STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF LEE COUNTY )

FLORIDA )

)

Petitioner, )

)

vs. ) CASE NO. 75-2009

)

LULA MAE GLOVER )

)

Respondent. )

)

RECOMMENDED ORDER

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

APPEARANCES

For Petitioner: Harry Blair, Esquire School Board Post Office Box 1467

Fort Myers, Florida 33902

For Respondent: Lula Mae Glover was

present but did not testify.

By this Petition, the School Administration of Lee County, Florida seeks to expel Lula Mae Glover on charges that on November 6, 1975, while a student at Cypress Lake High School, she was insubordinate and physically assaulted a dean by scratching him, tearing his shirt, and breaking his glasses.

During a scheduled physical education class at Cypress Lake High School the students were engaged in watching a movie and listening to a lecture. When Lula Mae Clover started to leave the class Mrs. Mary Smalley, a teacher at Cypress Lake High School, asked her where she was going. Lula Mae replied that she was leaving, and when told that she could not leave, she said she was going anyway and there was nothing the teacher could do about it. Mrs. Smalley then told her to accompany her to the dean's office. On the way to the dean's office she asked her name, as she was not a student in Mrs. Smalley's class. Lula Mae first refused to give her name. As they approached the dean's office Lula Mae started to leave and Mrs. Smalley called another teacher to help prevent her departure. Mrs. Smalley then went into the dean's office to advise the dean.

Ed Baker is the Dean of Boys at Cypress Lake High School. On November 6, 1975 a student came into his office to advise him that a teacher needed help getting a student to the dean's office. He started outside to help about the time Mrs. Smalley came in with Lula Mae behind her. He told Lula to sit down, but she replied that she didn't want to. After advising her once or twice more to take a chair and that if she did not obey him he would suspend her for seven days, she still refused. He then reached over to take her by the elbow to

escort her to a chair. After taking one or two steps she pulled away, made a comment to the effect to "get your damn hands off me" and proceeded to attack Dean Baker. She knocked his glasses off and started scratching. Mr. Squitier, another dean of boys, came out of his office at this time and attempted to assist in holding her hands. Mr. Baker had received a scratch near his eye which was bleeding. Mrs. Caroline McCollum, who was the Dean of Girls at Cypress Lake High School, also witnessed part of the incident. Mrs. Smalley had come into her office to tell her what had happened while Lula was still in the outer office. She heard Lula yell for someone to take his damn hands off her, then she heard scuffling. When she opened the door she saw Lula scratching Mr. Baker and blood streaming from Mr. Baker's face. After a few moments of consternation she stepped between Lula and Baker and grabbed Lula by the waist. At that time Lula started kicking at Baker around Mrs. McCollum and kicked him in the groin. After things were calmed down they ascertained the name of the student who had caused the trouble to be Lula Mae Glover. She gave no reason for her conduct.

At a preliminary hearing conducted by Roger Jones, the principal at Cypress Lake High School, she was given an opportunity to present evidence in her own behalf and to cross examine witnesses. There she stated the reason for leaving class was because her menstrual cycle had started. Inasmuch as she had made no comment of this to Mrs. McCollum at the time of the incident there is serious doubt that this was so. In any event it was no justification for her conduct.

From the foregoing it is concluded that Lula Mae Glover is guilty as alleged. Attacking a teacher is a serious offense. It would appear that teachers have enough problems with unruly students without having to fear bodily harm from these same students. Any student who commits such an offense should receive the most serious punishment available to the school. It is therefore,

RECOMMENDED that Lula Mae Glover be expelled.

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

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Harry Blair, Esquire Post Office Box 1467

Ft. Myers, Florida 33902

Lula Mae Glover Route 19, Box 630

Ft. Myers, Florida 33901

Docket for Case No: 75-002009

Orders for Case No: 75-002009