STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF NASSAU )

COUNTY, FLORIDA, )

)

Petitioner, )

)

vs. ) CASE NO. 80-627

)

VASHTI GARRETT, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a hearing was held before Charles C. Adams, a Hearing Officer with the Division of Administrative Hearings. The hearing was conducted in the City Commission Chambers, 2nd and Ash Streets (Police Station), Fernandina Beach, Florida, on June 27, 1980. 1/

APPEARANCES

For Petitioner: Bryan T. Hayes, Esquire

245 East Washington Monticello, Florida 32344

For Respondent: Philip J. Padavano, Esquire

Post Office Box 527 Tallahassee, Florida 32302

ISSUE

This case concerns the effort by the Petitioner, School Board of Nassau County, Florida, to dismiss the Respondent, Vashti Garrett, as a teacher in the Nassau County School System at the termination of the 1979-80 school year. As grounds for this dismissal, the Petitioner has alleged that there is good and sufficient reason for the dismissal based upon the Respondent's continued emotional and psychiatric problems, which render her unfit for service as a classroom teacher in the Nassau County School System and the Respondent's continuing need for psychiatric therapy. The Petitioner further contends that the Respondent, due to past psychiatric disabilities resulting in previous leaves of absences, renders her continued service as a teacher in their system uncertain and questionable.

FINDINGS OF FACT

1. The Petitioner, School Board of Nassau County, Florida, is an educational unit within the State of Florida, which employs a number of teachers to carry out its function. One of those teachers is Vashti Garrett, the Respondent, who has continuing contract status with the Petitioner. It is the intention of the Petitioner to dismiss Vashti Garrett from her employment as a teacher in the Nassau County School System, effective at the conclusion of the

   school year 1979-80. The dismissal action is promoted pursuant to Subsection 231.36(4), Florida statutes. 2/ The Respondent has opposed this action and has requested a formal administrative hearing in accordance with Subsection 120.57(1), Florida Statutes, which hearing was conducted, resulting in this Recommended Order.

   
   

2. The facts reveal that the Respondent returned to her position as a teacher at the Fernandina Beach Junior High School as an employee of the Petitioner in the school year 1979-80. During the pre-planning phase of that academic year, specifically in August, 1979, the Respondent and other members of the instructional staff of that school observed that Mrs. Garrett felt the other teachers were "making fun" of her and accusing her. In fact, there was no effort to derogate the Respondent. Throughout this time the Respondent appeared unduly distressed and on August 25, 1979, the Principal of her school, Eugene W. Grant, held a conference with Mrs. Garrett to discuss her problems. Robert Johnson, the Assistant Superintendent of Instruction for the Petitioner, entered the conference at a later point on that date. In the course of the conference, the Respondent would begin to laugh and then become depressed and cry. In view of her appearance and past emotional illnesses, the Principal felt it necessary to speak with the Superintendent of the School System on this subject.

   
   

3. On August 27, 1979, a conference was held in which the Respondent, Principal Grant and Superintendent Craig Marsh were in attendance. Mrs. Garrett was somewhat ambivalent about returning to the classroom, as related in her discussion on that date, in that she at times indicated that she was unable to cope with that situation and the pressures inherent in that job and at other times would state that she felt capable of returning to the classroom. The Superintendent decided, based upon his knowledge of the present situation and the past emotional illnesses of the Respondent, that she should be kept from the classroom and be made to undergo a mental status examination to determine the future course of the employment arrangement between the Petitioner and Respondent. The names of three psychiatrists were provided to the Respondent for her to choose one of those named physicians to administer a mental status examination to her.

   
   

4. The Respondent chose Joseph A. Virzi, M.D., a psychiatrist practicing in Jacksonville, Florida. Dr. Virzi examined the Respondent and forwarded a report to the School Board of Nassau County. The report is dated September 11, 1979, a copy of which has been introduced in evidence as Petitioner's Exhibit 7. Dr. Virzi found the Respondent to be suffering from chronic schizophrenia, paranoid reaction, severe, which is a mental illness and recommended that the Respondent not be returned to her job as a school teacher, in that she was unable to handle the stresses of that occupational role. Dr. Virzi stated in his report that the Respondent was in need of extensive psychiatric care on a routine basis and that she might benefit significantly from a medically oriented psychiatric day treatment program. This prognosis held by Dr. Virzi was that with proper treatment the patient might be able to return to work in January, 1980. He concluded by stating that in January, 1980, the Respondent would need another complete psychiatric status examination.

