STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PROFESSIONAL PRACTICES COUNCIL, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1789

)

LESTER A. STRICKLAND, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Diane D. Tremor, Hearing Officer with the Division of Administrative Hearings, on April

26 and 27, 1977, in the Gardner Seminar Room of Gulf Coast Junior College, Panama City, Florida.

APPEARANCES

For Petitioner: J. David Holder, Esquire

Barrett, Boyd and Holder Post Office Box 1501 Tallahassee, Florida 32302

For Respondent: Fred Turner, Esquire

Post Office Box 1120

Lynn Haven, Florida 32444 INTRODUCTION

By "petition for the revocation of teacher's certificate," the Professional Practices Council seeks to revoke respondent Strickland's teaching certificate pursuant to Florida Statutes Section 231.28. It is alleged that respondent has committed acts which constitute gross immorality; that he has been guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board; that he has failed to maintain himself as an appropriate example for pupils as required by Section 231.09; and that he has refused to comply with the regulations of the State Board of Education or the district school board.

More specifically, the respondent has been charged with:

1. providing students at Everitt Junior High School with marijuana;

   
   

2. smoking marijuana in the presence of Everitt Junior High School students while some of the same students were themselves smoking marijuana;

   
   

3. bringing marijuana onto the school grounds;

   
   

4. having a student bring marijuana onto the school grounds after obtaining the same from his car;

5. making remarks to a student in a classroom, which remarks were of a sexual nature, lewd, lascivious, unethical and inappropriate;

   
   

6. falsely and, fraudulently taking and accepting sick leave on October 30, 1974; January 20, 1975; January 24, 1975; February 28, 1975; and April 11, 1975;

   
   

7. absenting himself from a faculty meeting on February 3, 1976;

   
   

8. subjecting a student to unnecessary embarrassment and/or disparagement by discussing matters relating to the student with another educator without assuring that others did not overhear;

   
   

9. harassing, coercing and otherwise annoying both students and educators in a manner causing embarrassment and disparagement to those present; and

   
   

10. misrepresenting his professional experience and qualifications by indicating on his application for employment that he had been an assistant superintendent while working in the Tuskeegee, Alabama School District.

FINDINGS OF FACT

Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found:

1. At all times pertinent to the charges herein, respondent Strickland was an Industrial Arts teacher at Everitt Junior High School in Panama City, Florida. The Personnel Record filed at Everitt contains spaces on the back for "teaching experience and record." Written in pencil for the years 1965 through 1969 is "Macon Co. Bd. of Ed., Tuskeegee, Ala., Ass. Supt., Dir. of Psy." (Exhibit 1) Respondent denies that this was his handwriting. Mr. John T. May, the Principal of Everitt, called the Superintendent at Tuskeegee, a Mr. Byas, to verify this. He was told by Byas that respondent had been a counselor for the Title 1 program there, and had not been an assistant superintendent. A letter from Joe C. Wilson, who is listed as respondent's supervisor for those years on respondent's application for employment with the Bay County Public Schools, states that respondent was employed as a school psychologist. The letter further states:

   
   

   "His specific assignments were to coordinate the statewide testing program, to test students referred to E. M. R. classes, and handle psychological services in the Head Start Program. On occasions Mr. Strickland was assigned other duties, such as repre- senting the school in lieu of the Superin- tendent and the handling of some admini- strative details." (Exhibit H)

   
   

2. Respondent submitted to Principal May five "temporary leave" forms requesting sick leave for the following dates: October 30, 1974; January 20, 1975; January 24, 1975; February 28, 1975; and April 11, 1975. Each of the leave forms were submitted from one to three days after the leave was taken. On two of these forms, respondent stated in the space provided for "explanation of request" that he was sick. (Exhibit 2) In reality, respondent was attending personal business in Mobile, Alabama on those dates. (Exhibit 3) In the manual

   for instructional personnel of Bay County Schools, "sick leave" is defined as "personal illness or disability of the teacher or illness or death of a member of the immediate family." Said manual also provides for personal leave without pay for absences for personal reason, the leave to be requested and approved prior to the absence. Also, it is provided that two days of sick leave may be used with pay for personal business. In such event, the teacher is to notify the principal at least five days in advance, except in cases of emergency.

