STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BETTY CASTOR, as )

Commissioner of Education, )

)

Petitioner, )

)

vs. ) CASE No. 91-3991

)

ROBERT M. DODD, JR., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a formal hearing in the above- styled case on October 9, 1991, at Tampa, Florida.

APPEARANCES

For Petitioner: Robert J. Boyd, Esquire

352 Florida Education Center

325 West Gaines Street Tallahassee, Florida 32399 0400

For Respondent: Not present or represented.

STATEMENT OF THE ISSUES

Whether Respondent is guilty of immorality and unprofessional conduct as is more specifically alleged in the Administrative Complaint dated February 25, 1991.

PRELIMINARY STATEMENT

By Administrative Complaint dated February 25, 1991, the Commissioner of Education, Petitioner, seeks to revoke, suspend, or otherwise discipline the teaching certificate of Robert M. Dodd, Jr. As grounds therefor it is alleged that while employed as a teacher at Zephyrhills High School during the 1984-1985 school year Respondent engaged in sexual intercourse with a named high school student on several occasions, purchased alcoholic beverages for her consumption, and told her to lie to school board officials about their relationship. It is further alleged in paragraph 4. of the Administrative Complaint that during the spring of 1990 Respondent engaged in unprofessional and inappropriate relations with another minor female student S.W.

These acts are alleged to constitute gross immorality; unprofessional conduct and personal conduct which seriously reduces his effectiveness as an employee of the school board; acts demonstrating a failure to make reasonable efforts to protect the student from conditions harmful to learning, in violation of Rule 6B-1.006(3)(a), Florida Administrative Code; acts demonstrating that

Respondent intentionally exposed students to unnecessary embarrassment or disparagement in violation of Rule 6B-1.006(3)(e), Florida Administrative Code; and acts showing that Respondent exploited his professional relationship with students for personal gain or advantage in violation of Rule 6B-1.006(3)(h), Florida Administrative Code.

The notice of hearing was mailed to Respondent's last known address and was not returned as undelivered. This hearing was scheduled to commence at 9:00

1. After waiting an appropriate period for Respondent to appear, the hearing was called to order. Thereafter, Petitioner called three witnesses and two exhibits were admitted into evidence. No evidence was presented regarding the allegations made in paragraph 4. of the Administrative Complaint involving student S.W. At the conclusion of the hearing Petitioner waived the right to submit a proposed recommended order.

   
   

   Having considered the evidence presented, I submit the following: FINDINGS OF FACT

   1. At all times relevant hereto, Robert M. Dodd, Jr. held certificate 362977 covering the areas of building construction (Exhibit 1) and was employed as a teacher at Zephyrhills High School in Pasco County, Florida.

      
      

   2. During the school year 1984-1985, M.D.R., an 18-year old female, was a student at Zephyrhills High School who had known Respondent as her boyfriend's track coach the year before while she was a junior in high school.

      
      

   3. During the Christmas holidays in 1984 M.D.R. went to "Nicks" with her girlfriend and there met Respondent who asked her to dance. He later drove her home that evening.

      
      

   4. Subsequent thereto, after school had restarted, Respondent took M.D.R. to a tractor pull.

      
      

   5. Later Respondent took M.D.R. to dinner at the Red Lobster and bought her alcoholic beverages. Following dinner they went to the school and went into Respondent's portable at school where Respondent disrobed her and they had sexual intercourse.

      
      

   6. Following this Respondent took M.D.R. to soccer games and after the game they frequently returned to the portable and had intercourse. During this period M.D.R. estimated they had intercourse 25 times.

      
      

   7. The fact that Respondent was being seen in the company of M.D.R. caused the latter some embarrassment because other students looked at her as an immoral person. However, M.D.R. believed she was in love with Respondent and that he would divorce his wife and marry her.

      
      

   8. At one time M.D.R. advised another teacher at Zephyrhills High School about her relationship with Respondent. However, when school authorities questioned M.D.R. about this relationship, at Respondent's request, she denied any improper relationship with Respondent.

