STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
SCHOOL BOARD OF DADE COUNTY, )
)
Petitioner, )
)
vs. ) CASE NO. 83-1111
)
LEO A. WILLIAMS, )
)
Respondent. )
) DEPARTMENT OF EDUCATION, ) EDUCATION PRACTICES COMMISSION, )
)
Petitioner, )
)
vs. ) CASE NO. 83-2925
)
LEO A. WILLIAMS, )
)
Respondent. )
)
RECOMMENDED ORDER
These consolidated cases were heard on November 8 and 9, 1983, by R. L. Caleen, Jr., Hearing Officer with the Division of Administrative Hearings, in Miami, Florida.
APPEARANCES
For Petitioners Phyllis O. Douglas, Esquire Dade County 1410 North East Second Avenue School Board: Miami, Florida 33132
Education Craig R. Wilson, Esquire
Practices 315 Third Street, Suite 204 Commission: West Palm Beach, Florida 33401
For Respondent: Elizabeth DuFresne, Esquire and
Ellen Leesfield, Esquire 2929 South West Third Avenue Miami, Florida 33129
ISSUES
Whether respondent should be dismissed from his employment with the School Board of Dade County and his teaching certificate disciplined for alleged incompetency, gross insubordination, immorality and misconduct in office.
BACKGROUND
On March 30, 1983, petitioner School Board of Dade County ("School Board") suspended Leo A. Williams ("respondent") from his employment and initiated proceedings to dismiss him for alleged professional misconduct. Respondent requested a Section 120.57(1) hearing and the case was transferred to the Division of Administrative Hearings for assignment of a hearing officer.
Subsequently, petitioner Ralph D. Turlington, as Commissioner of Education ("the Department") filed an administrative complaint charging respondent with similar misconduct and seeking to revoke or otherwise discipline his teaching certificate. After respondent disputed the charges against him, this case, also, was referred to the Division of Administrative Hearings. On September 23, 1983, both cases were consolidated for purposes of final hearing.
At hearing the petitioners presented the testimony of Harold Knott, Robert Snyder, Crysta Mullis, Jessie Land, Joseph Bellow, Tyler Smith, Norman Lindeblad, Dr. Evalina Bestman, Dr. Robert A. Wainger, Officer John Truitt, Judy Cobb, Leo Williams, Richard Artmeier, Kathleen A. Salle, Desmond Patrick Gray and Officer Douglas Reese. Respondent testified in his own behalf and presented the testimony of Nathaniel Wheary, Andrew Green, Clinton Albury and Reverend Ronald Napoleon Fox. Petitioners' Exhibit Nos. 1 through 38 were received into evidence, as were respondent's Exhibit Nos. 1 through 4.
The transcript of hearing was filed on December 30, 1983. The parties filed proposed findings of fact and conclusions of law by February 9, 1984.
Based on the evidence presented at the hearing, the following facts are determined:
FINDINGS OF FACT
Respondent is a continuing contract teacher with the Dade County Public Schools. During the 1979-80 school year, he was employed at Miami Killian Senior High School. He had been invited to teach at that school by Principal Harold Knott, who had known him in the past and had been impressed with his abilities as a physical education teacher.
Commencing in the fall of the 1979-80 school year, respondent did not properly record student grades. The Killian teacher's handbook required teachers to, weekly, record two grades in their grade books for each student. As of November 29, 1979, respondent had recorded no grades for any student,
although November 2 was the end of the nine-week grading period and all teachers were expected to have their grades recorded by that time. The result of this omission was that no grades could be reported on the progress reports which were sent to the parents of respondent's students. Several parents called the school, complaining that their children's progress reports contained no grades for respondent's class.
As a result of respondent's omission, Principal Knott directed him to call each of the parents and explain why the grades were absent. Mr. Knott then went to each of Williams' classes and graded the students himself based upon what the students told him and on the available records.
Respondent was the only teacher during that time who failed to record his grades at Miami Killian Senior High School. 1/
A conference was called to discuss this matter on December 3, 1979. At that time, respondent stated that his grades would be turned in the next day. They were not.
