STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

HERNANDO COUNTY SCHOOL BOARD, )

)

Petitioner, )

)

vs. ) Case No. 97-0709

)

JOSEPH A. GATTI, )

)

Respondent. )

)

RECOMMENDED ORDER

This cause came on for formal hearing before Suzanne F. Hood, Administrative Law Judge with the Division of Administrative Hearing, on May 5-8, 1998 and May 13-15, 1998, in Inverness, Florida.

APPEARANCES

For Petitioner: W. Reynolds Allen, Esquire

Allen, Norton and Blue, P.A.

324 South Hyde Park Avenue, Suite 350 Tampa, Florida 33606

For Respondent: A. R. Mander, Esquire

Greenfelder, Mander, Hanson Murphy and Dwyer

14217 Third Street

Dade City, Florida 33523 STATEMENT OF THE ISSUE

The issue is whether Respondent should be dismissed from his employment as a school teacher for just cause pursuant to Section 231.36(1)(a), Florida Statutes.

PRELIMINARY STATEMENT

On or about January 21, 1997, Petitioner John W. Sanders, Superintendent for the School Board of Hernando County, Florida (Petitioner), recommended to the Hernando County School Board (HCSB) that Respondent Joseph A. Gatti (Respondent) be suspended without pay, pending resolution of criminal action against him in Hernando County Circuit Case Number 96-1166-CF. That case charged Respondent with numerous counts relative to lewd and lascivious acts upon a child under sixteen years of age, attempt to commit lewd and lascivious acts upon a child under sixteen years of age, interference with child custody, and showing obscene material to a minor.

The HCSB voted to suspend Respondent's employment without pay effective January 22, 1997. Respondent subsequently requested a formal hearing before an Administrative Law Judge.

On February 13, 1997, HCSB referred this case to the Division of Administrative Hearings. Included with the request was a Specific Notice of Charges issued by Petitioner against Respondent. Said notice specifically requested that an Administrative Law Judge enter an order finding just cause and sufficient reason for HCSB to suspend the Respondent without pay pending the outcome of the criminal proceedings against Respondent in Hernando County Circuit Court Case

Number 96-1166-CF.

On March 5, 1997, Respondent filed an unopposed Motion to Hold in Abeyance. The undersigned granted this motion by order dated March 10, 1997.

On May 5, 1997, Respondent filed second unopposed Motion to Hold in Abeyance. The undersigned granted this motion by order dated May 20, 1997.

On October 27, 1997, the parties entered into an agreement whereby Petitioner was allowed to return to work on a temporary basis to a non-instructional position in HCSB's administrative offices. The agreement provided that Respondent was to have no contact, physical, telephonic or otherwise, with any student of the Hernando County School District unless in the presence of a member of the HCSB managerial staff.

On August 4, 1997, the parties filed a Status Report requesting further continuance. The undersigned granted this request by order dated August 11, 1997.

On November 17, 1997, the parties advised the undersigned that all criminal matters involving Respondent had been resolved.1 They requested the undersigned to schedule this matter for final hearing.

A Notice of Hearing dated November 19, 1997, initially scheduled the hearing for April 14, 1997. By order dated December 9, 1997, the case was ultimately scheduled for hearing on May 5-8, 1998.

On or about March 20, 1998, Petitioner issued an Amended Complaint, Notice of Charges, and Bill of Particulars which recommended that HCSB terminate Respondent's employment for just cause pursuant to Section 231.36(4)(c), Florida Statutes.2 Petitioner conditioned his recommendation upon a finding by the Administrative Law Judge in the instant case that Respondent was guilty of charges set forth in the Amended Complaint, Notice of Charges, and Bill of Particulars. The charges were based upon allegations by two minor students that Respondent engaged in improper sexual activities with them between May 1995 and November 1996.

On or about March 26, 1998, Petitioner presented his recommendation to the HCSB. In accordance with an agreement between the parties, Petitioner recommended that HCSB refer the charges set forth in the Amended Complaint, Notice of Charges, and Bill of Particulars to the Division of Administrative Hearings for consolidation with the instant case. The HCSB adopted Petitioner's recommendation.

On April 2, 1998, the parties filed a Stipulation in which they agreed to substitute the Amended Complaint, Notice of Charges, and Bill of Particulars for the original Specific Notice of Charges referenced above. The Amended Complaint, Notice of Charges, and Bill of Particulars was attached to the Stipulation.

