A state arbitrator ruled the Woodbridge School District could fire Michele Schwab, a fourth-grade teacher
WOODBRIDGE -- A local elementary teacher has lost her tenure due to a pair of separate shoplifting charges, one of which became public after the Jersey Shore business owner posted a video of the incident on Facebook.
A state arbitrator ruled this month the Woodbridge School District could fire Michele Schwab, a fourth-grade teacher at Robert Mascenik School in her 16th years as an educator, according to documents made public Thursday.
Robert Mascenik School Schwab, a "highly effective teacher" making $95,260 per year, was suspended with pay from her position for two months in 2015 following her first shoplifting arrest in early February, when the teacher allegedly swiped two Jets sweatshirts and a hat, worth around $225, from Sears in the Woodbridge Mall.
The charges were later dismissed in court after a witness failed to appear and Schwab was reinstated in May, despite not informing the district of the arrest within the required 14-day period after the incident, according to the arbitrator's ruling. She admitted during arbitration to stealing the items, the records show.
"We were hoping that this was a one-time incident, and we wanted to be compassionate to Ms. Schwab and return her to the classroom," school Superintendent Robert Zega testified, according to the ruling.
Thirteen months later, Schwab was arrested again on shoplifting charges, according to the ruling. This time the teacher was arrested in Beach Haven after the owner of the Song of the Sea posted a video of her putting a $60 picture frame in her purse, according to records.
The Facebook post was viewed more than 47,000 times and the district received multiple calls about the March incident from parents and staff, the ruling states.
Schwab plead guilty to the shoplifting charges as part of a plea to have the conviction dismissed following a year of probation, the records show.
The district filed paperwork to fire Schwab on April 29.
During the arbitration, Schwab's attorney had argued that the incidents were a result of her mental health issues, but did not affect her as a teacher. The district said it was never made aware of her mental condition.
Dr. Avram Mack, a psychiatric expert, testified during the hearings, Schwab's prescription changes and high stress in her life at that time led to her "acting out," according to the ruling.
The arbitrator, James W. Mastriani, of Sea Girt, ruled on Jan. 5 her mental health history should have no effect on her firing. Mastriani said the criminal charges, although not convictions, "reflected two instances of dishonesty by a fourth grade public teacher."
The state commissioner of education will now review the ruling.
Schwab's attorney Edward Cringe did not immediately respond to calls for comment.
Craig McCarthy may be reached at CMcCarthy@njadvancemedia.com. Follow him on Twitter @createcraig and on Facebook here. Find NJ.com on Facebook.