officials.
DiBattista’s lawyer says he hasn’t read the decision.