   
   

5. The Superintendent met with Mrs. Garrett again on September 17, 1979, and in view of Dr. Virzi's report, indicated to the Respondent that she was being suspended with pay and would no longer be a member of the instructional staff at Fernandina Beach Junior High School. This conversation of September 17, 1979, was followed by a written communication by certified mail on September 20, 1979, from the Superintendent to the Respondent. In this correspondence matters of the conference of September 17, 1979, were reiterated and it was

   indicated that the suspension with pay would continue until the next regularly scheduled meeting of the School Board of Nassau County, to be held at 7:30 p.m. on Thursday, October 11, 1979. The Superintendent also indicated that she would have the opportunity to make a request for hearing and to make that request on or before October 11, 1979, and if a request for hearing was granted, she would be given the right to be represented by an attorney, to have witnesses subpoenaed, and to demand proof that the charges against her be proven. The charges referred to are outlined in this correspondence as being a statement by the Superintendent of intended recommendation that Mrs. Garrett be released from her contract for reason of medical disability as specifically set forth and described in the report of Dr. Virzi dated September 11, 1979, and as stated by Superintendent Marsh, "Your past extensive history of this identical problem".

   The correspondence also stated that the Superintendent would recommend to the School Board at the October 11, 1979, meeting that the Respondent be suspended without pay through the date of the hearing and concluded by stating that if no hearing was requested, the Superintendent would recommend the release of the Respondent from her contract status for reasons as described in this paragraph.

   
   

6. On January 3, 1980, the School Hoard of Nassau County, Florida, entered an order confirming the Superintendent's suspension of the Respondent with pay until November 1, 1979, and suspending the Respondent without pay from November 1, 1979, pending further action of the Board. No mention was made about the specific date for further action. This order may be found as Petitioner's Exhibit 3 admitted into evidence.

   
   

7. Beginning January 22, 1980, the Respondent began to undergo extensive outpatient treatment by Dr. Virzi, which included psychotherapy and the utilization of psychotropic medication. Between that date and May 19, 1980, Dr. Virzi saw Mrs. Garrett approximately sixty (60) times with roughly half of those visits occurring before March 4, 1980.

   
   

8. On March 4, 1980, Dr. Virzi wrote to William Webb, an official with the School System. This correspondence took the form of a status update on the mental health condition of the Respondent. (At that time the Petitioner was unaware that the Respondent had undergone continuing treatment by Dr. Virzi.) Dr. Virzi's impression of the Respondent at that March 4, 1980, visit was markedly different than his initial impression of September 11, 1979. In March, Dr. Virzi felt that the Respondent carried the diagnosis chronic schizophrenic reaction, paranoid type, recovered. At that time, he recommended that Mrs. Garrett have outpatient therapy, one session per week, in order to gain more insight into her personality. The patient was no longer receiving medication in March. Further, Dr. Virzi felt that the Respondent was able to return to her work and carry out her duties as a teacher in the junior high school in Fernandina Beach. Between March 4, 1980, and May 19, 1980, Dr. Virzi continued to see the Respondent in the type of setting as described in the report of March 4, 1980. (A copy of the March 4, 1980, report of Dr. Virzi may be found as a part of Petitioner's Composite Exhibit 5 admitted into evidence.)

   
   

9. The deposition of Dr. Virzi was taken on July 2, 1980, as found as Respondent's Exhibit 1 admitted into evidence, and at that time Dr. Virzi continued to hold the opinions as expressed by his March 4, 1980, report.

   
   

10. On March 18, 1980, Superintendent Marsh wrote to Mrs. Garrett indicating to her that her salary was being reinstated effective March 4, 1980, in view of the report of Dr. Virzi. A copy of this correspondence may be found as Petitioner's Exhibit 4 admitted into evidence. That correspondence goes on to say that the Superintendent would recommend, at a special meeting of the

    School Board on March 25, 1980, that the Respondent be paid the balance of her salary for the school year 1979-1980. The letter next states that the Superintendent will recommend to the School Board that the Respondent be terminated in accordance with the provisions of Subsection 231.36(4), Florida Statutes.

11. The stated basis for the Superintendent's recommendation was: "1. Your continued need for psychiatric therapy

    and your history of emotional disabilities

    render your placement in a classroom teach- ing position unpredictable and hence, not in the best interest of the public school system of Nassau County.

