STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 82-3321

)

MARY JONES, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Miami, Florida, on May 17, 1983, before the Division of Administrative Hearings and its duly appointed Hearing Officer,

1. T. Carpenter. The parties were represented by:

   
   

   For Petitioner: Jesse J. McCrary, Esquire

   3000 Executive Plaza

   3050 Biscayne Boulevard

   Miami, Florida 33137

   
   

   For Respondent: Elizabeth Du Fresne, Esquire

   1782 One Biscayne Tower

   Two South Biscayne Boulevard Miami, Florida 33131

   
   

   For Respondent: Ellen Leesfield, Esquire

   2929 Southwest Third Avenue, Fifth Floor Miami, Florida 33129

   
   

   This case arose on Petitioner's 30-day suspension of Respondent, a classroom teacher, on charges that Respondent threw a staple gun at one of her students.

   
   

   FINDINGS OF FACT

   
   

   1. Respondent has taught business education at Horace Mann Junior High School for the past three and one half years. On November 17, 1982, she was teaching a business class during which a student, Rhetta Allen, was struck on the face and cut by a staple gun. The stapler was thrown by Respondent at or in the direction of Allen, who refused to take her seat as directed by Respondent.

      
      

   2. Respondent testified that she was moving across the classroom and was tripped by a student causing her to lose her balance and accidentally throw the stapler. This claim was not corroborated. Rather, the testimony of Allen and three other students who witnessed the incident established that Respondent was angry, that she did not lose her balance, and that she threw the stapler intentionally.

   3. It was not established whether Respondent intended to strike Allen with the stapler or whether she merely threw it in Allen's direction. At best, she threw the stapler in disregard of Allen's safety.

      
      

      CONCLUSIONS OF LAW

      
      

   4. Subsection 231.36(6), Florida Statutes (1981), provides in part:

      
      

      (6) Any member of the district admin- istrative or supervisory staff and any member of the instructional staff, including any principal, may be sus- pended or dismissed at any time during the school year; provided that the charges against him must be based on immorality, misconduct in office, incompetency, gross insubordination, willful neglect of duty, drunkenness, or conviction of any crime involving moral turpitude. . . .

      
      

   5. The above provision permits Petitioner to suspend Respondent upon a finding that Respondent is guilty of misconduct in office. By willfully endangering the safety of a student entrusted to her supervision, as discussed herein, Respondent is guilty of misconduct in office, and is therefore subject to suspension.

RECOMMENDATION

Based on the foregoing, it is

RECOMMENDED that Petitioner enter a Final Order finding Respondent guilty of misconduct in office in violation of Subsection 231.36(6), Florida Statutes (1981) and affirming her 30-day suspension.

DONE and ENTERED this 28th day of June, 1983, in Tallahassee, Florida.

R. T. CARPENTER Hearing Officer

Division of Administrative Hearings 2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 25th day of June, 1983.

COPIES FURNISHED:

Jesse J. McCrary, Esquire 3000 Executive Plaza

3050 Biscayne Boulevard

Miami, Florida 33137

Elizabeth Du Fresne, Esquire 1782 One Biscayne Tower

Two South Biscayne Boulevard Miami, Florida 33131

Ellen Leesfield, Esquire 2929 S.W. Third Avenue Fifth Floor

Miami, Florida 33129

Dr. Leonard Britton Superintendent of Schools Dade County School Board 1410 Northeast Second Avenue Miami, Florida 33132

Docket for Case No: 82-003321

Orders for Case No: 82-003321