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DADE COUNTY SCHOOL BOARD vs PHILIP PETERSON, 97-004171 (1997)

Court: Division of Administrative Hearings, Florida Number: 97-004171 Visitors: 17
Petitioner: DADE COUNTY SCHOOL BOARD
Respondent: PHILIP PETERSON
Judges: CLAUDE B. ARRINGTON
Agency: County School Boards
Locations: Miami, Florida
Filed: Sep. 05, 1997
Status: Closed
Recommended Order on Tuesday, September 8, 1998.

Latest Update: Jan. 21, 1999
Summary: Whether Respondent committed the offenses alleged in the Amended Notice of Specific Charges and, if so, the penalties that should be imposed.School monitor, who made sexually inappropriate statements to twelve year-old and who subsequently hit a teacher, should be fired for misconduct.
97-4171.PDF

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


MIAMI-DADE COUNTY SCHOOL BOARD, )

)

Petitioner, )

)

vs. ) Case No. 97-4171

)

PHILIP PETERSON, )

)

Respondent. )

)


RECOMMENDED ORDER


Pursuant to notice, a formal hearing was held in this case on March 4, 1998, at Miami, Florida, before Claude B. Arrington, a duly designated Administrative Law Judge of the Division of Administrative Hearings.

APPEARANCES


For Petitioner: Twila Hargrove Payne, Esquire

School Board Administration Building 1450 Northeast 2nd Avenue, Suite 400

Miami, Florida 33132


For Respondent: Leslie A. Meek, Esquire

United Teachers of Dade

2929 Southwest 3rd Avenue, Suite One Miami, Florida 33129


STATEMENT OF THE ISSUE


Whether Respondent committed the offenses alleged in the Amended Notice of Specific Charges and, if so, the penalties that should be imposed.

PRELIMINARY STATEMENT


At the times pertinent to this proceeding, Respondent was

employed by Petitioner as a school monitor. On August 27, 1997, Petitioner suspended Respondent's employment and initiated dismissal proceedings. Respondent timely challenged the proposed action and the matter was referred to the Division of Administrative Hearings for formal proceedings. Thereafter, Petitioner filed a Notice of Specific Charges that was subsequently amended.

Succinctly stated, the Amended Notice of Specific Charges1 alleged certain facts pertaining to two separate incidents involving the Respondent. Based on those alleged facts, the Amended Notice of Specific Charges alleged in Count I that Respondent was guilty of conduct unbecoming a School Board employee in violation of School Board Rule 6Gx13-4A-1.21 (which pertains to responsibilities and duties of school board employees).

Count II alleged that, in addition to School Board Rule 6Gx13-4A-1.21, Respondent violated School Board Rules 6Gx13-4C-1.02 (which pertains to non-instructional

personnel) and 6Gx13-4-1.08 (which prohibits violence in the workplace).

Count III alleged that Respondent committed misconduct in office within the meaning of State Board of Education

Rule 6B-4.009(3), Florida Administrative Code, by violating Rules 6B-1.001(2) and (3) and 6B-1.006(3)(a),(e), and (f), Florida Administrative Code.

Count IV charged that Respondent was guilty of immorality within the meaning of State Board Rule 6B-4.009(2), Florida Administrative Code. The Amended Notice of Specific Charges

alleged that each count constituted grounds for the termination of Respondent's employment.

At the formal hearing, Petitioner presented the testimony of Arnie Weatherington (a Captain with the School Board's police department); Oryntha Crumity (a Lieutenant with the School Board's police department); Thelma Davis (principal of Madison Middle School); Louise Harms (former executive director of Petitioner's Office of Professional Standards); Darrell Berteaux (former principal of Westview Middle School); John McHale (teacher at Westview Middle School); Edward G. Robinson (teacher at Westview Middle School); Thomasina O'Donnell (executive director of Petitioner's Office of Professional Standards); and the following students who are referred to by their initials to protect their privacy: T. P., D. G., C. M., J. B., and K. A. Petitioner's Exhibits 1 through 6 (including Exhibits 4a and 5a) and 8 through 11 were accepted into evidence. Respondent presented the testimony of Nathaniel Stephens and Patricia NewKirk, both of whom are teachers at Westview Middle School.

Respondent offered no exhibits.


Official recognition was taken of School Board


Rules 6Gx13-4C-1.02, 6Gx13-4C-1.21, and 6Gx13-4C-1.08, and of


pertinent Department of Education rules.


