VHS teacher Albert Porter's conduct warrants discipline, not dismissal, NJ arbitrator says

VINELAND -  A teacher’s conduct — taking an underage student to his condo and applying what he called “blessed cream” to the teen’s bare back — warrants discipline but not the dismissal sought by the Vineland school district, a state arbitrator said.

Albert Porter, a Vineland High School social studies teacher, should be returned to his teaching duties “as soon as practical,” but he will face some reprimands, the arbitrator ruled.

“I just thank God for his mercy and grace,” Porter told The Daily Journal when contacted on Thursday. “And I’m just thankful.”

The Board of Education received the update on their tenure dismissal charge against Porter at Wednesday’s board meeting.

“The arbitrator assigned to the case, after presentations by both the district and the teacher’s attorney, ruled in the district’s favor but did not agree on the termination,” Tom Ulrich told fellow board members following a policy and personnel committee meeting with district attorney Frank DiDomenico.

There was no comment from other board members.

In her Oct. 29 decision, arbitrator Carol L. Laskin imposed upon Porter a 120-day suspension and the permanent loss of one salary increment, noting district officials established that "Porter engaged in conduct unbecomingly."

Unlike the school district, the arbitrator said, she felt “no danger of Porter repeating this type of conduct, upon his return and assignment to duties consistent with a certification of a secondary teacher.”

She added, “Porter should not be assigned an academic period as a ‘mentor’ or otherwise be (singled) out by administration to work, one on one, with 'at-risk students.'”

During the hearings, Porter recounted his award-winning community service and willingness to offer students support, including taking them to college fairs and helping them submit college applications.

The former VHS Teacher of the Year was an adviser to the school's Student Government Association and the African-American Cultural League. About five years ago, then-Principal Tom McCann reallocated one of Porter’s six teaching periods to be exclusively devoted to assisting students and mentoring “at-risk” students — with their parents’ authorization.

It was noted that prior to the 2017-18 school year, Porter was not subject to any discipline during his more than two-decade teaching career.

District officials countered that Porter’s “inappropriate and improper” conduct violated board policy.

The district suspended Porter after two staffers reported seeing Porter, also the head boys’ basketball coach, drive an underage male student to his home on two occasions in January 2018. 

The teen told school officials that, while at the home, Porter applied a cream to his back. When asked by school officials if he had reported an injury that required the cream, the student said he had not.

School board members reviewed the evidence and on April 18 certified tenure dismissal charges.

District policy prohibits “inappropriate conduct or the conduct unbecoming between a staff member and a student,” specifically noting “school staff shall not engage or seek to be in the presence of a pupil beyond the staff member’s professional responsibilities.”

The policy also prohibits staff from giving students rides in their vehicles.

Porter argued that the district sanctioned his mentoring relationship and the teen’s mother consented to having him give the boy rides to and from school. The teacher/coach noted he hadn’t requested a parent’s permission to take the teen to his home, the arbitrator noted.

Porter communicated with the teen by texts, which he ended with “what would Jesus do,” according to testimony.

The two occasions when Porter reportedly took the student to his home were evenings when the basketball team had away games and didn’t get back to VHS until about 8:30 p.m., when an activities bus was unavailable to students, the arbitrator said.

According to testimony, Porter was driving the student home and stopped at his condo, located across the street from the school. They ate pizza left over from the pregame meeting and talked about academics.  

Porter applied a natural muscle relief lotion to the student’s back and said he believed it provided a “spiritual benefit," according to testimony.

Then Porter drove the student home.

District officials testified the incidents violated policy and that Porter already had been warned about his conduct with students.

In December 2017, Porter was disciplined after talking to players about HIV prevention while using sexually explicit language that prompted a student’s sign language interpreter to file a complaint.

As a result, Porter agreed to conditions set by Superintendent Mary Gruccio to retain his head basketball coach position, including a two-week unpaid suspension and a season-long probationary period where any inappropriate behavior would result in his immediate dismissal from coaching.

He was suspended from his coaching and teaching position on Jan. 19 without pay. The unpaid period concluded at the end of the 2017-18 school year, district officials said.

The post-tenure charge certification timeline required reinstatement of pay on Sept. 1 as the district waited on the arbitrator’s decision. No date is set for Porter’s return to the classroom.

Porter said he looks forward to teaching again.

“Without a doubt,” he said.

"As part of the high school's annual class scheduling process, Mr. Porter’s former assignments were assigned to other teachers for the new school year,” said Joe Rossi, the district’s director of personnel. “Mr. Porter’s duties going forward are not yet finalized.”

To address the no-mentoring provision in the ruling, Rossi said, “Mr. Porter will be supervised by his building administrator.”

The district’s athletic director, Don Robbins, was directed to “reinforce with coaches that students cannot be transported in a staff vehicle,” Rossi said.

The district has the option of appealing the arbitrator's ruling.

“We were advised by legal counsel that our chances of winning are very slim,” Ulrich told his colleagues. “So the district is not moving forward with an appeal.”

Deborah M. Marko: 856-563-5256; dmarko@gannettnj.com; Twitter: @dmarko_dj

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