STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PROFESSIONAL PRACTICES COUNCIL, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1787

)

JAMES DAVID ALFORD, III, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this cause on February 15, 1977, in Jacksonville, Florida. The Professional Practices Council, herein sometimes called the Council, seeks to revoke James David Alford, III's, sometimes called the Respondent herein, teaching certificate based on a recommendation filed August 25, 1976, by Rita E. Jones, Chairman of the Council. The Council alleged that the Respondent had engaged in conduct which will be set forth in detail hereinafter which seriously reduced his effectiveness as an employee as defined in Section 231.28, Florida Statutes.

APPEARANCES

For Petitioner: David A. Barrett, Esquire

Post Office Box 1501 Tallahassee, Florida 32302

For Respondent: William H. Maness, Esquire

603 Florida Theatre Building Jacksonville, Florida 32202

Specifically, it is alleged that the Council's Executive Committee found cause to believe that on December 3, 1974, the Respondent, while acting in his capacity as industrial arts teacher at Southside Junior High School in Duval County, conducted himself in an unprofessional and unethical manner by physically abusing, striking and corporally punishing one of his students, Gary Roary. The Committee alleged further that it found cause to believe that the Respondent had on numerous occasions used inappropriate physical force to discipline his students, including bending students' fingers back, twisting students' arm behind their backs, hitting students with sticks, pushing students and hitting students with his hands and fists; despite warnings from J. R. McDaniel, Principal at Southside Junior High School, concerning the use of physical force with students. Respondent, through his counsel, filed an answer to the petition for revocation of his teaching certificate in which he denied all the operative allegations to the petition.

Based upon my observation of the witnesses and their demeanor, the arguments of counsel, and briefs which have been received by me and have been

carefully considered in preparation of this recommended order, I hereby make the following:

FINDINGS OF FACT

1. James D. Alford, III, was initially employed by the Board of Education in the Public Schools of Duval County, Florida during January of 1973. Respondent holds teacher's certificate no. 333009, graduate, rank 3 and is a graduate of Tuskegee Institute where he received a B.S. Degree in Industrial Arts. For approximately two and one-half years subsequent to January, 1973, he was assigned to southside Junior High School as an Industrial Arts Special Education Teacher in a pilot program. It appears that there is no difference in the qualification required for teachers of industrial arts in special education programs as opposed to other industrial arts teachers that are certified in industrial arts. In addition to his employment with the Duval County School Board, Respondent served in a student teacher training program for nine weeks in Montgomery, Alabama. Respondent, during his assigned duties for the Duval County School Board, taught a special education industrial arts class consisting of seventh, eighth and ninth grade students. He trained students how to safely use tools and to perform projects requiring the use of industrial arts tools.

   He assigned students projects based on their manipulative skills. He noted that "special ed" students had to be trained to use even the simplest tools such as hand saws. Respondent testified that discipline was a major problem in teaching "special ed" students and that for the first and/or minor offense, he attempted to discipline students by verbal commands and that when that failed he sent students to the Dean's Office. He denied ever using physical force to punish students for unruly conduct. His testimony is that his only physical contact with students was to restrain them from physical acts and it suffices to say that he denied all of the allegations filed by the Council in its petition to revoke his teaching certificate. Respondent was aware of the Board's policy respecting discipline and testified that he never administered corporal punishment to students. Following altercations with two students during late 1974, Respondent was offered transfers on at least two occasions which he declined because he "had recently received approximately $5,000.00 of new shop equipment" and further that he wanted to remain at Southside for a sufficient period in order to administer in a smooth and efficient manner the special ed industrial arts program at Southside.

   
   

2. The first significant incident involving the Respondent occurred during December of 1974 during an altercation with one of his students i.e., Gary Roary. According to Respondent, Roary initially hit him whereupon he retaliated by striking him back. Roary then left the room, picked up a two by four and returned to the classroom where Roary attempted to hit Respondent. Respondent, in an effort to snatch the two by four from Roary, shoved him causing him to fall on a saw. Roary sustained an injury which required three sutures at the emergency room at a local hospital. Respondent states that he did not know that Roary had injured himself until he was later called to the office where he was told to meet with Mr. Buford Galloway. The Principal, J. R. McDaniel, investigated the incident involving Gary Roary and concluded that Respondent was "rather rough with Gary". See Petitioner's Exhibit #1. Respondent testified that the incident occurred during a demonstration of a "boomerang" that he had constructed to motivate students to make one. He first threw the boomerang and then a student threw it. When the student threw the boomerang, it struck a teacher's car which resulted in a scratch. One of the students relayed this information to the teacher involved, Ms. Williams, whose car was parked near the shop area. A brief uproar resulted when the boomerang struck Ms. William's car and Respondent grabbed Willie Critton, another student by the front of his

   shirt. Roary yelled for Critton to hit Respondent and evidence revealed that Respondent retorted by saying "hit me, hit me," when Roary said "hit him".

