vs. ) CASE NO. 81-1223
Respondent. )
This matter came on for hearing in Fort Lauderdale, Florida, before the Division of Administrative Hearings and its duly appointed Hearing Officer, R.
you told Rene Snelling, student at Piper High School, that you had bought a gold chain for her, showed it to her, phoned her at her home several times and requested to bring said chain to her. Further, you said to Rene Snelling, "If we were to have sex, would you tell anyone?", which conduct violates Florida Statutes 231.09 and 231.36.
During the hearing, several procedural and evidentiary questions arose.
Count 4 of the Petition was voluntarily dismissed by Petitioner, and Count 3 was dismissed upon the recantation of Sandra Cunningham, whose accusations against Dixon formed the basis for the Count. The admissibility of three depositions taken prior to the hearing was also at issue. Upon agreement of the parties the depositions were received into evidence as background information, but not as evidence supporting any specific charge. A fourth deposition, that of Lesia McGee, was received in evidence in lieu of testimony due to her illness at the time of hearing.
The Respondent submitted proposed findings of fact. To the extent these proposed findings have not been adopted or are inconsistent with the findings herein, they have been specifically rejected as irrelevant or not supported by the evidence.
Clarence Dixon received a Bachelor of Science degree with academic honors from Bethune-Cookman College. He was active in athletics and was rated "All-American" in football. He was employed by Piper High School for the 1980-
81 school year in his first teaching position. He was hired to teach physical education, and was encouraged by the principal of Piper High School to take an active part in the black community.
Sandra Brown is employed at Piper High School as a security specialist. She met Dixon through their work association and asked Dixon to counsel her son, as she knew he respected Dixon. Mrs. Brown related several conversations wherein Dixon made sexual advances to her. Mrs. Brown was also involved in the initial school investigation of Dixon's alleged sexual improprieties with Piper High School students;
Sharon Cooper is a 15-year-old female student at Piper High School.
She had been upset over rumors that involved her reputation, and was considering leaving school over the matter. Dixon became aware of her problem end counseled her to remain in school and ignore the rumors.
Carl Nadler, a 16-year-old student at Piper High School, overheard Cooper tell Dixon that, "All the guys say I suck dicks and fuck." This was the statement attributed to Dixon in Count 2 of the Petition. However, it appears that Dixon did not use these words, or at least did not use them in a sexually suggestive context.
Lesia McGee is a 17-year-old student at Piper High School. She did not testify at the hearing due to illness, but the parties agreed to allow her deposition to be admitted as evidence associated with Count 5 of the Petition. Her testimony establishes that Dixon told her, "If you wear those purple pants again, I'm going to tongue you to death." Any doubt regarding the sexual implication of this statement was removed by remarks Dixon made to McGee on
other occasions to the effect that she had a good figure and would she be enough of a lady not to tell anyone if she and Dixon were to make love.
McGee readily admitted that Sandra Brown wanted her to exaggerate her complaint, but she refused. Her testimony indicated no animosity toward Dixon nor influence by Sandra Brown.
Freddie Jones is a student at Piper High School. He informed another student, Sandra Cunningham, that Dixon had asked Jones to spread a rumor about her. Jones recanted his initial statement to investigators at the prehearing deposition. He returned to the allegation at the hearing, explaining that he had tried to help Dixon by lying at the deposition, but came to believe it was more important to tell the truth. Jones' testimony lacks credibility because of its inconsistency with his earlier sworn statement.
Valynda Johnson is an eleventh grade student at Piper High School. She and Dixon had frequent contacts even though she was not his student. Several times Dixon sent her passes to leave class in order to meet him on the athletic field. Dixon concedes that he once sought to have her excused from class to do some typing for him.
On one occasion, Dixon invited Johnson to a basketball game with him and on another to meet him at a convenience store. On two occasions, Dixon asked Johnson, "When are you going to let me do that?" or words of similar import. When she asked what he meant, he replied, "You know what I'm talking about."
Johnson was unsure of Dixon's intentions, but believed that Dixon was probably seeking sexual relations with her. Although Johnson was confused on some of the details of her testimony, she was a generally credible witness, showing no animosity toward Dixon or influence by Sandra Brown.
Rene Snelling is an 18-year-old student at Piper High School. Dixon and Snelling became friendly, and Dixon made periodic comments to her about her figure and potential for a modeling career. They also discussed a trip to visit a college in Kentucky. Although Dixon took only male students on this trip, he did bring back souvenir T-shirts for Snelling and several other students. Dixon also phoned Snelling at her home and once told her he had a gold chain for her.
The comment on which Count 8 is based involved Dixon's question to Snelling, "If we ever had sex would you [Snelling] be ladylike enough not to tell anyone?" or words of similar meaning. This conversation took place in the school library where Snelling was working on a class assignment. Dixon denies making this statement but recalls that when he asked to sit beside her in the library she replied that a nice-looking man like Dixon could sit next to her. Although Snelling was unsure of some of the details of her contacts with Dixon, she was a generally credible witness and showed no animosity toward Dixon or influence by Sandra Brown.
Hooker T. Robinson is a 18-year-old student at Piper High School. He overheard Rene Snelling tell another student that if Coach Dixon were not so dedicated to his wife she would fuck him. Robinson was called by Respondent apparently to discredit Snelling's testimony. However, Robinson's testimony indicates that a sexual attraction was developing between Dixon and Snelling which is consistent with the charges contained in Count 8.
