In February, Mark Ostempowski, a math teacher at John F. Kennedy High School, slapped a female colleague on the buttocks during a teachers union meeting off school grounds, according to court documents the district filed Sept. 6 in Erie County Superior Court.

The female teacher filed a sexual harassment complaint against Ostempowski, which resulted in him being placed on paid administrative leave and facing a third-party disciplinary hearing.

Following the hearing, Ostempowski was found guilty of four counts of misconduct and was given a one-year suspension without pay.

However, the school district disagrees with the outcome of the hearing and is seeking to fire Ostempowski, claiming he violated the district’s sexual harassment policy and that allowing him to return to work would “create a hostile work environment for another teacher in the school district.”

On Feb. 2, the Teachers’ Association of Cheektowaga-Sloan hosted a dinner for its members at Pearl Street Grill & Brewery in Buffalo. After dinner, the teacher was waiting for her husband to return from the bar when Ostempowski slapped her on the butt from behind, saying, “These are the things I’m not allowed to do in school,” according to court documents.

The blow was loud and hard enough to sting, according to court documents. Ostempowski then saw his coworker’s face turn red and said, “Oh, and you’re turning red.”

Other teachers from the district were present and witnessed the incident, including TAC Chair Amy Kochan, who testified as such at the hearing.

The female teacher was upset about the incident and called in sick for the next two days, according to court documents. She then filed a sexual harassment complaint, again against Ostempowski, who was placed on paid administrative leave.

District leaders launched an investigation into the incident and decided to file formal disciplinary charges against Ostempowski. In March, the Cheektowaga-Sloan Board of Education voted unanimously to charge Ostempowski with misconduct, conduct unbecoming a teacher, immoral character and neglect of duty.

To fire a tenured teacher in New York State, the school board must file specific charges against the teacher. That teacher can then choose whether or not to have a hearing. If the teacher waives his right to a hearing, the district can take disciplinary action without giving the teacher a chance to show that the action was inappropriate.

In this case, Ostempowski chose to hold a hearing. He and the district agreed to hire hearing officer Rocco Scanza to conduct the hearing.

The two-day hearing took place in June.

The female teacher testified that the incident left her feeling humiliated and ashamed. She said she has distanced herself from her family because she can’t stop thinking about what happened. Since the incident, some of her colleagues have treated her differently at school, she said.

When asked how she would feel if Ostempowski were to return to JFK, she said, “I would feel insignificant, like my experience doesn’t matter. I think it would send a message that this is acceptable,” according to the transcript of the hearing. “And that anyone can do this. I’ve given — no. He’s taken my sleep, my time, my energy, my self-confidence, my sense of safety and security, my sense of belonging at school. I don’t have much left to give. And if he were to come back, he would take the rest of me.”

During the hearing, Ostempowski admitted to his behavior. He said he meant it as a joke and never intended to hurt his colleague, the transcript said.

Ostempowski said that if he were to return to school, he would move his classroom to a different location, away from the female teacher’s room, and would keep his distance from her. He would also receive extra supervision.

Ostempowski’s attorney for the hearing, Jenna Burke, an attorney with New York State United Teachers, did not respond to an email requesting comment for this article.

On August 28, hearing officer Scanza found Ostempowski guilty on all four charges and ordered him suspended without pay for the entire 2024-2025 school year.

In his decision, Scanza acknowledged that Ostempowski had engaged in “odd and inappropriate” behavior that had caused “very serious harm” to the victim. But since this was the first and only sexual harassment complaint the district had received about him, and his work history showed no disciplinary history, Scanza concluded that Ostempowski “deserves a second chance.”

Before Ostempowski returns to work, he must complete one or more sexual harassment training courses and undergo a psychological evaluation to determine his suitability to become a teacher. The teachers union must also work with the district to ensure that the female teacher does not work near Ostempowski when he returns to his job, Scanza ruled.

Under state law, the district can appeal the outcome of a hearing, which is exactly what Cheektowaga-Sloan officials are doing.

School board chairwoman Denise McCowan said at a Sept. 6 meeting approving the appeal: “As a board, we would like to reiterate that we are very disappointed with the hearing officer’s decision and we will continue with the appeal process.”