A transcript of the proceedings has been filed. At the request of the parties, the time for filing post-hearing submissions was extended to July 28, 1998. The Petitioner and

Respondent filed Proposed Recommended Orders, which have been duly considered by the undersigned in the preparation of this Recommended Order.

FINDINGS OF FACT


  1. At all times pertinent to this proceeding, Petitioner was a duly constituted school board, charged with the duty to operate, control, and supervise all free public schools within the school district of Dade County, Florida. The Petitioner has rule making authority and the authority to enter into collective bargaining agreements.

  2. At all times pertinent to this proceeding, the parties were bound by the provisions of the collective bargaining agreement between the United Teachers of Dade and the School Board. Pursuant to Section 1 of Article V, Petitioner has the exclusive right to suspend, dismiss, or terminate an employee for "just cause." The term "just cause" as defined by Section 3(D) of Article XXI of the contract:

    . . . includes, but is not limited to, misconduct in office, incompetency, gross insubordination, willful neglect of duty, immorality, and/or conviction of a crime involving moral turpitude. Such charges are defined, as applicable, in State Board Rule 6B-4.009 (Florida Administrative Code).


  3. Pursuant to its rule making authority, Petitioner has adopted Rule 6Gx13-4A-1.21, which sets forth the expected conduct of employees as follows:

    All persons employed by The School Board of Dade County, Florida are representatives of

    the Dade County Public Schools. As such, they are expected to conduct themselves in a manner that will reflect credit upon themselves and the school system.

    Unseemly conduct or the use of abusive and/or profane language in the presence of students is expressly prohibited.


  4. Pursuant to its rule making authority, Petitioner has adopted Rule 6Gx13-4C-1.02, which sets forth the expected conduct of non-instructional personnel as follows:

    The Board recognizes and appreciates the important supporting role played by non- instructional personnel in the school system's educational program. For that reason the Board endeavors to select persons of the highest quality to fill vacancies as they occur.

    One of the important functions served by the non-teaching staff is that of demonstrating good citizenship in the community. The Board reaffirms the wish that all employees of the schools enjoy the full rights and privileges of residency and citizenship in this community and in the state.

    Because of its high regard for the school system's non-teaching staff, the Board confidently expects that its employees will place special emphasis upon representing the school system ably both formally and informally in the community.

  5. Pursuant to its rule making authority, Petitioner has adopted Rule 6Gx13-4-1.08, which prohibits violence in the workplace as follows:

    Nothing is more important to Dade County Public Schools (DCPS) than protecting the safety and security of its students and employees and promoting a violence-free work environment. Threats, threatening behavior, or acts of violence against students, employees, visitors, guests, or other individuals by anyone on DCPS property will

    not be tolerated. Violations of this policy may lead to disciplinary action which includes dismissal, arrest, and/or prosecution.

    Any person who makes substantial threats, exhibits threatening behavior, or engages in violent acts on DCPS property shall be removed from the premises as quickly as safety permits, and shall remain off DCPS premises pending the outcome of an investigation. DCPS will initiate an appropriate response. This response may include, but is not limited to, suspension and/or termination of any business relationship, reassignment of job duties, suspension or termination of employment, and/or criminal prosecution of the person or persons involved.

    Dade County Public School employees have a

    right to work in a safe environment.

    Violence or threats of violence by or against students and employees will not be tolerated.


  6. Article VIII of the collective bargaining agreement addresses the subject of a “Safe Learning Environment.” Section 1(A) of Article VIII provides, in pertinent part, as follows: “A safe and orderly learning environment is a major priority of the parties. ”

  7. At all times pertinent to this proceeding, Respondent was employed by Petitioner as a school security monitor.

  8. The job description of a school security monitor provides the following basic objectives and responsibilities:

    BASIC OBJECTIVES

    Under general direction from the school principal, he/she performs duties to monitor student activity in promoting and maintaining a safe learning environment and insures the appropriate standards of conduct are followed.


    JOB TASKS/RESPONSIBILITIES

    Visually observes student behavior during school hours, on school property. Reports serious disturbances to the school administration and resolves minor altercations. Physically patrols all school buildings, grounds, and determines reason for the presence of outsiders. Stops and questions all students not in class during class time. Monitors parking lots and student gatherings (before, during, and after school hours). Reports any safety or security problems to the administration.

    Performs any other duties set by the school principal or his/her designee.

  9. Respondent was initially employed by Petitioner as a temporary custodian in February 1988, and assigned to Madison Middle School (Madison). In June 1988, Respondent was employed as a school security monitor at Madison, where he remained until December 1993.