On April 24, 1998, the parties filed a joint Pretrial Stipulation.

Pursuant to notice, the hearing commenced on May 5, 1997. Petitioner presented the testimony of two witnesses and offered exhibits P1, P2, P4(A), P4(B), P4(C), P4(D), and P5 which were admitted into evidence. Respondent testified on his own behalf and presented the testimony of 29 witnesses. Respondent offered exhibits R1 through R41 which were, or hereby are, admitted into evidence.

During the hearing, Petitioner filed a Motion to Seal Respondent's exhibit R6 as confidential, privileged, and not subject to public inspection pursuant to Section 228.093(3)(d), Florida Statutes. The undersigned granted this motion ore tenus.

The hearing concluded on May 15, 1998. The court reporter filed three volumes of transcript on June 16, 1998, four volumes of transcript on July 16, 1998, and five volumes of transcript on July 28, 1998.

On August 7, 1998, Respondent filed a Motion to Exceed Document Length together with a Post-Hearing Brief. That same day, Petitioner filed Proposed Findings of Fact and Conclusions of Law.

On August 10, 1998, Respondent filed a Motion to Substitute Brief and a Substituted Post-Hearing Brief. Petitioner filed a Notice of no Objection to Substitution of Respondent's Brief.

The undersigned issued an Order Granting Motion to Exceed Document Length on August 10, 1998. An order dated August 11, 1998, granted Respondent's Motion to Substitute Brief.

FINDINGS OF FACT

1. Background

   
   

   1. Petitioner is the duly appointed Superintendent for HCSB. He is responsible for the administration and management of the Hernando County School District.

   2. HCSB is the governing body of the Hernando County School District. It is charged with the responsibility to operate, control, and supervise all free public schools in Hernando County, Florida.

   3. At all times material here, Respondent was, and continues to be, an employee of the HCSB as a member of the instructional staff pursuant to a "professional service contract."

   4. The origin of these proceedings occurred on December 5, 1996, when Respondent was arrested for allegedly engaging in inappropriate sexual conduct with minor students. Apart from the allegations raised in this case, Respondent has been a satisfactory employee.

   5. No employee, agent, or representative of the HCSB was aware of any allegations of inappropriate sexual conduct between Respondent and any student until law enforcement officials notified school officials about an investigation a few days before Respondent's arrest.

   6. Respondent began working for HCSB in 1989 at Powell Middle School as a science teacher. He eventually became the technology resource coordinator at Powell Middle School.

   7. Respondent served as director of an after school program (ASP) at Powell Middle School beginning in January 1995. HCSB and the local YMCA sponsored and funded the ASP until sometime in the spring of 1996. Respondent was in large part responsible for the successful creation, organization, and operation of the ASP.

   8. The ASP began immediately after each school day and continued until 5:00 p.m. The program was staffed by Powell Middle School staff and other adults who taught different classes. Some of the after school activities, like swimming lessons, took place on the premises of the YMCA. The ASP participants rode a school bus from the school to activities in remote locations.

   9. Respondent directed the ASP initially from his classroom in the science building of Powell Middle School and subsequently from a room used as a computer lab, which was adjacent to his former classroom. A number of school administrators and teachers were constantly walking in and out of the areas where Respondent worked each day because supplies for the ASP were stored there. After school, teachers frequently visited Respondent's work station unannounced. Janitors and work details were on the school premises until 11:00 p.m. Bathrooms and a refrigerator for staff were located near Respondent's work station.

   10. Respondent's classroom in the science building had large windows along the outside wall. There were windows between the computer room and Respondent's classroom. There were windows between the computer room and another classroom in the same building. The only area which had any possibility of privacy was a walk-in storage closet in the computer room. The doors to the science classrooms, the computer room and closet were never locked.

   11. During the summers, Respondent spent his time working at Camp Sangamon, a camp in Vermont for boys of all ages. He began working at the camp in 1980 as a regular counselor. Later he served as head of the activity trip program. Respondent worked as the camp's assistant director for about eight years.

   12. In the summer of 1995, Respondent lived in a cabin with older boys who were counselors-in-training (CITs). However, he spent almost all of his time in the administrative office taking care of paperwork, planning activities, and supervising programs. He never went to the cabin in the middle of the day unless he was specifically looking for a CIT.

