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NYC Teachers Caught Having Lesbian Sex In Classroom Move Ahead With Lawsuit Against Schools

Two female teachers who were caught hooking up in an empty classroom at a Brooklyn high school got their jobs back, but they're going ahead with a lawsuit against the city anyway because they say they lost pay and position in city schools.

Cindy Mauro, a 39-year-old French teacher, and Alini Brito, a 35-year-old Spanish instructor, were caught having sex by a school janitor at James Madison High School in 2009, the New York Daily News reported. The majority of the school's students and faculty were in an auditorium for an annual singing competition, and Mauro and Brito used the opportunity to slip away to a third-floor classroom. The janitor reportedly told school officials that one of the women was topless and the other was on her knees when they were discovered.

Mauro and Brito were pulled from their classrooms after the incident made headlines, with New York City tabloids dubbing the school "Horndog High." The teachers were eventually fired, but in 2014 a five-judge Manhattan Appellate Division panel ruled that the penalty was "shockingly disproportionate to (their) misconduct," noting that both teachers had no disciplinary records or previous problems.

The panel ordered New York City school leaders to reverse their decision to fire the teachers and issue a less severe penalty.

But Mauro and Brito are still suing the city, saying that while they did get their jobs back, they didn't receive back pay after they were reinstated, they lost seniority among their colleagues, and they were placed in unfavorable positions within the city's education department, the New York Post reported.

Mauro was assigned to a substitute teacher reserve and works in a different school every three weeks which means she can't receive performance reviews and cannot receive a raise on her $79,654 annual salary, the lawsuit alleges. Brito was reassigned to the Urban Assembly School for Criminal Justice in Borough Park, Brooklyn, but the Spanish teacher remains under investigation for questions about her "moral character," according to the lawsuit.

The lawsuit also alleges that Brito, whose annual salary is $66,487, "faces the imminent loss of her teaching certificate," with Schools Chancellor Carmen Farina working to make sure Brito can no longer work as a teacher.

Farina is on record saying she has "zero tolerance" for Brito and Mauro's conduct, and openly opposed the decision to rehire the teachers, according to The Post.

The incident is one of at least four alleged cases of sexual misconduct on the part of teachers at James Madison High School in Brooklyn. Teacher Robert Cain was fired after school officials accused him of having sex with a female student in his office and a school bathroom.

Shortly after the Mauro and Brito allegations made headlines, social studies teacher Allison Musacchio was charged with statutory rape and fired the next year after investigators found more than 200 texts that Musacchio had exchanged with a male student.

And in 2012, English teacher Erin Sayar was arrested and fired for allegedly smoking pot and having sex with a 16-year-old football player at the school. In that case, the then-35-year-old Sayer reportedly exchanged 3,856 text messages with the teen and had sex with him in her SUV and her school office.

Sayer received probation after taking a plea deal in 2013. Cain was not charged criminally, and Musacchio's case is still pending.

Sources: New York Post (2) (3), NY Daily News (2) (3) / Photo source: New York Daily News (2 -- Debbie Egan-Chin)

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