STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
PINELLAS COUNTY SCHOOL )
BOARD, )
)
Petitioner, )
vs. ) CASE No. 92-1786
)
JEROME W. JACKSON, )
)
Respondent. )
) BETTY CASTOR, as )
Commissioner of Education, )
)
Petitioner, )
vs. ) CASE No. 92-4488
)
JEROME W. JACKSON, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a formal hearing in these consolidated cases on September 16-17, 1992, in St. Petersburg, Florida.
APPEARANCES
For Petitioner Bruce P. Taylor, Esquire School Board of Post Office Box 2942 Pinellas County: Largo, Florida 34649-2942
For Petitioner Margaret E. O'Sullivan, Esquire Betty Castor: Department of Education
352 Florida Education Center
325 West Gaines Street Tallahassee, Florida 32399-0400
For Respondent: Mark Herdman, Esquire
Kelly, McKee, Herdman and Ramus, P.A. 1724 East 7th Avenue
Post Office Box 75638 Tampa, Florida 33675-0638
STATEMENT OF THE ISSUES
Whether Respondent's teaching certificate should be disciplined by Petitioner, the Education Practices Commission and whether Respondent should be dismissed as an instructional employee from the Pinellas County School Board based on allegations set forth in the administrative complaint filed herein and
the charges and amended notice of charges filed herein by the School Board by letters dated March 5 and July 8, 1992.
PRELIMINARY STATEMENT
Petitioner, Betty Castor, as Commissioner of Education, on behalf of the Education Practices Commission (herein EPC or Commissioner) filed an administrative complaint against Respondent, Jerome Jackson, alleging that Respondent violated the provisions of Section 231.28, Florida Statutes and Rule 6B-1.006, Florida Administrative Code. Specifically, the EPC alleged that Respondent had been guilty of gross immorality or an act of moral turpitude; had been found guilty of personal conduct which seriously reduced his effectiveness as an employee of the School Board; violated the provisions of law or rules of the State Board of Education, the penalty for which is the revocation of his teaching certificate; failed to make a reasonable effort to protect students from conditions harmful to learning or health or safety; intentionally exposed students to unnecessary embarrassment or disparagement; used his institutional privileges for personal gain or advantage; and failed to comply with the conditions of an order of the EPC imposing probation, a fine and restricting the authorized scope of practice.
Respondent contested the charges and requested a formal hearing and on July 23, 1992, the matter was forwarded to the Division of Administrative Hearings.
By letter dated March 5, 1992 and amended July 8, 1992, the Pinellas County Superintendent of Schools notified Respondent of his recommendation that he be dismissed pursuant to Section 231.36, Florida Statutes. Upon motion of Petitioner EPC, these cases were consolidated.
Petitioner's presented the testimony of 39 witnesses and offered 32 exhibits which were received in evidence. Respondent presented two witnesses, testified on his own behalf and offered ten exhibits which were received in evidence.
The parties filed proposed recommended orders which were considered in preparation of this recommended order. Proposed findings which are not incorporated herein are the subject of specific rulings in an appendix. 1/
FINDINGS OF FACT
Respondent currently holds Florida teaching certificate No. 179606, covering the areas of administration and supervision, elementary education, french, spanish, special learning disabilities and varying exceptionalities. That certificate is valid through June 30, 1996.
Respondent has been employed as a teacher by the Pinellas County School Board at Lealman Comprehensive Middle School (Lealman) and Tyrone Middle School (Tyrone).
On November 5, 1976, Respondent received a letter of reprimand for striking a student with a belt.
During various times in the 1978 and 1979 school year, Respondent appeared at work with alcohol on his breath which was noticed by administrators at Lealman.
On April 30, 1987, Respondent received a letter of reprimand from Scotty East, principal at Lealman because of excessive absences and violation of school procedures. Respondent was advised to follow proper procedures for notifying the administration of his absence(s). Respondent was charged a personal day for the noted procedural infractions.
During the 1986-87 school year, Pamela Coachman and Donna Strongoski were instructors at Lealman and worked with Respondent.
Prior to and during the 1986-87 school year, Respondent made comments and inappropriate sexual advances to Pamela Coachman. Ms. Coachman rejected Respondent's advances. Respondent retaliated by making harassing and degrading comments such as calling her a "whore with champagne taste." Respondent's actions were offensive to Ms. Coachman.
Respondent made inappropriate comments to Donna Strongoski about her appearance, the tone of her voice and her marital status. Specifically, from 1986-1988, Respondent questioned Strongoski's womanhood often telling her that she was "too strong to be a woman", that she had a voice like a man and questioned why she had never been married. Strongoski was angered by Respondent's comments.
