STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FRANK T. BROGAN, as Commissioner ) of Education, )

)

Petitioner, )

)

vs. ) CASE NO. 96-1384

)

HILARY BETH STEIGLITZ, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was conducted in this case on November 22, 1996, at Fort Lauderdale, Florida, before Michael M. Parrish, a duly designated Administrative Law Judge of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: J. David Holder

14 South 9th Street

DeFuniak Springs, Florida 32433 For Respondent: No appearance

STATEMENT OF THE ISSUES

This is a license discipline proceeding in which the Petitioner seeks to have disciplinary action taken against the Respondent on the basis of allegations in an Amended Administrative Complaint to the effect that certain alleged conduct of the Respondent constitutes violations of Section 231.28(1)(i), Florida Statutes, and of Rule 6B-1.006(3)(a) and (e), Florida Administrative Code.

PRELIMINARY STATEMENT

This proceeding commenced when Frank T. Brogan, as the Commissioner of Education, filed an Administrative Complaint against the Respondent, Hilary Stieglitz, alleging violations of Section 231.28, Florida Statutes, and Rule 6B-1.006, Florida Administrative Code. The complaint, as amended on April 24, 1995, alleges that during the 1993-1994 school year, the Respondent, while employed as a teacher at Margate Middle School in Broward County, Florida, made inappropriate comments to students, many of which were racist in nature. Petitioner alleges that the conduct described in the Amended Administrative Complaint constitutes violations of Section 231.28(1)(i), Florida Statutes, and Rule 6B-1.006(3)(a) and (e), Florida Administrative Code.

Respondent denied the allegations and requested a formal hearing. The case was referred to the Division of Administrative Hearings for the purpose of conducting a formal hearing. Pursuant to notice, the requested formal hearing was held on November 22, 1996.

At the hearing, the Petitioner presented the testimony of four witnesses and offered three exhibits, all of which were received in evidence. Neither the Respondent or a representative for the Respondent appeared at the time and place set for hearing.

The parties were allowed ten days from the filing of the transcript within which to file proposed recommended orders. The transcript of the final hearing was filed with the Division of Administrative Hearings on December 23, 1996. On January 2, 1997, the Petitioner filed a timely proposed recommended order containing proposed findings of fact, conclusions of law, and penalty recommendations. The Respondent has not filed any post- hearing document.

The Petitioner's proposed recommended order accurately and concisely addresses all of the factual and legal issues in this case. The findings of fact, conclusions of law, and recommendations which follow are, with a few minor editorial modifications, drawn from the Petitioner's proposed recommended order.

FINDINGS OF FACT

1. The Respondent holds Florida teaching certificate 720683, covering the area of English, which is valid through June 30, 1995.

2. During the 1993-1994 school year the Respondent was employed by the Broward County School District as a teacher at Margate Middle School.

3. During the 1993-1994 school year, student J. C. was a sixth grader in one of the Respondent's classes for the first four months of the school year. During one class period the Respondent admonished J. C. for the way she was sitting in her

   desk by calling her a "hooker." This comment was made about

   
   

   J. C. in the presence of other students and made her feel bad. She reported the incident to the school administration.

4. The Respondent also called J. C. a "delinquent" in front of other students. This comment also made J. C. feel bad.

5. During the 1993-1994 school year student A. C. was a student in the Respondent's seventh grade reading class. During one of his classes another male student was over in a corner attempting to fix the zipper on his trousers. When the Respondent observed this she asked the student what he was doing. After the student explained that he was trying to fix his zipper, the Respondent told the class that tomorrow morning the class would have a "weenie contest." She then bumped the student with her hip and laughed.

6. Later during the same class the Respondent admonished

   
   

   A. C. by calling him a "punk." She did so in front of the entire class, and it made A. C. feel bad. On another occasion the Respondent threw a book at A. C. and hit him in the chest. This incident was also in front of the entire class and made him feel bad.

7. During the 1993-1994 school year, student A. P. had the Respondent as her sixth grade reading teacher for a couple of months. During this time period, A. P. heard the Respondent call female student K. B. a "nigger" and male student W. P. a

   "nigger." The name-calling upset K. B., W. P. and other black students in the classroom

8. During the 1993-1994 school year, Mr. Harry LaCava served as Principal of Margate Middle School. During that year, Mr. LaCava received approximately twelve complaints from students, or parents of students, about the Respondent's treatment of them in her classroom. All of these complaints concerned inappropriate comments and racial slurs.