   Respondent testified that he told Mr. May that he had personal business to attend to in Mobile, Alabama, and that May instructed him to arrange for a substitute and take sick leave.

   
   

3. During a class period, respondent walked by the home economics room when the class was preparing food. The male students in the class were required to wear aprons and hairnets. Respondent was near the window and made remarks to Bobby Golding to the effect that he looked sweet and would make a nice housewife. This disrupted the class and embarrassed Mr. Golding. The home economics teacher, Ms. Collins, testified that other male students in her class had complained that respondent had teased them about wearing hairnets and/or aprons.

   
   

4. At a time when a group of students were present, respondent confronted Ms. Collins in the school hallway. She did not wish to talk to him at that time and walked away from him. Respondent pursued her and continued to call her name in a demanding tone. Ms. Shipbaugh, a guidance counselor, also testified that respondent embarrassed her on several occasions in front of other faculty members by either degrading her qualifications as a counselor or by yelling at her.

   
   

5. A teacher's aide at Everitt testified that she and respondent, along with about 25 other persons, were standing in line at a post office on a Saturday in January of 1976. According to her, respondent began making remarks about Mr. May being intoxicated at a school Christmas party. While others overheard his remarks, she did not recognize any students, parents or faculty members among those present. Respondent denied this incident at the post office.

   
   

6. After several verbal and written announcements had been made to the faculty at Everitt, a faculty meeting was held on the morning of February 3, 1976. The Vice-Principal, Ms. McGill, testified that respondent was not present at this meeting, and she wrote a letter to him reprimanding him for this. (Exhibit L) A speaker at that meeting remembered seeing respondent in the hall after the meeting, but could not recall whether respondent was present during the meeting. No roll call was taken during the meeting. Respondent testified that he did attend this faculty meeting.

   
   

7. Principal Mays received several complaints from students regarding remarks made to the students by respondent in his classroom. Two students testified that respondent had put his hand on their chest or his arm around their neck during class. Bobby Golding testified that respondent had made a remark to him in shop class concerning the hair on Golding's head being similar to the hair in respondent's pants. Golding said he knew that at least one other student heard this remark because they discussed it immediately thereafter.

   
   

8. Four students who attended Everitt Junior High School testified that they had seen respondent smoke marijuana. Three of these four students took industrial arts from respondent. Kenneth Lynch saw respondent smoke marijuana at the Parker ball park and at the home of Vito Knowles. Bobby Golding was

   present and saw the same two incidents. Gary Guidas saw respondent smoke marijuana at the home of Vito Knowles and behind Guidas' house. The ball park and the Knowles' resident incidents occurred in the presence of other students, who were also smoking marijuana at the same time. During the gathering at the Knowles residence, "mushroom tea," an hallucinogenic substance, was also being consumed by the students. It is not clear from the testimony whether or not respondent was partaking of the "tea." One student testified that respondent supplied him with a marijuana cigarette on one occasion. None of the smoking was done on the school grounds, according to the students. Respondent denied having ever smoked marijuana as related by these students. It was his testimony that he never went to the Parker ball park or to Vito Knowles' home.

   
   

   CONCLUSIONS OF LAW

   
   

9. As noted in the Introduction, respondent has been charged with ten allegations which, if proven, would constitute grounds for the suspension or revocation of his teaching certificate pursuant to Florida Statutes Section

   231.28. At the hearing, there were serious factual discrepancies between the testimony of the witnesses and that of respondent, mainly resulting in a denial by respondent of all facts presented by the various witnesses. In resolving these conflicts, due regard has been given to the credibility of the witnesses and their testimony, their demeanor on the witness stand and corroboration of their testimony by other witnesses.

   
   

10. Charges 1 through 4 involve the use, possession or distribution by respondent of marijuana. Upon a careful consideration of all the evidence relating to thins issue, the undersigned concludes that charges 1 and 2 have been proven by the petitioner, but that there is not sufficient evidence to support the allegations of charges 3 and 4. There was no evidence adduced at the hearing that respondent ever brought marijuana onto the school grounds or that he instructed another student to retrieve marijuana from his car and bring it onto the school grounds. The testimony from four students does support the allegations that respondent did provide at least one of his students with marijuana and did smoke marijuana in the presence of other students while these same students, eighth and ninth graders at the time, were themselves smoking marijuana. This latter activity occurred on at least two occasions. By encouraging ninth grade students to violate Florida law and by participating and perhaps setting an example for students, respondent has engaged in personal conduct which seriously reduces his effectiveness as an employee of the school board.

