STATE OF FLORIDA, DEPARTMENT ) OF EDUCATION, RALPH D. )
vs. ) CASE NO. 81-002
MICHAEL H. DEIS, )
Respondent. )
Pursuant to notice, a hearing was held before Charles C. Adams, a Hearing Officer with the Division of Administrative Hearings. This hearing was conducted on March 23 and 24, 1981, in the City Council Chambers, City Hall, 735 Eighth Street, South, Naples, Florida.
For Respondent: Larry E. Deis, Esquire
This action concerns an Administrative Complaint brought by the Petitioner against the named Respondent pursuant to Sections 231.28 and 231.555, Florida Statutes (Chapter 80-190, Laws of Florida). This Administrative Complaint, by its terms, seeks the revocation or suspension of the Respondent's teacher's certificate issued by the State of Florida. In particular, the complaint alleges that the Respondent conducted himself in an unprofessional manner with a minor female student during the school year 1979-80, and in violation of Subsection 231.28(1), Florida Statutes, the Respondent, by such actions, committed an act of gross immorality and engaged in conduct which seriously reduced his effectiveness as an employee of the Collier County School Board.
Further, it is alleged that the Respondent, in violation of Section 231.09, Florida Statutes, failed to provide a proper example for students. Finally, the Respondent is accused of violating Rule 6B-5, Florida Administrative Code, by practicing his profession in a way that was not in keeping with the highest ethical standards. By an amendment to the original Administrative Complaint, the accusations of the original Administrative Complaint have been expanded to include the time subsequent to July 28, 1980, the conclusion of the 1979-80 school year. Matters under the original Administrative Complaint and the amendment to that complaint have been considered in the course of this hearing.
This case was presented for consideration based upon the Administrative Complaint and subsequent amendment presented by Ralph D. Turlington, as Commissioner of Education, State of Florida, against Michael H. Deis, holder of teaching certificate No. 356436, Rank II, post graduate valid through June 30, 1987. The accusations set forth in the Administrative Complaint and its amendment are as indicated in the Issues statement to this Recommended Order. The remaining facts found result from a formal Subsection 120.57(1), Florida Statutes, administrative hearing held upon request of the Respondent.
The Respondent was born March 7, 1945, and is married and has three children, ages one and one-half, four, and eight. The Respondent has been married since June 17, 1972.
Respondent has a Bachelor of Science degree, a Masters Degree in Business Administration and fifty-five hours' credit toward a Doctorate of Philosophy in Education.
The Respondent has been employed with the Collier County School System in the State of Florida since February, 1974. Prior to that time, the Respondent had been employed in management for General Motors Corporation and with General Development Corporation for a period of three years in Miami, Florida.
After becoming an employee of the Collier County School System, the Respondent taught math in the sixth through eighth grades at East Naples, Florida, Middle School. The range of ages for those students was twelve to fourteen years old.
Beginning in the January term of 1975, the Respondent taught adult education in the Collier County School System.
In 1976, Respondent moved to Everglades High School where he coached boys' basketball, varsity basketball and girls' basketball. His academic responsibility at that school included the teaching of basic math and other subjects to boys and girls whose ages ranged from fourteen to twenty.
The Respondent then moved to Barron Collier High School in September, 1978, as a daytime adult education instructor. The age range for those students was from sixteen to eighty-three.
In the school years 1978-79 and 1979-80, the Respondent coached girls' softball, girls' junior varsity basketball and assisted with the track program for girls. The ages of the girls Respondent coached or assisted were fourteen through eighteen.
During the school year 1978-79, the Respondent met one Lori Tomaselli, a member of the girls' basketball team. This initial introduction was followed by correspondence of August 1979, addressed to the Respondent from Lori Tomaselli in which she made comment about her summer vacation and related that she had "missed" the basketball program. At that time Tomaselli was fifteen years old.
The letter of August, 1979, was followed by an act on the part of Tomaselli on December 20, 1979, in which she walked up to the Respondent, turned him around and gave him a kiss. Deis' reaction was one of sunrise, followed by
a comment to the effect that she was his favorite basketball player. She replied that she had cared for him since the first basketball meeting in October, 1978, when she was fourteen years of age.
On December 30, 1979, Tomaselli wrote Deis while she was vacationing in the State of New York. The Respondent did not write in return or contact her.
Respondent next saw Tomaselli on January 5, 1980, after she had returned from her vacation and was a participant in a basketball game which the Respondent coached. From the time of this basketball game forward through the basketball season, the Respondent would sit next to Tomaselli on the bus used to transport the basketball team.
Approximately two weeks beyond January 5, 1980, the Respondent selected Tomaselli as his classroom assistant or aide. Tomaselli served in this capacity for a period of approximately two months, one hour each day.
In the initial part of 1980, the Respondent would also assist Tomaselli with her math and science lessons.
