The case of a Marianna middle school teacher, disciplined for using racial slurs in class, resurfaced Tuesday night.

Newly elected Jackson County school superintendent Lee Miller had a lot on his plate Tuesday.

In the morning he officially took over from out-going superintendent Danny Sims.

A few hours later he found himself defending one of Sims' last decisions as superintendent. The case deals with last month's suspension of Marianna middle school teacher Greg Howard.

Howard allegedly used a racial slur in class.

The school board went along with Sims' recommendation of 10-days suspension and a transfer to an adult education facility.

Benjamin crump, the attorney representing at least one of the student's family, wanted Howard fired. Tuesday night,

He returned to Marianna, asking the board to reconsider, based on the fact Sims and Howard are related.

"We all want to know if it's true that they are related or not and why wasn't that conflict or information divulged?" Crump said.

Crump says there clearly is a relationship there, but board members don't see it that way.

"I believe Mr. Sims' father and Greg Howard's wife's grandfather were brothers," Frank Bondurant, Jackson County school board attorney said.

That would make Sims and Howard second cousins.

"I think it's clearly nepotism,” said Crump. “Sitting in judgment of your cousin when he does bad. I think it's clear that this was premeditated."

School board officials disagree, citing Florida statue 112.

"The employee who was disciplined was not a relative of Mr. Sims so that's not a conflict of interest."

Yolanda Oaks' 12-year old daughter was in Howard's class when the alleged racial remarks were put on the chalk board.

"I'm really outraged that this happens and I feel like it's because they're related and there's nothing being done about it," said Oaks.

“This is 2008 and it shouldn't be like this. This discrimination is uncalled for and shouldn't be like this and our children are suffering for it," Florida McMillian, Oaks' grandparent said.

School board officials said they would take the matter into consideration, but at this point; do not plan to alter Howard's punishment.

Crump says he plans on taking this even further, to achieve justice for the students.