As a result of Respondent's comments to Strongoski and Coachman, they notified school administrators and district officials about his conduct. Nancy Zambeta, Director for Personnel Services, discussed the allegations with Respondent and advised him to refrain from making personal comments to colleagues and to avoid similar situations in the future.
Coachman and Strongoski met with Respondent and cautioned him that they would not tolerate his behavior. Respondent received a memorandum from Lealman's principal advising him to refrain from similar behavior of a harassing nature.
Respondent thereafter submitted his resignation but later rescinded it prior to the Board's acceptance. Respondent was permitted to return to employment as an annual contract teacher and was transferred to Tyrone.
On March 7, 1988, Lois Beacham, assistant principal at Tyrone, observed Respondent acting in an incoherent manner and detected the odor of alcohol on his breath. Ms. Beacham requested a substitute for Respondent's class and later spoke to him about changing his behavior. Beacham advised Respondent to follow procedures to indicate absences in the future.
On the same day, Tyrone's principal, Paul Brown, advised Respondent by letter not to arrive at work in an unprofessional condition (under the influence of alcohol).
On January 3, 1989, Respondent requested a day off from work whereupon Principal Brown noticed that Respondent's speech was slurred and he detected an odor of alcohol on his breath.
On January 4, 1989, Sandy Murray, secretary at Tyrone, encountered Respondent when he arrived at the office to pick up his paycheck. Ms. Murray noticed that the air "reeked of alcohol" around Respondent.
On January 6, 1989, Steve Crosby, Director of Personnel Services for Petitioner School Board, met with Respondent to discuss allegations that
Respondent reported to work under the influence of alcohol. Crosby warned Respondent that such conduct constituted poor judgment and misconduct in office and would not be tolerated by the Board.
On January 25, 1989, Respondent entered into a stipulation with the Board agreeing to accept a three-day suspension without pay for reporting to work under the influence of alcohol.
On April 17, 1989, Respondent encountered teachers Barbara Skatzka and Evelyn Villazon in a school hallway. Respondent improperly touched Ms. Skatzka's pants and commented that he had seen a lesbian who wore similar clothing. Respondent commented upon the fact that Ms. Skatzka was divorced, asked her if she was a lesbian and asked her if she had a man in her life. Such comments caused Ms. Skatzka to feel uncomfortable.
On April 19, 1989, Charles Einsel, the Director of Personnel Services, met with Respondent to discuss the allegations. On April 25, 1989, School Superintendent Scott Rose issued a letter of reprimand to Respondent for the referenced unprofessional conduct.
On June 7, 1989, Commissioner Castor filed an administrative complaint against Respondent. The complaint alleged several incidents including one that Respondent reported to work under the influence of alcohol, made improper comments to colleagues, used inappropriate corporal punishment and made improper comments to a student.
On January 3, 1990, Commissioner Castor and Respondent entered into a settlement agreement to resolve the charges. The EPC accepted the settlement in its final order of February 26, 1990 (EPC Case No. 89-092-RT[PE4]).
The agreement included the following provisions:
Respondent received a letter of reprimand for the misconduct alleged.
Respondent was placed on probation for three years.
Respondent agreed to attend Alcoholics Anonymous and be subjected to random alcohol testing.
Respondent agreed to undergo psychological evaluations.
Respondent agreed to violate no law and to fully comply with all school rules, district school board regulations and rules of the State Board of Education.
On February 4, 1990, Respondent was arrested in Pinellas County and charged with driving under the influence of alcohol. He was adjudicated guilty of the DUI charge on June 29, 1990.
On February 16, 1990, Personnel Director Steve Crosby met with Respondent to discuss the arrest. Mr. Crosby subsequently issued a letter of reprimand to Respondent warning him that any future instance of poor professional judgment by him could result in his dismissal.
On or about December 20, 1990, Commissioner Castor filed a second administrative complaint against Respondent. The complaint alleged that Respondent violated the terms of his EPC probation as a result of his DUI conviction.
On May 7, 1991, Commissioner Castor and Respondent entered into a settlement agreement to resolve the charges. The EPC accepted the settlement on June 25, 1991. (Petitioner's Exhibit 5)
The May 7, 1991 agreement included the following provisions:
Respondent agreed to undergo psychological evaluations.
Respondent agreed to complete two courses in the area of classroom management and techniques of instruction.
