STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

EDUCATION PRACTICES COMMISSION, ) DEPARTMENT OF EDUCATION, )

)

Petitioner, )

)

vs. ) CASE NO. 82-408

)

CLARENCE DIXON )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above- styled case on May 27 and 28, 1982, at Fort Lauderdale, Florida.

APPEARANCES

For Petitioner: Craig Wilson, Esquire

315 Third Street

West Palm Beach, Florida 33401

For Respondent: William E. Gary, Esquire and

Michael Lewis, Esquire

117 Seminole Street, Suite 200 Riverview Professional Building Stuart, Florida 33494

By Amended Administrative Complaint dated 10 March 1982, the Commissioner of Education, Petitioner, seeks to revoke, suspend or otherwise discipline the teaching certificate of Clarence Dixon, Respondent. As grounds therefor, it is alleged that Respondent followed a course of conduct involving faculty members and students at Piper High School, Sunrise, Florida, which constitutes gross immorality and has caused his effectiveness as a School Board employee to be seriously reduced. Specific acts alleged are:

1. That the Respondent did approach a minor female student named Lesia McGee and stated, "If you wear those

   purple pants again, I'm going to tongue you to death."

   
   

2. That the Respondent did approach a female student by the name of Valynda Hope Johnson and stated, "When are you going to let me do it to you?" Further the Respondent improperly obtained permission for said female student to leave another teacher's classroom and

   report to him on several occasions. During these particular periods of time the Respondent made improper sexual advances to said student.

   
   

3. That the Respondent, on several occasions, sent passes to a female student by the

name of Renee Snelling for purposes of having her removed from class so that

he could talk to her concerning personal matters. On one such occasion, a male student was sent to the girl's class with instructions to deliver a gold serpentine bracelet to her and request that said student meet with the Respondent after school. Also, during this time, the Respondent made several telephone calls

to the female student's residence. Further, the Respondent said to Renee Snelling,

"If you were to have sex, would you tell anyone?"

The parties submitted a prehearing stipulation which contained Findings of Fact 1, 2 and 3 below. At the commencement of the hearing Respondent submitted an ore tenus motion in limine to limit the Petitioner to evidence on the specific facts alleged in the Amended Administrative Complaint. Although this motion was denied, evidence which is not relevant to the charges contained in the Amended Administrative Complaint has been disregarded. Petitioner called six witnesses; 12 witnesses, including Respondent, testified on behalf of Respondent; and seven exhibits were offered into evidence. Objections to Exhibits 5, 6 and 7, depositions of witnesses who testified at an earlier hearing involving similar charges against Respondent by the Broward County School Board, on grounds no showing had been made that the witnesses were unavailable, were sustained. The other exhibits were admitted into evidence.

Proposed findings submitted by Respondent and not included below were not supported by the evidence or were deemed immaterial to the results reached.

FINDINGS OF FACT

1. Clarence Dixon, Respondent, holds Teacher's Certificate No. 435879, Rank III, covering the area of physical education, which expires on June 20, 1984.

   
   

2. At all times material hereto Respondent was employed by The School Board of Broward County at its facility known as Piper High School located at 800 Northwest 44th Street, Sunrise, Broward County, Florida.

   
   

3. In that cause of action styled School Board of Broward County v. Clarence Dixon, Division of Administrative Hearings Case No. 81-1223, the Honorable R. T. Carpenter, Hearing Officer for the Division of Administrative Hearings, entered his Recommended Order directing [sic] that the Respondent, Clarence Dixon, be discharged as a teacher by The School Board of Broward County.

   
   

4. Before the Broward County School Board acted on the Recommended Order of the Hearing Officer, Respondent submitted his resignation, further

   proceedings against him were terminated and no final order was entered by the Broward County School Board regarding the charges that had been preferred against Respondent. Exhibit 2, the Recommended Order in Broward County School Board v. Clarence Dixon, was admitted into evidence over objection by Respondent, for the limited purpose of showing that the hearing was held.

   Respondent's stipulation of admitted facts (Finding No. 3 above) admits more than that for which Exhibit 2 was admitted into evidence.