Because of respondent's failure to record grades and because of other difficulties he was having in fulfilling his obligations as the head of the Physical Education ("PE") Department, Mr. Knott assigned Assistant Principal Robert Snyder to monitor his performance.
Mr. Snyder met with respondent between eight and twelve times regarding his failure to record grades and asked him several times to bring copies of his grade cards and records for his (Snyder's) review. Respondent failed to comply with this request and on January 28, 1980, Mr. Snyder wrote him a memorandum directing him to bring his grade books and attendance cards to his (Snyder's) office at the end of the week. Respondent did not comply with this written directive and Mr. Snyder never saw his grade cards.
On one occasion when Mr. Snyder was discussing respondent's grade cards with him, respondent stated that the grade cards were in his (respondent's) office. They both proceeded to the office, and, when they arrived at the office respondent stated that the grade cards had been stolen.
In addition to his failure to report grades, respondent failed to attend department head meetings and often did not attend faculty meetings. Many of the teachers in the PE department were concerned that he was not working with them. In March, 1980, respondent planned a field trip to attend track relays at Winter Park, Florida, without first obtaining the principal's permission. This was another violation of school policy. (Petitioners' Exhibits Nos. 10 and 11). There were times when respondent was absent from his regular teaching duties but, after the school day was over, he would report to handle his coaching responsibilities. Mr. Knott began to suspect that respondent's coaching responsibilities were more important to him than his teaching duties.
During the course of the 1979-80 school year, respondent was gradually relieved of many of his duties because of performance deficiencies. On November 29, 1979, he was removed as PE Department head. On June 10, 1980, he was relieved of his assignment as head track coach. At the end of the school year, Principal Knott evaluated him as unacceptable in the areas of assessment techniques and professional responsibility. (Petitioners' Exhibit No. 13)
Respondent maintains that he was the object of a vendetta because he refused to assist Principal Knott in an alleged effort to transfer or terminate several coaches at Miami Killian. This alleged effort to transfer or terminate other coaches, however, took place during the 1978-79 school year, when respondent received an acceptable evaluation from Principal Knott. In any case, the coaches who respondent alleges were the subject of Principal Knott's efforts still coach at Miami Killian Senior High School. Mr. Knott's denial that he made an effort to transfer or dismiss them is persuasive.
Mr. Knott stated that the students were sometimes afraid of respondent. One incident took place between Joseph Bellow, a student, and respondent in the spring of the 1979-80 school year at Miami Killian Senior High School. An argument had ensued between them. Respondent screamed at the student, suddenly grabbing him and throwing him up against a gate or wall. He taunted the student to hit him back but Joseph refused, stating "I can't fight you. I'm a kid. I mean, you will hurt me." Joseph suffered minor injuries from the assault, including back, head and neck pains. Of more concern to
Joseph, however, was the fact that he had been embarrassed. He dropped out of high school soon after the incident. One of his reasons for leaving was that he did not wish to confront respondent again, although his resolve to finish high school at that time was not particularly strong.
Beginning with the 1980-81 school year, respondent was transferred to Redland Junior High School under the supervision of Principal Norman Lindeblad. Mr. Lindeblad had been aware of the outstanding job done by Williams with students in the Richmond Heights community from 1969 to 1972. However, when respondent arrived at Redland, he (respondent) appeared to be a bitter and angry person.
During the 1982-83 school year, Principal Lindeblad observed what appeared to be irrational behavior by respondent.
On October 11, 1982, respondent was involved in an incident with student James Santana. Respondent and James were arguing in the locker room, when respondent said, "Let's get down with it", or words to that effect. Respondent and James walked toward the adjacent elementary school parking lot, with respondent leading. At the lot they exchanged punches. Respondent then grabbed James by each side of his head and threw him up against a car. James' shirt was ripped, and there was blood on his mouth.
