STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT OF ) EDUCATION, EDUCATION PRACTICES ) COMMISSION, RALPH D. TURLINGTON, )

as Commissioner of Education, )

)

Petitioner, )

)

vs. ) CASE NO. 83-187

)

LLOYD T. COOPER, )

)

Respondent. )

)

)

RECOMMENDED ORDER

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 31, 1983, in Jacksonville, Florida. The Recommended Order is being entered following the receipt and review of the transcript of proceedings which was filed with the Division of Administrative Hearings on April 8, 1983.

1/

APPEARANCES

For Petitioner: L. Haldane Taylor, Esquire

1902 Independent Square

Jacksonville, Florida 32202

For Respondent: Lloyd T. Cooper

4720 Adams Road

Hixson, Tennessee 37343

ISSUES

This case is presented based upon an administrative complaint brought by Ralph D. Turlington, as Commissioner of Education, against Lloyd T. Cooper. The allegations set forth in this complaint pertain to the Respondent's conduct of serving alcoholic beverages to students and other minors below the age of 19 years. Respondent is also accused of inviting a student into his home, and while they were alone, serving an alcoholic beverage to her, which she drank in his presence. On this same occasion, Respondent is alleged to have given the student marijuana and to have kissed the student while in his apartment. These acts by Respondent purportedly are in violation of Subsection 231.28(1), Florida Statutes, in that Respondent is guilty of gross immorality and acts involving moral turpitude and has been guilty of personal conduct which seriously reduces his effectiveness as an employee of the Nassau County School Board.

Respondent's acts are said to be contrary to Rule 6B-1.01, Florida Administrative Code, by his failure to achieve and sustain ethical conduct. Finally, Respondent is accused of a violation of Rule 6B-1.06(3)(a)(e) and (h),

Florida Administrative Code, in that he has failed to make a reasonable effort to protect a student from conditions harmful to learning or to health and safety; has intentionally exposed a student to unnecessary embarrassment or disparagement; and has exploited a professional relationship with a student for professional gain or advantage.

FINDINGS OF FACT

1. This case was heard based upon Respondent's request for a formal Subsection 120.57(1), Florida Statutes, hearing to allow him to dispute the facts that underlie the administrative complaint. Respondent holds Teacher's Certificate No. 306317, which allows him to teach in secondary education in the areas of physical education, health education, and science. The teacher's certificate issued by the State of Florida, Department of Education, is valid through June 30, 1986. Respondent has been certified as a teacher in Florida since 1971. See Petitioner's Exhibit No. 1 admitted into evidence. From August 20, 1971, until his resignation in June, 1982, Respondent was employed as a classroom teacher by the Nassau County School System in Nassau County, Florida.

   
   

2. In 1982, a week prior to the graduation of members of the senior class of Fernandina Beach High School, various graduation parties were held. Respondent held one of those parties at his apartment. That party occurred on Friday, May 21, 1982. There were no other teachers or adults in attendance at the party. A number of students who were still attending high school were invited to the party and Terri Jones, now Terri Coleman, was among those students. She attended the party, having been provided a map by Respondent to enable her to find his home. The location of Respondent's home at that time was in Fernandina Beach, Florida. This was the first occasion that Coleman had visited Respondent in his apartment. Coleman arrived at the Respondent's apartment around 8:00 p.m. on May 21, 1982. She stayed for approximately 45 minutes. When she entered, there were approximately 10 other high school students in attendance. Respondent was mixing alcoholic drinks for those students during the party. He offered to give Coleman an alcoholic beverage, but she declined. Cooper and other students were also smoking marijuana, which was retrieved from a container on a coffee table in his apartment.

   
   

3. On the following Monday, May 24, 1982, Coleman attended another house party given by fellow students in the high school. There were approximately 50 persons at this party, including students of Fernandina Beach High School and other students. Respondent was in attendance; however, other teachers were not involved in the festivities. Coleman arrived at the party around 9:00 p.m. and stayed for approximately 30 minutes. Cooper was again observed mixing drinks which contained liquor. These drinks were served to students at the party.

   
   

4. On Wednesday, May 26, 1982, Coleman attended another party for students in her high school. This date was prior to her graduation from Fernandina Beach High School. Coleman arrived at this party at around 7:00 p.m. Once there, she had someone purchase a six-pack of beer, and she drank two or three of those cans of beer while at the party. She remained at the party for approximately 2 hours.