    
    

11. Respondent has further reduced his effectiveness as a teacher, and particularly a junior high school teacher, by making inappropriate remarks of a sexual nature to student Bobby Golding during his class time.

    
    

12. The evidence supports the charge that respondent falsely and fraudulently took and accepted sick leave on five different occasions when he was in reality attending personal, business in Alabama. This constitutes a violation of the Bay County instructional personnel rules and regulations.

    
    

13. The undersigned concludes that the evidence fails to support the charge that respondent failed to attend a noticed faculty meeting on February 3, 1976. While Ms. McGill testified that respondent did not attend said meeting, no roll call was taken at the meeting, respondent stated that he did attend and respondent made a remark to the speaker concerning his talk at the end of the meeting. There is insufficient evidence to conclude that respondent did not attend the February 3rd meeting.

14. Nor does the undersigned find sufficient support in the record for the charge that respondent subjected a student to unnecessary embarrassment and/or disparagement by discussing matters relating to the student with another educator without assuring that others did not overhear. The only inference of fact supporting such a charge came from Ms. McGill. The testimony regarding this was vague and was of a hearsay nature and therefore could not form the basis for a finding of fact.

    
    

15. The charge that respondent harassed, coerced and otherwise annoyed both students and educators in a manner causing embarrassment and disparagement to those present is supported by the testimony of Bobby Golding, Ms. Collins and Ms. Shipbaugh. In harassing a male student in a home economics class, respondent did not conduct his "professional business in such a way that he does not expose the student to unnecessary embarrassment or disparagement," in violation of Florida Administrative Code Rule 6B-1.02(2)(d).

    
    

16. Finally respondent is charged with misrepresenting his professional qualifications on his application for employment. There is not sufficient evidence in the record to support this charge. Respondent's "application for employment" was received into evidence as Exhibit G. On this document, respondent states that he was a school psychologist for the Macon County Board of Education. It is only on respondent's "personnel Record" (Exhibit 1) that "Ass. Supt." is stated for the years 1965-69. While the handwriting on said record appears (through comparison with other documents) to be that of the respondent, it cannot be concluded with certainty that it is the respondent's handwriting. Also, it is possible from the description by Mr. Joe C. Wilson of respondent's employment duties and responsibilities in Macon County that respondent did, on occasion, act as an assistant superintendent. (Exhibit H)

    
    

17. In summary, it is found that the petitioner sustained its burden of proof with respect to the allegations set forth in the Introduction herein as paragraphs 1, 2, 5, 6, and 9. The evidence is insufficient to substantiate the allegations contained in paragraphs 3, 4, 7, 8 and 10. The offenses of which respondent has been found guilty are serious in nature and constitute violations of Florida Statutes Section 231.28(1). Respondent has been guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board and has refused to comply with the leave regulations of the Bay County School Board and the rules of the State Board of Education -- Chapter 6B-1,

F.A.C. Such constitutes grounds for the suspension or revocation of his Florida teaching certificate.

RECOMMENDATION

Based upon the findings of fact and conclusions of law recited above, as well as the seriousness and number of the offenses of which respondent has been found guilty, it is recommended that respondent's Florida teaching certificate be revoked for a period of four (4) years, said period commencing on the date that the final order is rendered by the State Board of Education.

Respectfully submitted and entered this 20th day of July, 1977, in Tallahassee, Florida.

DIANE D. TREMOR

Hearing Officer

Division of Administrative Hearings Room 530 Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

J. David Holder, Esquire Barrett, Boyd and Holder Post Office Box 1501 Tallahassee, Florida 32302

Fred Turner, Esquire Post Office Box 1120

Lynn Haven, Florida 32444

Ms. Angela Peterson Professional Practices Council

319 West Madison Street- Room 1 Tallahassee, Florida 32304

Mr. Hugh Ingram, Administrator Professional Practices Council Room 3, 319 West Madison Street

Tallahassee, Florida 32304

Docket for Case No: 76-001789

Orders for Case No: 76-001789