   13. Respondent's cabin was on a main trail through the camp, in close proximity to other cabins and a basketball court. People were constantly walking by the cabin, especially in the middle of the day during a free activity period.

   14. The cabin did not have a lock on its door. It had large windows with no screens, which were usually propped open

       with a stick. The panels that formed the walls of the cabin were separated by approximately one inch. The spaces between the panels left the interior of the cabin visible during the day.

   15. As assistant director, Respondent could arrange for Florida boys to attend the camp at a reduced rate. Over the years, he made these arrangements for several boys.

2. C.B.

   
   

   1. Respondent met C.B., a seventh grade student at Powell Middle School, in 1995. At that time, C.B. was not one of Respondent's regular students. He was a participant in the ASP.

   2. Initially, C.B.'s stepmother called Respondent to check on C.B.'s attendance in the ASP. The stepmother and Respondent discussed C.B.'s problems, including his attempts to run away from home. During subsequent conversations, Respondent offered

      C.B. a scholarship to attend Camp Sangamon for three weeks in the summer of 1995.

   3. C.B.'s family was pleased that he would have an opportunity to go to camp. They accepted Respondent's offer and made final arrangements for C.B. to attend camp for three weeks at a reduced rate.

   4. When C.B. arrived at camp in 1995, he announced that he was going to stay at camp all summer. Despite his initial positive attitude, C.B. had trouble adjusting to camp life. He had problems interacting with other campers. However, with help

      from his counselors, and encouragement from Respondent, C.B. stayed at camp for eight weeks.

   5. During the summer of 1995, Respondent assisted C.B. with the completion of a science project. C.B. had to complete the project in order to be promoted to the eighth grade.

   6. Respondent's cabin was always open with CITs coming and going. There was no reasonable expectation of privacy in the cabin at any time. C.B.'s testimony that, at Respondent's request, he masturbated Respondent's penis in the cabin during a free activity period just before lunch is not credited.

   7. After returning from summer camp, C.B. went boating with Respondent and several other people. The group enjoyed snorkeling and water skiing. However, C.B. and Respondent were never alone on a boat.

   8. C.B. was in the eighth grade at Powell Middle School in the fall of 1995. Even though he was not in one of Respondent's classes, C.B. often received passes from his teachers to visit Respondent's classroom during the regular school day. C.B. participated in the ASP. Respondent regularly drove C.B. home following the close of the ASP.

   9. Respondent worked one-on-one with C.B. to improve his grades. Two to three times a week, Respondent visited C.B.'s home to tutor C.B. C.B.'s grades improved markedly. Respondent encouraged C.B. to set high school graduation as a goal.

   10. C.B. testified that, during the after school hours of the 1995-96 school year, he twice complied with Respondent's request to masturbate Respondent's penis on school grounds, either in the science classroom or the adjoining computer/storage room. This testimony is contrary to the greater weight of the evidence.

   11. On October 20, 1995, Respondent took C.B. to Disney World as a reward for his academic success during the first grading period. They traveled in Respondent's pick-up truck and shared the expenses of the trip.

   12. Respondent and C.B. arrived at the Disney World parking lot before the amusement park opened. They parked in front of the ticket booth around 9:00 or 9:30 a.m. Other cars were also arriving. Parking attendants and people waiting to enter the entertainment area were in close proximity to Respondent's vehicle at all times. Respondent and C.B. paid their entrance fee and entered the theme park as soon as it opened for business.

   13. With so many people around, there was no expectation of privacy in Respondent's truck. C.B.'s testimony that he masturbated Respondent's penis in the Disney World parking lot is not credited.

   14. During the 1995-96 school year, Respondent arranged for

       
       

       C.B. to attend a counseling session with a guidance counselor at Powell Middle School. Respondent made the appointment because he suspected that C.B. was the victim of abuse at home.

   15. On February 5, 1996, C.B. and his father had an argument. The father lost his temper and punched C.B. in the face and ear. C.B. did not go to school the next day.

   16. The school resource officer noticed bruises on C.B.'s face the following week at school. He reported his observations to an investigator from the Department of Children and Families. C.B.'s father admitted to the investigator that he hit C.B. in the face. The authorities took no legal action against C.B.'s father.