Respondent agreed to submit to evaluation and counseling with a substance abuse program.
Respondent was placed on probation for an additional three years to begin at the expiration of his current probation which, by its terms, ends March 3, 1993.
Respondent agreed to violate no law and to fully comply with all school rules, district school board regulations and rules of the State Board of Education.
During the 1990-91 school year, Kimberly Coleman worked as a teacher's aide in a class for emotionally handicapped (EH) students taught by Barbara Day.
After one of the EH students was assigned to Respondent's class, Respondent approached Coleman to discuss the student although Ms. Day was the teacher who supervised that student's progress.
Respondent often looked at Coleman in a sexually suggestive manner and, as a result, Coleman attempted to avoid contact with Respondent whenever possible.
During the 1990-91 school year, Kenneth LeBrant, a teacher at Tyrone, while checking on plants that he planted under Respondent's classroom window, observed a student misbehave in Respondent's classroom whereupon LeBrant shouted at the student to "knock it off". At about the same time, Respondent entered his classroom, angrily belittled LeBrant and demanded that he leave his class. LeBrant felt embarrassed at being shouted at in the presence of students and returned to his classroom.
Respondent later encountered LeBrant in the faculty lounge and attempted to continue to confront LeBrant in a threatening manner. Both Respondent and LeBrant received a reprimand from the principal about their conduct in the faculty lounge.
During the 1990-91 school year, Respondent entered the teacher's lounge and called Larry Mann, a "judaist" in an angry manner.
Respondent used profanity in his classroom during the 1991-92 school year. Specifically, on occasion he called his class a "bunch of motherfuckers" and "you white motherfuckers". On one occasion while students prepared to leave his class, Respondent said "so long, motherfuckers".
Respondent also directed profanity at specific students in his classroom. On occasion, Respondent's students heard him shout at students the words "dumb motherfucker", "asshole", "fuck off", "bitch" and "dumb bitch". On one occasion, Janet Masciotra, a teacher at Tyrone, entered Respondent's classroom while he yelled at an African American male student "you dumb nigger". Ms. Masciotra was surprised at Respondent's language and left the room without Respondent having observed her.
Throughout the period, Respondent yelled similar disparaging remarks to students who wanted to make up homework after being ill and absent from class.
Respondent often times made disparaging comments to students concerning their ability to learn and referred to students as "retarded" and "EH".
On numerous occasions, Respondent slept in class by putting his feet on his desk, leaning back in his chair and closing his eyes. Respondent engaged in such behavior for varying lengths of time and while so doing, his class was most often not engaged in any school related or other meaningful activity.
Respondent on occasion drank mouthwash from a bottle in the presence of students. Also, during this period Respondent often asked students in his class for gum and breath mints. When he did so, students complained of smelling alcohol on his breath.
During this period, Respondent also left his classroom for varying periods of time leaving students unsupervised and left school grounds during the day.
Respondent was familiar with the rules and procedures in effect at Tyrone Middle School and was aware of the expected hours for instructional employees to be on campus. Respondent was often late to school and was absent without following the proper procedures of notifying the school administration. On one occasion, the school resource police officers covered Respondent's classroom during his absence.
Respondent's tardiness and absences during the school day meant that other staff members had to open Respondent's classroom and supervise his students.
Students and parents expressed concern throughout the 1991-92 school year that Respondent was not properly teaching his classes and that he did not assign enough work. One student asked to withdraw from his class because "nothing was really happening".
Other parents expressed concern about the Respondent's use of profanity in class. One student, P.K., went home after Respondent used inappropriate language. P.K. became upset to the point of crying while telling her mother what Respondent said. P.K.'s mother was offended by Respondent's conduct.
During the 1991-92 school year, Respondent engaged in inappropriate conduct toward Bennie Smith, a teacher at Tyrone. Respondent's comments to Ms. Smith included attempting to solicit her to have an affair with him. Ms. Smith told Respondent that she was married and tried to avoid further contact with Respondent.
During the spring semester of 1992, Smith rushed down a hallway in order to make "dittos" for her class. Respondent called to Ms. Smith and she slowed down. Respondent caught up with Ms. Smith and brushed his genital area against her buttocks.
Later in the semester, Smith and Mark Benson, another instructional employee, walked down a school corridor on the way to a meeting. Respondent, who was walking behind them, reached forward and grabbed Ms. Smith's buttocks. Because the incident happened in the proximity of students and other teachers, Ms. Smith did not confront Respondent however she later made Respondent's conduct known to administrative officials.