    
    

    2. Your continued need for psychiatric therapy indicates a chronic medical psychiatric condition which I feel renders your services

    in the future questionable at best."

    
    

    The correspondence additionally gave information about the starting time of the School Board meeting and allowed for the Respondent to request a full hearing to be scheduled at a date subsequent to March 25, 1980, in which proceeding the Respondent could be represented by counsel and bring witnesses and to be provided a full statement of the nature of the charges against her.

    
    

12. A formal statement of recommended dismissal of the Respondent was presented to the School Board on March 25, 1980, and a copy of this recommended dismissal is found as a part of the Petitioner's Composite Exhibit 5 admitted into evidence, the balance of that exhibit being Dr. Virzi's report. It is this statement of recommended dismissal which fashions the accusations which the Respondent has been called upon to defend against in the case now before the Division of Administrative Hearings.

    
    

13. In response to the Superintendent's recommended dismissal petition, the Petitioner accepted the Superintendent's recommendation of dismissal of the Respondent at the conclusion of the year 1979-80 with a condition that the Respondent be paid for the period March 4, 1980, until the conclusion of the school year 1979-80 at her regular rate, but that the Respondent not be given classroom assignments or any specific assigned duties. (The Respondent did not perform any classroom assignments or other specific duties of employment for the Petitioner for the school year 1979-80 beyond pre-planning in August, 1979.) Finally, the notice and order of dismissal with pay entered by the School Board stated that final determination in the matter would be made following an evidential hearing before the Division of Administrative Hearings. A copy of this notice and order of the School Board may be found as Petitioner's Exhibit 6 admitted into evidence.

    
    

14. After the Petitioner's decision on March 25, 1980, no further mental status examination or significant treatment was rendered to the Respondent, other than as conducted by Dr. Virzi. (Sometime in the school year 1979-1980 the Respondent did go to the Southside Free Clinic in Jacksonville, Florida, which is a mental health unit. However, the several visits to that clinic only involved initial conversations and personal history information.)

    
    

15. In examining the medical evidence that has been adduced, Dr. Virzi's testimony and reports clearly establish that the Respondent carries the

    diagnosis, chronic schizophrenia, paranoid reaction, and in September of 1979 this condition was severe enough that the Respondent was unable to undertake her duties within the Nassau County School System. In contrast to this condition, following long standing and frequent treatment by Dr. Virzi, the Respondent was sufficiently recovered to be able to return to her position as teacher in the Fernandina Beach Junior High School, with the only proviso being that she receive outpatient psychotherapy, one session per week. This recovered condition was the patient's status in late May, 1980, and at the time of the evidentiary hearing in this cause.

    
    

16. There have been other absences by the Respondent while teaching in the Nassau County School System, some of which have been related to her mental health. A synopsis of the number of days which the Respondent has been absent from the School System beginning in the years 1978-79 and continuing through the school year 1979-80 may be found as Petitioner's Exhibit 8 admitted into evidence.

    
    

17. The Respondent's absenteeism directly attributable to her mental health began to manifest itself in the school year 1975-76, specifically in February, 1976. In that month in a conference with the Principal of Fernandina Beach Junior High School, the Respondent indicated that she could work with faculty and administration and that she was concerned about herself and wished to know if there were any complaints about her. Mrs. Garrett also made mention of some lists that had been passed around. The lists concerned names of students who were trying to get the Respondent dismissed from teaching at Fernandina Beach Junior High School in view of the allegation that Mrs. Garrett's husband was selling "dope" and the accusation that she was participating with him in the sales. Mrs. Garrett also stated that the Assistant Principal had said that she was "crazy" and that her husband had called her "crazy". This was later changed from the word "crazy" to "dense". During the process of this conference, Mrs. Garrett also accused the person who had monitored her class while the conference was proceeding of taking something from the Respondent's purse. Finally, she stated that a black student and a white student had told her she wasn't supposed to use the telephone.

    
    

18. Mrs. Garrett later confronted the teacher who had monitored the class as related above and appeared very excited. The Respondent then accused Mary Tom Drew of going into her purse.

    
    

19. On February 23, 1976, the Respondent did not report for work at the school and had no lesson plans available for a substitute teacher. On February 24, 1976, a call was made to the school, indicating that the Respondent would not be in for the remainder of the week of February 25 through 28, 1976. The caller indicated that the Respondent was in Plant City.

