STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF LEE COUNTY, ) FLORIDA, )

)

Petitioner, )

)

vs. ) CASE NO. 75-2021

)

CHARLES WILLIAM AULT, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated hearing officer, K. N. Ayers, held a public hearing 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 Respondent: Charles Ault and

Ronald E. Ault, Respondent's father ISSUE

By this Petition, the School Administration of Lee County, Florida seeks to expel Charles William Ault, Respondent, on allegations that on November 13, 1975, while a student at North Ft. Myers High School, he phoned in a bomb threat to the school and that he was frequently absent from classes from the time he enrolled in the school until he was suspended following the bomb threat.

FINDINGS OF FACT

1. On November 13, 1975, the telephone operator at North Ft. Myers High School received a telephone call in a male voice saying, "There is a bomb at the school." When she inquired, "There is?" the voice replied, "Uh-huh" and hung up. The telephone operator notified the principal and proceeded to have the call traced. With the cooperation of the telephone company and police the call was traced to the Ault residence. When accosted by the police, Charles Ault admitted that he had made the threatening phone call. At the preliminary hearing which led to Ault's suspension he admitted making the bomb threat.

   
   

2. Charles Ault was a late enrollee at North Fort Myers High School, enrolling September 16. Commencing about September 22 he skipped nearly all of his classes. He rode the bus to school, but did net attend classes. He hid in the vicinity of the school, but stayed away from classes. When observed and told by various teachers to go to class he declined to do so. During this time

   the visiting teacher at North Fort Myers High School (who is actually a social worker to help students with their problems) was in contact with Ault and discussed with him his problems with respect to school attendance. Although she saw him almost daily, he still remained absent from his classes. As a result of his absences, Charles .was suspended on October 10, 1975 for absences and disobedience of those teachers who had told him to go to class.

   
   

3. Ronald Ault testified in behalf of his son. He believed that the reason for the bomb threat called in by his son was because Charles was mad at the school. When Mr Ault learned of the bomb threat he advised his son to admit what he had done. Subsequent to this last suspension Charles has been working with his father daily in his occupation as a painter.

   
   

4. From the foregoing it is concluded that Charles Ault is guilty of making a bomb threat as alleged and also of being involved in numerous absences from his classes during the time he has been enrolled in North Fort Myers High School. Bomb threats constitute a very sinister and serious problem. Numerous bomb threats could lead to complacency and a failure to regard seriously similar to the fable of the boy who cried wolf. If they are not taken seriously and a real bomb is planted many children could be killed or injured. As a result, making a threat is almost as serious as actually planting a bomb, and cannot be tolerated. It is therefore,

RECOMMENDED that Charles W. Ault be expelled from school.

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 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

Charles W. Ault, and Ronald Ault

923 Narcissus Street

North Fort Myers, Florida 33903

Docket for Case No: 75-002021

Orders for Case No: 75-002021