Teacher Sues Over Firing For Pot Bust 22 Years Ago

When Michael Maynard was 20 years old, he was busted forpossessing pot.

Two months ago, he was fired from his teaching job for that veryoffense. He is now 42.

The former Bloom Township High School teacher has filed suit,alleging the state's criminal background investigation law isunconstitutional.Maynard was dismissed from his permanent substitute teaching jobin December after a state-mandated background check revealed he hadpleaded guilty to possessing a small amount of marijuana in 1974."I'd been cited a number of times for doing a very good job atthe school," said Maynard, whose conviction prevents him fromteaching at any school in Illinois, under the state's school code."I was shocked they could let me go for something that happened whenI was just a kid."The 1985 law was designed to protect Illinois schoolchildrenfrom dangerous felons by requiring all schools to conduct criminalbackground checks on teachers as a condition of employment.If an educator is found to have committed one or more of thecrimes listed in the code, including misdemeanor drug offenses, he orshe is to be fired immediately.Maynard is suing Bloom Township School District 206 in ChicagoHeights, the Illinois Board of Education and the Illinois TeacherCertification Board, alleging the law is unconstitutional because itpunished him retroactively for a crime he committed 22 years ago."It's not fair to destroy a person's career on something thathappened in his youth during an era when marijuana, Jimi Hendrix andWoodstock were fashionable," said Homewood attorney William Borah,who is representing Maynard. "How many baby boomers would beunemployed if they were held to the same standard?"Maynard, caught during a routine traffic stop, was carrying alittle more than 10 grams of pot - about 6 or 7 joints.Because teachers fired under the criminal background law are notallowed hearings to contest their dismissals, Maynard's suit alsoalleges that the loss of his job constitutes a loss of propertywithout due process or equal protection of the law.Although Bloom is named in the lawsuit, Maynard does not blamethe south suburban school, where he has taught for the last twoyears."There is a great respect for (Maynard's) talent and anappreciation for his teaching," Borah said. "They would haveretained him as a teacher at Bloom except for that statute."School officials declined to be interviewed, but in a letteradvising Maynard of his dismissal, Bloom Principal Lynda Byrd wrote:"Mike, please be reassured that this is not a reflection upon yourwork record at Bloom High School. You have given fine service to theschool and its students. It is, however, a matter of law which mustbe cleared."Borah said legislators are to blame for writing a "sloppy" lawthat keeps criminals out of classrooms but also arbitrarily punishesthose convicted of minor crimes.But state school officials say Maynard's firing is justified."The definition of a minor crime is in the eye of the beholder,"said Kim Knauer, spokeswoman for the Illinois Board of Education."Unfortunately, mistakes you make when you're young come back tohaunt you - rightly or wrongly. It's hard to make the exception."The law that prohibits Maynard from teaching does not includemurder as a grounds for termination.State Sen. Robert Raica (R-Chicago) is sponsoring a bill thatwould add murder and Class X felonies to the list of includedoffenses. Senate Bill 1486 passed out of the Senate last week andwill be heard in the House."The background check for teachers is to make sure that no ClassX felons, no child molesters, arsonists or those who committed anytype of serious crimes that would have the potential of endangeringthe child," Raica said. "I thought it was very odd that arson was inthere but murder wasn't."Raica also said he was surprised that "pot smoking" was on thelist, but he declined to comment specifically on Maynard's case.Maynard said the school did a background check when he was hiredbut apparently lost the information. His arrest showed up whenanother check was done.Maynard, a Crete resident and father of two sons, has a master'sdegree in public administration from Northwestern University. Heworked as a substitute teacher from 1979 to 1981 and as a budgetanalyst for George Ryan, now the Illinois secretary of state, whenRyan was lieutenant governor. After owning his own forklift servicebusiness, Maynard said, he decided two years ago to return to hispassion - teaching."I'm completely unemployable in the state of Illinois as ateacher," said Maynard, who has been selling heavy equipment sincehis firing. "It's all been very embarrassing. And it hurts becauseI can't do the job that I love."