    
    

20. On February 29, 1976, the mother-in-law of the Respondent called school officials and indicated that the Respondent would not be at school from March 1 through March 5, 1976. The mother-in-law later called back to say that the Respondent would be mailing lesson plans and that the students should continue to work out of their textbooks until those plans arrived. The Respondent was out of school from February 20, 1976, through March 15, 1976.

    
    

21. In this same series of events, on March 3, 1976, the Assistant Principal spoke with Mrs. Garrett in Plant City, Florida, and she informed him that she would call her doctor and see if he would release her on March 15, 1976, to return to work.

22. On March 15, 1976, Mrs. Garrett's mother called the Principal at the junior high school and stated that the Respondent had not been released from the doctor's care, and that Mrs. Garrett probably would want to receive a leave of absence. At this juncture, the school authorities did not know what the medical problem was. (By way of clarification, in the course of the hearing Mrs. Garrett indicated that allegations at school to the affect that she was assisting her husband in selling "dope" brought on a "nervous breakdown".)

    
    

23. There was no other indications of problems in the school year 1975-76.

    
    

24. Beginning the school year 1976-77, the first reporting date was August

    29 but the Respondent did not report for work and missed the entire first week of school in that school year. Someone called for Mrs. Garrett to inform the administration of the Fernandina Beach Junior High School that she would not be at school during the first week; however, no explanation was given for missing that time and no explanation was ever given by the Respondent of why she missed the first week. When attempts were made to determine the explanation, the Respondent was evasive.

    
    

25. On September 6, 1976, the Respondent's mother-in-law called the secretary at the school stating that the Respondent would not be at work from September 7 through September 15. The mother-in-law was told to have the Respondent call and explain this absence to the Principal. The mother-in-law made a second call to the principal and explained that Mrs. Garrett would not be available for that week due to her confinement in Plant City. The mother-in-law stated to the Principal that the Respondent would not be in attendance at the school from September 7 through September 10.

    
    

26. On September 7, 1976, the Respondent's mother called the principal, Mr. Grant, and stated that the Respondent was in the hospital and that it was the intention of the Respondent's mother to determine the nature of the illness,

    
    

27. On September 11, 1976, the Respondent wrote to the Superintendent of the Nassau County School System asking for medical leave through the Thanksgiving Holidays. This letter may be found as Petitioner's Exhibit 9 admitted into evidence.

    
    

28. The Superintendent responded to the request of the Respondent and asked that Dr. Eduardo Valdes, a psychiatrist treating the Respondent indicate that it was necessary for the Respondent to have medical leave. A letter was written on October 1, 1976, a copy of which may be found as Petitioner's Exhibit 10, addressed from Dr. Valdes to the Superintendent of Schools, Albert, H. Rumph. In that letter, Dr. Valdes diagnosed the Respondent's condition as chronic undifferentiated schizophrenia and indicated that he had treated the Respondent from August 31, 1976, through September 14, 1976. The physician recommended that the Respondent be afforded a medical leave of absence for the first semester of the school year.

    
    

29. The Respondent did not return to work until January, 1977. When she did return, she resumed her duties as a teacher and no further incidents occurred until June 10, 1977. On that date, the Respondent told the secretary to the Principal that she would need a substitute teacher and then approached the Principal and told the Principal, Mr. Grant, that she had asked the secretary for a substitute teacher. Mrs. Garrett then walked off without making further comment. The Principal called after her and received no answer.

    Shortly thereafter, the Principal was informed that Mrs. Garrett had left her class and, in fact, she had. She departed without leaving any instructions on

    the subject of the test schedule which was called to be administered on June 10, 1977.

    
    

30. On the following Monday, June 13, 1977, the Principal and Assistant Principal spoke with Mrs. Garrett about the departure of June 10, 1977, and she responded by saying that she was not respected by the students and that her side was hurting and that she did not feel she wished to give further explanation about leaving school on the above-mentioned date. No further action was taken on that matter. In the course of the conversation of June 13, 1977, the Respondent acted defensive in relating to the inquiry made by the Principal and the Assistant Principal.

    
    

31. In January, 1978, the Respondent missed a day of school without arranging for a substitute teacher and one additional day due to hospitalization. Respondent never related the reason for her hospitalization.