James proceeded to Principal Lindeblad's office where he described the incident. He stated that he and respondent had exchanged words in the school locker room and that respondent had invited him to leave the school grounds so they could handle the problem "man-to-man"--where respondent was not a teacher, and James, not a student.
Respondent was summoned to the office where he admitted that he had directed James to go to the elementary school parking lot. This is a violation of school rules in that students are not permitted to leave the school premises without signing out at the central office. Respondent also admitted that he had picked up James and "put him on a car." 2/
Principal Lindeblad observed that a few days earlier, respondent had made a similar statement to another student, to wit: "Let's go out in the street, where I am not a teacher and you are not a student, and we will settle this like men." Mr. Lindeblad felt that a psychiatric evaluation was necessary before respondent could continue his teaching duties.
As a result of the incident and Mr. Lindeblad's recommendation, Dr. Desmond Patrick Gray, Executive Director of the School Board's Division of Personnel Control, arranged for a psychiatric evaluation of respondent by Dr. Robert Wainger. It was explained to respondent that, should he wish to obtain a second medical opinion, the School Board would consider it in addition to Dr. Wainger's.
The examination was scheduled for October 26, 1982, but respondent did not keep the appointment. Instead, he called Dr. Gray and argued about his right to obtain a second opinion. Since he had not yet obtained the first opinion, this appears to have been an effort to delay or forestall the examination by Dr. Wainger.
Respondent was finally evaluated by Dr. Wainger on November 9, 1983. Dr. Wainger concluded that respondent was suffering from a mixed personality disorder with a variety of problems, including insecurity and fears of
inadequacy. Dr. Wainger found that respondent's ability to respond to stress was impaired and that he would, at times, engage in erratic behavior when under stress. He concluded that respondent needed psychiatric help on an ongoing basis, since his ability to function had deteriorated over the last couple of years. Without this therapy, Dr. Wainger concluded, further incidents of the type which had led to the medical evaluation would inevitably recur. He recommended that, should the School Board reinstate respondent, such reinstatement be concurrent with psychiatric treatment.
Respondent was advised of these psychiatric findings and that his return to work was conditioned upon his initiation of an ongoing psychiatric treatment program. He was given full discretion as to the professional with whom he would initiate treatment and the type of treatment. On December 16, 1982, he agreed to undergo the necessary psychiatric treatment program.
Yet, as of December 29, 1982, he had not obtained any such psychiatric help and notified Dr. Gray's office that he would not do so until he was so ordered in writing. Dr. Gray sent respondent the requested written order on January 5, 1983. 3/ Dr. Gray also advised him at that time that he was absent without leave, since he had not complied with the agreed upon condition for his return to work and he was no longer drawing sick leave. He had been advised, however, that he could request a leave of absence and that failure to do so (or to return to work upon satisfying the precondition) would constitute absence without leave.
Respondent eventually decided to attend counselling sessions with Dr. Evalina Bestman. At his initial appointment with her on January 13, 1983, she obtained background information. This was approximately a one-half hour meeting. Based on the fact that he had scheduled another appointment, Dr. Bestman advised the school system that he was being treated by her, he returned to work on January 18, 1983.
Subsequently, respondent was 45 minutes late for his first one-hour appointment with Dr. Bestman. Another appointment was scheduled, and again he arrived 45 minutes late. Dr. Bestman scheduled a third meeting for February 2 at 4:30, and he did not attend. Dr. Bestman then wrote a letter to the Division of Personnel Control stating that Leo Williams was no longer receiving treatment from her.
Although Dr. Bestman stood ready to provide psychiatric counselling for respondent, he received no counselling from her because he failed to attend the sessions. (Dr. Bestman concluded that Mr. Williams may have been resistant to counselling.)
When confronted with his failure to attend Dr. Bestman's counselling sessions, respondent stated that he had not attended the sessions because of transportation problems. He acknowledged, however, that he resisted receiving counselling at that time.
