Administrative Law judge James Timberland stated that the district did not have policies governing off-duty conduct and that the educator’s actions were not affecting the school, staff or students.
By Clark Kauffman, Iowa Capital Dispatch
A judge has ruled that an Iowa teacher who was terminated after police discovered three pounds of marijuana in her home, is entitled to unemployment benefits.
Amy Garrison Perkins, according to records of the state, was employed earlier this year by Waterloo School District as an interventionist for behavior at Expo Alternative High school.
Garrison-Perkins was searched at her school in September. Garrison-Perkins told the district’s chief of human resources that she held a Medical Cannabidiol Registration Card and was able to grow marijuana in her home because buying it legally was too expensive.
Garrison-Perkins told officials that she had been authorized to possess four grams of medical cannabis in accordance with her prescription. However, law enforcement removed three pounds from her house.
Garrison-Perkins could not possess cannabidiol, in any form. This included inhaling or eating it.
Black Hawk County prosecutors in October, several weeks after the search had taken place, charged Garrison Perkins with conspiracy to manufacture pot. According to court records, police executed a search warrant on her home when they spotted five marijuana plants in her backyard. A jury trial has been scheduled for January.
Garrison-Perkins was fired by the district, and then she applied for unemployment benefits. James Timberland, Administrative Law Judge, noted after a hearing on this application that the district did not have policies governing off-duty behavior and that Garrison Perkins’ actions were not related to the school, its students, or staff.
Timberland granted Perkins unemployment benefits. The decision also stated that “the decision in no way condones” Perkins’ off-duty misconduct.
Iowa Capital Journal was the first to publish this story.
It’s Time To Rethink Terminating Employees for Positive Marijuana Drug Testing (Op-Ed).
Photo by Chris Wallis // Side Pocket Images.
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