    
    

32. In the school year of 1978-79 there were a number of absences by the Respondent for which she would give short notice and fail to arrange for a substitute teacher. Some of these absences pertained to medical reasons and were allowed by the Petitioner. During the academic year there were also deficiencies in the school records kept by the Respondent. Respondent was absent in portions of April and May of that year, for a total of twenty-three

    (23) days of absences in the school year. In explanation of her absences, Mrs. Garrett produced a form of accounting invoice from a doctor who was treating her. A copy of this invoice may be found as Petitioner's Exhibit 11 admitted into evidence. Petitioner's Exhibit 11 is an entry made by Dr. Roman or one of his associates who succeeded Dr. Delmazes, who had taken over for Dr. Valdes in treating Respondent's mental illness. This document indicated that Mrs. Garrett had been hospitalized since April 30 and was able to return to work effective May 9, 1979.

    
    

33. Other incidents related to the Respondent's emotional conduct included an item during pre-planning in August of 1976 for the school year 1976-77. On that occasion there was a situation in which the Respondent was approached by another teacher, Emily Crapps, to gain the Respondent's assistance in preparing bulletin boards. The Respondent yelled at Mrs. Crapps and told her to get out of the room. This exchange was unprovoked. There were other occasions overheard by Mrs. Crapps in that school year wherein loud exchanges were occurring between the Respondent and Respondent's students.

    
    

34. There was an exchange between Mrs. Garrett and Sandra Wright, another teacher, at sometime during the course of her employment at the Fernandina Beach Junior High School, in which the Respondent borrowed some materials from Sandra Wright and later Ms. Wright and some other teachers were talking in a teasing way about having enough classroom materials and they indicated to Mrs. Garrett that they were all merely teasing. Later on that day, Ms. Wright was approached at her car by the Respondent, who asked Ms. Wright why she was laughing at Respondent, to which Ms. Wright responded that she was not laughing at Respondent. Mrs. Garrett then stated to Ms. Wright that Ms. Wright was trying to get the Respondent fired.

    
    

    CONCLUSIONS OF LAW

    
    

35. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action.

36. During the course of a post-hearing deposition taken from the deponent, Dr. Joseph A. Virzi, as authorized by the Hearing Officer and presented as Respondent's Exhibit 1 admitted into evidence, two exhibits were attached to that deposition as numbers "A" and "B" for the Respondent. Those exhibits are hereby admitted into evidence and made a part of the record.

    
    

37. The action in this cause is brought about by the recommended dismissal made by the Superintendent of Schools, Nassau County, to the Petitioner, School Board of Nassau County, that the Respondent, Vashti Garrett, be dismissed. This dismissal is requested pursuant to the authority set forth in Subsection 231.36(4), Florida Statutes, which would allow the Respondent's dismissal or reduction to annual contract status from her current continuing contract status, should good and sufficient reason be shown for such dismissal.

    
    

38. In the perception of the Petitioner, good and sufficient reason has been shown in view of continuing emotional and psychiatric problems which render the Respondent unfit to serve as a classroom teacher in its school system.

    These emotional and psychiatric problems in conjunction with previous leaves of absence, in the words of the complaint document, render the Respondent's continued services as a teacher ". . . uncertain and questionable, at best".

    These contentions, on the part of the Petitioner are allegedly corroborated by the March 4, 1980, report of Dr. Joseph A. Virzi, which finds the Respondent in need of continuing psychiatric therapy.

    
    

39. In analyzing the facts as developed in this Recommended Order, there is no question that the Respondent suffers from a mental illness, namely, chronic schizophrenia, paranoid type. It has been established that the Respondent has suffered from psychiatric and emotional discomfiture beginning in the school term 1975-76 and continuing through the school term 1979-80. These difficulties on the part of the Respondent have led to numerous absences in the course of her employment and have caused confusion and a loss of efficiency within the School System in those courses which were the responsibility of Mrs. Garrett to teach.

    
    

40. Those absences due to the emotional and psychiatric problems of the Respondent which occurred prior to the school year 1979-80 were matters that could have been addressed by the School Board in some form of remediation incumbent on the Respondent. Such action was not forthcoming until the school year 1979-80.

