LAMBERT, OFFICIALS ADMIT GAFFES IN PRINCIPAL'S CASE

FALL RIVER -- School Committee members, including Chairman Mayor
Edward M. Lambert Jr., Wednesday admitted mistakes may have been made
in the handling of Slade School Principal Frederick Cippolini's suspension.

Cippolini, 59, told police he was a habitual crack cocaine user early
last month while reporting an alleged assault.

After a police investigation, both Cippolini and his friend, Timothy
Mulcahy, were summonsed into court on assault and battery with a
dangerous weapon charges.

Although both criminal cases were dropped prior to their respective
arraignments because neither would testify against the other, school
officials were made aware of the situation about a month ago.

Once notified of the pending charges and the crack cocaine admission,
Superintendent Nicholas A. Fischer immediately informed all School
Committee members and the mayor.

Fischer also moved to suspend Cippolini with pay, but no city
official ever notified Slade School parents of the suspension until
after The Herald News broke the story last weekend.

The news spurred outrage among parents and put the spotlight on
school administrators, the mayor and School Committee officials --
all accused by parents of hiding the suspension from the public.

School Committee Vice Chairman Brian Bigelow said he wishes the
Cippolini situation could have been handled better.

"Looking back, I really regret that we didn't tell Dr. Fischer that
we wanted parents notified about his suspension," Bigelow said. "We
have to admit our mistakes and move forward because the parents
deserve answers."

School Committee member Marilyn M. Roderick agreed that the situation
could have been handled differently, but said there was no conspiracy
to keep parents in the dark.

"I don't think anyone was trying to deceive anyone," Roderick said.
"If parents want to sit down and talk, then we will, but we never
intended to hide things."

Unlike Lambert, who said he assumed the school administration was
going to notify parents, Bigelow said he never got that impression
from Fischer.

"I really wasn't ever under the assumption that (Fischer) was going
to notify parents," Bigelow said. "I can't speak for anyone else, but
I never thought it was clear either way."

That assumption was also not shared by other members of the School Committee.

"I was not on the assumption that parents were going to be notified,"
said Timothy McCoy.

Roderick said the committee gave Fischer the directive to "to do what
you feel you have to do" because at the time the committee was
notified of the situation, the criminal case was still pending.

"I don't want to blame the superintendent here because I didn't say
'call the parents,' " Roderick said.

But Lambert Wednesday afternoon said he probably "assumed wrongly"
that Fischer was going to inform parents of the situation because the
previous superintendent had done so in similar cases.

"I could have asked him that question, but I just didn't for whatever
reason," Lambert said. "I'm not trying to lay blame anywhere. The
system didn't work, and I am part of that system."

However, Lambert said he disagrees with Fischer's decision not to
inform parents because of confidentiality issues.

"If you weigh confidentiality issues versus (Cippolini) leading an
elementary school, I think you have to favor discussing this issue
with parents," Lambert said. "I encouraged (Cippolini's) suspension
and think parents should have been informed."

Fischer declined to discuss Lambert saying he assumed the school
administration was going to notify parents.

"He's welcome to say that, but I'm not going to comment on his
comment," Fischer said.

Bigelow said he believes the blame for the handling of Cippolini's
suspension and crack abuse admission should be "shared amongst us all."

Lambert agreed, saying, "we all share responsibility."

Although he said he is reacting to the situation, Bigelow plans to
bring the matter up at the next School Committee meeting.

"The policy in place is not very clear, so I want to re-open this
issue and make the necessary changes," Bigelow said. "It should be
noted, though, that the most important thing is (Cippolini) is no
longer at the school and will not be in the future.

"He obviously has a problem that he needs to work on. It just shows
that substance abuse affects us all, not just the guy on the street corner."

Both McCoy and Lambert suggested the committee needs to sit down with
Fischer and School Department attorney Bruce Assad to determine what
options are available and if the drafting of a definitive policy is possible.

Roderick suggested Fischer and Lambert develop a committee that would
look into the creation and enforcement of a policy to deal with
employees who have a substance abuse problem.

"This has to be discussed. If some of us feel differently about how
to handle situations like this, then we have to talk about how to
deal with these things in the future," Lambert said. "I really want
us all to be on the same page."

As the committee attempts to determine if a specific policy is
needed, Fischer said as far as he is concerned, the Cippolini matter
has reached a conclusion.

"As far as I'm concerned, this matter is closed," Fischer said. "We
have negotiated an agreement and what ever happens, in terms of an
investigation, is between Mr. Cippolini and law officials."

Fischer said the School Department is currently advertising to fill
the position permanently, but that he will take the "time to find the
best person."

Employment Law

Fischer said that instances of substance abuse among employees are
looked at on a case-by-case basis. He said an employee assistance
program is in place to provide counseling services to those who need
them. He also said that when a law is violated, action must be taken.

"In this case I felt incumbent to act, and to do that I suspended
(Cippolini) with pay because to suspend him without pay would
essentially say that he is guilty," Fischer said.

He added that developing a written policy to follow in all cases
would likely be fruitless because all substance abuse cases must be
judged on their own merit.

Marylou Fabbo, a partner at the employment law firm of Skoler, Abbot
& Presser in Springfield, said an employee in Cippolini's situation
is not protected under state or federal anti-discrimination laws.

She said only a former drug user who is seeking a job after
rehabilitating himself or herself is offered protection under the law.

"An employer has the right to terminate any employee who is found to
be using illegal drugs during their tenure in the job," Fabbo said.
"An employer has no obligation to keep employing a crack head."

Fabbo, however, said if Cippolini is a "contracted" employee who has
a caveat in his contract dealing specifically with substance abuse
issues, then the employer would have to adhere to it.

"If he doesn't have a contract, then he is an employee at will," Fabbo said.