  10. At all times pertinent to this proceeding, Thelma Davis was the principal of Madison.

  11. In December 1993, Respondent's assigned post was near a gate in close proximity to the chorus room. J. B. and K. A. were female students at Madison during the school year 1993-94. J. B. was born March 8, 1981. In December 1993, J. B. was a twelve year-old seventh grader and a member of the chorus class taught by Edward G. Robinson.

  12. In early December 1993, Respondent made a series of inappropriate comments and gestures of a sexual nature to J. B. when she passed his assigned post. Respondent winked at J. B. as she passed his post and blew her kisses. On one occasion, he asked if she was a virgin. On another occasion he asked her the

    color of her underwear. On another occasion, he made a statement as to how warm they would be under covers together.

  13. K. A. overheard Respondent say to J. B. that he and she would be warm under the covers together.

  14. J. B. became visibly upset the day Respondent asked her the color of her underwear. Mr. Robinson observed J. B. crying.

    J. B. thereafter told Mr. Robinson about Respondent's comments and behavior. Mr. Robinson reported the information to the principal. A day or two later, J. B., accompanied by K. A., again complained to Mr. Robinson about Respondent's comments and behavior. Mr. Robinson again reported the information to the principal, and an investigation was instigated.

  15. The investigation was conducted under the supervision of Captain Arnie Weatherington, an experienced law enforcement officer employed by the Dade County School Police. In December 1993, Respondent was removed from the school campus and reassigned to the Region III office. The investigation was closed in May 1994 as being substantiated.

  16. In light of the substantiated findings, Ms. Davis recommended that Respondent's employment with the Petitioner be terminated.

  17. Louise Harms of the Petitioner' Office of Professional Standards conducted a Conference for the Record (CFR) with Respondent on May 3, 1994. During the CFR, Ms. Harms advised Respondent as to the findings of the investigation.

  18. Respondent remained assigned to the Region III office until February 1995, when he was involuntarily transferred to Westview Middle School. The investigation into this incident was closed by Respondent’s reassignment to Westview. There was no formal recommendation at that time by the Superintendent or by the Office of Professional Standards that Respondent’s employment be terminated for his misconduct at Madison.

  19. At Westview, Respondent had the responsibility to patrol the outdoor areas of the campus. He was given a walkie- talkie and a golf cart to assist him in performing his duties. Respondent’s instructions as to the cautious and safe use of the golf carts included the explicit instructions that children were not permitted to ride in a golf cart or to sit in a parked golf cart.

  20. During the school year 1996-97, Respondent's assigned responsibilities included patrolling the physical education area.

  21. During the 1996-97 school year, John McHale was a physical education teacher at Westview. His responsibilities included taking attendance, maintaining control of the class, and following the district curriculum.

  22. In November 1996, Mr. McHale's physical education class and three other classes that were taught by a Ms. Roque, Patricia NewKirk, and Nathaniel Stephens were held on an outdoor basketball court.

  23. On November 13, 1996, Mr. McHale was in charge of his

    own class and, in her absence, Ms. Roque's class. Mr. McHale's class and Ms. Roque's class were assembled on the basketball court so Mr. McHale could take roll. In addition, Mr. Stephens' class was assembled on the basketball court so Mr. Stephens could take roll.

  24. While Mr. McHale was in the process of taking roll, Respondent began joy riding in his golf cart. He rode onto the basketball court around and between the two classes under Mr. McHale's supervision. Students jumped on the golf cart. Respondent talked to students.

  25. Mr. McHale approached Respondent, told Respondent that he needed to get the classes under control, and asked Respondent to get the golf cart off the basketball court so he could do his job.

  26. In response, Respondent stated: "Take your ass back to your class. No bald-headed white man telling me what to do."2 Tempers flared, Respondent got off the golf cart, and the two men approached one another. Mr. Stephens, who is larger than either Respondent or Mr. McHale, stepped between the two men with his back facing Respondent. Respondent struck out at Mr. McHale with a closed fist, making contact with Mr. McHale’s shoulder. Mr. Stephens separated the two men and took Mr. McHale to the locker room.

  27. Respondent did not have any justification for driving the golf cart onto the basketball courts while the physical

    education classes were using the courts. That conduct disrupted the classes that were using the courts.

  28. Mr. McHale reported the incident to Darrel Berteaux, the school principal. Mr. Berteaux requested that the DCSP conduct an investigation. The investigation into this incident was conducted by Lieutenant Oryntha Crumity, an experienced law enforcement officer employed by the Dade County School Police.