   Respondent released Critton and grabbed Roary and this brought about the above incident in which Roary sustained the cut. Respondent admits to pushing Roary and striking him on the right shoulder stating that this was done in self- defense. He acknowledged that it was probably a mistake for him to hit Roary. Following this incident, Respondent was transferred to another school for the remainder of the school term.

   
   

3. Marilyn Bagby, a program coordinator for mentally retarded for the Duval County School Board testified that she has known Respondent since 1972, and that during a visit to one of his classes, she saw a student roaming the hallway in front of his class. She testified generally that she was able to determine that students had been left out in the hall for periods up to approximately three weeks. However Mrs. Bagby was not specific in her testimony respecting these incidents and for these reasons, little weight can be attached to her testimony.

   
   

4. Lowell T. Hudson, Industrial Arts Superintendent for the Duval County School Board, testified that the Respondent's class was properly equipped and that during his visits to Respondent's class, he noticed discipline problems. Mr. Hudson was involved in one conference concerning the disciplinary procedures utilized by Respondent and during a subsequent incident, Respondent was transferred. Joseph R. McDaniels, the Prinicpal at Southside High for approximately four years and an employee for approximately 19 years testified respecting approximately five conferences concerning Respondent and his disciplinary techniques. On three of these conferences, he wrote memos respecting the details of such conferences. He explained the City wide disciplinary policy to Respondent and cautioned him against using corporal punishment to discipline students. He recalled that two conferences occurred during May of 1974 and a third conference occurred during December of 1974. Ms. Eleanor Williams, the instructor whose car was struck by the boomerang which was thrown by one of Respondent's students, testified that Respondent assisted her on one occasion in a dispute with a student who was fighting another student. Respondent requested that Ms. Williams go to his office to obtain his stick which she refused and thereafter he asked the students to go get his stick. She testified that one student who was involved in the altercation had a paring knife. Respondent, in an effort to break up the students, swung at one student and missed striking a refrigerator and a bread box resulting in a dent in the refrigerator of approximately eight inches. Respondent, according to Ms. Williams, never requested that the students stop fighting. Instead Respondent kicked one of the students, Tim Walden, and Don Jones, the other student who was involved was struck in his face. At that time, several instructors were summoned who restrained Respondent from further hitting the students. 1/

   
   

5. Willie J. Critton, a 16 year old eleventh grade student attended shop classes with Respondent during his eighth grade school year. He testified that on numerous occasions, Respondent bent his fingers back and twisted his fingers. He further testified that it was common practice for Respondent to expel students from his class room and force them to stand outside in the hallway.

   
   

6. Gary Roary was called and testified substantially as other witnesses who gave testimony on the boomerang incident during December of 1974. Specifically, he testified that Respondent hit Willie Critton and thereafter grabbed him. During the above incident, he was shook by Respondent and struck in the mouth. When he broke away from Respondent, he left the classroom, obtained a stick and entered the room. Upon his return, he swung at Respondent

   and fell when Respondent shoved him and his head struck a saw. This resulted in the cut referred to above which required three stitches.

   
   

7. Betty Allison, a qualified expert in mental retardation, testified that while discipline is a problem in teaching EMR students (Educable Mentally Retarded), she objected to the disciplinary procedures utilized by Respondent calling them inappropriate in EMR situations. She testified that to be effective, EMR instructors must devise well organized lesson plans and that classroom instruction must be motivating in order to secure and retain the students' attention. Other witnesses testified that EMR students cause more discipline problems than others and generally testified that Respondent was effective as most instructors in teaching EMR students.

   
   

8. Section 231.28, Florida Statutes, 1975, empowers the Department of Education to suspend or revoke a valid Florida Teaching Certificate held by an individual who is committing or has committed certain acts or omissions which justify revocation or suspension on grounds enumerated in the statute. One of the grounds as provided in the statute exist when the teacher, upon investigation, has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the School Board. Here the Petitioner seeks revocation of the Respondent's teacher's certificate based on the fact that he has allegedly engaged in numerous offensive activities, which has seriously impaired and reduced his effectiveness as an employee.

