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News (Media Awareness Project) - US FL: Hernando Teacher Who Smoked Pot Will Likely Remain With
Title:US FL: Hernando Teacher Who Smoked Pot Will Likely Remain With
Published On:2009-10-21
Source:St. Petersburg Times (FL)
Fetched On:2009-10-22 10:29:32
HERNANDO TEACHER WHO SMOKED POT WILL LIKELY REMAIN WITH
DISTRICT

BROOKSVILLE -- The Hernando School Board is headed toward a
compromise with the Parrott Middle School health teacher who admitted
to and tested positive for marijuana use in March.

The board, during a special meeting Tuesday, reached a consensus on a
deal with Michael Provost that would keep him employed by the
district. The agreement has to be approved by a formal vote at the
board's Nov. 17 meeting.

If that happens, Provost will be reinstated and placed in a health or
P.E. position at another school this year. He will receive back pay
from the start of the current school year.

He will have to undergo a formal drug evaluation and follow whatever
recommendations are made by health professionals. He also agreed to
random drug tests for the next three years.

Provost, 37, admitted to drug use in March after being confronted by
Parrott principal Leechelle Booker, who told him about a phone call
she received from a woman who said she witnessed Provost smoking
marijuana. He agreed to a drug test and enrolled in an employee
assistance program.

Then-superintendent Wayne Alexander recommended that Provost be
fired.

The teacher appealed and got a hearing in June. Early last month,
Judge P. Michael Ruff recommended that the School Board reinstate
Provost, who has been on unpaid suspension since March, and pay him
back wages and benefits. The board did not have legal grounds to fire
Provost because state statutes and the district's personnel policy
prohibit termination for a first positive drug test, Ruff wrote in
the recommendation.

School Board attorney Paul Carland said the judge had misinterpreted
case law and recommended that the board follow interim superintendent
Sonya Jackson's direction to fire Provost anyway.

Provost's attorney, Mark Herdman of Clearwater, told the board
Tuesday that going against the judge's recommendation forces the
School Board to essentially act as judges and reach opinions based on
complex legal arguments.

"That's what you hire the judge for," Herdman said.

At least two board members, Dianne Bonfield and James Yant, were
poised to fire Provost, but board member Sandra Nicholson recommended
a compromise. The two attorneys came to the agreement along with
Jackson during a recess.

Provost, who had argued that the district was being too harsh and not
taking into account his qualities as a teacher, appeared visibly
relieved after Tuesday's meeting.

"Like I said, there needs to be consequences, and there will be," he
said. "This is going to haunt me for the rest of my life. I'm going
to keep my chin up and do my best to fix my wrongs. I redeem myself
by doing my job."
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