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Monday, February 14, 2011

The Debate Is On After Westfield Teacher Is Arrested for Marijuana Possession

Facts:

*Brendan Hickey
*31-year-old Scotch Plains resident 
McKinley School

*A fourth-grade Westfield teacher (McKinley School)
*Coach of two high school sports teams (Ice Hockey, Girls Lacrosse)
*Stopped by Westfield Police for speeding
*Arrested and charged with marijuana possession
*Westfield Education Association President Kim Schumacher has no comment on the situation. 
*Under state law, holders of teaching certificates are required to notify their superintendent of any arrest or  indictment within 14 calendar days.
*State Education Department spokeswoman Allison Kobus said a conviction could jeopardize Hickey’s employment as a public school teacher.
*A list of disqualifying offenses in N.J.S.A. 18A:6-7.1.  Included is conviction for “an offense involving the manufacture, transportation, sale, possession , distribution or habitual use of a ‘controlled dangerous substance’ as defined in the Comprehensive Drug Reform Act of 1987, or drug paraphernalia . . .,’” 

*Individuals, including teachers, are permanently disqualified from employment in the schools if they are convicted of any of the listed offenses.
*If found guilty, the district needs to take action against the employee, either by filing tenure charges with the Commissioner, or dismissing the person pursuant to the contract provisions.
*The Board of Examiners may also take action against the employee’s certificates. 
Sometimes upon conviction, the court requires the employee to forfeit his/her public employment and surrender his/her certificates.”

18A:6-7.1. Criminal record check in public school employment, volunteer service.
     1.     A facility, center, school, or school system under the supervision of the Department of Education and board of education which cares for, or is involved in the education of children under the age of 18 shall not employ for pay or contract for the paid services of any teaching staff member or substitute teacher, teacher aide, child study team member, school physician, school nurse, custodian, school maintenance worker, cafeteria worker, school law enforcement officer, school secretary or clerical worker or any other person serving in a position which involves regular contact with pupils unless the employer has first determined consistent with the requirements and standards of this act, that no criminal history record information exists on file in the Federal Bureau of Investigation, Identification Division, or the State Bureau of Identification which would disqualify that individual from being employed or utilized in such capacity or position. An individual employed by a board of education or a school bus contractor holding a contract with a board of education, in the capacity of a school bus driver, shall be required to meet the criminal history record requirements pursuant to section 6 of P.L.1989, c.104 (C.18A:39-19.1). A facility, center, school, or school system under the supervision of the Department of Education and board of education which cares for, or is involved in the education of children under the age of 18 may require criminal history record checks for individuals who, on an unpaid voluntary basis, provide services that involve regular contact with pupils. In the case of school districts involved in a sending-receiving relationship, the decision to require criminal history record checks for volunteers shall be made jointly by the boards of education of the sending and receiving districts.

     An individual, except as provided in subsection g. of this section, shall be permanently disqualified from employment or service under this act if the individual's criminal history record check reveals a record of conviction for any crime of the first or second degree; or

     a.     An offense as set forth in chapter 14 of Title 2C of the New Jersey Statutes, or as set forth in N.J.S.2C:24-4 and 2C:24-7, or as set forth in R.S.9:6-1 et seq., or as set forth in N.J.S.2C:29-2; or

     b.     An offense involving the manufacture, transportation, sale, possession, distribution or habitual use of a "controlled dangerous substance" as defined in the "Comprehensive Drug Reform Act of 1987," N.J.S.2C:35-1 et al. or "drug paraphernalia" as defined pursuant to N.J.S.2C:36-1 et seq.

Hickey’s initial appearance in Westfield Municipal Court is scheduled for March 3.


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21 comments:

  1. Are you aiding in ruining a young mans career? We live in a world where second chances are usually granted. Not that I condone it, but you should not be one to pile on nor should I.

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  2. The Fact of The Matter has presented facts. We do not take a position for or against the accused.

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  3. I've known this man personally for years. He is a wonderful person who cares about his 'kids' and athletes more than anything in the world. So what, he may smoke a little marijuana, do you know how many people, including teachers, do that? Cut him a break, he's been a stellar teacher and couch aside from this little bump in the road.

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  4. I remember reading a story here about a Westfield police officer getting caught stealing and he wasn't fired. Shouldn't Mr. Hickey be given the same consideration? If a police officer can steal and get away with it, whats so bad about a teacher smoking pot on his time off?

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  5. As a parent, I do not condone this behavior and it goes against the way I am trying to raise my children. What kind of message does this send to your kids when the teacher smokes pot. I wonder if the police present D.A.R.E. classes in this school. What if a child goes to his teacher to report another student has drugs, does the teacher act responsibly, or put it in his pocket to smoke up himself. Sends a very poor and mixed message to our youth. If it were a cop smoking weed, people would want his badge and career. Not to long ago there was a story about police and steroids, and people went nuts over it. The same holds true here, this teacher knew the risks and got caught. Let him go and learn from his mistakes, I don't need 60% of my taxes going to the school district for a bunch of pot heads...