  29. During the course of the investigation, Respondent contacted several of the student witnesses and asked each student whether the student was on his side. By making such contact, Respondent attempted to intimidate these student witnesses.

  30. Approximately a month after the incident, Mr. Berteaux received reports that Respondent had approached several student

    witnesses. He immediately requested that Respondent be transferred from Westview.

  31. Respondent was thereafter transferred from Westview. Proceedings to terminate his employment were initiated following a review of these matters by the Petitioner's legal staff.

CONCLUSIONS OF LAW


  1. The Division of Administrative Hearings has jurisdiction of the parties to and the subject of this proceeding. Section 120.57(1), Florida Statutes.

  2. Pursuant to Section 231.3605, Florida Statutes, Respondent is properly considered an educational support employee.3 Pursuant to Section 231.3605(2)(b), Florida Statues, his employment is to continue from year to year unless it is terminated for just cause. Pursuant to Section 230.23(5)(f), Florida Statutes, the School Board has the authority to suspend and/or terminate Respondent's employment.

  1. The collective bargaining agreement provides that just cause for the termination of the employment of an educational support person such as Respondent includes, but is not limited to, the following definition of misconduct in office, contained in Rule 6B-4.009(3), Florida Administrative Code:

    (3) Misconduct in office is defined as a violation of the Code of Ethics of the Education Profession as adopted in Rule 6B1.001, 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.

  2. In Count I of the Amended Notice of Specific Charges, Petitioner alleged that Respondent violated School Board

    Rule 6Gx13-4A-1.21 and that such violation constituted misconduct within the meaning of Article XXI, Section (3)(d) of the Collective Bargaining Agreement.

  3. Petitioner established by a preponderance of the evidence that Petitioner's conduct at Madison involving the student J. B. and his conduct at Westview involving the teacher Mr. McHale failed to comport with School Board Rule 6Gx13-4A-

    1.21. His conduct with J. B. was particularly unseemly and, given his position of authority, was abusive towards J. B. Respondent's engagement in a physical altercation and the use of racial slurs was also unseemly. Respondent also used his golf cart in an improper manner and disobeyed direct instructions by permitting students to climb on to the golf cart. In both incidents, Respondent failed to comport himself in a manner that would reflect credit upon himself and the school system.

  4. Count II of the Amended Notice of Specific Charges alleged that in addition to violating Rule 6Gx13-4A-1.21, Respondent violated Rules 6Gx13-4C-1.024 and 6Gx13-4-1.08.5

  5. There was no showing that Respondent violated the vague provisions of Rule 6Gx13-4C-1.02. All of the acts at issue occurred on school premises, not in the community. Respondent should be found not guilty of violating Rule 6Gx13-4C-1.02 as alleged in Count II.

  6. Petitioner established that Respondent violated Rule 6Gx13-4-1.08 by committing an act of violence on school grounds against another school employee. This violation is

    properly considered misconduct and grounds for the termination of Respondent's employment.

  7. Count III of the Amended Notice of Specific Charges alleged that Respondent violated Rules 6B-1.001(2) and (3), and 6B-1.006(3)(a), (e), and (f), Florida Administrative Code.

  8. Rule 6B-1.001, Florida Administrative Code, is the Code of Ethics of the Education Profession in Florida and provides, pertinent to this proceeding, as follows:

    1. The educator's primary professional concern will always be for the student and for the development of the student's potential. The educator will therefore strive for professional growth and will seek to exercise the best professional judgment and integrity.

    2. Aware of the importance of maintaining the respect and confidence of one's colleagues, of students, of parents, and of other members of the community, the educator strives to achieve and sustain the highest degree of ethical conduct.

  9. Rule 6B-1.006, Florida Administrative Code, contains the Principles of Professional Conduct for the Education Profession in Florida and provides, pertinent to this proceeding, as follows:

    1. Obligation to the student requires that the individual:

      1. Shall make reasonable effort to protect the student from conditions harmful to learning and/or to the student's mental and/or physical health and/or safety.

    * * *


    1. Shall not intentionally expose a student to unnecessary embarrassment or disparagement.

    2. Shall not intentionally violate or deny a student's legal rights.


  10. Petitioner further alleged that these violations were so serious as to impair Respondent's effectiveness as a school monitor in the school system, thereby constituting misconduct as that term is defined by Rule 6B-4.009(3), Florida Administrative Code. Petitioner established these violations. Respondent's conduct at both schools was contrary to the Code of Ethics of the Education Profession in Florida and to the Principles of Professional Conduct for the Education Profession in Florida as alleged in the Amended Notice of Specific Charges.

