STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF EDUCATION, ) EDUCATION PRACTICES COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 81-2668

)

AUDREY CLARK )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice on March 9, 1982, in West Palm Beach, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case was presented on an Administrative Complaint filed by the Education Practices Commission against Audrey Clark. In summary, the Administrative Complaint charges that the Respondent struck her students with a fan belt to punish them contrary to the rules of her school and of the school system, thereby violating Section 232.27, Florida Statutes. The Administrative Complaint further alleges that by her conduct, the Respondent has seriously reduced her effectiveness as an employee of the school board contrary to Section 231.28, Florida Statutes.

APPEARANCES

For Petitioner: Thomas F. Woods, Esquire

1030 East Lafayette Street, Suite 112

Tallahassee, Florida 32301 For Respondent: Did not appear.

FINDINGS OF FACT

1. At all times pertinent to the Administrative Complaint, Respondent held Teacher's Certificate #123157 (Petitioners' Exhibit #1).

   
   

2. In 1980-1981, Respondent was employed as an elementary school teacher at Cove Elementary School ("Cove") in Belle Glade, Palm Beach County, Florida.

   
   

3. Respondent had been employed at Cove for approximately ten years and in 1980-1981 taught second grade.

   
   

4. In 1976-1977, Respondent had been cautioned for inflicting corporal punishment on students without following the statutory guidelines and school board policies.

5. At the beginning of the 1980-1981 school year, Respondent was accused of inflicting corporal punishment on her second grade students. Respondent was cautioned by her principal, who restated the policies of the Palm Beach School System to the Respondent. These policies were consistent with Section 232.27, Florida Statutes.

   
   

6. On or about February 10, 1980, Respondent struck Buster Brockman, an eight-year-old second grade student, in the head with an automobile fan belt. This caused an injury to the child's face about his left eye. The Respondent also threw Brockman against a table, bruising his ribs. Brockman was treated at the emergency room and released. This incident occurred in Respondent's classroom without an adult witness and without the prior permission of her principal. Respondent was severely cautioned by her principal.

   
   

7. In March of 1981, Respondent stuck Tony Aunspaugh, Jr., an eight-year- old second grade student, with an automobile fan belt across the right thigh. The blow left a dark welt/bruise on the boy's thigh. Respondent struck Aunspaugh in her classroom without an adult witness and without her principal's permission. Respondent was again cautioned by her principal.

   
   

8. On or about May 29, 1981, the Respondent struck Reyes Reyes and another boy, both students in her second grade class, several times on the back with an automobile fan belt. The blows left dark welts/bruises on their backs. Respondent was suspended on this occasion, pending the school board's action.

   
   

9. At all times during the 1980-1981 school year, the West Palm Beach School Board's policy regarding corporal punishment was that before corporal punishment could be administered to a student, the principal was to be advised and was to give permission, and the punishment was to be administered by the principal or the principal's designee before an adult witness who was a member of the staff. On none of the several occasions Respondent struck students did she adhere to this policy.

   
   

10. The investigation which followed the Respondent's suspension brought to light other incidents of Respondent having struck children which had not been known to the school administration previously. Various students of Respondent testified about being struck by her during the 1980-1981 school year. Their collective testimony was that Respondent had engaged in inflicting corporal punishment during the entire school year in a manner contrary to the school board's rules and the statutory requirements.

    
    

11. Notice of the subject hearing was provided the parties as required by the statutes and rules.

    
    

12. The Education Practices Commission introduced Petitioner's Exhibits #1 through #5, which were received in evidence.

    
    

    CONCLUSIONS OF LAW

    
    

13. The Division of Administrative Hearings has jurisdiction to hear this cause and enter this Recommended Order pursuant to Section 120.57(1), Florida Statutes. The Education Practices Commission has authority to revoke or suspend Respondent's teaching certificate under the conditions set forth in Section 231.28, Florida Statutes.

14. Section 232.27, Florida Statutes, sets forth the minimum standards for inflicting corporal punishment. This statute requires the approval of the principal and requires the presence of an adult witness. The requirements of the local school board are more stringent but consistent with the statutory provisions. In no instance in which the Respondent inflicted corporal punishment did the principal grant permission, and in no instance was an adult witness present.

    
    

15. The means of inflicting the punishment were harsh, abusive and totally inappropriate for children from seven to nine years old and in the second grade. The Respondent's conduct was persistent after numerous warnings by her principal. Respondent is guilty of gross violations of the school board's rules and statutes as well as physical abuse of children placed in her care. Respondent has no place in the classroom and should be kept from the classroom until she can demonstrate she can control herself and adhere to the rules and statutes. Her conduct has reduced her effectiveness as an employee of her school system, and she is guilty of violating Section 231.28, Florida Statutes.

    
    

16. Respondent's principal indicated that Respondent might be suffering from a severe emotional problem for which she could receive treatment. If so, the burden should rest with Respondent to show that she is fully rehabilitated prior to any consideration of recertification.

RECOMMENDATION

Having found the Respondent guilty of violating Section 231.28, Florida Statutes, the Hearing Officer recommends that the Education Practices Commission revoke Respondent's teaching certificate and, further, that recertification be considered only upon a demonstration by Respondent that she is fully rehabilitated.

DONE and ORDERED this 26th day of March, 1982, in Tallahassee, Leon County, Florida.

STEPHEN F. DEAN

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 26th day of March, 1982.

COPIES FURNISHED:

Thomas F. Woods, Esquire 1030 East Lafayette Street, Suite 112

Tallahassee, Florida 32301

Mrs. Audrey Clark 1213 Vaughn Circle

Belle Glade, Florida 33430

Donald L. Griesheimer, Director Education Practices Commission Department of Education

125 Knott Building Tallahassee, Florida 32301

Docket for Case No: 81-002668

Orders for Case No: 81-002668