Westfield teacher fired for 'threatening' comments has teaching license suspended

WESTFIELD – Because of his "otherwise positive educational career," the state has suspended for three years the teaching license of a former Tamaques School third-grade teacher who was fired for making threatening comments to other teachers, talking about his guns and calling students stupid and making them cry.

The State Board of Examiners, in a decision formally adopted earlier this month, agreed with an arbitrator's ruling that Frank Fuzy's behavior was "unbecoming and unfitting of a role model."

"The threatening comments relating to gun ownership and physical stature, making others in the school community uncomfortable, cannot be tolerated," the board wrote in its decision.

Fuzy filed lawsuits both in Superior Court in Union County and federal court contesting the arbitrator's decision and his dismissal, but the Superior Court suit was dismissed on Aug. 17, 2020, and the federal suit was dismissed on April 29.

In its ruling, the State Board of Examiners said it is not "the appropriate body" to find that the arbitrator's ruling was in error or without factual basis. The board also wrote that it "cannot overturn the credibility determinations made by the arbitrator."

The Westfield Board of Education filed the tenure charges against Fuzy on Dec. 27, 2018. Fuzy was hired as a third-grade teacher in 1995 and was named in 2013 the New Jersey Agricultural Teacher of the Year. Fuzy received "effective" or better evaluations throughout his time at the school.

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However, in 2014, he received a four-day suspension after throwing Post-It notes at a student and hitting her in the face, according to the charges. Fuzy completed counseling after the incident, including anger management sessions.

The tenure charges allege that the teacher frequently commented to other staff members that he owns multiple guns and keeps a handgun in the glove compartment in his car and that he would run out to his car if he needed a gun. Fuzy has denied telling anyone that he kept a gun in his vehicle.

The district also said he frequently posted about guns on social media.

Those comments and actions, the school district charged, "have served to create an atmosphere at the school whereby other staff members are intimidated and fearful of imminent harm."

The charges say that staff members "routinely look over their shoulder when they walk on school premises" because of his comments.

The school board, according to the arbitrator's ruling, "likens threats of violence in reference to gun to the equivalent of yelling 'fire' in a private movie theater."

In addition, according to the charges, Fuzy made threatening remarks to another staff member in connection with Principal David Duelks, asking him to observe another teacher. Fuzy, who expressed anger about the request, told another staff member that he is "six feet tall, weighs 230 pounds and has 26 guns." 

The district also alleged that Fuzy had stated, "what are you, stupid?" to his third graders and had caused them to cry.

Fuzy's attorney had argued during the arbitration hearing that the tenure charges were "a vendetta by the administration and (teachers) union to get rid of a person whose personality they simply don't like," according to court papers.

Email: mdeak@mycentraljersey.com

Mike Deak is a reporter for mycentraljersey.com. To get unlimited access to his articles on Somerset and Hunterdon counties, please subscribe or activate your digital account.