Mark Benson observed Respondent's hand move toward Ms. Smith's buttocks and later discussed it with Smith.
Josephine Trubia worked as an aide in Barbara Day's EH classroom during the 1991-92 school year.
Respondent made comments about Trubia to Kimberly Coleman, the sister- in-law of Josephine Trubia. Respondent told Coleman that Trubia was a "sixties kind of woman" that "walked like she was going places". When Coleman told Respondent that Trubia was her sister-in-law, and that her husband was a police officer, Respondent backed off.
Respondent made compliments to Trubia about her appearance and attire which Trubia found to be sexually suggestive.
Specifically, on one occasion, Trubia went to Respondent's classroom with a student to retrieve the student's make-up work. Respondent made comments about her appearance and asked her if she would wear her black skirt and pantyhose. Respondent further asked Trubia to date him and go with him (on a date) to Tampa.
Trubia declined Respondent's advances although he continued to make suggestions that they go on a date and on one occasion backed Trubia toward a wall in his classroom. Trubia returned to her classroom whereupon teacher's aide Ronnell McDaniel noticed that she was visibly upset and nervous. Trubia confided to Ms. McDaniel that Respondent had made comments about her appearance and cornered her in his classroom.
The following day, Trubia reported the incident to Barbara Day and expressed concerns about Respondent. Ms. Day advised Trubia to discuss the incident with the school's administration.
Trubia resigned and found employment elsewhere. Respondent's actions made Trubia feel uncomfortable and was a factor in causing her to leave her employment at Tyrone.
During the 1991-92 school year, Respondent was a member of an academic team with three other teachers.
In January 1992, Respondent met with the three academic team members in the teacher's lounge. Respondent appeared incoherent and spoke in a disjointed fashion. Respondent became agitated and accused the team members of "playing games". He further threatened them by remarking that things were going to get physical.
Respondent's actions caused the team members to feel upset and uncomfortable causing one team member to start locking her classroom door after school.
On February 20, 1992, while walking behind several teachers including Jim Joyer, David Blacuk and Richard Bessey, Respondent was heard to use profanity. On another occasion, Blacuk walked down a school corridor when Respondent stepped out of his room and used profanity such as "motherfucker" and "son-of-a-bitch" in the presence of Blacuk and other students.
During a faculty meeting held in the media center after school, Respondent became visibly agitated while Blacuk spoke. Respondent stood up and stated "bullshit. This is bullshit" in a tone loud enough to be heard by everyone in the room.
Carolyn Chester was employed as an aide at the media center during the 1991-92 school year. On a Monday morning in January, Ms. Chester went to Respondent's classroom to retrieve some video equipment. Ms. Chester encountered Respondent outside his classroom door as he approached from the parking lot. Respondent angrily told Chester not to play games with him and shouted that he did not have the equipment.
Ms. Chester returned to the media center and told media specialist Sheila Chaki about the incident. A few minutes later, Respondent entered the media center and again spoke to Chester in a loud and angry manner.
Respondent had also became upset about the S.O.S. table which was set up in the media center with self-help books for students. Respondent threw down a flier about the S.O.S. table and stated "this is bullshit, too".
Respondent's conduct in the media center was observed and heard by Ms. Chaki and several students who were present.
During the 1991-92 school year, staff members detected the odor of alcohol on Respondent's breath.
Article XVI, Section E of the agreement between the School Board and the Pinellas County Teachers Association provides that "teachers are to treat other employees of the system in a professional manner at all times".
According to Miller, the principal at Tyrone, Respondent's sexually offensive actions and confrontational conduct caused morale problems among some staff members at Tyrone.
Respondent's use of profanity directed toward students and his sleeping while in the classroom undermined the confidence of parents and caused a disruption in the educational process.
Doctor Howard Hensley, superintendent of schools for Pinellas County, and who was qualified as an expert in the area of education and education administration, testified as to the manner in which Respondent's conduct reduced his effectiveness as an instructional employee.
The Pinellas School Board expects its instructional employees to be role models and to avoid the use of profane language as it fails to set a proper example as role models for students.
The use of racial epitaphs and derogatory comments are also counter- productive to Pinellas County School Board's policies and its attempts to promote cultural diversity and tolerance among its students.
Likewise, vulgar language directed toward other members of the school staff is unacceptable in that it harms the ability of staff members to work together cooperatively. Inappropriate and threatening comments reduce the effectiveness of the person making the comments and adversely affect staff morale.
