STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA DEPARTMENT OF ) EDUCATION, PROFESSIONAL )

PRACTICES COUNCIL, )

)

Petitioner, )

)

vs. ) CASE NO. 79-1394

)

CHRISTINE E. COATES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on October 3, 1979, in Gainesville, Florida. The transcript of the final hearing was received November 14, 1979.

APPEARANCES

For Petitioner: J. David Holder, Esquire

110 North Magnolia Drive, Suite 224 Tallahassee, Florida 32301

For Respondent: 1/ John R. Nettles, Esquire

14 East University Avenue, Room 102 Gainesville, Florida 32601

ISSUE

The issue posed for decision herein is whether or not the Respondent's teaching certificate should be suspended or revoked based on conduct which will be set forth hereinafter in detail as alleged by Petitioner's Petition for Revocation of Teacher's Certificate filed herein.

FINDINGS OF FACT

1. Based upon my observations of the witnesses and their demeanor while testifying, the documentary evidence received including the depositions

   
   

2. Christine H. Ccates is the holder of Florida Teacher's Certificate No. 274453, Post Graduate, Rank II, valid through June 30, 1985, covering the areas of English, Middle English and Junior College. During times material, Christine

   E. Coates, Respondent, was employed in the Public Schools of Alachua County at Howard Bishop Middle School as an English teacher until her resignation effective June 15, 1978.

   
   

3. The Professional Practices Council, Petitioner, received a report from Dr. James L. Scaggs, Assistant Superintendent for Internal Systems, Alachua

   County Schools, on June 5, 1978, indicating that there were allegations against Respondent concerning improper conduct with students. Pursuant thereto, and under the authority of Section 6A-4.37, Rules of the State Board of Education, Petitioner's staff conducted a professional inquiry into this matter and on August 14, 1978, made a report to the Executive Committee of the Professional Practices Council recommending that the Commissioner of Education find that probable cause exists to believe that Respondent was guilty of acts violative of Section 231.28, Florida Statutes, and Rule 6B-1.02(c) and (d), Florida Administrative Code. Based on a probable cause finding by the Commissioner of Education on August 22, 1978, the Recommendation was made that Respondent's teacher's certificate be suspended or revoked.

   
   

4. The material allegations of the Petitioner's Petition for Revocation

   are:

   
   

   1. During the 1977-78 school year, on numerous occasions, Respondent engaged in sexual intercourse with a minor student of Howard Bishop Middle School.

   2. During the 1977-78 school year, Respondent allowed one or more minor male students from Howard Bishop Middle School to operate her automobile on the public highways of Florida without a driver's license.

   3. During the 1977-78 school year, Respondent provided alcoholic beverages to a minor male student from Howard Bishop Middle School. The Respondent also consumed alcoholic beverages in the presence of minor male students from Howard Bishop Middle School.

   4. During the 1977-78 school year, Respondent, on numerous occasions, allowed minor male students from Howard Bishop Middle School to smoke marijuana in her presence.

      
      

   5. On September 27, 1979, Petitioner's counsel took the depositions of

      Curtis, Charlotte, Jeffrey and Robert B. Alm, who had recently relocated from Gainesville, Florida, to Dallas, Texas. These depositions were received in lieu of live testimony since no objections were received, the witnesses were out of state, and Respondent's counsel was notified of the taking of said depositions. (Petitioner's Exhibits 1 through 4.)

      
      

   6. Wayne Gant, a sixteen-year-old male student, attended Howard Bishop Middle School during the 1977-78 school year in Gainesville, Florida. Student Gant knew Curtis and Jeffrey Alm, and Curtis Alm's relationship with Respondent. Student Gant testified that Curtis Alm drove Respondent's car in and around Gainesville on numerous occasions during the period January through May, 1978. Gant testified that Respondent purchased beer and marijuana for Curtis Alm during this period and that Respondent permitted Jeffrey and Curtis Aim to smoke marijuana at her apartment during this period.

