STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
CHARLIE CRIST, as Commissioner ) of Education, )
)
Petitioner, )
)
vs. )
)
HELEN B. WILLIAMS, )
)
Respondent. )
Case No. 00-2147
)
RECOMMENDED ORDER
Pursuant to Notice, this cause was heard by Linda M. Rigot, the assigned Administrative Law Judge of the Division of Administrative Hearings, on April 23 and 24, 2001, in Miami, Florida.
APPEARANCES
For Petitioner: J. Wiley Horton, Esquire
Pennington Law Firm Post Office Box 10095
Tallahassee, Florida 32302-2095
For Respondent: Ira J. Paul
18495 Northwest 78th Avenue Hialeah Gardens, Florida 33015
STATEMENT OF THE ISSUE
The issue presented is whether Respondent is guilty of the allegations contained in the Administrative Complaint filed against her, and, if so, what disciplinary action should be taken against her, if any.
PRELIMINARY STATEMENT
By Administrative Complaint dated April 4, 2000, Petitioner alleged that Respondent had violated several statutes and a rule regulating her conduct as a teacher in the State of Florida, and Respondent timely requested an evidentiary hearing regarding the allegations in that Administrative Complaint. This cause was thereafter transferred to the Division of Administrative Hearings to conduct the evidentiary proceeding.
Petitioner presented the testimony of Lucille Collins,
Dr. Joyce Annunziata, Willie B. Turner, and Dr. James E. Monroe. Respondent Helen B. Williams testified on her own behalf and presented the testimony of Lucille Collins, Dr. Joyce Annunziata, Willie B. Turner, Dr. James E. Monroe, Helen F. Vivian, Dia Falco, and John Burke. Additionally, Petitioner’s Exhibits numbered 1-32 and Respondent’s Exhibits numbered 1-11 were admitted in evidence.
At various times during this proceeding Respondent has represented herself and has been represented by two consecutive qualified representatives. The second one, Ira J. Paul, represented Respondent at the final hearing and through the extended period of time allowed for the parties to file proposed recommended orders. He timely filed an unsigned proposed recommended order on her behalf at the time that he withdraw as her representative. Respondent then obtained a further
extension of time and filed another proposed recommended order on her own behalf past the deadline for doing so.
Both parties filed after the conclusion of the final hearing proposed recommended orders. The Petitioner’s proposed recommended order, Respondent’s unsigned proposed recommended order, and Respondent’s late-filed proposed recommended order have been considered in the entry of this Recommended Order.
FINDINGS OF FACT
At all times material hereto, Respondent has held a teaching certificate issued by the State of Florida, valid through June 30, 2002.
At all times material hereto, Respondent was employed by the School Board of Miami-Dade County, Florida, as a language arts (English) teacher, assigned to Lake Stevens Middle School and subsequently assigned to her own home as an alternate work site.
On May 4, 1995, Lucille Collins, an assistant principal at Lake Stevens, conducted a conference with a student, that student’s parent, and Respondent. During the conference, Respondent became enraged and began shouting at Collins.
Collins terminated the conference and attempted to return to her office. Respondent followed her, continuing to shout as the two proceeded toward Collins’ office. The student and the parent witnessed Respondent's behavior.
On February 8, 1996, Assistant Principal Collins convened a conference with Respondent and Dorothy Johnson, the principal’s secretary, to address conflicts between Respondent and Johnson. Toward the end of the meeting, Respondent became agitated. She began shouting at Collins and trying to provoke another argument with Johnson.
On May 2, 1996, Respondent entered the teachers’ workroom and started yelling at Collins. Collins directed Respondent to stop and to come meet with her privately, but Respondent refused twice to meet with Collins. Respondent remained “out of control” and continued yelling as she moved through the office and out into the hall near the cafeteria.
On May 15, 1996, Collins conducted a TADS observation of Respondent. A TADS observation is an extended and formal observation of a teacher in a classroom to determine if the teacher possesses the minimum competencies required of a classroom teacher. The trained observer is required to assess six categories that must be deemed satisfactory in order for the teacher to receive an acceptable evaluation. The teacher undergoing the TADS observation is required to submit to the observer lesson plans, student folders, and the grade book. On that day Respondent was unable to produce a lesson plan or grade book. Respondent was given five days to produce the required materials. As of May 20 Respondent had not complied. However,
she did eventually comply, and the TADS observation showing Respondent was deficient was then voided.
