The Kettering Board of Education on Tuesday evening terminated the contract of Fairmont High School English teacher Michael Togliatti for allegedly making repeated inappropriate comments to students during the 2010-11 school year.

The board voted unanimously, 5-0, to accept the recommendation of an Ohio Department of Education referee who held 13 days of hearings on the issue between December and May.

That recommendation was received by the board and Togliatti’s lawyer on Monday. The grounds for termination cited were, “unprofessional and disrespectful conduct toward students,” and, “highly inappropriate conduct towards administrators and other teachers.”

“We think that decision speaks for itself,” Superintendent Jim Schoenlein said. “We don’t think Mr. Togliatti should be in the classroom.”

Togliatti declined to comment on the decision but his attorney John Doll said, “We are disappointed in the referee’s recommendation and we are disappointed in the board’s decision to uphold that recommendation.”

Togliatti has the right to appeal to the Montgomery County Common Pleas Court within 30 days of receiving notice of the decision. Doll said Tuesday his client had not yet decided whether he will appeal.

Togliatti, 47, was removed from his teaching position in April 2011 for allegedly making inappropriate comments to students and was placed on paid administrative leave. The alleged comments included calling students “idiots,” “freaking morons,” “hobbits,” and “trolls” according to the resolution read by board member George Bayless. The resolution also states that Togliatti used vulgar language in the classroom and made derogatory statements about school administrators in front of students.

“This resulted in students changing schedules, some went to class dreading it, some students stopped participating, and others made the best of it,” the resolution states.

The tenured teacher, who taught at Fairmont for 10 years, had no prior disciplinary record at the district.

In August, Togliatti was suspended without pay, pending termination of his contract. In response, he demanded a hearing with a referee from the Ohio Department of Education, per state protocol. 

On April 17 of this year, the school board voted to extend Togliatti’s unpaid suspension, pending the outcome of his termination hearing, effective for the 2012-13 school year.

The Dayton Daily News reported in April that the legal fees incurred trying to terminate the contract have cost the school district more than $70,000.

Schoenlein said earlier the costs are a function of the district adhering to ODE regulations.

Schoenlein added that the amount spent was mitigated by the fact that Togliatti’s substitute teacher made $35,000 this school year, compared to the $60,000 that Togliatti would have been paid.

Staff Writer Jill Kelley contributed to this report.