Firing over classroom marijuana prompts school district lawsuit

Tuesday, Sept. 15, 2009 | 1:50 a.m.

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The local teachers' union is suing the Clark County School District for its refusal to re-hire a middle school teacher after students were caught smoking marijuana in his classroom.

The Clark County Education Association and former teacher Roy Augustian last week filed suit against the district in Clark County District Court.

The district has not yet responded to the lawsuit and its policy is not to comment on pending litigation.

The lawsuit says Augustian was a first-year probationary teacher last school year at John C. Fremont Professional Development Middle School. Through March, as an eighth-grade physical science teacher, he received three overall satisfactory performance evaluations.

But on April 22 he received a letter of admonition regarding an incident in which three students were found to have been smoking marijuana while he was in the classroom.

The letter cited his alleged "inefficiency, unprofessional conduct, neglect of duty (and) inadequate performance."

Augustian told investigators he didn’t see marijuana being used, and didn't smell it.

On April 23, the School Board followed the recommendation of the administration in voting not to re-employ Augustian for the 2009-2010 school year, the lawsuit said.

"The board adopted that recommendation with no discussion of the particular facts of Mr. Augustian's employment situation," the lawsuit said.

The Education Association charges in the lawsuit that the decision not to re-hire Augustian violated state law in that he was not given time nor assistance to improve his performance.

The suit seeks a court order that Augustian be reinstated as a teacher as well as back pay and benefits.

Attached to the lawsuit are the evaluations giving Augustian overall satisfactory marks -- but also noting he had been directed to improve control of his classroom.

"Mr. Augustian has struggled with classroom management, which has led to an inconsistency in discipline and consequences and a weakness of classroom control," said a November evaluation.

The evaluation noted an observer saw the entire class talking while Augustian was taking roll one day, that students were sometimes talking, sleeping or otherwise "off-task" and that several desks in the classroom had been tagged or marked.

Discussion: 12 comments so far…

By GunslingerA10

9/15/09 at 2:53 a.m.

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He should have known better, his job is to be a dictator in the classroom. Dan if you do, Dan if you don't.
By neiman1

9/15/09 at 5:49 a.m.

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Teachers unions fighting to save those that don't belong in a classroom discredits all the good teachers that are doing their job.

The members of the teachers union need to talk to their leadership. Like police turning a blind eye to a bad cop, teachers letting the union fight for all brings the resentment of the public.
By vsestini

9/15/09 at 6:04 a.m.

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Dear Gunslinger: Normally I would agree with you that a teacher should be a dictator in a classroom, however in the CCSD today that is no longer possible. If this teacher had actually seen the students smoking in class and sent them to the office nothing would have happened. In typical district fashion the students would have been returned faster than the ink on the referral form could dry.

With the weak, apologetic , appease students and parents and don't make waves to attract central office attention it is likely that nothing would happen. This district does not, and has not supported teacher discipline policies and management procedures for decades.

Complaining parents or students are given a heads up advantage over any teacher in any situation. It is the rare administrator that will support the teacher in any disciplinary or academic hearing process. Usually parents have an attorney in tow and that is sufficient to melt any administrator or dean into immediate submission and concession in favor of the parents or student.

I believe this is a set-up to get the teacher out; this school district does not play fair with teachers and does not give them any rights or recourse. When was the last time that an administrator was fired, reduced in rank or had any stern disciplinary action taken against one? A recent case involving a custodian turned coach, with a felony drug record, who absconded with district athletic funds is a perfect answer. In his later case church and relationship with former district administration parents were factors in his favor; this teacher has no such connection or influence punch.

Unfortunately for this young teacher the CTA is a gutless, powerless, company owned union that has never fought for individual teacher rights. Despite calls from is members for passage of a Teacher's Bill of Rights in annual contracts this union has done nothing in this regard. The CTA is a paper tiger: gutless, powerless, worthless and a detriment to local teachers and their rights.
By enteaser

9/15/09 at 6:33 a.m.

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vsestini said...
"If this teacher had actually seen the students smoking in class and sent them to the office nothing would have happened."
...then the school would have been wrong. But that's not what happened, now is it? Why not comment on things that actually do happen instead of what might have happened?
What happened was that this teacher did not perform his duties in allowing smoking in the classroom, and I don't care if it's marijuana, or tobacco, or cornsilk!
The CCSD finally does something right, ie. fires an ineffective teacher, and you and the CCEA(the local teachers' union...who is this CTA you're talking about anyway?) want to defend this ineffective teacher?
By Phyremedic

9/15/09 at 6:47 a.m.

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The only "CTA" I know of is the California Teachers Association.

But the bottom line is;
He has been corrected for his lack of control in the classroom and now students have been found smoking dope in the classroom.

Had he controlled his classroom he would still have a job.

He failed to so now he doesn't.

