PORT ORANGE, Fla. (WESH/CNN) - Volusia United Educators President Elizabeth Albert is clear: When long-time teacher Brian Wheeler mowed the yard naked at his Port Orange home in 2017, he made a very poor decision.
A neighbor, who Wheeler believes has issues with him anyway, recorded Wheeler and filed a police complaint. Wheeler was charged with exposure of sexual organs and disorderly conduct.
The exposure charge was dropped and the disorderly conduct dismissed in a deferred prosecution agreement. Wheeler was not convicted of a crime.
"This is a man who has over two decades of history teaching children in our community and successfully teaching them," Albert said.
Wheeler was a tenured teacher with an unblemished record at Cypress Elementary when he was removed from his job. Many parents and colleagues supported him, according to documents provide by the teacher’s union.
However, a handful of families of young children did not.
School district officials, who gave Wheeler a written reprimand along with a demotion out of the classroom, refused to reconsider.
In addition to Volusia County, the state department of education investigated and in May found probable cause in Wheeler’s case to pursue disciplinary action. The complaint will be heard in October.
However, Albert said a settlement has been reached and the October hearing will rubber stamp that agreement.
According to Albert and documents, Wheeler will be fined, but will retain his teaching credentials.
"Which would infer that they feel that he is still of the caliber that is able to work with our kids and teach," Albert explained.
Albert said since the school district has so far refused that, the union will arbitrate on Wheeler’s behalf.