On March 14, 1983, two further incidents involving respondent occurred at Redland Junior High School. Early in the morning on that date, respondent encountered a 13-year-old female student, Crysta Mullis, in the hallway of the school. He directed her to go to his office. When she arrived, he asked her about her parents and her school work. Then, he physically embraced her. She left the office and went to her PE class. When she arrived at the basketball court, respondent motioned her to come to the back door of the boys' locker room. She complied, and the two of them walked back into his office. He then
shut the door, hugged her, and kissed her on the lips. He tried to insert his tongue in her mouth. He then warned her not to say anything to the other students about the matter. She did not want to be hugged or kissed by respondent and she was frightened. She is still afraid of him.
During her lunch hour, Crysta told Assistant Principal Dobson of the incident, and subsequently reduced the matter to writing.
That same day, Assistant Principal Judy Cobb tried to talk to him about his refusal to write out a referral regarding two students who had been in a fight and his failure to be in his assigned class when a male student shoved a female student. The parents of the female student had complained of improper supervision. At first respondent refused to speak with Ms. Cobb unless a union representative was present. When the attendance of the union representative was secured, he decided to come for a conference while he had a class, although Ms. Cobb had said that they should confer after school when it would not interfere with his class activities. Respondent proceeded to the main office where he yelled, "Don't have Ms. Cobb say anything to me. I don't want to hear anything from that lady." Secretaries and students were present and listening.
Principal Lindeblad asked him to go into his office, but he refused. Respondent then asked if he was being insubordinate and Lindeblad replied, "Yes"; respondent replied, "Good." Respondent was directed three times to go into the principal's office, and refused--three times.
Finally, respondent entered the principal's office where he was asked to close the door. He said he was not the principal's flunky and would not close the door. Ms. Cobb entered and closed the door.
Respondent's conduct during the conference was unprofessional and rude. He began to shout that Ms. Cobb was a flunky and was working for the devil; that he was not going to take directions from her. Principal Lindeblad told him that Ms. Cobb was the assistant principal and had the authority and responsibility to handle the duties of that office.
Due to respondent's behavior, Mr. Lindeblad relieved him of his duties for the rest of the school day. Respondent demanded the directive in writing and Mr. Lindeblad complied. Dr. Gray told respondent not to report to Redland the next day, but to report directly to Dr. Gray's office for a conference.
The scheduled conference took place in Dr. Gray's office on March 15, 1983. Shortly after the meeting began, respondent announced that he was resigning. His union representative asked to speak to him privately first. Respondent replied, "No, you don't tell me what to do," (TR-I, 144, 207, TR-II,
38) and left the conference. (TR-I, 144, 207, TR-II, 38) He subsequently rescinded the oral resignation.
On March 30, 1983, the School Board suspended respondent and instituted dismissal proceedings against him. Subsequently, Dr. Gray was informed that respondent was visiting the school campus and threatening the staff. Accordingly, he wrote respondent a letter dated May 6, 1983, advising him that requests for information should come to his office and that respondent should remain off the grounds of Redland Junior High School. Respondent was advised that he would be subject to arrest if he entered school grounds again.
One of the actions precipitating Dr. Gray's letter was respondent's visit to the campus on May 5, 1983. At that time, Principal Lindeblad attempted to speak to him. Respondent ignored him, stating that he would speak to him
only through his lawyers. Mr. Lindeblad then told him not to come on the school grounds again and that, if he did, he would be arrested. Respondent responded that he had been in jail before and was not afraid of the police. An argument ensued, with respondent challenging Mr. Lindeblad by saying, "If you come across the street, we can settle this now. We can settle this man to man." He further stated, "When I get through with you, you will be very sorry. I'm going to throw off all of your pretty tricks." Then he turned to Assistant Principal Cobb, who was also present, and stated, "And you too, if you don't stop being his flunky." (TR-I, 146-148, 208, 209)
Later on that day, Officer Douglas Reese and her partner responded to reports of an aggravated assault and burglary. Upon arriving at the scene, the officers encountered a group of eight to ten people who were Jehovah's Witnesses. They said he had approached them in a vehicle and called them prostitutes. He said he was going to kill all the prostitutes, and attempted to run them over with his vehicle, which subsequently crashed into a parked motorcycle next to the side of a house. He exited his vehicle and attempted to enter two residences, then entered a third residence which belonged to the Salle family.