On October 2, 1996, Dr. James Monroe, Executive Director of the Office of Professional Standards for the Miami- Dade School Board, directed Respondent to attend a conference- for-the-record on October 7. The purpose of the conference was to address an act of battery by Respondent and her fitness for future employment. Respondent attended the meeting. At the meeting, she was referred to Dr. Michael Hendrickson for a psychological evaluation.
Respondent went to Hendrickson who opined that Respondent was able to return to her teaching duties, with the following recommendations: (1) that Respondent seek help through the School Board’s Employee Assistance Program; (2) that Respondent undergo a neurological examination to rule out any neurological problems; and (3) that Respondent undergo psychotherapy once a week for a year. Based upon that evaluation, Respondent was permitted to return to her classroom.
Shortly thereafter, an event known as “Back to School Night” was held at Lake Stevens. During that evening, teachers at Lake Stevens are required to be present in their classrooms to meet with parents. Respondent did not attend and did not advise the administrators at the school that she would not attend. Several parents complained to the principal and to
Assistant Principal Collins that Respondent was not in attendance and that they were concerned because they had not received progress reports from Respondent and did not know if their children were passing or failing in Respondent’s class. Due to the parents’ concerns, the principal instructed Collins to conduct another TADS observation of Respondent.
On October 22, 1996, Collins conducted another TADS observation of Respondent. She observed that Respondent's grade book had no recorded grades for periods five and six. She noted that the student folders contained no graded assignments. Respondent could not produce any graded tests, quizzes, weekly exams, unit tests, or progress checks. Respondent had not completed organizing the students' class work, homework, or folders in any observable fashion. In addition, Respondent's lesson plans were incomplete.
On October 30, 1996, Collins reviewed with Respondent her written evaluation of Respondent's performance during the TADS observation. The written report noted Respondent's deficiencies and directed Respondent to comply with a prescription plan. Respondent was given specific deadlines, as follows: submit five sample graded tests and five writing portfolios to Collins by October 31; submit a complete and up- to-date grade book to Collins by November 1; complete all student folders and portfolios and have them available for
review by November 1; read relevant portions of the TADS Prescription Manual by November 12, and submit activities for review and discussion with her department chairperson by November 12. Respondent acknowledged receipt of these directives by signing the TADS report on October 30.
Respondent failed to comply with those directives and has never complied with them. Collins reported to Principal Willie B. Turner Respondent's failure to comply with her directives.
On December 11, 1996, Principal Turner sent Respondent a memorandum directing her to report for a conference-for-the- record to be held in his office on December 16. The purpose of the conference was to discuss Respondent's non-compliance with the TADS prescription plan.
On December 12 Respondent approached Principal Turner while he was on bus duty in front of Lake Stevens Middle School. Turner invited Respondent to speak to him after he was finished. Respondent came to his office and began "venting" at Turner, screaming at him and using "choice words." Turner told Respondent to leave his office, but she refused. Other staff members who were attracted by Respondent's screaming attempted to remove Respondent from Turner's office. With the help of the school's resource office, they were eventually able to do so.
Immediately after the December 12 incident in Turner's office, Respondent was removed from Lake Stevens Middle School and assigned to work at her home. The conference originally scheduled to be held at Lake Stevens was re-scheduled to be held at the Office of Professional Standards on December 16. At the meeting, which Respondent attended, she was directed by
Dr. James Monroe to contact the Employee Assistance Program immediately, undergo the required neurological evaluation, and attend the required psychotherapy once a week for a year.
On or about January 9, 1997, Respondent contacted the Employee Assistance Program but declined to participate.
On January 31, 1997, Dr. Monroe sent Respondent a memorandum in which he noted that she had not complied with his three prior directives. Respondent was given five additional days to comply and was informed that her continued failure to comply would be considered gross insubordination.
Respondent attended a follow-up visit with Dr. Hendrickson on March 6, 1997. Following this visit,
Hendrickson advised Dr. Monroe in writing that Respondent should undergo a psychiatric evaluation to assess her behavior and aggressive outbursts.
