Carmel gym teacher who allegedly threw a cone at a student is closer to getting his job back.

After a four-day hearing in February before a three-person panel, including Juliet E. Cox, a judge from the California Office of Administrative Hearing, the wait for Russell Shugars, the physical education teacher at Carmel River Elementary School, is over. OAH ruled in his favor, meaning he is one step closer to getting his job back after being placed on leave this school year.

On March 19, OAH closed the case and concluded in a 19-page document that Shugars “should not be dismissed from appointment.” The matter now returns to the board of Carmel Unified School District as early as April 9, when they will decide whether to accept or appeal OAH’s decision.

Last year, Shugars was at the center of a complaint filed by former River School principal Alberto Ramirez against CUSD. Ramirez alleged his termination was retaliatory because he stood up for student safety and urged administrators not to allow Shugars to return to campus.

According to parents and a letter from Ramirez’s attorney, Michael Welch, Shugars allegedly threw a cone at a student, striking him under the eye.

Ramirez told the OAH panel on Feb. 5 that when Shugars returned to school, after a six-week investigation, students felt intimidated by Shugars’ hostile behavior.

In the hearing, Shugars said he wasn’t trying to intimidate others and also shared his side of the story about the cone incident. Shugars said he didn’t throw the cone at the student; instead, he dropped it to get the student’s attention without having to interrupt the class.

“My client is relieved the panel, after hearing all the evidence, believed his story,” says his attorney, Joseph Cisneros, of Biegel Law Firm.

The CUSD administration didn’t respond to requests for comment.