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  6. I am open minded about the current discussion. For starters if this teacher is a cancer patient and is using to offset the effects of chemo, I for one would be willing to "cut him some slack" I personally lived through a loved one and chemo side effects. Not pretty at all.

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  7. Since when did medical marijuana use become legal in N.J.? I agree that some slack should be shown if it is for a cancer patient but it still is a criminal offense. Sorry to sound so cut and dry. Should we cut slack to the mother on welfare that has 5 kids out of wedlock and decides to shoplift tonights dinner at Stop & Shop, gets caught and arrested? The line was drawn in Hickey's contract and he signed his name to it. My child went to McKinley. Wasn't he a fifth grade teacher at some point? Why is he teaching fourth grade? Did Hickey feel guilty everytime the DARE officer walked into his fifth grade classroom.

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  8. Another McKinley Parent said...Tuesday, February 15, 2011

    I don't have anything against someone smoking a little pot, unless there's substance abuse problem. Since this is public news now, I feel that our children are at an impressionable age and they need to learn that when you do drugs, you suffer the consequences. That is a strong message that we should all agree. Perhaps if you feel sorry for Mr. Hickey maybe he should go to rehab, be out of the limelight and not teach for a few years.

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  9. If he worked for the Westfield police department he would probably still have a job if found guilty, ain't that right Chief Parizeau? Whats a little weed from time to time, huh John? Ask Barney and Pat how they feel about cops using a little weed. I'm not saying they would know first hand, but just ask them. You guys sure had some fun in the old days before the whole weed thing became tabboo. Bring back the good old days of Stripes and Singles, Singles and Stripes.

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    Replies
    1. What? Cops breaking the very laws they supposedly enforce. That never happens.

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  10. We should burn him at the stake for wut he's done. Let's get serious people who hasent done something that they regret but didn't get caught for. I think he should not be able to coach for five years and be subject to random drug testing. I also think all teachers should have random testing to make sure this dosent happen again. Police fire and dpw all I believe do random testing why can't teachers or are they above that too. If not maybe Mrs Dolan can come over and explain to my kids what drugs are and why it's ok for teacher to do them just don't do it themselves.

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  11. Ha ha what an idiot. If he is dumb enough to speed while carrying, then he is too dumb and careless to be teaching our children.

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  12. Stripes and Singles. What a great publication. Very informative about the ongoing saga of two of westfields finest. Hope it reasurfaces.

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  13. As a former pothead I would make darn sure this teacher hasn't been stealing the students peanut butter and jelly sandwiches from their lockers or backpacks. In all seriousness, marijuana is a drug and is certainly a gateway drug. Not good. This young man and anyone who knows him or cares about him should encourage him to quit immediately before he graduates to ... whatever.

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  14. Funny how things work out in good old Westfield. Coach Hickey is out and a certain coach in named. Turns out this coach worked with the selected girls in the off season (most of which made varsity), a violation in High School sports in NJ (maybe). It all makes sense, get invited to offseason programs by certain parents who deem themselves Westfield's second coming and your playing career is set. One can only imagine if Coach Hickey is found innocent the long term effect of Westfield Lacrosse.

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  15. Maybe Chris Christie is right that we need to cut spending on police officers. Westfield cops are overstaffed and overpaid. They should be out catching real criminals, not wasting time arresting their own teachers for something as harmless as having pot. This guy got put in metal handcuffs for having a little pot in his car. Can you imagine that? Do you know how many teachers smoke pot and never get caught? Teaching elementary school kids is tough, and I don't blame him for smoking a bit to relax during his own time. As long as he doesn't come to work stoned, it's his own personal business. We should be thanking and praising our teachers, not arresting them. The fact that he got fired is despicable, and the Westfield administrators really disgust me sometimes.

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    1. You might have missed the part that said he was arrested and was high. DUI is DUI he wan under the influence. He could have killed someone driving while under the influence. Maybe that would change your opinion about him smoking weed.

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  16. Does anybody know when Officer Joe Martino got canned from the Westfield Police Department?

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  17. waste fields finest....what a joke.

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  18. It is truly amazing the amount of ignorance surrounding an issue like this. Unlike others, I have actually tried drugs. I love how these holy rollers and moral crusaders sit in judgment upon people they know nothing about. The law, although often ridiculous, is the law. The man is facing that consequence already.

    The only question is this one: Was he a good teacher? Coach? Human being?

    Many of the most respected and influential people in our history have been recreational drug users, regardless of whether the law of the time restricted it. And besides, anyone with any perspective on the matter understands that when you compare the legal drug alcohol, with the illegal drug marijuana, you have no contest. Alcohol impairment (I mean being drunk off your ass) is a much worse affliction than any guy who just smoked a joint. Well, that's my opinion anyways, you self-righteous cretins. Blah!

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  19. marijuana reform in NJ now!!!

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