STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PROFESSIONAL PRACTICES COUNCIL, )

)

Petitioner, )

)

vs. ) CASE NO. 79-1171

)

CHARLES D. ANDERSON, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, held a public hearing in this cause on October 4, 1979, in Miami, Florida.

APPEARANCES

For Petitioner: Craig R. Wilson, Esquire

315 Third Street

West Palm Beach, Florida 33401

For Respondent: William du Fresne, Esquire

Suite 1782, One Biscayne Tower

2 South Biscayne Boulevard Miami, Florida 33131

Petitioner, Professional Practices Council ("Petitioner"), filed a petition for the Revocation of Teacher's certificate ("petition") charging Respondent, Charles D. Anderson ("Respondent") with four instances of physical abuse of students, and requesting revocation or suspension of Respondent's teaching certificate. Respondent denied the material allegations of the petition and requested a hearing pursuant to the provisions of Section 120.57(1), Florida Statutes. Thereafter, in accordance with the provisions of Section 120.57(1)(b)(3), Florida Statutes, Petitioner requested that a Hearing Officer from the Division of Administrative Hearings be assigned to conduct the hearing in this cause. Final hearing was scheduled for October 4 and 5, 1979, by Notice of Hearing dated August 1, 1979.

At the final hearing, Petitioner called Shirley McCoy, Catherine Smith, Thomas L. Garcia Mones, Carla Brinson, Raymond Wilcox, Wesley Frater, Vincent Johnson, Oscar Jessie, and Celia Puig as its witnesses. Petitioner also offered Petitioner's Exhibits Nos. 1 and 2, which were received into evidence.

Respondent did not appear in person at the final hearing, and offered no testimony or exhibits for inclusion in the record.

FINDINGS OF FACT

At all times material hereto, Respondent held Florida Teaching Certificate No. 390436, Provisional Graduate, Rank III, valid through June 30, 1981, covering the areas of Sociology, English, History and Social Studies.

On or about October 19, 1978, Respondent while acting within the scope of his employment as a teacher at Robert E. Lee Junior High School in Dade County, Florida, was observed to seize a student, Rodney Canull, by his hair and right arm, lift the student off the ground, and throw the student repeatedly onto a concrete ramp. As soon as the student was able to extricate himself from Respondent, he fled the scene of the altercation. However, later the same day, Respondent was again observed in a confrontation with this same student, in which Respondent had twisted the student's arm behind his back, and the student was doubled over in pain with his head below his knees.

On or about April 24, 1978, Respondent was involved in a physical confrontation with another student, Carla Brinson, at Robert E. Lee Junior High School. The confrontation between Ms. Brinson and Respondent occurred in the course of Respondent's attempt to discipline the student. When Respondent requested that the student turn around so that he could administer corporal punishment, she refused. Upon the student's refusal, the Respondent threw her to the floor. The student got up from the floor, and struck Respondent with her fist, whereupon Respondent struck the student in the face with his fist. The student then ran out the front door of the classroom in which the confrontation had occurred, and was pursued by Respondent, who began to strike the student with his belt. Both Respondent and the student ended up on the ground in front of the portable classroom where Respondent again struck the student in the forehead with the heel of his open hand. When another teacher attempted to intervene in the confrontation, he was pushed aside and Respondent continued to strike the student with his belt.

On or about May 11, 1977, Respondent was involved in a physical confrontation with a student at Madison Junior High School in Dade County, Florida, named Wesley G. Frater. In the course of Respondent inquiring as to whether the student belonged in a particular room, the student referred to Respondent as "man", whereupon Respondent began shoving the student into a row of standing metal lockers, approximately 25 in number, and then lifted the student upside down from the ground and dropped him onto a concrete floor.

On or about May 20, 1977, Respondent was involved in a physical confrontation at Madison Junior High School with a student named Vincent Johnson. Some dispute of an undetermined nature occurred between the student and the Respondent, after which the student attempted to flee from Respondent. Respondent chased the student down in the school parking lot, and threw the student against a parked truck. Respondent then threw the student to the ground, picked him up and attempted to transport him to the principal's office. Once in the corridor of the school building, Respondent picked the student up and repeatedly threw him to the floor. Other teachers at the school, after hearing a disturbance in the hallway, intervened to separate Respondent and the student.

As previously indicated in this Recommended Order, Respondent neither appeared in person nor offered any evidence for inclusion in the record in this proceeding through his counsel. As a result, the record in this proceeding contains no explanation or justification for Respondent's conduct. However, it is clear from the record that Respondent's conduct, as outlined above, worked to

create an atmosphere of fear among his students, thereby seriously reducing his effectiveness as a teacher.

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 231.09(3) Florida Statutes, requires that members of the instructional staff of public schools

   
   

   [t]reat pupils under their care kindly, considerately, and humanely, administering discipline in accordance with regulations of the state board and the school board; provided, that in no case shall cruel or inhuman punishment be administered to any child attending the public school.

   
   

3. Section 231.28, Florida Statutes, provides, in part, that:

   
   

   The Department of Education shall have authority to suspend the teaching certificate of any person for a period of time not to exceed 3 years, thereby denying him the right to teach for that period of time, after which the holder may return to teaching as provided in subsection (6); to revoke the teaching certificate of any person, thereby denying him the right to teach for a period of time not to exceed 10 years, with reinstatement subject to provisions of subsection (6); or

   to revoke permanently the teaching certificate of any person, provided:

   1. It can be shown that such person . . . has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board, or has otherwise violated the provisions of law, the penalty for which is the revocation of the teaching certificate, or has refused to comply with the regulations of the State Board of Education or the school board in the district in which he is employed.

      
      

4. Rule 6B-1.02(2), Florida Administrative Code, provides that in fulfilling his obligations to a student, and educator:

   
   

   * * *

   1. Shall make reasonable effort to protect the student from conditions harmful to learning or to health and safety.

   2. Shall conduct professional business in such a way that he does not expose the student to unnecessary embarrassment or disparagement.

5. Rule 6B-5.07(1), Florida Administrative Code, provides that in exercising management techniques, a competent educator shall ". . .[r]esolve discipline problems in accordance with law, state board regulations, school board policy, administrative regulations and accepted school policies . . ."

   
   

6. Applicable Dade County School Board policies provide that prior to the administration of corporal punishment, a student has the right to:

   
   

   1. be advised why he/she is being paddled;

   2. be provided with the opportunity to present his/her side of the story;

   3. have corporal punishment administered under conditions not calculated to hold him/her up to ridicule or shame; and

   4. have another teacher or administrator witness the administration of corporal punishment.

      
      

7. The conduct of Respondent as outlined in the Findings of Fact section of this Recommended Order is clearly violative of those provisions of the statutes, administrative rules and school board policies set forth hereinabove, and are of such an aggravated nature that his teaching certificate should be permanently revoked.

RECOMMENDED ORDER

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

That a Final Order be entered by the State Board of Education permanently revoking the teaching certificate of Respondent, Charles D. Anderson.

RECOMMENDED this 7th day of December, 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:

Craig R. Wilson, Esquire

315 Third Street

West Palm Beach, Florida 33401

William du Fresne, Esquire Suite 1782, One Biscayne Tower

2 South Biscayne Boulevard Miami, Florida 33131

Docket for Case No: 79-001171

Orders for Case No: 79-001171