Kathleen Salle was in her home at the time and heard a loud noise outside, as though one car was colliding with another. A few moments later, there was a loud, frantic banging on her front door. She went to the front window to see who was outside. She saw no one at the door, but saw respondent knocking on the bedroom window. He came back to her front door and told her that she was a prostitute and operated a prostitution ring in her house. He also stated that there was a black man in bed in her bedroom. He yanked the door out of her hand and entered her house. He continued to call her a prostitute and said that he knew that the neighborhood was a prostitution ring. She asked him to leave, but he did not. Although Ms. Salle had never seen respondent before, he advised her that he was "Coach Williams." When respondent headed toward her bedroom, Mrs. Salle picked up her three-year-old daughter and ran out of the house. Respondent took a pillow with a Star Wars pillowcase and a Star Wars poster from her son's bedroom, along with a racoon tail. After he yanked the pendulum off a clock, he left the house.
Respondent then proceeded to the nearby Patton residence. He wrapped a garden hose around Mr. Patton's boat and was going through the glove compartment of his (Patton's) vehicle when Mr. Patton came on the scene and asked him what he was doing. Respondent stated, "I'm going to blow your ing
boat up." Mr. Patton said he didn't know who respondent was but demanded that he get off his property. Respondent continued to rant about blowing up the boat and killing the prostitutes, and told Mr. Patton that the whole thing was being filmed. Mr. Patton became alarmed. He went inside his house, and returned with his 38-caliber handgun. He told respondent that if he did not get off his property, he would call the police. Respondent replied that guns did not scare him, then charged Mr. Patton, who shot him in the left leg.
At approximately this time, the police officers approached and respondent warned, "Don't ----ing touch me. Just get the ---- away from me or I'll ----kill you." He continued to shout obscenities and threatening violence toward prostitutes and others in the vicinity. Finally, he stated, "I'm going to have one hundred ----ing niggers here tonight and we'll burn this ing
town down. We're going to have a ----ing riot, worse than you've ever seen." Although Officer Reese placed him under arrest, respondent continued to resist. Officer Reese did not institute Baker Act proceedings against respondent because he felt respondent understood everything that was going on at the time. There
were approximately 50 citizens watching this entire incident. (TR-II, 70-79) Ms. Salle was shocked that a public school teacher would act in this manner.
Respondent did not come on the grounds of Redland Junior High School again until June 8, 1983. In the interim he made numerous harassing telephone calls to the school and finally attempted to confront Vice Principal Cobb at her home at night. Ms. Cobb was frightened by him and still is.
On June 8, 1983, respondent again entered the grounds of Redland Junior High School, where he again challenged Principal Lindeblad to come across the street and settle their differences. Officer John Truitt had been assigned to the Redland Junior High School school grounds because of past threats made by respondent toward the school faculty. He was called by Principal Lindeblad at approximately 2:40 P.M. on that day and was advised that respondent was on school property. Officer Truitt went to the rear of the school and saw respondent in the school driveway. When he approached, respondent went across the street and refused to speak to him. At that point, respondent threatened Principal Lindeblad, and challenged him to come across the street. Respondent was then taken into custody and became unruly, using profanity toward Principal Lindeblad. He was placed in the back of a Metro Dade police car because he had kicked the door of Officer Truitt's car, and the car did not have a protective device to separate the officer from respondent. While respondent was shouting obscenities across the street from the school, the school was letting out and students were present.
