Generic Viagra Sale Gets Teacher Fired

     LAS VEGAS (CN) – A Nevada teacher claims he was wrongly fired after selling a Siamese “oral jelly” erection drug to an undercover cop.
     Michael Rowe taught science at Southwest Behavioral Academy in Las Vegas, an alternative school run by the defendant Clark County School District.
     Rowe bought an “erectile dysfunction remedy called Kamagra Oral Jelly” in Thailand in 2014 and brought it through Customs with no problem, he says in his April 13 complaint in Clark County Court. He says he’s also bought it through the Internet and had no reason to believe it was a controlled substance.
     He calls it “more akin to an herbal remedy, although it is not directly derived from an herbal source.”
     A website promoting Kamagra Oral Jelly, checked Friday morning, indicates it is a generic form of Viagra (Sildenafil citrate), sold in “fruit-flavored gel sachets.”
     Rowe claims that at a time when he was “desperate for money,” he the oral jelly on Craigslist and was arrested for “‘furnishing a dangerous drug without a prescription'” after selling it to an undercover police officer in February 2014.
     Rowe says he also was accused of offering to sell marijuana and oxycodone to the undercover officer, but he did not.
     He claims that the marijuana and oxycodone allegations were supposed to be sealed, but the school district managed to get a hold of them. The school district “unlawfully” or “improperly obtained records” of his criminal arrest on Feb. 21, 2014 and fired him on April 18, 2014 for “‘immorality,’ ‘(pending) conviction of a felony,’ and ‘gross misconduct.'” (Parentheses in complaint.)
     After he was fired, Rowe says, he was charged with “possession of a drug not in interstate commerce,” which was reduced to a misdemeanor and eventually dismissed.
     Rowe says nothing he did qualifies as “immorality” in Nevada law and that he should have been reinstated as a teacher after the criminal complaint was dropped in June 2014. Nor did he do anything that qualifies as “gross misconduct” in Nevada, nor was he charged with or convicted of a felony.
     He claims the school district’s collective bargaining agreement also protects him.
     The collective bargaining agreement states that “the personal life of a teacher is not an important concern of the district and, therefore, shall not affect the teacher’s employment status except when it has a legally relevant connection to the teacher’s employment,” according to the complaint.
     The agreement also says the school district cannot retain personnel records on criminal charges that were dismissed, Rowe says.
     Rowe says the school district fired him “for the lawful activity of using Kamagra Oral Jelly in his personal life and providing the remedy to others on a few occasions.”
     The teachers’ bargaining unit, the defendant Clark County Education Association, was obligated to file a grievance on his behalf, but Rowe says it did not.
     An arbitrator in November 2014 upheld his firing, saying his offer to sell marijuana and oxycodone to the undercover officer “constituted gross misconduct and immorality and provided sufficient justification” to fire him, according to the complaint.
     But Rowe says his arrest record should have been sealed and that information never given to the arbitrator. He claims he “never had any intent to sell and never actually sold marijuana and/or oxycodone to the undercover” officer and was charged only with selling the Kamagra Oral Jelly, which was dismissed.
     He claims the defendant Las Vegas Metropolitan Police Department illegally interrogated him without reading him his rights and denied him the right to have an attorney present.
     He accuses the school district of wrongful termination and unlawful use of records of criminal history.
     He accuses the Clark County Education Association of breach of contract.
     He accuses the school district, teachers’ union and the police of violating his civil rights and inflicting emotional distress.
     He asks the court to vacate the arbitration award against him and seeks injunctive relief, damages, punitive damages, attorney’s fees and costs.
     His attorney Alexis Brown, with Kajioka & Associates, said Rowe’s complaint will be amended and declined to comment until it is.
     Clark County School District and Las Vegas Metropolitan Police declined to comment on pending litigation.

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