The Pinellas County School District intends that all employees feel comfortable in their work places and that they be free from sexual harassment and confrontational conduct from its fellow employees. Sexual harassment of staff members violates this intention and possibly subjects the district to legal liability.
Sleeping in class violates the School Board's expectations that its teachers supervise and set a good example for students.
Vulgar language directed towards students violates the expectations of the Pinellas School District in that it sets a poor example for students and reduces that teacher's effectiveness.
Individual ridiculing of a student by the use of profane or disparaging comments subject the students to embarrassment. 2/
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the subject matter of and the parties to this proceeding pursuant to Section 120.57(1), Florida Statutes.
The parties were duly noticed pursuant to Chapter 120, Florida Statutes.
The authority of the Petitioners is derived from Chapters 231, Florida Statutes. The Petitioners have the burden of proof in this proceeding. The Petitioner, EPC's proof must be supported by evidence which is clear and convincing. See, Ferris v. Turlington, 510 So.2d 292 (Fla. 1987). The Petitioner Board's proof must be supported by a preponderance of the evidence.
The Education Practices Commission is the final agency with regard to the imposition of discipline and penalties against a teaching certificate. Sections 231.261, 231.262 and 231.28, Florida Statutes. See also, Section 120.52(1)(c), Florida Statutes.
Section 231.28, Florida Statutes, provides in pertinent part that:
The Education Practices Commission shall have authority to suspend a teaching certificate of any person as defined in s. 228.041(9) or (10) for a period of time not to exceed three 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 ten 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:
* * *
(c) has been guilty of gross immorality or an act of moral turpitude.
* * *
(f) has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board.
* * *
(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(3), Florida Administrative Code, provides, in pertinent part, that:
Obligation to the student requires that the individual:
(a) 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.
Rule 6B-1.006(4), Florida Administrative Code provides, in pertinent part, that:
Obligation to the public requires that the individual:
(c) shall not use institutional privileges for personal gain or advantage.
Rule 6B-1.006(5), Florida Administrative Code provides, in pertinent part, that:
Obligation to the profession of education requires that the individual:
(o) shall comply with the conditions of the order of the Education Practices Commission imposing probation, imposing a fine or restricting the authorized scope of practice.
Petitioner EPC has proven, by clear and convincing evidence, that Respondent, Jerome W. Jackson, has been guilty of gross immorality or an act involving moral turpitude within the purview of Subsection 231.28(1)(c), Florida Statutes. "Immorality" and "moral turpitude" are defined in the following manner in Rule 6B-4.009(6)(2), Florida Administrative Code as follows:
(2) 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 individuals service to the community.
* * *
(6) Moral turpitude is a crime that is evidenced by an act of baseness, vileness or depravity in the private and social duties, which, according to the accepted standards of the time a man owes to his or her fellow man or to society in general, and the doing of the act itself and not as prohibition by statutes fixes the moral turpitude.
Rule 6B-4.009, Florida Administrative Code was promulgated under Section 231.46, Florida Statutes, as a guideline to a district in dismissal proceedings. Its passage provides guidance as to the general view of immorality and moral turpitude.
Respondent's repeated sexual comments and advances toward female staff members and his confrontations and threats deprived his coworkers of the high moral expectations of an educator. expectation. The use of profanity towards students and staff, the appearance of intoxication and other disruptive conduct further supports the finding of immorality. Respondent's lack of professionalism was a gross violation of community standards. His conduct brought the teaching profession into question, as evidenced by the concerns expressed by parents.
Teachers are charged by Sections 231.09 and 231.28(1), Florida Statutes, with providing leadership and maintaining effectiveness as teachers. By virtue of their leadership capacity, teachers are traditionally held to a high moral standard in the community. See Adams v. State Professional Practices Council, 406 So.2d 1170 (Fla. 1st DCA, 1981). Respondent's lack of effectiveness and professionalism fell below the leadership and effectiveness expectations of teachers.
Petitioner Education Practices Commission has proven, by clear and convincing evidence, that Respondent has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the School Board within the purview of Subsection 231.28(1)(f), Florida Statutes.
Respondent's pattern of persistent conduct reduced his effectiveness as a teacher. Specifically, his actions had a detrimental effect upon his students, set a poor example and harmed the professional work environment at Tyrone Middle School. The conduct ran counter to the School Board's policies and procedures and did not project the type of image of professionalism and competence to the school community that the School Board of Pinellas County strives to direct and expects of its instructional employees. Likewise, Respondent's sexual harassment of female employees, threats, profanity and abusive behavior caused concern and disruption among Tyrone's staff.
