STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DADE COUNTY SCHOOL BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 77-906

)

GRACIE W. TAYLOR, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Michael R.N. McDonnell, Hearing Officer for the Division of Administrative Hearings, at 9:00 a.m., on September 21, 1977, in the Library, Lindsey Hopkins Building, 1410 N.

1. 2nd Avenue, Miami, Florida.

   
   

   Petitioner was represented by Jesse J. McCrary, Jr., Esquire, 3000 Executive Building, Suite 300, 3050 Biscayne Boulevard, Miami, Florida 331377 and Respondent was represented by Elizabeth J. duFresne, Esquire, 1492 South Miami Avenue, Miami, Florida 33130.

   
   

   Petitioner (hereafter School Board) has, in eleven specifications, charged Respondent (hereafter Taylor) with incontinency, gross insubordination and willful neglect of duty in violation of Section 231.36(6), Florida Statutes, and seeks to permanently discharge Taylor as an employee of the School Board.

   
   

   FINDINGS OF FACT

   
   

   1. During the 1976-1977 academic school year, Taylor was employed by the School Board as a teacher at Shenandoah Junior High School. Taylor has been a teacher for twenty-two years and no evidence has been introduced to establish that Taylor has been the subject of prior disciplinary action as a teacher. Taylor's family has been deeply involved in education in Dade County and it was stipulated that education has been the dedication of Taylor's life.

      
      

   2. The notice of charges contains fourteen numbered paragraphs. The actual charges against Taylor are contained in paragraphs 3 through 13. As to paragraph 3, the School Board has failed to establish with substantial competent evidence that on December 1 and 3, 1976, Taylor arrived late for her assigned duties and failed to report to her homeroom as required. As to paragraph 8, the School Board has failed to establish with substantial competent evidence that on September 20 and 23, 1976, Taylor failed to report to her homeroom assignment. As to paragraphs 4, 10 and 13, the School Board has failed to establish with substantial competent evidence that the charges contained therein are true. As to charge 9, the School Board has withdrawn the dates of September 28, 29 and 30, 1976.

      
      

   3. That which remains consists of five charges of refusing to report to homeroom assignment, six charges of being late for assigned duties and failing

      to report to homeroom assignment, ten charges of being late for homeroom assignment, one charge of absent without leave, and a final charge of failing to obey an order.

      
      

   4. Of these remaining charges the evidence fails to sustain the allegation that Taylor refused to report to her homeroom assignment on September 16 and 17, 1976. Furthermore, the evidence fails to sustain charge number 12 that on February 25, 1977, Taylor was absent without leave.

      
      

   5. It is found as a matter of fact that on September 21, 22 and 27, 1976, Taylor refused to report to her homeroom assignment. It is found as a matter of fact that on November 22, 23, 24, 29, 30 and December 2, 1976, Taylor arrived late for her assigned duties and failed to report to her homeroom as required. It is found as a matter of fact that on February 14, 15, 16, 17, 18, 22, 23, 24,

      25 and 28, 1977, Taylor was late for her homeroom assignment.

      
      

   6. As to the remaining charge, it was alleged that Taylor had received an order from her department chairperson to provide emergency lesson plans, weekly lesson plans, and instructional objectives. There was no competent evidence introduced by the School Board to establish that the department chairperson had given such an order. Accordingly, charge number 5 is not proven by competent substantial evidence.

      
      

      CONCLUSIONS OF LAW

      
      

   7. The School Board has charged Taylor with incompetency, gross insubordination and willful neglect of duty in violation of subsection 231.36(6), Florida Statutes. Rule 6B-4.09(1), Florida Administrative Code, defines incompetency as:

      
      

      . . . inability or lack of fitness to discharge the required duty as a result of inefficiency or incapacity.

      
      

   8. The rule goes on to include as a guideline for the establishment of incompetency, inefficiency, which is defined as a repeated failure to perform duties required by law. These duties are set forth in Section 231.09, Florida Statutes, and include teaching efficiently and faithfully and conforming to all rules and regulations that may be prescribed by the State Board and by the School Board. It is concluded that Taylor's habitual failure to report to her homeroom assignment constitutes incompetency.

      
      

   9. Rule 6B-4.09(4), Florida Administrative Code, defines gross insubordination and willful neglect of duties as:

      
      

      . . . a constant or continuing refusal to obey a direct order, reasonable in nature, and given by and with proper authority.

      
      

   10. The School Board has failed to establish that Taylor intentionally refused to obey direct orders and accordingly it is concluded that the School Board has failed to sustain its charge of gross insubordination and willful neglect of duties.

       
       

   11. In light of the foregoing, it is recommended that the School Board take into consideration Taylor's twenty-two years of faithful service as a

       teacher, and rather than permanently discharge her, enter an order suspending Taylor for a period of six months.

       
       

   12. DONE and ENTERED this 12th day of May, 1978, in Tallahassee, Florida.

MICHAEL R. N. MCDONNELL

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Jesse J. McCrary, Jr., Esquire 3000 Executive Building

Suite 300

3050 Biscayne Boulevard

Miami, Florida 33137

Elizabeth J. duFresne, Esquire 1492 South Miami Avenue

Miami, Florida 33130

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

================================================================= SCHOOL BOARD OF DADE COUNTY

SCHOOL BOARD OF DADE COUNTY,

Petitioner,

vs. CASE NO. 77-906

GRACIE TAYLOR,

Respondent.

/

ORDER OF THE SCHOOL BOARD OF DADE COUNTY, FLORIDA

THIS CAUSE cane on for hearing before The School Board of Dade County, Florida, at its regular meeting on June 28, 1978 and July 26, 1978, upon the Hearing Officer's findings of fact, conclusions of law, and recommended order, recommending that Gracie Taylor he suspended from her position in the Dade County school system.

IT IS THEREUPON ORDERED by the School Board of Dade County, Florida that:

1. The Hearing Officer's Findings of Fact (attached hereto) are adopted.

   
   

2. The Hearing Officer's Conclusions of Law (attached hereto) are modified to the following effect:

   
   

   1. The first, second and third paragraphs

      of the Conclusions of Law are accepted as correct.

   2. Paragraph four of the Conclusions of Law are rejected because, as found by the Hearing Officer, Respondent refused to attend her homeroom assign- ment on three occasions. The transcript clearly shows at pp. 18 and 19 that she was directed to

      do so . This refusal constitutes willful neglect of duty and gross insubordination by the definition adopted by the Hearing Officer, to wit:

      
      

      ". . . a constant or continuing refusal to obey a direct order, reasonable in nature, and given by and with proper authority."

      
      

3. The recommendation of the Hearing Officer that Respondent be suspended for a period of six months is rejected.

   
   

4. Gracie Taylor be and is hereby dismissed from her employment with the School Board of Dade County, Florida.

   
   

5. Gracie Taylor shall receive no compensation from the School Board of Dade County, Florida from April 20, 1977 at 5:00 p.m.

DONE AND ORDERED this 26th day of July, 1978.

THE SCHOOL BOARD OF DADE COUNTY, FLORIDA

Phyllis Miller, Chairman

Docket for Case No: 77-000906

Orders for Case No: 77-000906