   
   

5. Later on, the evening of May 26, 1982, at approximately 9:00 p.m., she went to the home of the Respondent. She was uninvited. [In the way of background, Respondent did not teach classes in which Coleman was a student. He had coached an athletic team in which Coleman was a participant in her junior year in high school. He had also expressed his desire to ask her out for a date when she reached her majority. This had occurred while she was a student

   attending high school prior to May 26, 1982. On one other occasion, when Respondent had arrived at the high school under the influence of an alcoholic beverage, Respondent saw her and took her from the room where she had been observed and walked around the school grounds with her. Finally, in that instance, they went to the Respondent's classroom in the back portion of that area and he kissed her.] Respondent admitted Coleman to his apartment on the night of May 26, 1982. Once inside, she explained that she had just stopped by to "say hello for a minute". While in the apartment, Respondent and Coleman watched television, and he asked her if she wanted a mixed drink. She replied that she did not because she would drink her beer. Nonetheless, Respondent mixed a drink for Coleman which contained an alcoholic beverage. She drank part of the mixed drink. The container with the marijuana was still located on the coffee table, as was the case on May 21, 1982. Respondent removed marijuana from that container and began smoking the substance and offered it to Coleman who accepted the marijuana. The marijuana was being smoked through an apparatus containing water. Coleman also drank two more cans of beer while at the apartment. Finally, while seated on the couch, Respondent kissed Coleman as many as five times on the mouth. After staying for approximately an hour, Coleman took her leave. At no time during her visit to the apartment, did Respondent ask Coleman to leave or attempt to contact her parents. When she left his apartment, she was substantially influenced by the effect of substances consumed. Notwithstanding her condition, Respondent allowed her to drive.

   
   

6. Coleman went home after stopping at the house where she had attended the party earlier in that evening. She stayed in that house for approximately

   10 or 15 minutes on her second visit.

   
   

7. Coleman was confronted by her mother after arriving home on the evening of May 26, 1982, and her mother found her to still be suffering from the effects of substances consumed. After questioning, Coleman's mother ascertained that her daughter had been to the home of Respondent and learned of the events that had transpired while Coleman was there. As a result, Mrs. Jones went to the high school and spoke to the Respondent. She identified herself as Coleman's mother, and gave her rendition of the events of the evening of May 26, 1982, which had been told to her by her daughter. At that time, Coleman was 18 and Respondent, in the face of that fact, did not seem impressed with the possible consequences that might occur if members of the Nassau County School Administration learned of his indiscretion. Jeanette Jones, Coleman's mother, advised Cooper that she was going to speak to the Superintendent of Schools, Craig Marsh, concerning the liaison between Respondent and Coleman.

   
   

8. Mrs. Jones spoke to superintendent Marsh, and Marsh conducted an interview with Coleman. In that interview, Coleman related the events that transpired in the apartment of Respondent on May 26, 1982. In a subsequent conversation with the Respondent, Cooper told Marsh that Coleman had gone to his house on the night in question and he had invited her in and mixed her a drink and they smoked marijuana and sat on the couch and "smooched". Out of this conversation, Respondent submitted his resignation from his position with the Nassau County School Board.

   
   

9. Marsh correctly asserts that Cooper's acts with Coleman have caused Respondent to lose his effectiveness as a teacher in the Nassau County School System. Furthermore, Marsh would not recommend that the Respondent be allowed to teach in high school either in Nassau County or any other school system in the State of Florida.

   CONCLUSIONS OF LAW

   
   

10. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of this action. See Subsection 120.57(1), Florida Statutes.

    
    

11. Subsection 231.28(1), Florida Statutes, as alluded to in the administrative complaint, allows disciplinary action to be taken against a Florida teacher who has been guilty of gross immorality and acts involving moral turpitude or who has been guilty of personal conduct which seriously reduces his effectiveness, in this instance, as an employee of the Nassau County School Board. The facts in this case demonstrate that Respondent has committed acts of gross immorality and acts involving moral turpitude referring to his conduct with Terri Jones, now Terri Coleman, by providing marijuana and alcoholic beverages to her, utilizing those substances in her presence, and making physical advances to her. His actions of providing alcoholic beverages and marijuana to other students, and consuming those substances in their presence, are likewise a violation of those provisions. For such violations, Respondent is subject to the penalties set forth in Section 231.28, Florida Statutes.

    
    

12. Respondent has violated Rule 6B-1.06, Florida Administrative Code, which is known as the Principles of Professional Conduct for the Education Profession in Florida, in that he has failed to protect Coleman from conditions harmful to the health and safety of the aforementioned student and has exposed Coleman to unnecessary embarrassment and disparagement and has exploited his professional relationship with Coleman for his personal advantage. This violation of rule subjects the Respondent to penalties announced in Section 231.28, Florida Statutes.

