vs. ) CASE NO. 87-5134
Respondent. )
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William J. Kendrick, held a formal hearing in the above-styled case on September 8, 1988, in West Palm Beach, Florida.
For Petitioner: Betty J. Steffens, Esquire
Nabors, Giblin, Steffens, Nickerson, P.A.
For Respondent: Thomas L. Rolle, Esquire
Cassidy & Rolle, P.A. Post Office Box 1164
At issue in this proceeding is whether respondent committed the offenses alleged in the administrative complaint and, if so, whether his teaching certificate should be revoked or otherwise disciplined.
At hearing, petitioner offered the testimony of Michele M. Carpenter and Kathy M. Carpenter, and its exhibits 1-7 and 9-14 were received into evidence. The respondent testified on his own behalf, but offered no exhibits.
The transcript of hearing was filed September 30, 1988, and the parties were granted leave until October 10, 1988, to file proposed findings of fact. Petitioner elected to file proposed findings and they have been addressed in the appendix to this recommended order.
At all times material hereto, respondent, Arthur Scott (Scott), has been certified by petitioner, Department of Education (Department), to teach
physical education at the elementary and secondary levels. Currently, Scott holds teachers certificate number 139662.
Scott was born May 31, 1934, and graduated from the University of Alabama in 1960 with a master's degree in physical education. He has taught in the State of Florida since 1963, and has been continuously employed as a physical education teacher at Palm Beach Gardens High School for the past 20 years. There is no suggestion that Scott has previously been the subject of any disciplinary action.
The 1985-86 school year
During the 1985-86 school year, Michele Carpenter, born January 2, 1968, was a senior at Palm Beach Gardens High School. In the second semester of her senior year, Michele attended five classes in the morning, had a lunch break, and then attended one additional class. Following her last class, Michele participated in a school work program, Future Business Leaders of America, by working as a secretary/receptionist at the Northside YMCA from 1:00
p.m. to 4:00 or 5:00 p.m. each school day.
During the course of her second semester, Michele regularly spent her lunch break on the steps of a portable that adjoined the school's tennis courts. It was during this period that Scott taught tennis.
While Michele had known Scott from a physical education class she had taken during the summer of her freshman year, she had no further contact with him until approximately March 1986. At that time, for some inexplicable reason, she and Scott began to exchange courtesies as she walked past the tennis courts from her lunch break at the portable to her last class.
The courtesies exchanged between Michele and Scott progressed to the point that she would routinely stop at the tennis courts for 5-10 minutes on the way to her last class and speak with Scott. Over the course of time, their discussions covered a diverse array of subjects, including her satisfaction/dissatisfaction with school, her parental problems, and his work. Eventually, a feeling of confidence developed between the two.
While nothing untoward appeared at the inception of their relationship, the proof is compelling that Scott shortly desired a relationship different than that which existed, and began to pursue Michele as a suitor.
Prior to the conclusion of Michele's classes on May 15, 1986, Scott employed Michele to type two exams and his personal will. During the course of typing the will, Scott confided to Michele that he was in the process of a divorce, that his sex life was poor, and that his relationship with his sons was deteriorating.
During this same time period, Scott took to leaving notes on the windshield of Michele's car at school and at the YMCA. One such note read in part:
Sometimes, I get the feeling that
you might think that I am ashamed to be seen with you--that I might worry about what people might think. WRONG, I am very very proud to be with you. I hope that you are not ashamed to be seen with
an older guy. I hope very much that you will give me a chance after I solve my problems. I wish that you would give me some kind of HOPE (just a glimmer) to keep my hope alive.
Further, Scott telephoned Michele at home to continue discussions they had at school, and in one instance obtained an unlisted telephone number of a home Michele was house sitting to speak with her.
While Scott was persistent in his efforts to cultivate a more familiar relationship with Michele, he did not, during this time period or at any other time, make any physical or sexual advances towards her or touch her in an inappropriate manner.
The summer of 1986
Following her graduation from Palm Beach Gardens High School on June 8, 1986, Michele continued her employment at the Northside YMCA, but in a different position. From June 15, 1986, until her departure for Stetson University in DeLand, Florida, in the fall of 1986, Michele was employed at the YMCA as a camp counselor, and declined any further requests from Scott to type for him.
Scott's pursuit of Michele following her graduation did not, however, slacken. He continued to leave notes on her car which professed his need to see her, telephoned her at home and the "Y", and occasionally followed her home from work in his car. On one such occasion, Michele pulled to the side of the road to see what Scott wanted, and was presented with a gift of gold earrings. While Michele attempted to reject the offer, Scott insisted she take the earrings and Michele reluctantly accepted.
During the remainder of the summer, Scott continued to leave notes or poems on Michele's car and to telephone her. Michele, now perceiving Scott's attentions a "bother" asked him not to call or to limit his calls. In response to Scott's offer to give her a typewriter and car, Michele declined.
Scott persisted, however, and later in the summer telephoned Michele at the "Y" and asked her to meet him at the courthouse, a place they had met previously. Michele declined, but surmising that Scott would be at the courthouse, she asked a young man at the "Y" to pose as a boyfriend, follow her home, and tell Scott to leave her alone.
When Michele drove home, her route took her past the courthouse and Scott followed. Upon arrival at her home, Michele moved into the young man's car, and he, upon the arrival of Scott, told Scott to leave Michele alone.
Following this incident, Michele confided to her mother the notes and poems Scott had left on her car, as well as his having followed her. In response to this, Michele's mother telephoned Scott, before Michele left for Stetson University, and admonished him not to contact her daughter again. Michele's mother also filed a complaint with the Palm Beach County School Board which, by letter of October 10, 1986, formally reprimanded Scott and admonished him to immediately cease all communication with Michele.