At one time, respondent was a good teacher. For almost 20 years he served the Dade County School System as a capable and responsible teacher. He became recognized as a pillar of the community (Richmond Heights), and his accomplishments, particularly in the field of PE, were many. However, due to numerous personal and other problems, his performance began to deteriorate during the 1979-80 school year. By his own admission, in November of 1979, he was diagnosed as suffering from "burnout" or stress. It was about this time that he was also having marital problems, resulting in a divorce. He has been hospitalized numerous times, including one at Miami Mental Health Center and Crisis Intervention, which resulted from Baker Act proceedings instituted by his wife. He was, however, promptly released from the Center. He was also hospitalized at P. L. Dodge Memorial Hospital for emotional problems in August of 1981. He once checked himself into Highland Park Hospital for four days. He is currently seeing a Dr. Miller, whom he first saw when ordered by a criminal court after his arrest on May 5, 1983. Subsequent to that first meeting, he has had three sessions with Dr. Miller. One of these sessions involved a social worker and nurse, and Dr. Miller was not present.
Respondent now acknowledges that he has mental or emotional problems. Yet he resists accepting responsibility for his actions. And he has failed to actively seek and obtain psychiatric help.
The school system has made reasonable efforts to help him with his emotional and other problems. These efforts, however, have been to no avail. Dr. Gray testified that respondent presently lacks the ability and fitness to discharge the required duties of a school teacher, an opinion which is supported by the evidence and accepted as persuasive.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this proceeding. 120.57(1), Fla.Stat. (1982).
Section 231.28(1), Florida Statutes, empowers the Education Practices Commission to suspend or revoke the teaching certificate of any person if he or she has proved to be incompetent to teach or to perform his duties as an employee of the public school system, has been guilty of gross immorality or an act involving moral turpitude, has been found guilty of personal conduct which seriously reduces his or her effectiveness as an employee of the school board or has otherwise violated the provisions of law or rules of the State Board of Education, the penalty for which is the revocation of a teaching certificate.
The School Board may dismiss a teacher pursuant to Section 231.36(4)(c), Florida Statutes, which provides:
Any member of the district administrative or supervisory staff and any member of the instructional staff, including any principal, who is under continuing con- tract may be suspended or dismissed at any time during the school year; however, the charges against him must be based on immorality, misconduct in office, incom- petency, gross insubordination . .
Although the terms "immorality, misconduct in office, incompetency, and gross insubordination," are not statutorily defined, they have been given meaning by administrative rule.
Chapter 6B-4.09, Florida Administrative Code, provides in relevant part:
6B-4.09 Criteria for Suspension and Dismissal .
Incompetency is defined as in- ability or lack of fitness to discharge the required duty as a result of in efficiency or incapacity .
Inefficiency: (1) repeated failure to perform duties prescribed by law (Section 231.09, Florida Statutes); .
Incapacity: (1) lack of emotional stability; .
Immorality is defined as conduct
that is inconsistent with the standards of public conscience and good morals. It is conduct sufficiently notorious to bring the individual concerned or the education
profession into public disgrace or disrespect and impair the individual's service in
the community.
Misconduct in office is defined as a violation of the Code of Ethics of the Education Profession as adopted in Rule 6B-1.01, FAC, and the Principles of Pro- fessional Conduct for the Education Profession in Florida as adopted in Rule 6B-1.06, FAC, which is so serious as to impair the individual's effectiveness in
the school system.
Gross insubordination or willful neglect of duties is defined as a constant or con- tinuing intentional refusal to obey a direct order, reasonable in nature, and given by and with proper authority.
b. Section 6B-1.06, Florida Administrative Code, provides:
Principles of Professional Conduct for the Education Profession in Florida.
The following disciplinary rule shall constitute the Principles of Professional Conduct for the Education Profession in Florida and shall apply to any individual holding a valid teacher's certificate.
Violation of any of these principles shall subject the individual to revocation or suspension of the individual teacher's certificate, or the other penalties as provided by law.
Obligation to the student requires that the individual:
Shall make reasonable effort to protect the student from conditions harmful to learning or to health or safety.
Shall not intentionally expose a student to unnecessary embarrassment or disparagement.
Shall not intentionally violate or deny a student's legal rights.