  11. Respondent argues that separately considered, neither incident was sufficiently serious to impair his effectiveness in the school system. That argument is rejected because both incidents, whether considered separately or jointly, clearly support this conclusion that his effectiveness in the school system has been impaired.

  12. His conduct with J. B. would likely have justified his termination had the Petitioner not decided to give him another chance. When that conduct is considered with the physical altercation and the subsequent attempt to intimidate witnesses that occurred in the second incident, it is clear that Petitioner has justification to terminate Respondent's employment on the

    grounds alleged in Count III.


  13. Count IV alleged that Respondent was guilty of immoral conduct as defined by Rule 6B-4.009(2), Florida Administrative Code, which provides 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 individual's service in the community.

  14. Petitioner established that Respondent's conduct with


  1. B. and his altercation and use of racial slurs with Mr. McHale meet the foregoing definition of immorality and constitute misconduct that justifies the termination of his employment.

    RECOMMENDATION


    Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a Final Order that adopts the findings of fact and conclusions of law contained herein. It is further recommended that the final order terminate Respondent's employment.

    DONE AND ENTERED this 8th day of September, 1998, in Tallahassee, Leon County, Florida.


    CLAUDE B. ARRINGTON

    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 8th day of September, 1998


    ENDNOTES

    1/ The discussion of the Amended Notice of Specific Charges is intended to be a summary only. Any question as to the contents of the Amended Notice of Specific Charges should be resolved by reviewing that pleading in its entirety.

    2/ Respondent is black. Mr. McHale is white.

    3/ Section 231.3605, Florida Statutes, provides, in pertinent part, as follows:

    231.3605 Educational support employees.–

    1. As used in this section:

  1. "Educational support employee" means any person employed by a district school system who . . . by virtue of his or her position of employment is not required to be certified by the Department of Education or school board pursuant to

    s. 231.1725. . . .

    (2)(a) Each educational support employee shall be employed on probationary status for a period to be determined through the appropriate collective bargaining agreement or by school board rule in cases where a collective bargaining agreement does not exist.

  2. Upon successful completion of the probationary period by the employee, the employee's status shall continue from year to year unless the superintendent terminates the employee for reasons stated in the collective bargaining agreement, or in school board rule in cases where a collective bargaining agreement does not exist, or reduces the number of employees on a district wide basis for financial reasons.

  3. In the event a superintendent seeks termination of an employee, the school board may suspend the employee with or without pay. The employee shall receive written notice and shall have the opportunity to formally appeal the termination. The appeals process shall

be determined by the appropriate collective bargaining process or by school board rule in the event there is no collective bargaining agreement.

4/ Rule 6Gx13-4C-1.02 pertains to the expected conduct of non- instructional employees. The Rule is set forth in Paragraph 4 of the Findings of Fact section of this Recommended Order.

5/ Rule 6Gx13-4-1.08 prohibits violence in the workplace. The Rule is set forth in Paragraph 5 of the Findings of Fact section of this Recommended Order.

COPIES FURNISHED:


Twila Hargrove Payne, Esquire Miami-Dade County School Board

1450 Northeast 2nd Avenue, Suite 400

Miami, Florida 33132


Leslie A. Meek, Esquire United Teachers of Dade

2929 Southwest 3rd Avenue, Suite One Miami, Florida 33129


Roger C. Cuevas, Superintendent Miami-Dade County School Board 1450 Northeast 2nd Avenue Miami, Florida 33132


Frank T. Brogan Commissioner of Education 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.

1 The discussion of the Amended Notice of Specific Charges is intended to be a summary only. Any question as to the contents of the Amended Notice of Specific Charges should be resolved by reviewing that pleading in its entirety.

2 Respondent is black. Mr. McHale is white.

3 Section 231.3605, Florida Statutes, provides, in pertinent part, as follows:

231.3605 Educational support employees.–

(1) As used in this section:

  1. "Educational support employee" means any person employed by a district school system who ... by virtue of his or her position of employment is not required to be certified by the Department of Education or school board pursuant to s. 231.1725. .

    ...

    (2)(a) Each educational support employee shall be employed on probationary status for a period to be determined through the appropriate collective bargaining agreement or by school board rule in cases where a collective bargaining agreement does not exist.