    
    

41. In the beginning of the school year 1979-80 the Respondent was troubled and her actions were such that it would have been inappropriate to allow her to undertake her duties as a teacher in the Nassau County School System. At that juncture, the Petitioner took action which removed the Respondent from the School System as a teacher pending an opportunity to ascertain her mental status. The Respondent selected Dr. Virzi from a list of psychiatrists provided by the Petitioner and Dr. Virzi's September 11, 1979, report concluded that the Respondent was experiencing a severe mental illness and unable to perform her duties as a classroom teacher and in need of intensive treatment. This conclusion of Dr. Virzi is accepted as an accurate depiction at that juncture in time.

    
    

42. No determination had been made as to the ultimate disposition of Mrs. Garrett's employment as a teacher on September 11, 1979. This decision did not begin to take shape until September 20, 1979, when Craig Marsh, the Superintendent, decided to recommend to the Petitioner that the Respondent be dismissed from the School System and expressed this opinion in correspondence of

    that date addressed to Mrs. Garrett. It was Marsh's intention, as related in the correspondence, to make his recommendation of dismissal to the School Board at the regularly scheduled meeting of the School Board on October 11, 1979, and to recommend that the Respondent be suspended without pay pending the outcome of an evidential hearing that might be requested by the Respondent, the evidential hearing being related to her dismissal.

    
    

43. At the October 11 1979, School Board meeting, the Superintendent apparently did not recommend Mrs. Garrett's ultimate dismissal; however, Mrs. Garrett was suspended without pay effective November 1, 1979, as confirmed by order of the Petitioner dated January 3, 1980, leaving the question unanswered concerning the Respondent's eventual role with the School System, if any.

    
    

44. It is found in the facts of this case that the Respondent began to participate in psychiatric therapy with Dr. Virzi in January, 1980, and continued through May, 1980. Dr. Virzi on March 4, 1980, wrote the Superintendent and found Mrs. Garrett to be sufficiently recovered to recommence her duties in the classroom as a teacher, with the suggestion that she attend one session per week of psychiatric therapy as an outpatient. Notwithstanding this development in the case and the hiatus between January 3, 1980, and March 4, 1980, wherein no further action is taken, the Petitioner by action of March 25, 1980, and upon the recommended dismissal by the Superintendent, brought this present action calling for the outright dismissal of Mrs. Garrett. As an adjunct to this action, pay was reinstated from March 4, 1980, through the conclusion of the school year 1980.

    
    

45. Having reviewed these facts in the context of the requirement of Subsection 231.36(4), Florida Statutes, it is concluded as a matter of law that the Petitioner has failed to establish good and sufficient reason why the Respondent should be dismissed from the Nassau County School System.

    
    

46. The most current mental status examination in this case was as performed by Dr. Virzi. The most current treatment of the Respondent was as administered by Dr. Virzi. Dr. Virzi was a psychiatrist acceptable to the Petitioner as evidenced by the fact that his name appeared on the list of psychiatrists whom the Petitioner offered to the Respondent to have administer a mental status examination on the Respondent for the Petitioner's purposes. The Petitioner took no further action in the face of the favorable Virzi report of March 4, 1980, in the sense of calling for a second opinion from another qualified psychiatrist, and must now accept Dr. Virzi's determination.

    
    

47. Finally, while the past history of emotional and mental health disorders which occurred prior to the school year 1979-80 are significant in understanding the Respondent's condition, they are not sufficiently influential to deflect attention from the recent opinion of the Respondent's case as expressed by Dr. Virzi in the spring of 1980. If these matters had been of such import to call for the Respondent's reduction in employment status or dismissal, then that action should have been taken at the various times in her employment history prior to the 1979-80 school year.

    
    

48. It is concluded as a matter of law that the Petitioner, in view of the facts as related herein, was correct in suspending the Respondent without pay for the period November 1, 1979, through March 3, 1980.

RECOMMENDATION

It is RECOMMENDED that the action of the Petitioner, School Board of Nassau County, Florida, against the Respondent, Vashti Garrett, be set aside and that the Respondent be allowed to return to her duties as a teacher in the Nassau County School System, in an assignment other than the Fernandina Beach Junior High School and upon condition that she receive necessary outpatient treatment as suggested by Dr. Virzi. 3/

DONE AND ENTERED this 8th day or August, 1980, in Tallahassee, Florida.

CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings

101 Collins Building Tallahassee, Florida 32301 (904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 8th day of August, 1980.

ENDNOTES

1/ This Recommended Order is being entered after affording the parties an opportunity to submit legal memoranda, findings of fact, conclusions of law and a recommended disposition. These memoranda were due the week of August 4, 1980, and were received in the offices of the Division of Administrative Hearings on August 6, 1980.