      
      

   9. M.D.R. ultimately confided in her mother that she was engaged in an intimate relationship with the Respondent. Her mother advised M.D.R. that Respondent was just using her and that he was unlikely to divorce his wife and marry M.D.R.

   10. As the heat on Respondent from the school system increased, he proposed to M.D.R. that she transfer to a school outside Zephyrhills and he would pay the rent for an apartment in which she could live for her final few months in high school. She did not transfer.

       
       

   11. On one occasion while still in school M.D.R., went to Gainesville with Respondent to attend the wedding of a friend of Respondent. While in Gainesville she and Respondent occupied the same motel room for two nights.

       
       

       CONCLUSIONS OF LAW

       
       

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

   13. Section 231.36(4)(c), Florida Statutes, provides in pertinent part: Any member . . . of the instructional staff

       . . . who is under continuing contract may be

       suspended or dismissed at any time during the school year; however, the charges must be based

       on immorality, misconduct in office, incompetence, gross insubordination, willful neglect of duty, drunkenness, or conviction of a crime involving moral turpitude.

       
       

   14. Rule 6B-4.008, Florida Administrative Code, provides in pertinent part:

       
       

       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.

       
       

       (3) Misconduct in office is defined as a violation of the Code of Ethics of the Education Professional

       as adopted in Rule 6B-1.001, F.A.C. and the Principles of Professional Conduct for the Education Profession in Florida as adopted in Rule 6B-1.006, F.A.C., which is so serious as to impair the individual's effectiveness in the school system.

       
       

   15. Section 6B-1.006, Florida Administrative Code, provides that violation of rules contained therein shall subject the individual to revocation or suspension of the individual teacher's certificate. Those provisions include the teacher:

       
       

       1. Shall make reasonable effort to protect the student from conditions harmful to learning or health or safety.

          
          

          (e) Shall not intentionally expose a student to unnecessary embarrassment or disparagement.

          (h) Shall not exploit a professional relationship for personal gain or advantage.

          
          

   16. By having sexual relations with a student a teacher is guilty of immorality and misconduct in office as above defined. Further, this conduct constitutes a failure to protect the student from conditions harmful to learning or health or safety, exposes the student to unnecessary embarrassment or disparagement, and constitutes exploitation of the professional relationship for personal gain or advantage. Such conduct perforce seriously impairs the effectiveness of the teacher in the school system.

       
       

   17. Here the Petitioner has the burden of proving the allegations by clear and convincing evidence. Ferris v. Turlington, 510 So.2d 292 (Fla. 1987). That burden was clearly met by the testimony of the student victim of Respondent's actions.

       
       

   18. From the foregoing, it is concluded that Respondent engaged in sexual activities with a minor female student and purchased alcoholic beverages for her consumption. This constitutes immorality and misconduct in office in violation of Section 231.36(4)(c), Florida Statutes.

RECOMMENDATION

Accordingly, it is

RECOMMENDED that a final order be entered permanently revoking the Florida teaching certificate of Robert M. Dodd, Jr.

DONE and ENTERED this 14th day of October, 1991, in Tallahassee, Leon County, Florida.

K. N. AYERS Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904)488-9675

Filed with the Clerk of the

Division of Administrative Hearings this 14th day of October, 1991.

Copies furnished:

Robert J. Boyd, Esquire

352 Florida Education Center

325 West Gaines Street Tallahassee, Florida 32399 0400

Robert M. Dodd

38124 Townview Avenue #106

Zephyrhills, Florida 33540

Jerry Moore, Administrator Professional Practices Services

325 Florida Education Center

325 West Gaines Street Tallahassee, Florida 32399 0400

Karen B. Wilde, Executive Director Education Practices Commission

301 Florida Education Center

325 West Gaines Street Tallahassee, Florida 32399 0400

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS:

All parties have the right to submit written exceptions to this Recommended Order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 91-003991

Orders for Case No: 91-003991