Darryl Allen is a 15-year-old student at Piper High School. He overheard Chanita Austin, Rene Snelling and Valynda Johnson discussing Dixon in early January. He heard one of them say, "He [Dixon] is acting so high class and doesn't speak anymore," or words of similar import.
Darwin Taylor is a 15-year-old student at Piper High School. He overheard a discussion between Sandra Brown and Rene Snelling about February wherein Mrs. Brown stated to Snelling, "Don't worry, we've got him where we want him." Taylor further overheard Mrs. Brown advise Snelling to tell the judge that Dixon gave her a gold chain and tried to touch her and have sex with her.
This testimony and that of students Lesia McGee and Chanita Austin (deposition) establishes that Mrs. Brown either intentionally or in the zeal of her investigation encouraged exaggerations. However, the students testifying in this proceeding recognized this and were net swayed by Mrs. Brown's encouragement.
The testimony of Piper High School students Alvin Williams, Eugene Wimbs and Ernest Merrell is not material and is accorded no evidentiary weight herein. The depositions of Piper High School students Sandra Anderson, Chanita Austin and Jackie Dawson do not contain evidence relevant to the charges herein and are likewise accorded no weight. The testimony of Anthony Ash, Broward County CTA representative, and Andrew Thomas of the Broward County School System, involve procedural matters not directly relevant to factual questions at issue here.
The Respondent denies making the statements and other improper conduct attributed to him by the witnesses. He points out that the complaining witnesses are all from the same neighborhood and are all below-average students. He theorizes that they were confused over factual matters and did not appreciate the damage their statements could have upon him, and that they were unduly influenced by Sandra Brown.
The testimony of these Piper High School students, with the exception of Freddie Jones who changed his testimony, was generally credible. They demonstrated an appreciation for the gravity of their complaints and the potential impact on Dixon's career. They did not show any resentment toward Dixon, but rather viewed him as a friend or former friend.
The witnesses were encouraged to come forward by Sandra Brown. As noted above, Mrs. Brown's investigative techniques were lacking in objectivity. However, there was no indication that any witness committed perjury as a result of improper influence by Mrs. Brown. Although it was apparent that the students did discuss this case among themselves, there was no indication of any conspiracy against Dixon.
CONCLUSIONS OF LAW
Section 231.09, Florida Statutes (1979), provides in part:
Members of the instructional staff of the public schools, subject to the rules
and regulations of the state board and of the school board, shall perform the follow- ing functions:
* * *
(2) EXAMPLE FOR PUPILS.--Labor faith- fully 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 patriot- ism and the practice of every Christian virtue.
The above provisions establish the standards of teacher job performance and conduct which are relevant here.
Subsection 231.36(6), Florida Statutes (1979), provides in part: Any member of the district adminis-
trative or supervisory staff and any member of the instructional staff, including any principal, may be suspended or dismissed at any time during the school year; provided that the charges against him must be based on immorality, miscon- duct in office, incompetency, gross insubordination, willful neglect of duty, drunkenness, or conviction of any crime involving moral turpitude. . . .
Dixon is charged with immorality and misconduct in office. A finding of guilt on any of the charges contained in the Petition which involve students would establish both immorality and misconduct within the meaning of Subsection 231.36(6), as well as a failure to meet the standard of conduct required by Section 231.09, Florida Statutes (1979).
Respondent made sexual advances to Sandra Brown substantially as charged in Count 1. Mrs. Brown is a fellow school employee and not a student. Although the remarks Dixon made to her were indeed improper, they do not provide a basis for a legal finding of immorality or misconduct sufficient to warrant disciplinary action under the above cited statutes.
Respondent's relationship with the student Sharon Cooper was not improper. The evidence established that Dixon was seeking to counsel her rather than engage in improper sexual discussions with her as charged in Count 2.
Counts 3 and 4 of the Petition were dismissed preliminarily, and no evidence was proffered in support of these charges.
The evidence established that Respondent made improper sexual remarks to the student Lesia McGee as charged in Count 5 of the Petition. This conduct violated Sections 231.09 and 231.36, Florida Statutes (1979)
The evidence did not establish that Respondent sought to instigate a rumor as charged in Count 6 of the Petition.
The evidence established that Respondent made improper sexual advances to the student Valynda Johnson as charged in Count 7 of the Petition. This conduct violated Sections 231.09 and 231.36, Florida Statutes (1979).
The evidence established that Respondent made improper sexual advances to the student Rene Snelling as charged in Count 8 of the Petition. This conduct violated Sections 231.09 and 231.36, Florida Statutes (1979).
From the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Counts 3 and 4 of the Petition be dismissed. It is
RECOMMENDED that Respondent Clarence Dixon be found not guilty of the charges contained in Counts 1, 2 and 6 of the Petition. It is further
RECOMMENDED that Respondent Clarence Dixon be found guilty of the charges contained in Counts 5, 7 and 8 of the Petition. It is further
RECOMMENDED that Respondent Clarence Dixon be discharged from employment as a teacher by the Petitioner School Board of Broward County.
DONE and ENTERED this 6th day of August, 1981, in Tallahassee, Leon County, Florida.
R. T. CARPENTER Hearing Officer
Filed with the clerk of the Division of Administrative Hearings this 6th day of August, 1981.
Richard H. Frank, Esquire