Respondent's actions have been repeated and were not isolated despite numerous advisories, warnings, reprimands, and complaints. Such conduct, after a clear warning and chance to improve, clearly evidences a serious breach of his responsibility to the Pinellas County School District.
Likewise, Respondent's conduct, as referenced herein, also evidences violations of the provisions of law or rules of the State Board of Education,
the penalty for which is revocation of his teaching certificate. See Subsection 231.28(1)(h), Florida Statutes.
Petitioners have also demonstrated that Respondent failed to make a reasonable effort to protect his students from conditions harmful to their learning, health or safety in violation of Rule 6B-1.006(3)(a), Florida Administrative Code.
Respondent's use of profanity, racial epitaphs, and subjecting students to inappropriate language, his absences and sleeping during class time while leaving students unsupervised, all demonstrates the inappropriateness of his conduct.
Petitioners also demonstrated, by clear and convincing evidence, that Respondent intentionally exposed students to unnecessary embarrassment or disparagement in violation of Rule 6B-1.006(3)(e), Florida Administrative Code. Respondent's use of derogatory comments about students' emotional and learning handicaps, harassment of students and use of profane language while in the presence of others caused one parent to report his conduct to administration officials.
Respondent took advantage of his position as a school board employee to sexually harass female employees within the purview of Rule 6B-1.006(4)(c), Florida Administrative Code.
Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that:
Petitioner, Pinellas County School Board, enter a Final Order terminating the professional service contract between Respondent Jerome W. Jackson and the School Board of Pinellas County, Florida.
Petitioner, Betty Castor as Commissioner of Education, the Education Practices Commission, enter a Final Order revoking Respondent's teaching certificate for a period of seven (7) years to be followed by a three (3) year period of probation with the Education Practices Commission upon his recertification following the period of revocation. The terms of the probation shall include the requirement that Respondent follow such terms and conditions imposed by the Education Practices Commission.
DONE and ENTERED this 7th day of December, 1992, at Tallahassee, Florida.
JAMES E. BRADWELL
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 7th day of December, 1992.
ENDNOTES
1/ Petitioner, Betty Castor's proposed recommended order is substantially adopted herein.
2/ Respondent denied that he engaged in any of the alleged improper conduct and maintains that he was subjected to racial attacks and innuendos by the Board's staff. Respondent advanced no theory or other motivation for his student's testifying as they did. Likewise, Respondent offered no reason why the Board's staff would appear and testify as they did and as reflected in the findings herein. While there were minor inconsistencies in the testimony of the numerous student and administrative staff witnesses, in the main, their testimony was credible and is worthy of belief. Accordingly, to the extent that Respondent's denials conflict with the findings herein, his denials are rejected. Finally, Respondent's contention that he was subjected to racial attacks by his colleagues offers no excuse for the repeated infractions of the Board's rules and regulations and his repeated violations of his statutory obligations as a role model and teacher in the Pinellas County School System.
APPENDIX
Rulings on Petitioner, Pinellas County School Board's Proposed Recommended Order:
Paragraph 12, rejected, unnecessary. Paragraph 24, rejected, unnecessary. Paragraph 26, rejected, unnecessary.
Rulings on Petitioner, Betty Castor's Proposed Findings of Fact:
Paragraph 21, adopted as modified, Paragraph 20, Recommended Order. Paragraph 32, adopted as modified, Paragraph 30, Recommended Order. Paragraph 33, rejected, unnecessary.
Paragraph 41, adopted as modified, Paragraph 36, Recommended Order. Paragraph 42, rejected, unnecessary.
Paragraph 44, rejected, irrelevant and unnecessary.
Paragraph 48, adopted as modified, Paragraph 41, Recommended Order. Rulings on Respondent's Proposed Findings of Fact:
Paragraph 3, rejected, contrary to the greater weight of evidence, Paragraphs 33-65, Recommended Order.
Paragraph 4, rejected, contrary to the greater weight of evidence, Paragraphs 33-65, Recommended Order.
Paragraph 5, rejected, unnecessary.
Paragraph 6, rejected, contrary to the greater weight of evidence and/or argument.
Paragraph 7, rejected, contrary to the greater weight of evidence and/or argument.
Paragraph 8, rejected, contrary to the greater weight of evidence, Paragraph 50, Recommended Order.
Paragraph 9, rejected, contrary to the greater weight of evidence, Paragraphs 51-55, Recommended Order.
Paragraph 10, rejected, contrary to the greater weight of evidence, Paragraphs 45-48, Recommended Order.