  2. Upon successful completion of the probationary period by the employee, the employee's status shall continue from year to year unless the superintendent terminates the employee for reasons stated in the collective bargaining agreement, or in school board rule in cases where a collective bargaining agreement does not exist, or reduces the number of employees on a district wide basis for financial reasons.

  3. In the event a superintendent seeks termination of an employee, the school board may suspend the employee with or without pay. The employee shall receive written notice and shall have the opportunity to formally appeal the termination. The appeals process shall be determined by the appropriate collective bargaining process or by school board rule in the event there is no collective bargaining agreement.

4 Rule 6Gx13-4C-1.02 pertains to the expected conduct of non-instructional employees. The Rule is set forth in Paragraph 4 of the Findings of Fact section of this Recommended Order.

5 Rule 6Gx13-4-1.08 prohibits violence in the workplace. The Rule is set forth in Paragraph 5 of the Findings of Fact section of this Recommended Order.


Docket for Case No: 97-004171
Issue Date Proceedings
Jan. 21, 1999 Final Order of the School Board of Miami-Dade County, Florida (filed via facsimile).
Sep. 08, 1998 Recommended Order sent out. CASE CLOSED. Hearing held 03/04/98.
Jul. 28, 1998 Petitioner School Board`s Proposed Recommended Order (filed via facsimile).
Jul. 28, 1998 Respondent`s Proposed Recommended Order (filed via facsimile).
Jun. 29, 1998 Order Granting Motion to Extend Time sent out. (PRO`s due by 7/28/98)
Jun. 29, 1998 Petitioner`s Motion for an Enlargement of Time to File Its Proposed Recommended Order (filed via facsimile).
Jun. 03, 1998 Notice of Filing; (2 Volumes) Transcript filed.
Apr. 03, 1998 UTD Contracts for the Periods July 1, 1994 through June 30, 1997 and July 1, 1997 through June 30, 2000 ; Cover Letter filed.
Mar. 04, 1998 CASE STATUS: Hearing Held.
Mar. 04, 1998 Petitioner`s School Board of Dade County, Florida`s Amended Witness List (filed via facsimile).
Mar. 04, 1998 (Respondent) Prehearing Statement (filed via facsimile).
Mar. 04, 1998 (Petitioner) Unilateral Prehearing Stipulation (filed via facsimile).
Mar. 04, 1998 (Petitioner) Motion for Modification of Prehearing Order (filed via facsimile).
Feb. 05, 1998 Order Granting Motion to Amend Notice of Specific Charges sent out.
Feb. 05, 1998 (Petitioner) Motion for a Telephonic Hearing; Petitioner`s Amended Notice of Specific Charges; Petitioner`s Motion to Amend Notice of Specific Charges (filed via facsimile).
Jan. 23, 1998 (From L. Meek) Notice of Filing Answers to Interrogatories filed.
Jan. 21, 1998 Order Granting Continuance and Amended Hearing sent out. (1/27/98 hearing cancelled & reset for 3/4/98; 9:00am; Miami)
Jan. 21, 1998 Prehearing Order sent out.
Jan. 21, 1998 Petitioner`s Memorandum of Law in Opposition to Respondent`s Motion for Expedited Discovery (filed via facsimile).
Jan. 21, 1998 (Respondent) Motion for Expedited Discovery; (Respondent) Request for Production (filed via facsimile).
Dec. 22, 1997 Respondent`s Answer to Request for Production filed.
Dec. 22, 1997 (Petitioner) Request for Production; Petitioner`s First Set of Interrogatories to Respondent filed.
Dec. 22, 1997 Petitioner`s Notice of Specific Charges (filed via facsimile).
Dec. 08, 1997 Letter to CA from L. Meek Re: Mail room closed from 12/22/97 through 1/4/98 filed.
Sep. 29, 1997 Notice of Hearing sent out. (hearing set for 1/27/98; 9:00am; Miami)
Sep. 18, 1997 Request Formal Hearing, Letter Form (filed via facsimile).
Sep. 18, 1997 (From L. Meek) Notice of Appearance filed.
Sep. 18, 1997 (Petitioner) Response to Initial Order (filed via facsimile).
Sep. 18, 1997 Agency Action Letter (filed via facsimile).
Sep. 12, 1997 Initial Order issued.

Orders for Case No: 97-004171
Issue Date Document Summary
Oct. 07, 1998 Agency Final Order
Sep. 08, 1998 Recommended Order School monitor, who made sexually inappropriate statements to twelve year-old and who subsequently hit a teacher, should be fired for misconduct.
Source:  Florida - Division of Administrative Hearings

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