And the Union is doing exactly what Unions do, find a finger to point at someone else as opposed to mandating personal accountability from it's membership, only to further the resentment from the public towards the Unions.
By Gerry_Eberwein

9/15/09 at 7:54 a.m.

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Sounds like a version of the now famous, "But, I didn't inhale," defense by a former President. Bovine Fertilizer.

Blind, inept, or challenged in one of his physical senses. Which is it for this teacher?

But, in fairness; are we getting all the facts here. How long did the smoking go on? Was this the only time it occurred? If it was for a significant period of time or a repeat, then there is a real problem with that teacher. A problem the board can't ignore - not this time.

In most states posession of any illegal drug on school property is a felony. A teacher failing to stop a felony from occurring in the school is a facilitator of the crime, and since the crime is a felony so is the facilitation.

It all hinges upon his actual knowledge of the event, and if it had occurred before withthe same enforcement action - none.
By vsestini

9/15/09 at 9:29 a.m.

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Oh you simple minded fools! Blame this poor young teacher when the problem is occuring before your faces every day in all schools: there is not discipline in our schools and teachers are not allowed to enforce common disciplinary policies they may have in their class syllabus issued to all students.

No administrator was present to eye witness this event. It is strictly hearsay based on some unnamed student source. Check it out...

This district allows disrespect for teachers, admnistrators, all other staff by its hands-off policies. Central policies are not enforced and students and their dumb parents are allowed to intimidate, harass and coerce any school administrator,dean, counselor and teacher into submission and not following through on proper action. This is such a case again!

The teacher is punished and nothing of consequence happens to the perpitrator,i.e. the offending student.

Good luck CCSD as your lack of strick disciplinary policies allows a continual degeneration of overall school discipline and decorum. No wonder there is an increase in community crime rates by teens. The crime center traiing area is obvious...its inside our school where there is little to no discipline.

This is only one small, accidently publicized case; there are, and will be many more such cases throughout the district. With the lack of discipline anarchy follows...we are facing a potential Columbine High School event in one of our schools in the future...you can take that to the bank for sure... No discipline...No Control...anarchy!!!!
By DennisMyers

9/15/09 at 10:13 a.m.

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Gerry Eberwein is absolutely correct-- this story does not give anyone the information to reach a conclusion. I've been taught in many classrooms large enough that a teacher at one end of it would not have known what surreptitious business was going on at the other. Was this one of those classrooms? Does this teacher have a history of overlooking things? Apparently not, since the previous evaluations were favorable. The bottom line is that we don't know enough to reach the sweeping conclusions posted here.
By Krases

9/15/09 at 11:39 a.m.

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I don't remember were I heard this story, but its pretty funny:

One time a DARE officer came into my classroom. After pulling out three marijuana joints he said "kids, this is marijuana. I am going to pass these around so you know what they look like. If I don't get all three of these back I will lock down the school and search all of you."

When the DARE officer asked the students to give them back, he received four.
By vsestini

9/15/09 at 11:49 a.m.

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Does this teacher work in the CCSD, the same district that spent millions hiring former administrators as "mentors"? Why wasn't one of these prized re-hired administrators, alleged to be 'master teachers themsleves', sent to help this first year teacher?

What kinds of students was he supposed to be teaching? How many 'special ed' students were in this class? How many nonEnglish speaking or proficient students did he have in his class? Was this an overcrowded classroom or one with an average of 35 students or less?

John C. Fremont is a known discipline troubled school and was so when this teacher was first hired. How many students with discipline problem histories did he have in his class to begin with?

Why didn't one of these former master teacher administrators, or re-hired 'mentors' step in earlier to help with the classroom management issues? Where was the administrative help for this and other first year teachers?

Why are first year teachers given overcrowded classrooms full of problem students while the more experienced, alleged better trained teachers given the honors students?

I have seen happen many times where the youngest teachers are given the least desirable classes and students while the more senior teachers teach the better students and classes.

Too many administrators advanced upward after only 3-5 years of experience. They still have milk on their lips and are wet behind the ears when it comes to supervising students or teachers.

Something is definetly wrong when a first year teacher fails and is fired because administrators failed to assist, offer help, demonstrate 'how to do it' techniques, etc. Where was the administration help with this new teacher? Is it any wonder so many stay around only 3-5 years and then seek other careers?

Few people know that students in this district are allowed to file undocumented complaints or situation statements against any teacher when then goes into their file. At disciplinary hearings these documents mysteriously disappear as if they never occured. Strange isn't it?
By Harley

9/15/09 at 10:47 p.m.

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The majority of my "science" teachers were tokers -- something about "experimentation" as I recall or was that exploration?

I can't seem to recall.

; )
By rascal

9/16/09 at 2:54 p.m.

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How did the students get the drugs ln the classroom? Where were the district police, hall monitors, and administrators, and specialists? I certainly think the board should take a look at the administration. The district has a loser in this case. How about setting up a legal fund for this teacher? I'll be happy to throw in some bucks.