Section 231.09, Florida Statutes, provides that:
Members of the instructional staff of each public school shall perform duties prescribed by rules of the school board. Such rules shall include, but not be limited to, rules relating to teaching efficiently and faith- fully, using prescribed materials and methods; recordkeeping; and fulfilling the terms of
any contract, unless released from the con- tract by the school board.
Section 231.44, Florida Statutes, provides that:
Any district school board employee who is willfully absent from duty without leave shall forfeit compensation for the time
of such absence, and his employment shall be subject to termination by the school board.
The record establishes violations of Sections 231.28(1) and 231.36(4)(c), Florida Statutes. By failing to record student grades, respondent's inefficiency as a teacher was demonstrated. By failing to maintain
these grades after being admonished by his principal many times to do so, he became guilty of gross insubordination.
The assaults on students James Dean Santana and Joseph Bellow, and respondent's behavior toward Crysta Mullis, constituted misconduct in office in that the Principles of Professional Conduct for the Education Profession require teachers to make reasonable efforts to protect students from conditions which are harmful to their learning, health or safety. Further, these principles prohibit teachers from intentionally exposing students to unnecessary embarrassment or disparagement, or violating or denying students' legal rights. Respondent's behavior toward these students has impaired his effectiveness in the school system. Students as well as staff members, remain frightened of him.
Further, his treatment of Crysta Mullis is inconsistent with standards of public conscience and good morals and constitutes immoral conduct.
His continuing refusal to obey reasonable directives, such as requests by Principal Lindeblad and Assistant Principal Judy Cobb to keep an appointment, come to the principal's office, or close the door, constitute gross insubordination, as does his refusal to obey Dr. Gray's directive that he remain off the grounds of Redland Junior High School.
Respondent was willfully absent from his duties without leave from January 5, 1983, until January 18, 1983. His contract is therefore subject to termination as provided in Section 231.44, Florida Statutes.
These violations justify the dismissal of respondent and the revocation of his teaching certificate. They demonstrate his present unfitness to be a public school teacher in Florida. Dismissal and revocation by the agencies involved should, however, be without prejudice to his right to seek certification and employment at some time in the future, should he be able to demonstrate--to the agency's satisfaction--his fitness to, once again, serve as a responsible member of the teaching profession.
The parties' proposed findings of fact which are incorporated in this recommended order are adopted. Otherwise, they are rejected as unsupported by the requisite quantum of evidence or immaterial to resolution of the issues presented.
Based on the foregoing, it is RECOMMENDED:
That the teaching certificate of respondent be revoked by the Education Practices Commission; and
That suspension of respondent by the School Board of Dade County be sustained and that he be dismissed from his employment and forfeit all back pay.
DONE and ENTERED this 1st day of June, 1984, at Tallahassee, Florida.
L. CALEEN, JR.
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 1st day of June, 1984.
ENDNOTES
1/ Although respondent states that his grade book and the grade books of other PE instructors had been stolen, this fact, if true, did not keep the other teachers from reporting their grades. Respondent made no attempt to fill out the grade books or to do anything about the absence of grades. (TR-I, 25).
2/ In his first written statement, respondent stated "I grabbed him and put him on a car." In a subsequent statement filed after further reflection, respondent stated "I grabbed him to get control of him and momentarily placed him next to a car . . ." (Petitioners' Exhibit Nos. 18 and 19). Respondent also admitted that he had directed Santana to leave the campus. (TR-I, 130)
3/ A previous similar memo dated January 3, 1983, was lost in the mail.
COPIES FURNISHED:
Phyllis O. Douglas, Esquire 1410 North East Second Avenue Miami, Florida 33132
Craig R. Wilson, Esquire Suite 204, 315 Third Street
West Palm Beach, Florida 33401
Elizabeth DuFresne, Esquire and Ellen Leesfield, Esquire
2929 South West Third Avenue Miami, Florida 33129
Ralph D. Turlington, Commissioner of Education
Department of Education The Capitol
Tallahassee, Florida 32301
Donald L. Griesheimer, Executive Director
Department of Education Education Practices Commission Knott Building
Tallahassee, Florida 32301
Dr. Leonard M. Britton, Superintendent of Schools
Dade County Public Schools Administrative Office Lindsey Hopkins Building 1410 Northeast Second Avenue Miami, Florida 33132
=================================================================
AGENCY FINAL ORDER
=================================================================
STATE OF FLORIDA DEPARTMENT OF EDUCATION
EDUCATION PRACTICES COMMISSION
RALPH D. TURLINGTON, as
Commissioner of Education, Petitioner,
vs. CASE NO. 83-108-RT
DOAH CASE NO. 83-2925
LEO A. WILLIAMS,
Respondent.
