STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF LEE COUNTY, ) FLORIDA, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1941

)

RONALD DALE SLAYBACK, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated hearing officer, K. N. Ayers, held a public bearing in the above styled cause on December 17, 1975 at Ft. Myers, Florida.

APPEARANCES

For Petitioner: Harry Blair, Esquire

Post Office Box 1467

Ft. Myers, Florida 33902

For Petitioner: Ronald Slayback

Testified in his own behalf Route 4, Carta Hana Avenue Ft. Myers, Florida 33905

ISSUE

By this Petition, the School Administration of Lee County, Florida, seeks to expel Ronald Dale Slayback on charges that on November 4, 1975, while a student at Riverdale High School, he engaged in throwing chairs at other students. Although the witness who observed Slayback throw chairs did not appear and testify inasmuch as his presence was required at the school at the time of the hearing, the principal of the school, James Middlebrooks, Jr., testified that at the preliminary hearing Slayback acknowledged that he had thrown chairs during the incident on November 4, 1975. The chairs involved in these incidents were chairs with metal legs and backs, and hard plastic seats and backs. They could cause serious injury to anyone hit by them.

At the time of the incident some 400 to 600 students were passing through the common area inside the building during a class change, and, but for the prompt and effective action of school officials, a race riot could have resulted.

Ronald Slayback testified in his own behalf. As Slayback was walking across the common area he was hit in the back with a chair. He also stated he was hit a second time as he ran toward Assistant Principal Hadley. When the chair was thrown at him he reacted by throwing another chair at his assailant,

Ronald Tape. He indicated that part of his chair throwing was in self defense and the other part was in retribution for having been hit with a chair.

Slayback has caused few disciplinary problems at Riverside. The only other problem involved his overreaction the year before when his brother was arrested. The brother was found not guilty of the offense for which he was arrested. In view of Ronald Slayback's prior disciplinary record, or lack thereof, expulsion in this case does not appear warranted.

From the foregoing it is concluded that Ronald Slayback is guilty of throwing chairs at other students as alleged. This is a serious offense and can cause injury to pupils in the school. All students were advised that chair throwing would not be tolerated and, if committed, would result in expulsion.

It is therefore,

RECOMMENDED that Ronald Slayback be suspended for 30 days.

DONE and ORDERED this 23rd day of December, 1975 in Tallahassee, Florida.

K. N. AYERS Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 23rd day of December, 1975.

COPIES FURNISHED:

Harry Blair, Esquire Post Office Box 1467

Ft. Myers, Florida 33902

Ronald Slayback

Route 4, Carta Hana Avenue Ft. Myers, Florida 33904

Docket for Case No: 75-001941

Orders for Case No: 75-001941