Paragraph 11, rejected, contrary to the greater weight of evidence and/or argument and conclusionary.
Paragraphs 12, 13 and 14, rejected, irrelevant and unnecessary.
COPIES FURNISHED:
MARGARET E O'SULLIVAN ESQ DEPARTMENT OF EDUCATION
352 FLORIDA EDUCATION CENTER
325 W GAINES ST TALLAHASSEE FL 32399 0400
BRUCE P TAYLOR ESQ SCHOOL BOARD ATTORNEY PO BOX 2942
LARGO FL 34649-2942
MARK HERDMAN ESQ
KELLY McKEE HERDMAN & RAMUS 1724 E 7TH AVE
PO BOX 75638
TAMPA FL 33675-0638
J HOWARD HINESLEY/SUPERINTENDENT PINELLAS COUNTY SCHOOL BOARD
PO BOX 2942
LARGO FL 34649 2942
KAREN B WILDE/EXECUTIVE DIRECTOR EDUCATION PRACTICES COMMISSION
301 FLORIDA EDUCATION CENTER
325 W GAINES ST TALLAHASSEE FL 32399-0400
JERRY MOORE/ADMINISTRATOR PROFESSIONAL PRACTICES SERVICES
352 FLORIDA EDUCATION CENTER
325 W GAINES ST TALLAHASSEE FL 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 consult with 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.
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AGENCY FINAL ORDER
=================================================================
BEFORE THE EDUCATION PRACTICES COMMISSION OF THE STATE OF FLORIDA
BETTY CASTOR, as
Commissioner of Education,
Petitioner,
EPC CASE NO. 91-117-RT
vs. DOAH CASE NOS. 92-1786
92-4488
JEROME W. JACKSON, EPC INDEX NO. 93-056-FOF
Respondent.
/
Respondent, JEROME W. JACKSON, holds Florida educator's certificate no.
179606. Petitioner filed an Administrative Complaint seeking suspension, revocation, permanent revocation or other disciplinary action against the certificate.
Respondent requested a formal hearing and such was held before a hearing officer of the Division of Administrative Hearings. A Recommended Order was forwarded to the Commission pursuant to Section 120.57(1), F.S., which is attached to and made a part of this Order.
A panel of the Education Practices Commission (EPC) met on May 6, 1993, in Tampa Florida, to take final agency action. Petitioner was represented by Margaret O'Sullivan, Esquire. The Respondent was neither present nor represented by counsel. The panel reviewed the entire record in the case.
The panel adopts the Findings of Fact and Conclusions of Law and Recommendation of the Recommended Order, with the exception that Finding of Fact #89 is amended to reflect that the Petitioner in this case is Betty Castor, Commissioner of Education, not the EPC, as stated in the case style (there is no competent substantial evidence supporting said recommended misidentification in the Recommended Order). Wherefore, the Respondent's Florida educator's certificate is Revoked for a period of seven (7) years. Conditions for recertification after that period of revocation are that Respondent provide written verification from a licensed psychologist, psychiatrist, or mental health counselor experienced in the treatment of substance abuse that applicant has been free of alcohol other than that prescribed for legitimate medical purposes for a period of one year prior to the time of application. Upon recertification and reemployment, Respondent shall serve a three-year period of probation during his employment as a Florida educator directly following his recertification as a Florida educator. The terms of probation shall be that upon employment in a position requiring a Florida educator's certificate, Respondent shall notify EPC immediately upon employment as an educator in any public or private school in the State of Florida; arrange for his immediate supervisor to submit performance reports to the EPC at least every three months;
submit true copies of all formal observation/evaluation forms within ten days of issuance; engage in counseling with a licensed psychologist, psychiatrist, or mental health counselor until discharged from treatment; engage in a licensed drug/alcohol treatment program and arrange for submission of quarterly reports of participation and progress in treatment; submit quarterly reports to verify regular (once weekly as a minimum) participation in Alcoholics Anonymous; do not consume, inject, or ingest any controlled substance unless prescribed or administered for legitimate medical purposes; submit to random blood and urine testing, for the purposes of ascertaining compliance with conditions of probation, at the direction of the EPC and authorize direct reporting of results to the EPC; all costs incurred in fulfilling terms of probation shall be borne by the Respondent.
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 12th day of May, 1993.
LORETTA VACANTI, Presiding Officer
I HEREBY CERTIFY that a copy of the foregoing Order in the matter of
BC vs. Jerome W. Jackson was mailed to Jerome W. Jackson, 3946 39th St., St. Petersburg, FL 33711, this 17th day of May 1993, by U.S. Mail.