   
   

5. The investigation of Respondent's conduct started when Sandra J. Brown, a security officer at Piper High School, overheard some students in the hall discussing Respondent. She then called one of these girls to her office to inquire into any contacts she had with Respondent. When it became evident that Respondent's statements or conduct towards the student may have been inappropriate, the student was taken to the Assistant Principal who, after hearing the story, directed Brown to investigate. As a result of this investigation, the School Board brought charges against Respondent, and, after those charges were disposed of, the proceedings here involved were instituted.

   
   

6. Although Respondent disputes the testimony of the three complaining witnesses, McGee, Johnson and Snelling, their testimony was credible and believable, Some testimony was presented to show that Ms. Brown was carrying out a vendetta against Respondent in conducting the investigation; that at least one of the complaining witnesses had a "bad" reputation, meaning that she "came on to men"; that Dixon had told Ms. Brown about a dream he had about her involving sex; that Respondent, like other coaches specifically, was looked up to and frequently approached by students to discuss their problems; and that these incidents had been blown out of proportion to their seriousness. Evidence of misconduct unrelated to the specific charges involving McGee, Johnson and Snelling, has been disregarded as irrelevant to the charges here under consideration.

   
   

7. On one occasion during the 1980-1981 school year at Piper High School Respondent approached Lesia McGee, a 16-year-old sophomore, in the hall between classes and commented on the clothes she was wearing and said the next time he saw her in purple slacks he would, as she testified, "tongue me to death." By that, McGee understood that he meant to kiss her.

   
   

8. Valynda Johnson was a junior at Piper High School during the 1980-1981 school year and she had no classes under Respondent. She and Respondent talked on campus about how she dressed and various things unrelated to school. On several occasions he sent passes to her to leave class to come talk to him. Some of these times she was excused by her teacher and the conversation did not relate to school work. On one occasion Respondent asked Johnson when she was going to let him do it to her. When she replied "What do you mean?," he responded "You know what I mean." Johnson understood him to be talking about sex. Respondent asked Johnson to meet him at the 7-11 store down the street from the school and called her at her home on one or two occasions. She never

   went out with Respondent and no physical contact was made between Respondent and Johnson.

   
   

9. Respondent had a gold chain delivered to Johnson from him by one of the football players. Respondent's testimony that he found this chain under a garbage can at school and, when he held it up in class to ask whose it was, Johnson claimed it, is not believed. The Amended Administrative Complaint alleges Respondent gave a gold bracelet to Renee Snelling and this complaint was amended at the close of the hearing to change the bracelet to a chain to conform

   to the evidence. No evidence was submitted that Respondent gave Snelling either a chain or a bracelet.

   
   

10. Renee Snelling was an 18-year-old student at Piper High School during the 1980-1981 school year. On one of the first occasions she talked to Respondent he told her she should be a model. Her career as a model was the dominant theme of most of their subsequent conversations. Respondent suggested she go to college and become a model. On one occasion he asked if they had sex would she tell anybody. On another occasion he told her he had a necklace for her. He never cave her the necklace but showed it to her one time when he removed it from his wallet. He called Snelling at her home on one or more occasions to ask her to go out. When Respondent returned from a trip to Moorhead College in Kentucky with some of the football players he took there in his own car to increase their interest in college, he brought back a T-shirt which he had delivered to Snelling by one of the football players. On one occasion Respondent sent a pass to Snelling but she does not recall if she left class to see him in response to the pass. The only occasion Respondent mentioned sex to Snelling was when he inquired if she would tell.

    
    

11. The policy at Piper High School regarding passes is that they are used only with respect to school business, and rarely. If a student is in a class he cannot leave that classroom without the permission of that classroom teacher even if he receives a pass from another teacher.

    
    

12. Respondent graduated from Pahokee High School in 1974 where he was a football star and a campus leader. With the ecouragement of his coaches, Respondent obtained a football scholarship at Bethune-Cookman College, from where he graduated in 1979. He is appreciative of the help and encouragement he received from his coaches and teachers and desires to repay that debt by helping others as he was helped. In doing this, he encourages all of the kids he talks to to go to college and get an education.