   17. C.B. attended camp at a reduced rate again in the summer of 1996. He went to Vermont early so that he could earn money working at camp before it opened. During the summer, Respondent bought C.B. a portable C.D. player, C.D.'s, and some articles of clothing with the understanding that C.B. would repay Respondent later.

   18. Mrs. Peady O'Connor, one of Respondent's friends, also went to camp in the summer of 1996 to work in the kitchen. C.B. stayed at camp all summer, returning home with Respondent and Mrs. O'Connor on August 16, 1996.

   19. Immediately upon his return to Florida, Respondent began having trouble with his truck. He took it to the shop on Saturday, August 17, 1996. He spent the rest of the day with a friend, Jackie Agard. Respondent did not go boating that weekend.

   20. School started on August 19, 1996 for the 1996-97 school year. Respondent returned to work at Powell Middle School as the technology resource coordinator. C.B. attended ninth grade at Springstead High School.

   21. On Tuesday, August 20, 1996, Respondent leased a new sport utility vehicle. It did not have a pre-installed trailer hitch.

   22. The next Saturday, August 24, 1996, Respondent spent the day with friends from out-of-town. He did not go boating that weekend.

   23. On August 29, 1996, Respondent purchased a trailer hitch. He intended to install the hitch personally. That same day, Respondent and Chuck Wall, a scuba diving instructor, met with C.B. and his parents. The purpose of the visit was to sign

       C.B. up for scuba diving lessons. Respondent agreed to pay for the lessons, as he had for those of other young people.

   24. On Saturday, August 31, 1996, Respondent took some of his friends to dinner and a movie in his new vehicle. He did not go boating that weekend.

   25. Respondent's boat was parked at the home of his parents all summer while Respondent was in Vermont. It was still there when Respondent installed the trailer hitch on his new vehicle on Labor Day, September 2, 1996.

   26. On September 3, 1996, Respondent took C.B. to his first scuba diving lesson. After the lesson, Respondent, C.B., and Mr.

       Wall took Respondent's boat to a marina at Crystal River. After launching Respondent's boat, Chuck Wall had difficulty getting the boat to run because it had not been used for such a long time. Respondent left his boat at the marina for the rest of the fall boating season.

   27. The greater weight of the evidence indicates that C.B. and Respondent never went boating alone. There was no inappropriate sexual conduct between C.B. and Respondent on Respondent's boat.

   28. On Saturday, September 7, 1996, Respondent took a group of students to Disney World. The trip was a reward for the students' involvement with a video yearbook project sponsored by Respondent. C.B. did not participate in the activity.

   29. The next Saturday, C.B.'s scuba diving lesson was cancelled. C.B. did not go boating with Respondent that weekend because he was on restrictions at home.

   30. On or about September 18, 1996, C.B.'s parents became aware that C.B. was responsible for long distance phone calls to a girl that C.B. met at camp. After a confrontation with his parents, C.B. ran away from home.

   31. On September 21, 1996, Respondent went to C.B.'s home. Respondent suggested that C.B.'s parents let C.B. live with the O'Connor family for a short period of time. He also suggested that C.B. receive counseling and agreed to arrange for the therapy.

   32. Mr. and Mrs. O'Connor, and their son and daughter, were close friends of Respondent. The son, Sean O'Connor, was away at college. The daughter, Jennifer, still lived at home. C.B.'s parents agreed to let C.B. live with the O'Connors on a trial basis, provided that C.B. remain on restrictions within the O'Connor home for a period of time.

   33. The O'Connors did not live within the Springstead High School district. Therefore, Respondent and the O'Connors worked together to provide C.B. with transportation to and from school. Respondent purchased C.B. a beeper to facilitate communication between C.B. and Mrs. O'Connor.

   34. After moving in with the O'Connors, C.B. was allowed to attend a football game. He did not meet Mrs. O'Connor after the game as he had been instructed. The police found C.B. and turned him over to C.B.'s stepmother. As soon as he got to the gate of his parent's property, C.B. got out of his stepmother's car and ran away again.

   35. The police eventually found C.B. at the home of his step-brother's girlfriend on October 2, 1996. C.B.'s parents told the police to release C.B. to Respondent's custody. Respondent took C.B. back to live with the O'Connors.

   36. October 7, 1996 was an early release day at school. Respondent, C.B., and another student left from school to look for a lost anchor. Later that evening, Respondent dropped off

       C.B. at the O'Connor residence, then proceeded to take the other student home.