Beginning in February 1980, Tomaselli kept the statistics for the girls' softball team which was coached by the Respondent. At the time, Tomaselli was also participating on the girls' track team.
The relationship between the Respondent and Tomaselli escalated and on March 7, 1980, Tomaselli kissed the Respondent and gave him a hug. The occasion for this display was that of the Respondent's birthday. Also in the month of March, the Respondent indicated that he began to feel an "interest" in Tomaselli.
Prior to the spring school break for 1980, the Respondent paid Tomaselli $50.00 to assist in painting his home. During that same vacation, the Respondent met Tomaselli at a local beach, he coincidence.
At one of the track events at which the Respondent was assisting and the young woman Tomaselli was participating, Tomaselli hugged Deis in the presence of her parents.
During the time period of the track season, the Respondent drove Tomaselli to her home after school on three occasions and explained his reason for doing so as being one, that a girl friend of Tomaselli's car had broken down; two, that her parents would not pick her up and three, that Tomaselli had asked him for a ride. These rides took place before April 14, 1980.
On Sunday, April 13, 1980, the parents of Lori Tomaselli had a discussion with Deis and through this conversation expressed the desire that Deis cease his relationship with their daughter to the extent of not associating with her. Among his responses, the Respondent indicated to the parents that if their daughter were eighteen years old and single, he would ask her out. On that same date, the Principal at Barron Collier High School called the Respondent to inform Deis that the Tomasellis had complained to the Principal. Deis then indicated that he would resign his coaching position effective the next morning.
On Monday, April 14, 1980, the Respondent met with the Principal and a Mr. Munz, Assistant Superintendent of the Collier County School System, and as a
result of that conference, was given a memorandum which instructed him to have no further contact with Lori Tomaselli. At that meeting, Respondent explained to the school officials that he had a strong emotional attachment for Lori Tomaselli.
On the next morning, April 15, 1980, Tomaselli went to Deis' classroom and was shown a copy of the aforementioned memorandum and Deis told her "they would have to cool it."
After Tomaselli left his classroom, the Respondent immediately went to see the Principal and told the Principal that he had shown the memorandum prohibiting contact to Tomaselli. As a result of this conversation with the Principal, the Respondent received a second memorandum from Assistant Superintendent Munz which reminded Deis that he was under direct order not to talk to Tomaselli and telling him that the conversation which Deis had had with Tomaselli about the meeting of April 14, 1980, was, by its terms, a violation of the Assistant Superintendent's instructions.
The Respondent became angry about the second memorandum in that he thought it was unnecessary. He felt that he was being harassed. As a result of this attitude Respondent began to write to Tomaselli, and she in turn would reply. This letter writing activity continued on a daily basis. In some of these letters, the Respondent instructed Lori Tomaselli, when questioned by the Principal, "to keep cool" and further instructed Tomaselli that when she met with her mental health counselor that she should not indicate that she had been with the Respondent. The letters also indicated to Lori Tomaselli that the Respondent intended to divorce his wife and marry Tomaselli. In addition to the letter writing, Tomaselli began to call the Respondent as much as twice a day, using the cafeteria phone in the school to speak to the Respondent.
In May, 1980, the Respondent accidentally saw Tomaselli at a local skating rink while there with his daughter.
On May 14, 1980, Deis met with the School Superintendent, Dr. Thomas Richie, and through that conversation agreed to take personal leave. This leave was taken and the Respondent sought psychiatric counseling from Dr. Frank Dennis at the behest of school officials. The leave of absence was from the period May 15, 1980, through May 29, 1980. Dr. Dennis' fees were paid by the Collier County School Board. (During the month of April, 1980, the Respondent had had another meeting with Dr. Richie in which he expressed the opinion to Dr. Richie that he realized his relationship with Tomaselli had become too personal and that he had failed to take steps to correct the situation, and further that he was personally responsible for continuing the development of this relationship.)
On May 16, 1980, Tomaselli mailed a letter to the Respondent expressing her affection for him.
Around May 18, 1980, Tomaselli ran away from her home and a friend of hers took her to a location where the Respondent, acting as a real estate salesman, was showing a model home. At that time, the Respondent did not want Tomaselli to come into that location and resisted this encounter.
The follow-up to the May 18, 1980, meeting was a series of calls from Tomaselli to the Respondent at a residence of a friend of the Respondent's, in view of the fact that Deis had moved from his home.
On May 30, 1980, Respondent was called by Tomaselli to ask him to pick her up. The Respondent agreed and after picking up Tomaselli and being afraid of being detected with Tomaselli in his automobile, a circumstance developed in which Tomaselli exited his van and was slightly injured. The Respondent left the area where Tomaselli had jumped from the van and he then removed her property from his automobile.