    
    

13. When Respondent resigned from Broward County School System, he obtained a job at Pahokee High School in the Special Education Department teaching students with learning disabilities. His principal feels Respondent is doing an excellent job at Pahokee and that he is an asset to the school. During his year at Pahokee Respondent volunteered to coach and led the girls' track team to runner-up position in the state championships. He also took over the cross-country track team, which had been cancelled, and led this team to the district championship. He has continually encouraged students to continue their educations throughout high school and has gone out of his way to help them get scholarships, grants and other assistance towards this goal. Both Respondent and his wife have taken students, with parental consent, to out-of-town games, have had students over for dinner, have driven them to athletic contests, have provided transportation home from football practice which extended beyond the bus schedule, and generally have devoted considerable after-school-hours time to helping and encouraging students to attain higher standards in life.

    
    

    CONCLUSIONS OF LAW

    
    

14. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.

    
    

15. Section 231.28, Florida Statutes, provides for revocation or suspension of teaching certificates for various periods to permanently if it can be shown that such person has been guilty, inter alia, of gross immorality or an act involving moral turpitude, of personal conduct which seriously reduces his

    effectiveness as an employee of the School Board, or has otherwise violated the provisions of law or the rules of the State Board of Education. Section 231.09, in establishing duties of instructional personnel, includes the requirement to set an example and strive to advance pupils in deportment and morals.

    
    

16. Moral turpitude involves the idea of inherent baseness or depravity in the private, social relations or duties owed by man to man or man to society.

    It may also be defined as anything done contrary to justice, honesty, principle or good morals, though it often involves question of intent. State ex rel Tullidge v. Hollingsworth, 146 So. 660 (Fla. 1933)

    
    

17. In The Florida Bar v. Davis, 361 So.2d 159 (Fla. 1978), the Supreme Court held the issuance of four worthless checks by an attorney with knowledge there was insufficient funds on deposit to pay the checks on presentment did not constitute moral turpitude. Since no intent to defraud was shown, the act was not so base and vile as to constitute moral turpitude. In Pearl v. Florida Board of Real Estate, 349 So.2d 189 (Fla. 3d DCA 1981), the Court held that conviction of felony possession of a controlled substance does not involve conviction of a crime involving moral turpitude. In Woodward v. Professional Practices Council, 388 So.2d 343 (Fla. 1st DCA 1980), the Court held that furnishing marijuana and beer to teenage students by a teacher constitutes misconduct in office which seriously reduces the teacher's effectiveness in the school system.

    
    

18. While the acts of Respondent involving students McGee, Snelling and Johnson are improper and contrary to the duties required of instructional personnel, these acts do not constitute gross immorality or moral turpitude. These acts were sufficient to seriously reduce Respondent's effectiveness at Piper High School and perhaps in the Broward County School System. As a first- year teacher Respondent was obviously on an annual contract which the School Board could have chosen not to renew without cause. He is under the same type contract with Palm Beach County School Board. That School Board has the clear option of renewing or not renewing Respondent's annual contract as it sees fit.

    
    

19. Respondent came to Piper High School right out of college and obviously confused his attraction as a football and track star with his responsibilities as a teacher. Respondent has attributes which could make him a valuable asset to a high school. However, he also has demonstrated traits which are unsuitable and intolerable as a high school teacher. It is believed the latter traits result more from immaturity than from predisposition. Therefore, it is not believed that revocation or outright suspension is a proper penalty for a first offense under these circumstances. However, the offenses are sufficiently serious that any repetition should lead to termination of Respondent's access to the classroom. It is, therefore,

RECOMMENDED that the teacher's certificate of Clarence Dixon be suspended for one (1) year. It is further

RECOMMENDED that the suspension be stayed until June 20, 1984, the expiration date of his current registration, at the expiration of which, unless the stay is earlier vacated for good cause, Respondent's certificate be renewed.

ENTERED this 6th day of August, 1982, at Tallahassee, Florida.

K. N. AYERS 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 6th day of August, 1982.

COPIES FURNISHED:

Craig Wilson, Esquire

315 Third Street

West Palm Beach, Florida 33401

William E. Gary, Esquire and

Michael Lewis, Esquire Riverview Professional Building

117 Seminole Street, Suite 200 Stuart, Florida 33494

Donald L. Greisheimer Executive Director

Education Practices Commission

125 Knott Building Tallahassee, Florida 32301

Ralph D. Turlington, Commissioner of Education

The Capitol

Tallahassee, Florida 32301

Docket for Case No: 82-000408

Orders for Case No: 82-000408