A new wrinkle in the case of the Akron teacher facing possible termination over Facebook pictures of her students.

Buchtel teacher Melissa Cairns has requested a hearing before a referee, a provision allowed under the Ohio Revised Code in hopes of keeping her job.

The math teacher posted a picture on the social networking site of students with duct tape on their mouths. The Akron School Board will not be voting on the job status of Cairns during their meeting January 28.

A release from the Akron Public Schools says a referee will be chosen and a date will be set before an official hearing will be held.

The referee will then forward his or her recommendation to the school board for a final vote.

Cairns was on paid leave until the school board voted to consider termination. She has been on upaid leave since January 15.

Carins maintains that while it was a mistake taking the photo, she did not place the duct tape on any of the students' mouths and that it was a joke amongst the class.