Upon receiving Hendrickson's report, Dr. Monroe scheduled a meeting with Respondent for March 25. Respondent acknowledged receipt of that notice on March 19.
Respondent attended the March 25 meeting. By that time, she had complied with the requirement that she undergo a neurological examination. At the meeting, she presented to Dr. Monroe a letter from a Dr. Cheryl Nowell indicating that Respondent had commenced psychotherapy on January 21, 1997. At that time, however, Respondent had still not undergone a psychiatric evaluation.
On April 8, 1997, Dr. Monroe sent Respondent a memorandum summarizing the March 25 meeting. He again directed Respondent to undergo a psychiatric evaluation, gave Respondent five days to comply, and advised Respondent that her failure to comply would be considered gross insubordination.
Dr. Monroe transmitted the information furnished by Respondent at the March 25 meeting to Dr. Hendrickson for review. After reviewing the information, Dr. Hendrickson wrote to Dr. Monroe that he believed that Respondent still needed to undergo a psychiatric evaluation. Dr. Monroe subsequently advised Respondent of that continuing requirement.
Respondent did not undergo a psychiatric evaluation.
On April 29, 1997, Dr. Monroe notified Respondent that she was to report for a conference at the Office of Professional Standards on May 1. Respondent signed the notice on April 29. The purpose of the meeting was to discuss Respondent's continued refusal to comply with prior directives.
On April 30, 1997, Respondent contacted Dr. Joyce Annunziata, the Assistant Superintendent of the Office of Professional Standards. Respondent, through her union representative, advised Annunziata that Respondent would not attend the meeting unless she was escorted by an uniformed Metro-Dade County deputy or City of Miami police officer. Respondent stated her reason to be that she was in fear of her life due to what she perceived to be threats from Dr. James Monroe.
Dr. Annunziata investigated Respondent's assertion and found it to be without merit. Her union representatives at every prior meeting with Dr. Monroe had accompanied Respondent, and Dr. Monroe had not physically threatened Respondent.
Respondent failed to appear for the May 1 meeting. At her request, the meeting was re-scheduled for May 2. Respondent continued to insist a deputy sheriff or police officer accompany her. On May 2, Dr. Annunziata notified Respondent's union representative in writing that Respondent's demand for an uniformed law enforcement officer would not be met, that Respondent must decide if she would attend the meeting or not, and that Respondent's failure to attend the meeting would be considered gross insubordination.
Respondent failed to attend the meeting. On that day Principal Turner recommended that the Miami-Dade County School Board terminate Respondent from further employment.
Dr. Monroe decided to give Respondent one more chance.
He re-scheduled the meeting for May 13, 1997, sent Respondent a written notice, and read the notice to Respondent over the telephone. Respondent was advised that her failure to attend the re-scheduled meeting would result in termination of her employment.
Despite having notice, Respondent did not attend the May 13 meeting as she had failed to attend the May 1 and 2 meetings.
On June 13, 1997, Respondent received an overall unacceptable TADS evaluation for the 1996-97 school year. She achieved an unacceptable rating in the categories of preparation and planning, assessment techniques, and professional responsibilities.
Respondent's continuing failure to attend the conferences scheduled by Dr. Monroe constitutes gross insubordination. Further, Respondent's failure to comply with the reasonable TADS prescriptive plan given her to overcome her classroom deficiencies constitutes gross insubordination.
Respondent's failure, in conjunction with her TADS observation, to have records of students' grades, graded
assignments, graded exams, lesson plans, and student writing portfolios constitutes incompetence.
Respondent received an unacceptable evaluation based upon her classroom performance on October 26, 1996. She achieved two subsequent unacceptable evaluations for professional responsibility for her continuing failure to comply with directives given to her, not for conduct in her classroom. Finally, she achieved an unacceptable annual evaluation.
In light of Respondent's long-standing history of aggressive behavior, the Miami-Dade County School Board's requirement that she submit to a psychiatric examination was reasonable. Respondent's failure to comply with that directive was unreasonable and further constitutes gross insubordination.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties hereto and the subject matter of this proceeding. Sections 120.569, 120.57(1), and 231.262(5), Florida Statutes.