Sometime during the 1979-80 school year, the Respondent had returned Tomaselli's affection by kissing her and expressing his affection for her to the extent of telling Lori Tomaselli that someday she would be Lori Deis, meaning that she would be the Respondent's wife.
On July 29, 1980, the Respondent resigned his teaching position in the Collier County School System.
After his resignation, there have continued to be letters and telephone communications between tie Respondent and Lori Tomaselli. Those communications were as recent as March 24, 1981, at which time a letter was received by the Respondent from Lori Tomaselli.
The relationship between the Respondent and Lori Tomaselli took place at a time when the Respondent was having marital problems and Lori Tomaselli was having difficulty with her parents. Those circumstances continued to exist at the time of the hearing. Nonetheless, the relationship was contrary to the expressed prohibition by the School Administration. The existence of such a relationship was such that it reduced the effectiveness of Deis as a teacher in the Collier County School System and did not provide a proper example for the students, nor allow the Respondent to practice his profession at the highest ethical standards.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action.
The Petitioner, in the person of counsel, has submitted the opinions and dispositions in certain administrative cases for purposes of having the Hearing Officer take official notice of those matters. That request to take official notice is granted.
At the commencement of the hearing, Joint Exhibit "M" which is the report of Dr. Dennis who examined Respondent was offered and admitted. Subsequent to that time, the Petitioner's counsel objected to the utilization of that report for reason that it constituted hearsay. Having considered the position of counsel and in view of the initial admission of the Exhibit as a Joint Exhibit, the hearsay objection is overruled.
By the Administrative Complaint and the amendment to the Administrative Complaint, the Respondent is accused of violating Subsection 231.28(1), Florida Statutes, 1/ by committing an act of gross immorality and engaging in conduct which seriously reduces his effectiveness as an employee of the School Board. The Respondent is also charged with the violation of Subsection 231.09(2), Florida Statutes, for failure to provide a proper example for students. Finally, the Respondent is charged with the violation of Rule 6B- 5, Florida Administrative Code, for not practicing his profession at the highest ethical standards.
In the course of the hearing, the parties agreed by stipulation, that the Respondent was, in his conduct with Lori Tomaselli, guilty of gross immorality, engaged in conduct which seriously reduced his effectiveness as an employee of the School Board, failed to provide a proper example for students and failed to practice his profession at the highest ethical standards. While there is some question in the mind of this Hearing Officer on the topic of whether the conduct constituted gross immorality, the Stipulation of the aforementioned provisions is accepted.
There remains to be resolved the question of appropriate penalty, and again, the parties in the person of their counsel have offered a stipulation. Through that stipulation, the parties have agreed that the range of appropriate penalties shall be not less than five (5) years revocation of the teaching certificate of the Respondent, that being the Respondent's position, and a penalty not to exceed ten (10) years revocation, that being the position of the Petitioner's counsel.
Prior to these events, the Respondent as an educator, had received outstanding evaluations and had not been the subject of prior disciplinary action.
This record does not excuse the admittedly immoral, inappropriate and less than exemplary conduct on the part of the Respondent; however, this circumstance, when considered on its own merits and when contrasted with cases in which long term or absolute revocation has been the penalty, would not seem to promote the devastating result from which counsel for the Petitioner contends.
That the Respondent have his teaching certificate in the State of Florida revoked for a period of five (5) years from the entry of the final order in this cause. 3
DONE and ENTERED this 2nd day of June, 1981, in Tallahassee, Florida.
CHARLES C. ADAMS
Filed with the Clerk of the Division of Administrative Hearings this 2nd day of June, 1981.
1/ Suspension or revocation of certificates.--The Education Practices Commission shall have authority to suspend the teaching certificate of any
person as defined in s. 228.041(9) or (10) 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 (4); 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 (4); or to revoke permanently the teaching certificate of any person, provided:
(1) It can be shown that such person obtained the teaching certificate by fraudulent means; has proved to be incompetent to teach or to perform his duties as an employee of the public school system or to teach in or to operate a private school; has been guilty of gross immorality or an act involving moral turpitude; has had his certificate revoked in another state; has been convicted of a misdemeanor, felony, or any other criminal charge, other than a minor traffic violation; upon investigation 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 or rules of the State Board of Education, the penalty for which is the revocation of the teaching certificate.
2/ (2) EXAMPLE FOR PUPILS.--Labor faithfully and earnestly for the advancement of the pupils in their studies, deportment and morals, and embrace every opportunity to inculcate by precept and example, the principles of truth, honesty and patriotism and the practice of every Christian virtue.
3/ The parties to this action, in the person of their counsel have presented proposed findings of fact, conclusions of law, and recommended dispositions of this action. These proposals, conclusions and recommendations have been reviewed prior to the entry of this Recommended Order. To the extent that the proposals, conclusions and recommendations are inconsistent with this Recommended Order, they are hereby rejected.
Larry E. Deis, Esquire Suite 224
