TBO.com - TBO is Tampa Bay Online

Hernando Today

Teacher reinstated despite prior drug use

ADVERTISEMENT

By JEFF SCHMUCKER

Hernando Today

Published: October 20, 2009

BROOKSVILLE - A teacher who admitted to smoking marijuana will remain employed with the school district, but not in the same school or as a drug prevention educator.

Following much deliberation between Hernando County school board members and attorneys Tuesday, both sides agreed for Michael Provost to stay employed at the school. However, he will be subject to random drug testing for three years at his expense, attend drug counseling and be reassigned to a different teaching role.

Provost was previously employed at D.S. Parrott Middle School as a health, career education and physical education teacher – a large part of which was drug prevention.

Following the meeting, Provost said he disagreed with board members' interpretation on his case, but understood their position.

"I knew there needed to be consequences," Provost said. "Let this be a lesson. Now I'm just going to keep my head up and try to prove myself."

Provost was originally suspended earlier this year after a woman, who went by the name Michelle, reported to the district she had seen Provost smoking marijuana. He later admitted to smoking the drug and also failed a drug test.

Although Provost admitted using the drug, an administrative law judge from the Division of Administrative Hearings ruled in September he should be reinstated as a teacher and that board members dismiss the superintendent's charges for dismissal.

According to Judge P.M. Ruff's findings, Provost can't be fired for a first positive drug test under Florida's Drug-Free Workplace Act. Instead, he legally must be given an opportunity to participate in a drug rehabilitation program.

Despite the ruling, Board attorney J. Paul Carland II argued on behalf of Interim Superintendent Sonya Jackson the judge's ruling in the case wasn't correctly applied and that siding with the judge would set a standard that wouldn't allow district officials to terminate employees based on first drug offenses.

However, Mike Herdman, an attorney for Mr. Provost, argued that not following the administrative judge's determination would undermine the court's purpose.

"This is what you essentially hired the court for — to make determinations based on the judge's extensive training and expertise," Herdman said. "The board doesn't have the authority to interpret evidence to fit its own desired and ultimate conclusion. It makes the process sort of meaningless frankly."

Although board members took turns voicing opinions for and against firing Mr. Provost, and whether the district properly handled the matter, it was board member Sandra Nicholson who offered a compromise for Provost to be reinstated.

Following a 10 minute recess, both attorneys came back with the compromise. Board members also agreed to accept Jackson's recommendation so that no precedent could be made concerning the district's firing abilities.

Although not entirely pleased, Herdman said this was likely the best resolution that would come from board members.

"I think some of the board's reaction was overblown," Herdman said. "But it wasn't in the best interests of my client to be unemployed and fight this through appeals so — it is what it is."

Reporter Jeff Schmucker can be reached at 352-544-5271 or jschmucker@hernandotoday.com.

Share this:

Loading Comments...

Email Print

ADVERTISEMENT