    
    

13. Reference to Rule 6B-1.01, Florida Administrative Code, to the extent that it is offered as an allegation of misconduct, is not well-founded. That provision is the preamble to the Code of Ethics of the Education Profession in Florida and does not constitute a substantive violation.

    
    

14. In consideration of the facts found and the conclusions of law reached, and the seriousness of these offenses, it is,

RECOMMENDED:

That a Final Order be entered which revokes Respondent's teacher's certificate in Florida permanently.

DONE and ENTERED this 20th day of May, 1983, in Tallahassee, Florida.

CHARLES C. ADAMS

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 20th day of May, 1983.

ENDNOTE

1/ Petitioner, through counsel, has offered a proposed recommended order. This proposal has been considered prior to the entry of the Recommended Order. To the extent that the proposal is consistent with the Recommended Order, it has been utilized. To the extent that the proposal is inconsistent with the Recommended Order, it is rejected.

COPIES FURNISHED:

L. Haldane Taylor, Esquire 1902 Independent Square Jacksonville, Florida 32202

Lloyd T. Cooper 4720 Adams Road

Hixson, Tennessee 37343

Mr. Don Griesheimer

Education Practices Commission

125 Knott Building Tallahassee, Florida 32301

Honorable Ralph D. Turlington Commissioner of Education The Capitol, Plaza Level Tallahassee, Florida 32301

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AGENCY FINAL ORDER

=================================================================

BEFORE THE EDUCATION PRACTICES COMMISSION OF THE STATE OF FLORIDA

RALPH D. TURLINGTON, as

Commissioner of Education, Petitioner,

vs. CASE NO. 83-187

LLOYD T. COOPER,

Respondent.

/

FINAL ORDER

Respondent, Lloyd T. Cooper, holds Florida teaching certificate number 306717. Petitioner filed an Administrative Complaint seeking suspension, revocation, or other disciplinary action against the certificate.

Respondent requested a formal hearing and one was held before the Division of Administrative Hearings. A Recommended Order has been forwarded to the Panel pursuant to Section 120.57(1), F.S. and it is attached to and made a part of this Order.

A panel of the Education Practices Commission met on June 16, 1983 in Sarasota, Florida to take final agency action. The Petitioner was represented by L. Haldane Taylor, Esquire. The Respondent was not represented. The panel has reviewed the entire record in this case.

FINDINGS OF FACT

1. The panel adopts the Findings of Fact of the Recommended Order.

   
   

   CONCLUSIONS OF LAW

   
   

   The panel adopts these Conclusions of Law as stated in the Recommended Order.

   
   

2. Subsection 231.28(1), Florida Statutes, as alluded to in the Administrative Complaint, allows disciplinary action to be taken against a Florida teacher who ha been guilty of gross immorality and acts involving moral turpitude or who has been guilty of personal conduct which seriously reduces his effectiveness, in this instance, as an employee of the Nassau County School Board. The facts in this case demonstrate that Respondent has committed acts of gross immorality and acts involving moral turpitude referring to his conduct with Terri Jones, now Terri Coleman, by providing marijuana and alcoholic beverages to her, utilizing those substances in her presence, and making physical advances to her. His actions of providing alcoholic beverages and marijuana to other students, and consuming those substances in their presence, are likewise in violation of those provisions. For such violations, Respondent is subject to the penalties set forth in Section 231.28, Florida Statutes.

IT IS THEREFORE ORDERED that the Respondent's certificate is hereby REVOKED for a period of five years.

DONE AND ORDERED this 27th day of June, 1983.

Marjorie Hankins, Presiding Officer

Filed in the records of the Education Practices Commission this 28th day of June, 1983.

Donald L. Griesheimer, Clerk

COPIES FURNISHED TO:

Arthur Wallberg, Esquire Attorney General's Office

Marlene Greenfield

Professional Practices Services

Judith Brechner General Counsel

Department of Education

L. Haldane Taylor, Esquire 1902 Independent Square Jacksonville, Florida 32202 Attorney for Petitioner

Mr. Lloyd Thomas Cooper 4720 Adams Road

Hixson, Tennessee 37343

Mr. Craig Marsh Superintendent

Nassau County Schools

209 Cedar Street

Fernandina Beach, Florida 32034

Docket for Case No: 83-000187

Orders for Case No: 83-000187