2/ "Any member of the district administrative or supervisory staff and any member of the instructional staff, including any principal, who is under continuing contract, may be dismissed or may be returned to annual contract status for another 3 years in the discretion of the school board, when a recommendation to that effect is submitted in writing to the school board on or before April 1 of any school year, giving good and sufficient reasons there for, by the superintendent, or by the principal if his contract is not under consideration, or by a majority of the school board. The employee whose contract is under consideration shall be duly notified in writing by the party or parties preferring the charges at least 5 days prior to the filing of the written recommendation with the school board, and such notice shall include a copy of the charges and the recommendation to the school board. The school board shall proceed to take appropriate action. Any decision adverse to the employee shall be made by a majority vote of the full membership of the school board. Any such decision adverse to the employee may be appealed by him in writing to the Department of Education, through the Commissioner of Education, for review; provided such appeal is filed within 30 days after the decision of the school board, and provided further that the decision of the department shall be final as to sufficiency or insufficiency for discontinuation of the continuing contract status."

3/ The Petitioner has submitted a memorandum letter in argument of the case and the Respondent has submitted a memorandum which includes proposed findings of fact. These items have been reviewed prior to the entry of this Recommended Order and to the extent that the positions as expressed in these memoranda are

consistent with the Recommended Order, they have been used in the entry of this Recommended Order. To the extent that those positions are inconsistent with the Recommended Order, they are rejected.

COPIES FURNISHED:

Bryan T. Hayes, Esquire School Board of Nassau County,

245 East Washington Florida

Monticello, Florida 32344 c/o Craig Marsh, Superintendent

209 Cedar Street

Fernandina Beach, Florida 32034

Philip J. Padavano, Esquire Post Office Box 527 Tallahassee, Florida 32302

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

================================================================= BEFORE THE SCHOOL BOARD OF NASSAU COUNTY, FLORIDA

IN RE: The Matter of

VASHTI GARRETT, CASE NO 80-627

A Teacher.

/

FINAL JUDGEMENT OF DISMISSAL

This matter came before the School Board of Nassau County, Florida pursuant to the Administrative Procedures Act, Chapter 120, of the Laws of the State of Florida. The Board, having reviewed the record at a public meeting on September 23, 1980, and upon deliberation and discussion, the Board finds as follows:

1. The Board accepts the voluminous summary of evidence as presented by the Hearing Officer in his Recommended Order of the above styled case.

   
   

2. The Board also accepts the Findings of Fact based upon the evidence.

   
   

3. The Board accepts the first two paragraphs of the Conclusions of Law and the first eight sub-sections of Paragraph 3 of said Conclusions of Law. However, the Board strenuously rejects the Hearing Officer's Conclusion as a matter of law in sub-section 9 that the Petitioner has failed to establish good and sufficient reason why the Respondent should be dismissed from the Nassau County School System. On the contrary, it is the finding of the Board that the Findings of Fact lead inescapably to the conclusion that there is "good and sufficient cause" for the termination of Mrs. Garrett's contract and her non- retention and dismissal.

   
   

4. The Board feels that the Hearing Officer has misconstrued the reason for the termination, which was the Respondent's unreliability as a consistent

day to day teacher with detrimental consequences to the learning process of her students and her inability to function with the administrative staff. The Board concludes from the Findings of Fact that this unacceptable situation of poor classroom attendance of the Respondent will not change predicated on the fact that such unrelability is an effect of the illness and not based upon the illness itself. Therefore, it is

ORDERED AND ADJUDGED as follows:

1. The Continuing Contract of Vashti Garrrett shall be terminated as of October 1, 1980 due to her continuing inability to consistently and reliably perform her duties as a classroom teacher, which the Board finds to be "good and sufficient" cause for said termination pursuant to the provisions of law.

   
   

2. The Board has paid to the Respondent all salary payments in full during the course of the adjudication of this matter up to the date of this order. The Board authorizes payment up to October 1, 1980 with no further payments being due.

DONE IN OPEN SESSION at Fernandina Beach, Florida, this 23 day of September 1980.

CHAIRMAN, SCHOOL BOARD OF NASSAU COUNTY, FLORIDA

Voting in favor of this judgment: Voting against this judgment:

1. David P. Page X 1. David P. Page

Docket for Case No: 80-000627

Orders for Case No: 80-000627