   37. October 8, 1996, was a hurricane day for the school district. Mrs. O'Connor was at home all day. Respondent and

       C.B. were never alone in the O'Connor home.

       
       

   38. There is no persuasive evidence that Respondent ever performed anal intercourse upon C.B. at the O'Connors' home or at Powell Middle School in the storage closet of the computer room.

   39. During the time that C.B. lived with the O'Connors, Respondent arranged for C.B. to attend two counseling sessions with a school psychologist.

   40. On Thursday, October 24, 1996, C.B.'s father decided that he wanted C.B. to move back home. When the father arrived at the O'Connor's home, C.B. attempted to have a heart-to-heart talk with his father. When the father insisted that C.B. return home, C.B. ran out into the yard of the O'Connor home. The father caught up with C.B. and, during the ensuing struggle, repeatedly punched C.B. in the face.

   41. The O'Connors called the police. C.B.'s father was arrested and taken to jail. The next day, C.B.'s stepmother filed a police report alleging that Respondent had sexually abused C.B.

   42. After his father was arrested, C.B. spent one night with his stepbrother. His stepmother told him not to attend school the next day. She wanted C.B. to go with her to talk to

       the authorities and to get C.B.'s father out of jail. Despite these instructions, C.B. rode to school with the O'Connors' daughter.

   43. When C.B.'s stepmother discovered that he was at school, she went to pick him up. When she arrived at school,

       C.B. refused to go home with her. Because he would not go home with his stepmother, C.B. was taken to a youth shelter. He ran away from the shelter that night. C.B. continued to attend school while on run away status.

   44. On October 29, 1996 and November 6, 1996, a deputy sheriff interviewed C.B. about the allegations raised by his stepmother. On both occasions, C.B. denied that Respondent had ever engaged in or attempted to engage in inappropriate conduct with him.

   45. On November 8, 1996, a sheriff's detective, Detective Baxley, and a worker from the Department of Children and Families each questioned C.B. C.B. again denied ever having any sexual contact with Respondent.

   46. In November 1996, C.B. returned to live with his parents. On November 13, 1996, the day that C.B.'s father's made his first court appearance, C.B. told the state attorney, in the presence of both parents, that he did not want to press charges against his father. The charges were subsequently dropped.

   47. On November 18, 1996, Detective Baxley and Detective Cameron interrogated C.B. Towards the end of the interview, C.B.

       accused Respondent of having inappropriate sexual contact with him on two occasions. C.B. alleged that he had masturbated Respondent's penis in Respondent's cabin at camp in the summer of 1996.3 C.B. also alleged that he had masturbated Respondent's penis on Respondent's boat in Crystal River sometime in the early fall of 1996, within weeks of the beginning of school.

   48. The detectives had C.B. call Respondent. They taped the conversation without Respondent's knowledge. C.B. told Respondent that the police had given him a polygraph when in fact they had used a computer voice stress analyzer. Respondent told

       C.B. he had nothing to worry about as long as he told the truth.

       
       

   49. The police interrogated C.B. again on November 27, 1996. During this interview, C.B. accused Respondent of inappropriate sexual conduct, involving masturbation of Respondent's penis, in Respondent's science classroom or the computer room at Powell Middle School during after school hours of the 1995-96 school year.

   50. Respondent was arrested on or about December 5, 1996. In January of 1997, C.B. alleged for the first time that he masturbated Respondent's penis in the parking lot at Disney World on October 20, 1995.

   51. On March 27, 1997, C.B. accused Respondent of having anal sex with him at the O'Connor residence during a "hurricane day" in October of 1996.

   52. On April 16, 1997, C.B. accused Respondent of having anal sex with him in the walk-in closet of the computer/storage room at Powell Middle School on two occasions in September or October of 1996.

3. A.P.

1. Respondent met A.P., a sixth grade student at Powell Middle School in 1995 as a participant in the ASP. A.P. was a very out-going person, who demanded attention. At times, Respondent, as director of ASP, had to discipline A.P.

2. During his sixth grade year, A.P. would routinely visit Respondent's classroom during the school day even though Respondent was not one of his teachers. A.P. often visited Respondent during ASP. Respondent frequently gave A.P. a ride home after ASP.

3. Respondent offered A.P. a scholarship to attend Camp Sangamon in the summer of 1995. With the consent of his parents,

   A.P. attended camp at a reduced rate for three weeks that summer.

