STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DUVAL COUNTY SCHOOL BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 95-0488

)

GWENDOLYN M. BEEKS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the above matter was heard before the Division of Administrative Hearings by its assigned Hearing Officer, Donald R. Alexander, on December 8, 1995, in Jacksonville, Florida.

APPEARANCES

For Petitioner: Thomas E. Crowder, Esquire

600 City Hall

1300 East Bay Street Jacksonville, Florida 32202

For Respondent: No appearance

STATEMENT OF THE ISSUE

The issue in this case is whether respondent should be dismissed from her position as a teacher for the reasons given in the amended notice of proposed dismissal dated January 20, 1995.

PRELIMINARY STATEMENT

This matter began on January 20, 1995, when petitioner, Duval County School Board, issued an amended notice of proposed dismissal to respondent, Gwendolyn

1. Beeks, a classroom teacher, proposing to dismiss her from her position as a teacher for immoral character or conduct, willful refusal to obey the laws of the State, and dishonesty while employed as a teacher. The allegations stem from respondent's plea of guilty to the charge of grand theft on December 15, 1994. Thereafter, respondent requested a formal hearing to contest the proposed action. The matter was referred to the Division of Administrative Hearings on February 2, 1995, with a request that a Hearing Officer be assigned to conduct a hearing.

   
   

   By notice of hearing dated March 6, 1995, a final hearing was scheduled on May 26, 1995, in Jacksonville, Florida. Because of a family illness, on the hearing officer's own motion, the hearing was continued to December 8, 1995, at the same location. On December 7, 1995, the case was transferred from Hearing Officer Stephen F. Dean to the undersigned.

   At final hearing, petitioner presented the testimony of Kenneth L. Manuel, elementary director for the School Board. Also, it offered petitioner's exhibits 1 and 2. Both exhibits were received in evidence.

   
   

   There is no transcript of hearing. Petitioner waived its right to file proposed findings of fact and conclusions of law.

   
   

   FINDINGS OF FACT

   
   

   Based upon all of the evidence, the following findings of fact are determined:

   
   

   1. At all times relevant hereto, respondent, Gwendolyn M. Beeks, was a classroom teacher employed by petitioner, Duval County School Board (Board). When the events herein occurred, respondent was employed at Pine Estates Elementary School in Jacksonville, Florida.

      
      

   2. Between July 9, 1994, and August 22, 1994, respondent had access to the bank account of the Pine Estates Elementary School Safety Patrol. Based on a complaint by parents of patrol members, an investigation of the bank account was conducted by the state attorney.

      
      

   3. On November 14, 1994, the state attorney filed an information against respondent charging her with violating Section 812.014(c), Florida Statutes, a third degree felony. Specifically, respondent was charged with the theft of approximately $1,600.00 from the Safety Patrol bank account.

      
      

   4. On December 15, 1994, respondent entered a plea of guilty to the charge. The circuit court withheld adjudication, placed her on eighteen months probation, required restitution, payment of costs and a letter of apology, and ordered that she perform fifty hours of public service.

      
      

   5. On January 20, 1995, the Board issued its amended notice of proposed dismissal. Respondent has been suspended without pay since that time.

      
      

      CONCLUSIONS OF LAW

      
      

   6. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties hereto pursuant to Section 120.57(1), Florida Statutes.

      
      

   7. Because respondent's teaching certificate is not at risk in this proceeding, and she suffers only the potential loss of her job, the Board need only prove the allegations in its charging document by a preponderance of the evidence. See, e. g., Allen v. School Board of Dade County, 571 So.2d 568 (Fla. 3d DCA 1990).

      
      

   8. The charges herein have been brought under The Duval County Teacher Tenure Act codified in Chapter 21197, Laws of Florida (1941), as amended. Section 4 of the Act specifies the following relevant grounds for discharging or demoting a teacher:

      
      

      Section 4: (Causes for demotions or discharge) Causes for the discharge or the demotion of a teacher shall be:

      1. Immoral character or conduct, insub- ordination or physical or mental incapacity

         to perform the duties of the employment.

      2. Persistent violation of or willful refusal to obey the laws of the State of Florida or regulations adopted by authority of law, relating to the public schools or the public school system.

         * * *

         (d) Dishonesty while employed, chronic illness, or conviction of a felony, crime or any ordinance involving moral turpitude.

         
         

         Section 5.2 goes on to provide in relevant part as follows:

         
         

         Section 5.2: For the purpose of sections 4 and 5.1 of this act, the terms "conviction" and "convicted" shall mean:

         * * *

         (b) Any of the following when an adjudication of guilt has been withheld:

         (1) A plea of guilty.

         
         

   9. Because the evidence shows that respondent has been convicted of a felony involving moral turpitude within the meaning of the Act, and her conduct equates to "immoral character or conduct" within the meaning of Section 4(a), Charges I and III have been sustained. It is doubtful, however, that Section 812.014(c), the statute violated here by respondent, is a law "relating to the public schools or the public school system," a necessary prerequisite under Section 4(b). Therefore, Charge II has not been sustained.

      
      

   10. Given the nature of the offense, the Board's recommended termination of respondent's employment is deemed to be appropriate.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Duval County School Board enter a final order

discharging respondent as a classroom teacher for violating Sections 4(a) and

(d) of the Duval County Teacher Tenure Act, as amended. The charge that she has violated Section 4(b) should be dismissed.

DONE AND ENTERED this 11th day of December 1995, in Tallahassee, Florida.

DONALD R. ALEXANDER

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 11th day of December, 1995.

COPIES FURNISHED:

Dr. Larry L. Zenke Superintendent of Schools Duval County Public Schools 1701 Prudential Drive

Jacksonville, Florida 32207-8182

Thomas E. Crowder, Esquire 600 City Hall

1300 East Bay Street Jacksonville, Florida 32202

Ms. Gwendolyn M. Beeks

9801 Baymeadows Road, Number 156

Jacksonville, Florida 32202

Honorable Frank T. Brogan Commissioner of Education The Capitol

Tallahassee, Florida 32399-0400

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit to the agency written exceptions to this Recommended Order. All agencies allow each party at least ten days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the Duval County School Board concerning its rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the Duval County School Board.

Docket for Case No: 95-000488

Orders for Case No: 95-000488