   
   

9. After careful consideration of all the evidence adduced herein, the testimony of witnesses and the arguments of counsel, I conclude that the disciplinary measures used by the Respondent departed from the county's established procedure for disciplining students and despite repeated warnings that he refrain from corporally punishing students, he continued to do so. His conduct in the Gary Roary and Willie J. Critton incident on December 3, 1974, is exemplary of his disciplinary methods. Based thereon and the entire record herein, I find that Respondent's usefulness as a teacher-employee has been reduced within the meaning of Section 231.28, Florida Statutes.

RECOMMENDATION

Based on the foregoing finding of facts and conclusions, I hereby RECOMMEND:

1. That the Respondent's teaching certificate be suspended for a period of one year.

DONE AND ENTERED this 10th day of May, 1977, in Tallahassee, Florida.

JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

ENDNOTE

1/ To the extent that Ms. Williams testimony differs from Respondent's, the former version is credited inasmuch as Respondent was generally evasive while testifying whereas Ms. Williams was forthright and direct in her testimony.

COPIES FURNISHED:

William H. Maness, Esquire 603 Florida Theatre Building Jacksonville, Florida 32202

David A. Barrett, Esquire Post Office Box 1501 Tallahassee, Florida

Mr. James D. Alford, III 2046 College Circle, South Jacksonville, Florida 32209

Mr. Tom Benton

Professional Practices Council

319 West Madison Street Tallahassee, Florida 32304

================================================================= AGENCY FINAL ORDER

================================================================= BEFORE THE STATE BOARD OF EDUCATION OF FLORIDA

IN RE: JAMES D. ALFORD, III DOAH CASE NO. 76-1787

/

ORDER

THIS CAUSE came on to be heard before the State Board of Education, duly assembled, upon the Petition of Rita E. Jones as Chairman of the Professional Practices Council for the suspension of the teacher's certificate of the Respondent, JAMES D. ALFORD, III, Department of Education Certificate Number 333009.

It appearing that the Respondent has been granted all procedural and other constitutional rights in the premises, and the Board having had due deliberation thereon and further having reviewed the entire record, the Board makes the following findings of fact and conclusions of law.

1. The Respondent presently holds Florida Teacher's Certificate, Number 333009, valid until June 30, 1980.

   
   

2. JAMES D. ALFORD, III is guilty of personal conduct which seriously reduces his effectiveness as an employee of the School Board in that while acting in his capacity as Industrial Arts teacher at Southside Junior High

   School in Duval County on December 3, 1974, conducted himself in an unprofessional and unethical manner by physically abusing, striking and corporally punishing one of his students, Gary Roary.

   
   

3. JAMES D. ALFORD, III has on numerous occasions used inappropriate physical force to discipline his students, such force including bending students' fingers back, twisting students' arms behind their backs, hitting students with sticks, pushing students and hitting students with his hands and fists. The disciplinary measures used by the Respondent departed from the county's established procedure for disciplining students despite repeated warnings that he refrain from corporally punishing students.

   
   

4. Pursuant to Florida Statute 231.28, the Florida teaching certificate of any person who has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board or who has otherwise violated the provisions of law is subject to revocation or suspension.

ORDERED AND ADJUDGED that the teacher's certificate of JAMES D. ALFORD, Respondent, Department of Education Certificate Number 333009, be and the same is hereby suspended for a period of three years.

DONE AND ORDERED at the State Board of Education meeting in open session at Tallahassee, Florida, as of the 6th day of July, 1977.

Reubin O'D. Askew, Governor; Chairman

Bruce A. Smathers, Secretary of State

Robert L. Shevin, Attorney General

Gerald A. Lewis, Comptroller

Bill Gunter, Treasurer

Ralph D. Turlington, Commissioner Education; Secretary-Executive Officer

Doyle Conner,

Commissioner of Agriculture

As and constituting the State Board of Education of Florida, as assembled for the purposes herein.

Duly recorded in the official records of the State Board of Education of Florida.

I HEREBY CERTIFY that the foregoing

Order was finalized and a copy was mailed to JAMES D. ALFORD, III this 4th day of August, 1977 by United States Mail.

Hugh Ingram, Administrator Professional Practices Council

Docket for Case No: 76-001787

Orders for Case No: 76-001787