      
      

   7. Vondell Robinson, Wayne Gant's mother, appeared and testified that her son was a friend of the Alms when they lived in Gainesville, Florida. Ms. Robinson recalled an incident wherein she returned from a weekend trip when she

      noted Respondent leaving her house with a glass of water. Ms. Robinson stopped Respondent and asked her what she was doing in her house, whereupon Respondent replied that Ms. Robinson's son and Curtis Alm gave her permission to go in and get a glass of water. Ms. Robinson noted that her son, Jeffrey and Curtis were leaving the house in Respondent's car as she was approaching.

      
      

   8. James L. Scaggs, assistant Superintendent for Employee Relations in Orange County, was formerly in charge of support services for Alachua County, Florida. Mr. Scaggs became familiar with the incident with Respondent on or about May 30, 1978, when he received a call from Mr. and Mrs. Alm involving the incident which occurred on May 30, 1973. The matter was discussed in great detail by Mrs. Alm, Curtis Alm, the Principal, Dr. Marcy and a Mrs. Themes.

      
      

   9. During his interview with Curtis Alm, Mr. Scaggs was told by Curtis that he had an ongoing relationship with Respondent from January through May, 1978. According to Scaggs, Respondent provided beer and marijuana to Curtis and Curtis and Respondent had sexual intercourse on numerous occasions during this period.

      
      

   10. The matter was brought to Respondent's attention during June, 1978, whereupon when confronted with the incidents as recounted by the Alms, Respondent offered her resignation. Respondent was then advised that the matter would be reported to Petitioner.

       
       

   11. An examination of the depositions of Jeffrey and Curtis Alm reveals that Respondent had an affair with Curtis Alm from January of 1978 through May of 1978, when the Alms relocated from Gainesville to Dallas, Texas. The record reveals that the Alms relocation was prompted in large part by the affair that was ongoing between Curtis Alm and Respondent.

       
       

   12. An examination of the deposition of Curtis Alm reveals that he was approximately fourteen years old when the subject incidents occurred and Respondent was his language arts teacher. Curtis testified that Respondent gave him money to purchase beer and marijuana and permitted him to drive her car, although he was not licensed at the time.

       
       

   13. The deposition of Jeffrey Alm is corroborative of Curtis' testimony which is also corroborative of the testimony of witnesses Wayne Gant, Vondell Robinson and James L. Scaggs.

       
       

   14. Based on the foregoing, the undersigned is of the opinion that the Respondent's acts and conduct with Curtis Alm, Jeffrey Alm and Wayne Gant during the period January through May of 1978, amount to conduct constituting immorality and moral turpitude and by its very nature, necessarily reduced her effectiveness as a School Board employee in violation of Chapter 231.28, Florida Statutes. I shall so recommend.

       
       

       CONCLUSIONS OF LAW

       
       

   15. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Sections 120.57(1) and 120.60), Florida Statutes.

       
       

   16. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

   17. The authority of the Petitioner is derived from Chapter 231, Florida Statutes, and Rule 6A-4, Florida Administrative Code.

       
       

   18. Competent and substantial evidence was offered to establish that the Respondent, based on the conduct set forth hereinabove in detail, engaged in acts and conduct violative of Section 231.28, Florida Statutes, which conduct seriously reduced her effectiveness as a School Board employee in violation of Rule 6B-1.02(c) and (d), Florida Administrative Code.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law it is hereby recommended that the Respondent's teacher's certificate, No. 274453, be revoked for a period of three (3) years.

RECOMMENDED this 11th day of December, 1979, in Tallahassee, Florida.

JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

J. David Holder, Esquire

110 North Magnolia Drive, Suite 224 Tallahassee, Florida 32301

John R. Nettles, Esquire

14 East University Avenue, Room 102 Gainesville, Florida 32601

Ms. Christine E. Coates c/o Mr. Coates

2915 S.W. 1st Avenue Gainesville, Florida 32601

Professional Practices Council

319 West Madison Street, Room 3 Tallahassee, Florida 32301

Docket for Case No: 79-001394

Orders for Case No: 79-001394