Notwithstanding her mother's admonishment not to contact Michele again, Scott telephoned Michele at Stetson University shortly after her arrival,
but was rebuffed in response to that telephone conversation, Scott posted a letter to Michele on September 2, 1986, which read:
Dear Michele,
I am sorry that I called you the
other night and pushed myself onto you. I thought that you were trying to do what your mother told you to do. It was not your mother's wishes at all but yours. I wondered how she got my telephone number. I tried to tell you that I had already mailed you a memento of our friendship. I hope you keep it and think of the pleasant talks that we had together. I do not want it back because I don't want to see anything that would remind me of you. I don't want it back not because I am angry at you or dislike you but because my heart is broken. I see enough each day to break my heart over and over again. The steps on the portable, the "Y", the halls at school where we met, the gym, the parking lot, and all the places along the road. So please don't send it back to me.
I don't blame you for your decision that you have made but I wish you had told me sooner so I would not have up- set you. I did not want to become your enemy but I wanted to stay your friend.
I will not call you or write you
any more not because I am afraid of the police, your mother, losing my job, or anything else but because you ask me as a friend.
The very best of luck to you as always.
Your friend Mr. "C"
P.S. I have never lied to you. I was not following you. After I saw you in the alley the other night, I did go by your boy friend's house when you dropped him off. I was trying to meet with you to say good bye to you because I knew that you were leaving the next day. Please let me know if you will stay my friend.
The memento referred to in Scott's letter of September 2, 1986, was a stuffed bear with a jacket that bore the phrase "I Love You".
Following the letter of September 2, 1986, Michele received no further contact from Scott until December 8, 1986, when he again called her at Stetson University. Michele told Scott she did not wish to speak with him again or she would call the police. Upon hanging up, Michele called the campus police. When Scott called her back that night Michele informed him she had called the police, and Scott has since made no further calls to her.
Except for a chance meeting in June 1987, Scott has had no further contact with Michele since December 8, 1986.
Scott`s explanation
Notwithstanding the clear import of his actions, Scott maintains that there was no romantic or improper motivation on his part, and that his only intention was to "counsel" a troubled student/friend. In view of the proof, Scott's testimony is not credited.
Summary
The proof is clear and convincing that while Michele was a student at Palm Beach Gardens High School a feeling of confidence developed between she and Scott. Scott desired, however, more to their relationship and, even prior to her graduation, started to pursue her for more personal reasons. Under such circumstances, Scott's conduct constituted an exploitation of his personal relationship with a student for his own gain or advantage.
While the proof supports the conclusion that Scott exploited a professional relationship with a student and continued to exploit that relationship after her graduation for his own gain or advantage, it does not demonstrate that he intentionally exposed a student to unnecessary embarrassment or disparagement or that he failed to protect a student from conditions harmful to learning or to health or safety.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of, these proceedings.
By administrative complaint dated September 30, 1987, the Department contends that Scott violated the provisions of Section 231.28(1), Florida Statutes, and Rule 6B-1.006(3)(a), (e), and (h), Florida Administrative Code, by his conduct toward Michele Carpenter.
Pertinent to this case, Section 231.28(1), Florida Statutes, provides:
The Education Practices Commission shall have authority to suspend the
teaching certificate of any person. . . for a period of time not to exceed 3 years, thereby denying that person the right to teach for that period of time, after
which the holder may return to teaching as provided in subsection (4); to revoke the teaching certificate of any person, thereby denying that person the right to teach for a period of time not to exceed
10 years, with reinstatement subject to
the provisions of subsection (4); to revoke permanently the teaching certificate of any person; or to impose any other penalty provided by law, provided it can be shown that such person:
* * *
(h) Has otherwise violated the provisions of law or rules of the State Board of Education, the penalty for which is the revocation of the teaching certificate.
Rule 6B-1.006, Florida Administrative code, of the State Board of Education provides:
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 Florida 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.
* * *
(e) Shall not intentionally expose
a student to unnecessary embarrassment or disparagement.
* * *
(h) Shall not exploit a
professional relationship with a student for personal gain or advantage.
As heretofore found in the findings of fact, the proof is clear and convincing that Scott exploited a professional relationship with a student, Michele Carpenter, and continued to exploit that relationship after her graduation for personal gain or advantage in violation of Rule 6B-1.006(3)(h), Florida Administrative Code. The proof failed, however, to establish that Scott failed to make a reasonable effort to protect the student from conditions harmful to learning or to health or safety, or that he intentionally exposed the student to unnecessary embarrassment or disparagement as prescribed by Rule 6B- 1.006(3)(a) and (e), Florida Administrative Code.
Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered finding respondent, Arthur Scott,
guilty of exploiting a professional relationship with a student for personal gain or advantage, reprimanding him for his conduct and placing him on a three year term of probation subject to such terms and conditions as the Department deems appropriate.
DONE AND ENTERED in Tallahassee, Leon County, Florida, this 21st day of October, 1988.
WILLIAM J. KENDRICK
Filed with the clerk of the Division of Administrative Hearings this 21st day of October, 1988.
7-14. Addressed in paragraphs 7-15, otherwise rejected as not a finding of fact or not material.
15. Addressed in paragraphs 5-7, 11, 13-18 and 19. 16-17. Addressed in paragraph 13 and 16.
26-27. Addressed in paragraph 21.
28. Addressed in paragraph 7-9. 29-30. Addressed in paragraph.
Betty J. Steffens, Esquire Nabors, Giblin, Steffens,
& Nickerson, P.A. Post Office Box 11008
Thomas L. Rolle, Esquire Cassidy & Rolle, P.A. Post Office Box 1164
Karen B. Wilde, Executive Director Education Practices Commission
