STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF ORANGE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1261

)

JOHN LAWRENCE, )

)

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 August 19, 1977, at 80 North Hughey Street, Orlando, Florida.

APPEARANCES

For Petitioner: Joseph W. DuRocher, Esquire For Respondent: John L. Graham, Jr., Esquire

Respondent John Lawrence (hereafter Lawrence), has been charged by Petitioner, School Board of Orange County (hereafter School Board) with violations of 231.09 (2),(3) and 231.36 (6), Florida Statutes. It is alleged that Lawrence had improper physical contact with and made improper advances with sexual overtones to four students in his care.

To substantiate the charges, the School Board presented the four students in question as witnessess. The first, Brenda Rhodes, 13 years old, tearfully denied that Lawrence had ever touched her, notwithstanding her prior accusations. The remaining students, 15, 16 and 17 years old, testified to a common theme: that Lawrence, while riding alone with each student on different occasions, necessitated by official school business, had reached over from the driver's seat and squeezed or rubbed their leg and, in one case, the bare midriff of a female student revealed by a halter top. Lawrence categorically denies the accusations and insists he never touched any of the youngsters with the exception of one who he braced prior to a possible automobile collision.

The testimony of the latter three students was not convincing enough to constitute a qualitative preponderance of the evidence. Their testimony demonstrated many of the indicia of deception and unreliability while Lawrence's had the ring of truth. Lawrence's testimony is accepted as fact and that of the students is rejected. No other evidence in support of the School Board's charges was introduced.

FINDINGS OF FACT

1. Lawrence was, at all times pertinent to this case, a teacher with the Orange County Public School System. For about two years, and including the

   months of March, April and May, 1977, Lawrence's responsibilities included supervision of the work experience program at the Green House, Inc., an alternate school program.

   
   

2. The Green House is a joint effort between the Orange County school system and a private community agency designed to provide special training for socially maladjusted children. The work experience program at the Green House gives the students insight into job opportunities through interviews, placement assistance and shadowing (the observation by the students of people actually working on the job).

   
   

3. As part of his duties, Lawrence set up job interviews, placement and shadowing trips and then transported the students to their appointments. It would regularly happen that Lawrence and a student would travel together alone in Lawrence's car around the Orange County environs. It was alleged that the improper advances were made during such trips in March, April and May, 1977. However, as previously stated, Lawrence's testimony is accepted as accurate and it is found that no improper advances or contact occurred.

   
   

   CONCLUSIONS OF LAW

   
   

4. The School Board has failed to establish by a preponderance of the evidence that Lawrence had improper physical contact with or that he made improper advances with sexual overtones to the four students in question. It Is concluded that Lawrence has not violated 231.09 (2),(3) and 231.36(6), Florida Statutes. It is, therefore

RECOMMENDED that Lawrence be reinstated as a teacher in the Orange County Public Schools with full back benefits.

DONE and ENTERED this 13th day of September, 1977, 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:

John L. Graham, Jr., Esquire Graham, Markel & Scott, P.A. Suite 1412

Southeast National Bank Building Post Office Drawer 1991

Orlando, Florida 32802

Mr. Joseph DuRocher

326 North Ferncreek Avenue Orlando, Florida 32803

Docket for Case No: 77-001261

Orders for Case No: 77-001261