9. Mr. LaCava did not recommend that the Respondent be retained as a teacher following the completion of the 1993-1994 school year. The student and parent complaints described herein were one of a number of reasons for which Mr. LaCava elected to not recommend her for re-employment.

10. In Mr. LaCava's opinion, the Respondent's conduct in making disparaging comments and racial epithets to her students violates the provisions of Rule 6B-1.006(3)(a) and (e), Florida Administrative Code, in that such conduct exposed her students to conditions harmful to learning and/or their mental and/or physical health and/or safety, as well as exposed students to unnecessary embarrassment and disparagement.

    CONCLUSIONS OF LAW

    
    

11. The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of this proceeding pursuant to Section 120.57, Florida Statutes.

12. Petitioner has the burden of proof in this proceeding.

    Where an agency seeks to revoke a professional license, the evidence must be clear and convincing. Ferris v. Turlington, 510 So.2d 292 (Fla. 1987).

13. Section 231.28, Florida Statutes, provides in pertinent part:

    1. The Education Practices Commission shall have authority to suspend the teaching certificate of any person as defined in s. 228.041(9) or (10) 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:

       
       

       * * *

       
       

       1. 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.

          
          

14. Rule 6B-1.006(2), Florida Administrative Code, provides that a violation of any of the Principles of Professional Conduct of the Education Profession in Florida "shall subject the individual to revocation or suspension of the individual educator's certificate, or the other penalties as provided by law."

15. Rule 6B-1.006(3)(a), Florida Administrative Code, requires the educator to make reasonable efforts to protect the

    student from conditions harmful to learning and/or to the student's mental and/or physical health and/or safety.

16. Rule 6B-1.006(3)(e), Florida Administrative Code, requires that the educator shall not intentionally expose a student to unnecessary embarrassment or disparagement.

17. It is concluded, based upon the clear and convincing evidence presented, that Respondent's conduct as set forth herein constitutes a violation of the rule provisions cited. Accordingly, disciplinary action is warranted for each of these violations.

18. Rule 6B-11.007, Florida Administrative Code, sets forth the disciplinary guidelines for the Education Practices Commission. These guidelines provide for a penalty ranging from a reprimand to the revocation of the teaching certificate for harassment/discrimination involving students. It also provides that repetition of the offense[s] is to be considered an aggravating factor. These guidelines have been reviewed and considered in the disposition recommended.

19. In this case the Petitioner has proven by clear and convincing evidence that the Respondent made repeated and unnecessary comments to several of her students which were disparaging and insulting. The comments and slurs were made to the students in the presence of their classmates. Such conduct is totally inappropriate, unprofessional, and unnecessarily demeaning to her students.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED that the Respondent's teaching certificate, or her entitlement to hold a teaching certificate, be suspended for one year from the date of the Final Order. Upon the expiration of the suspension period, should Respondent become re-employed as a teacher in Florida, she shall be placed on probation for a period of two years, which probation shall commence upon the date she becomes so employed.

DONE AND ENTERED this 21st day of January, 1997, in Tallahassee, Leon County, Florida.

MICHAEL M. PARRISH

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32301-3060

(904) 488-9675 SUNCOM 278-9675

Fax Filing (904) 921-6847

Filed with the Clerk of the Division of Administrative Hearings this 21st day of January, 1997.

COPIES FURNISHED:

J. David Holder, Esquire

396 Lakeview Drive

DeFuniak Springs, Florida 32433

Ms. Hilary Beth Steiglitz Post Office Box 51247

Pompano Beach, Florida 33074

Ms. Hilary Beth Steiglitz 8260 Southwest 7th Court

North Lauderdale, Florida 33068

Karen Barr Wilde, Executive Director Education Practices Commission

224-B Florida Education Center

325 West Gaines Street Tallahassee, Florida 32399-0400

Kathleen M. Richards, Administrator Professional Practices Services

352 Florida Education Center

325 West Gaines Street Tallahassee, Florida 32399-0400

Michael H. Olenick, General Counsel Department of Education

The Capitol, Plaza Level 08 Tallahassee, Florida 32399-0400

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within 15 days from the date of 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: 96-001384

Orders for Case No: 96-001384