STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

THE CITRUS COUNTY SCHOOL BOARD )

)

Petitioner, )

)

vs. ) CASE NO. 78-2045

)

DeLORISS FORT, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William E. Williams, held a public hearing in this case on February 13, 1979, in Inverness, Florida.

APPEARANCES

For Petitioner: J. Pattinson, Esquire

Post Office Box 1506

Crystal River, Florida 32629 For Respondent: None

On or about October 27, 1978, Petitioner, the Citrus County School Board ("Petitioner") filed a Statement of Charges and of Opportunity to be Heard ("Petition") with the Division of Administrative Hearings against Respondent, DeLoriss Fort ("Respondent"). In the Petition, Petitioner charges Respondent with wilful absence without leave, misconduct in office, willful neglect of duty and gross insubordination, due to Respondent's failure to report to her teaching position at Crystal River Middle School without explanation for the 1978-1979 school year. In addition, the Petition charges Respondent with failure to report to her Supervisor in advance of the school year beginning August 22, 1978. As a result of these charges, Petitioner seeks cancellation of Respondent's continuing contract with the Citrus County School Board.

At the final hearing, Petitioner called Roger Weaver and Martin Lewis as its witnesses. In addition, Petitioner offered Petitioner's Exhibits Nos. 1 through 6, inclusive, each of which was received into the record.

FINDINGS OF FACT

1. At all times material hereto, Respondent was the holder of a Rank III teacher's certificate, and was under continuing contract as a teacher with the Citrus County School Board. Respondent was assigned as a teacher to Crystal River Middle School for the 1978-1979 school year. Respondent was informed that all instructional personnel were to report to Crystal River Middle School on August 22, 1978. Respondent failed to report on August 22, 1978, and, in fact, has not communicated directly with any representative of the Citrus County School Board as of the date of the hearing in this cause.

2. Respondent did cause a letter to be forwarded to the Principal of Crystal River Middle School, which letter was written on May 24, 1978, indicating that he had experienced some difficulty with her health, and was unable to advise Petitioner as to her future plans.

   
   

3. At no time after the end of the 1977-1978 school year has Respondent requested or been granted a leave of absence. Representatives of Petitioner have attempted unsuccessfully on numerous occasions to contact Respondent to discuss her absence. These attempts have been to no avail, and Respondent's continued absence remains unexplained.

   
   

4. Citrus County School Board Policy No. 6GX9-3.30(7)(h) provides as follows:

Any member of the instructional staff who is willfully absent from duty without leave shall forfeit compensation for the time of such absence and his contract shall be subject to cancellation by the Board according to Florida Statute.

CONCLUSIONS OF LAW

1. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Section 120.57(1), Florida Statutes.

   
   

2. Section 231.44, Florida Statutes, provides that:

   
   

   Any member of the instructional staff of any district who is willfully absent from duty without leave shall forfeit compensation for the time of such absence, and his contract shall be subject to cancellation by the school board.

3. Section 231.36(6), Florida Statutes, provides in part, that: any member of the instructional staff,. . .

   may be suspended or dismissed at any time during the school year; provided that the charges against him must be based on. . . willful neglect of duty . . .

   
   

4. Respondent has violated the above quoted provisions of the Florida Statutes and the School Board Policies of the Citrus County School Board, and, consequently, her continuing contract should be cancelled and she should be dismissed as an instructional employee.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED:

That a Final Order be entered by the Citrus County School Board cancelling the continuing contract of Respondent, DeLoriss Fort, and dismissing her as an instructional employee of the Citrus County School Board.

RECOMMEND this 24th day of April, 1979, in Tallahassee, Florida.

WILLIAM E. WILLIAMS

Hearing Officer

Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

J. Pattinson, Esquire

P.O. Box 1506

Crystal River, Florida 32629

Mrs. DeLoriss Fort

P.O. Box 492

Wildwood, Florida 32785

Thomas Skidmore, Esquire

P.O. Drawer D

Wildwood, Florida 32785

Docket for Case No: 78-002045

Orders for Case No: 78-002045