   
   

4. In the fall of 1995, A.P. was in the seventh grade. He was in a science class taught by Respondent. He continued to attend the ASP.

5. Respondent worked on computers during the times that

   
   

   A.P. and other students visited in the computer room. There is no persuasive evidence that pornographic pictures of nude males on the Internet ever appeared on the computer monitors while Respondent was operating a computer in A.P.'s presence.

6. In January of 1996, A.P. continued to visit Respondent in Respondent's classroom or in the computer room after school. Respondent did not at any time ask A.P. to touch Respondent in a sexually inappropriate manner. Respondent never masturbated A.P.'s penis on school property.

7. Respondent developed a plan for A.P. to work and earn money so that he could attend camp during the summer of 1996.

   A.P. did not follow through with the plan. Consequently, he did not attend camp for the second time.

8. In the fall of 1996, A.P. entered the eighth grade at Powell Middle School. A.P. continued to visit Respondent in the computer room after school up until the police arrested Respondent.

9. Just before Respondent's arrest, Detective Baxley, interviewed several of Respondent's students. One of those students was A.P.

10. Of his own accord, Detective Baxley went to A.P.'s home to interview him. During the interview, A.P. told the detective that Respondent had shown him pornographic pictures from the Internet in the school's computer room. A.P. also claimed that, on one occasion, A.P. declined Respondent's request for A.P. to touch Respondent's penis. On another occasion, Respondent allegedly masturbated A.P.'s penis. According to A.P., the latter two incidents took place in the computer room.

    CONCLUSIONS OF LAW

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

12. Petitioner has the burden of proving, by a preponderance of the evidence, that Respondent's behavior constitutes just cause for termination of Respondent's teaching contract. Allen v. Dade County School Board, 571 So. 2d 568 (Fla. 3rd DCA 1990). Section 231.36(1)(a), Florida Statutes, states as follows in pertinent part:

    Just cause includes, but is not limited to, misconduct in office, incompetency, gross insubordination, willful neglect of duty, or conviction of a crime involving moral turpitude.

    
    

13. A teacher's sexual impropriety with a student constitutes just cause for termination of his or her employment contract. Todd v. Carroll, 347 So. 2d 621 (Fla. 4th DCA 1977); Brogan v. Durso, 19 FALR 2013 (1996). However, in this case, Respondent did not engage in any of the actions with which he is charged. Therefore, HCSB lacks just cause to terminate Respondent's contract of employment.

is,

RECOMMENDATION

Based upon the findings of fact and conclusions of law, it

RECOMMENDED:

That the Hernando County School Board enter a Final Order

finding Respondent not quilty of improper sexual conduct with

C.B. and A.P., and reinstating Respondent to his teaching position, with back pay, less interim earnings, benefits, and no break in seniority of years of continuous service.

DONE AND ENTERED this 10th day of September, 1998, in Tallahassee, Leon County, Florida.

SUZANNE F. HOOD

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847

Filed with the Clerk of the Division of Administrative Hearings this 10th day of September, 1998.

ENDNOTES

1/ All criminal matters involving Respondent had been dismissed by prosecutors or judges in all counties where charges had been filed.

2/ Section 231.36(4), Florida Statutes, applies to suspension or dismissal of school board employees whose terms of employment are governed by "continuing contracts." Section 231.36 (1), Florida Statutes, applies to dismissal of school board employees whose

terms of employment are governed by "professional service contracts." The latter is applicable in the instant case.

3/ During trial, C.B. testified that this incident took place around noon during the summer of 1995.

COPIES FURNISHED:

A. R. Mander, III, Esquire Greenfelder, Mander, Hanson,

Murphy and Dwyer 14217 Third Street

Dade City, Florida 33523

Reynolds Allen, Esquire Suite 350

324 South Hyde Park Avenue Tampa, Florida 33606-4127

John W. Sanders, Superintendent Hernando County School Board 919 North Broad Street Brooksville, Florida 34601-2397

Frank T. Brogan, Commissioner Department of Education

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

Michael H. Olenick, General Counsel Department of Education

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

Mark Herdman, Esqurie

Herdman and Sakellarides, P.A. 2595 Tampa Road, Suite J

Palm Harbor, Florida 34684

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: 97-000709

Orders for Case No: 97-000709