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Alleged sex act a 'misunderstanding'

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Published: Jan. 8, 2011 at 12:20 PM

NEW YORK, Jan. 8 (UPI) -- An incident in New York in which two women teachers allegedly were caught in a sex act was a misunderstanding, one of the teachers said.

James Madison High School teacher Alini Brito said she was getting an insulin shot when a janitor saw her naked from the waist up with another nude teacher kneeling between her legs, the New York Daily News reported.

Brito's comments were part of testimony released Friday from a state arbitrator's report on the December 2009 scandal. Brito was fired after city officials received the report on Dec. 27.

Brito, a diabetic, told investigators she wasn't feeling well and asked her French teacher colleague to "check her blood sugar."

The co-worker, Cindy Mauro, then allegedly said, "Let's go upstairs. I have sugar and candy in my room," the newspaper reported.

In the report, Brito said by the time they got to Mauro's classroom her "knees got weak" so she lay down on the floor. Brito said Mauro was kneeling next to her with the lights off when a janitor walked in.

The janitor summoned school safety officer Ruth Reyes, who saw the incident differently, the report said.

"(Brito) was naked on the floor… and I saw the blond between her legs, and when I opened the door, she looked up and told me to shut the door," Reyes told investigators.

Her testimony was enough to convince state arbitrator Mary Crangle to rule it was "more likely than not" the teachers were in the middle of a "sexual encounter."

Mauro is still awaiting disciplinary action.

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