The Administrative Complaint filed in this cause alleges that on October 23, 1996, Respondent received an unsatisfactory evaluation, that she received an unacceptable evaluation for the 1996-97 school year, that she failed to follow directives, was excessively absent, and was insubordinate to her supervisors during the 1996-97 school year. During the
final hearing, Petitioner dismissed the allegation that Respondent was excessively absent during the 1996-97 school year.
Count 1 of the Administrative Complaint alleges that Respondent violated Section 231.28(1)(b), now Section 231.2615(1)(b), Florida Statutes (2000), in that Respondent is incompetent to teach or to perform duties as an employee of the public school system. Petitioner has proven by clear and convincing evidence that Respondent failed to grade her students, to keep records of their performance, and to even have lesson plans. She was rated unacceptable on the TADS evaluation performed October 23, 1996, thereby proving that she lacked the minimum competencies necessary for a classroom teacher.
Although given a prescriptive plan to cure her deficiencies, she failed to comply, and her deficiencies were not corrected.
Count 2 of the Administrative Complaint alleges that Respondent violated Section 231.28(1)(f), now Section 231.2615(1)(f), Florida Statutes (2000), in that Respondent's personal conduct constitutes misconduct which has seriously reduced her effectiveness as an employee of the School Board. Petitioner has proven by clear and convincing evidence that Respondent's aggressive outbursts, one of which caused her to be physically removed from her principal's office and then the campus of Lake Stevens Middle School, have seriously reduced her
effectiveness as an employee. Further, Respondent's continuing pattern of refusal to follow reasonable directives given by her superiors at the school site and by her superiors at the Office of Professional Standards has seriously reduced her effectiveness as an employee.
Count 3 of the Administrative Complaint alleges that Respondent violated Section 231.28(1)(i), now Section 231.2615(1)(i), Florida Statutes (2000), in that Respondent has violated the Principles of Professional Conduct for the Education Profession in Florida. Count 4 of the Administrative Complaint alleges that the Principle violated by Respondent is Rule 6B-1.006(3)(a), Florida Administrative Code, in that Respondent has failed to make reasonable effort to protect the students from conditions harmful to learning. Petitioner has proven by clear and convincing evidence the allegations in Counts 3 and 4 of the Administrative Complaint. By failing to have lesson plans and by failing to give quizzes or examinations to her fifth- and sixth-period classes or providing any other basis by which her students could be legitimately evaluated, Respondent has failed to make a reasonable effort to protect her students from conditions harmful to learning.
Respondent offered no mitigating evidence. On the other hand, Petitioner has proven that Respondent's conduct during the 1996-97 school year was not only serious but also
somewhat outrageous. The only appropriate penalty to be imposed in this cause is the permanent revocation of Respondent's license as a teacher in the State of Florida.
Based on the foregoing Findings of Fact and Conclusions of Law, it is
RECOMMENDED that a final order be entered finding Respondent guilty of the allegations contained in the Administrative Complaint filed against her and permanently revoking her teaching certificate.
DONE AND ENTERED this 17th day of September, 2001, in Tallahassee, Leon County, Florida.
LINDA M. RIGOT
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 www.doah.state.fl.us
Filed with the Clerk of the Division of Administrative Hearings this 17th day of September, 2001.
COPIES FURNISHED:
Kathleen M. Richards, Executive Director Education Practices Commission Department of Education
325 West Gaines Street, Room 224E Tallahassee, Florida 32399-0400
J. Wiley Horton, Esquire Pennington Law firm
Post Office Box 10095 Tallahassee, Florida 32302-2095
Jerry W. Whitmore, Chief Bureau of Educator Standards Department of Education
325 West Gaines Street, Room 224E Tallahassee, Florida 32399-0400
Helen B. Williams
Post Office Box 551894
Carol City, Florida 33055-0894
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.
| Issue Date | Document | Summary |
|---|---|---|
| Dec. 28, 2003 | Other | |
| Dec. 27, 2002 | Mandate | |
| Dec. 11, 2002 | Opinion | |
| Dec. 02, 2001 | Agency Final Order | |
| Sep. 17, 2001 | Recommended Order | Revocation of teaching certificate due to teacher`s aggressive emotional outbursts and repeated and continuing refusal to comply with reasonable directives given by her superiors. |