/
FINAL ORDER
Respondent, LEO A. WILLIAMS, holds Florida teaching certificate no. 145192. 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 was forwarded to the Commission pursuant to Section 120.57(1), F.S.; and was incorporated into a final order rendered November 28, 1984. This final order was reversed by the Third District Court of Appeal on September 7, 1986, in case number 84-2767.
Pursuant to the opinion issued by the Third District in case number 84- 2767, a panel of the Education Practices Commission met on October 23, 1986, in Tampa, Florida to issue a final order on remand.
Respondent had filed a motion for continuance on October 16, 1986; this motion for continuance was considered at the outset of the final hearing of October 23, 1986, and was denied. Respondent's request for continuance was based upon a request for an extension of time in which to gather evidence and testimony regarding Respondent's activities and employment since the issuance of the Recommended Order. On advice of counsel that panel was bound by the record, the panel denied Respondent's motion for continuance.
The Petitioner was represented by Craig R. Wilson, Esquire. The Respondent was present and represented by George Gelb, Esquire. The panel has reviewed the entire record in the case.
The panel has previously adopted the findings of fact and conclusions of law of the recommended order. On remand, the panel adopts the hearing officer's recommendation of revocation and revokes Respondent's certificate for a period of seven (7) years. This Order takes effect upon filing.
This Order may be appealed by filing notices of appeal and a filing fee, as set out in Section 120.68(2), F.S., and Florida Rule of Appellate Procedure 9.110(b) and (c), within 30 days of the date of filing.
DONE AND ORDERED, this 4th day of November, 1986.
LEON LOWRY, Presiding Officer
I HEREBY CERTIFY that a copy of the foregoing Order in the matter of RDT
v. Leo A. Williams was mailed to George E. Gelb, Esquire, 19 West Flagler Street, #1116, Miami, Florida 33130, this 5th day of November, 1986, by U. S. Mail.
KAREN B. WILDE, Clerk
COPIES FURNISHED:
Marlene Greenfield, Administrator Professional Practices Services
Susan Tully Proctor, Esquire Attorney General's Office
Judith Brechner, General Counsel Florida Administrative Law Reports
R. L. Caleen, Jr., Hearing Officer Division of Administrative Hearings
Craig R. Wilson, Esquire
Dr. Leonard Britton, Superintendent Dade County School District
Dr. Patrick Gray, Executive Director Division of Professional Standards Dade County School District
| Issue Date | Proceedings |
|---|---|
| Jun. 08, 1990 | Final Order filed. |
| Jun. 01, 1984 | Recommended Order sent out. CASE CLOSED. |
| Issue Date | Document | Summary |
|---|---|---|
| Jun. 20, 1984 | Agency Final Order | |
| Jun. 01, 1984 | Recommended Order | Respondent grossly negligent in duties as teacher. Recommended that certificate be revoked and back pay be forfeited. |
LEE COUNTY SCHOOL BOARD vs ERNEST OVERHOFF, 83-001111 (1983)
DADE COUNTY SCHOOL BOARD vs. NORRIS L. BARKER, 83-001111 (1983)
SCHOOL BOARD OF DADE COUNTY vs. CAROLYN T. SMITH, 83-001111 (1983)
SCHOOL BOARD OF DADE COUNTY vs. RAPHU S. WILLIAMS, 83-001111 (1983)
GENE A. STARR vs. HAMILTON COUNTY SCHOOL BOARD, 83-001111 (1983)