KAREN B. WILDE, Clerk
COPIES FURNISHED TO:
Jerry Moore, Program Director Professional Practices Services
Daniel Bosanko, Esquire Attorney General's Office
Sydney McKenzie, III General Counsel
Florida Admin. Law Reports
Dr. J. Howard Hinesley, Supt. Pinellas County Schools
P.O. Box 2942
Largo, Florida 34649-2942
Steve Crosby, Director Personnel Services Pinellas County Schools
James E. Bradwell, Hearing Officer Division of Admin. Hearings
The DeSoto Building 1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
Margaret O'Sullivan, Esquire Department of Education 1701, The Capitol
Tallahassee, Florida 32399
Jerome W. Jackson - reg. and cert.
| Issue Date | Proceedings |
|---|---|
| May 21, 1993 | Final Order filed. |
| Feb. 19, 1993 | Final Order filed. |
| Dec. 07, 1992 | Recommended Order sent out. CASE CLOSED. Hearing held 9/16-17/92. |
| Oct. 15, 1992 | Respondent`s Post-Hearing Brief, Proposed Findings of Fact Conclusions of Law filed. |
| Oct. 13, 1992 | Petitioner`s School Board`s Proposed Findings of Fact, Conclusions of Law, and Supporting Agreement filed. |
| Oct. 05, 1992 | Transcript of Proceedings (2 Vols) filed. |
| Sep. 15, 1992 | Notice of Taking Deposition filed. (From Bruce P. Taylor) |
| Sep. 15, 1992 | Motion to Set Hearing Time filed. (From Joan Lobianco) |
| Sep. 11, 1992 | Respondent`s Response to Petitioner`s First Request for Admissions; Respondent`s Answers to Petitioner`s First Set of Interrogatories w/Interrogatories filed. |
| Sep. 08, 1992 | Motion for Protective Order (for B. Skatzka) filed. |
| Aug. 21, 1992 | Notice of Taking Deposition filed. (From Yveline M. Francisque-Paul) |
| Aug. 18, 1992 | Order of Consolidation sent out. (Consolidated cases are: 92-1786 & 92-4488; hearing set for 9/16-17/92; St Pete) |
| Aug. 17, 1992 | Notice of Taking Deposition filed. |
| Aug. 13, 1992 | Petitioner`s Notice of Propounding Interrogatories to Respondent; Petitioner`s First Request for Admissions filed. |
| Aug. 06, 1992 | Response to Initial Order and Motion to Consolidate (with DOAH Case No/s. 92-1786 & 92-4488) filed. |
| Jul. 30, 1992 | Order Continuing Hearing and Amended Notice of Hearing sent out. (hearing set for September 16-17, 1992; 9:30am; St. Petersburg) |
| Jul. 23, 1992 | Amended Charging Letter From the Superintendent of Schools to Jerome Jackson filed. |
| Jul. 23, 1992 | (Petitioner) Motion to Continue filed. |
| Jul. 13, 1992 | (Petitioner) Notice of Service of Answers to Interrogatories; Notice of Service of Response to Request to Produce filed. |
| May 26, 1992 | Notice of Hearing sent out. (hearing set for 8-5-92; 9:30am; St. Petersburg) |
| Apr. 02, 1992 | Ltr. to JEB from Bruce P. Taylor re: Reply to Initial Order filed. |
| Mar. 26, 1992 | Initial Order issued. |
| Mar. 20, 1992 | Agency Referral letter; Letter to School Board stating legal representation by Mark Herdman for Jerome Jackson; Agency Action letter filed. |
| Issue Date | Document | Summary |
|---|---|---|
| Feb. 10, 1993 | Agency Final Order | |
| Dec. 07, 1992 | Recommended Order | Whether Respondent's teaching certificate should be disciplined and whether respondent should be terminated from the Pinellas County school system. |
PROFESSIONAL PRACTICES COUNCIL vs. JOHN A. LETTELLEIR, 92-001786 (1992)
PINELLAS AMERICAN FEDERATION OF TEACHERS vs. PINELLAS COUNTY SCHOOL BOARD, 92-001786 (1992)
PINELLAS COUNTY SCHOOL BOARD vs. WALTER PHILLIPS, 92-001786 (1992)
PINELLAS COUNTY SCHOOL BOARD vs BOLIVIA E. WALKER, 92-001786 (1992)
PINELLAS COUNTY SCHOOL BOARD vs. JIM WILKINS, 92-001786 (1992)
