SCHOOL BOARD FILES TO DEFEND FIRING OF TEACHER ON COCAINE

The Escambia County School Board will fight a decision to rehire a teacher
who arrived to work impaired by cocaine. Robert K. Sites III, 37, initially
was terminated after arriving at Brentwood Middle School on Aug. 10 with
cocaine in his system - 50 times above the cutoff for a positive drug test.

An independent arbitrator ruled this month that a penalty less severe than
termination was warranted and wants Sites rehired with full pay and benefits.

The board voted Friday in executive session to appeal the arbitrator's
decision.

"We strongly believe that we do not need people who use cocaine in our
classrooms," said John DeWitt, board chairman. Board attorney Francisco
Negron said the board has 90 days to file an appeal with the Escambia
County Circuit Civil Court.

"We will file a petition to vacate the award," he said. "We are basically
arguing the arbitrator exceeded his jurisdiction." The Escambia Education
Association disagrees and will continue to represent Sites.

The union argued the district violated the collective bargaining agreement
by not informing Sites of his right to representation at the time of
termination. Union officials also wanted progressive discipline implemented.

That's where the district takes into consideration other factors, such as
Sites' work evaluations and his 12-year service to the county.

The district has appealed arbitrators' decisions in the past and lost.

In a 1999 case, the district fired a bus driver for testing positive on a
random drug test. An arbitrator ruled for rehire and the board appealed to
the court. The Circuit Court denied the district's petition to vacate the
arbitrator's award.