STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MIAMI-DADE COUNTY SCHOOL BOARD, )

)

Petitioner, )

)

vs. ) Case No. 06-2919

)

CARLOS LEGOAS, )

)

Respondent. )

)

RECOMMENDED ORDER OF DISMISSAL

This case came before the undersigned on the Motion to Strike S.G. as a Witness and the Motion to Dismiss Petition to Terminate Respondent's Employment, filed by the Respondent on January 29, 2007. A hearing was held on the motions on January 31, 2007, with counsel for the parties attending by telephone.

This case involves the decision of the Miami-Dade County School Board ("School Board") to initiate dismissal proceedings against the Respondent based on allegations that he engaged in inappropriate conduct with a female student attending the high school at which he taught. The facts to which the parties have stipulated are as follows:

1. The student is a former student of the Respondent, and the allegations she made against the Respondent served as the

   basis for his arrest on criminal charges and for the School Board's decision to initiate dismissal proceedings against him.

2. The criminal charges against the Respondent were dropped by the State Attorney's office.

3. Beginning on December 5, 2006, the parties have attempted to take the deposition of the student.

4. A deposition of the student was scheduled for

   
   

   December 5, 2006, but was cancelled after the student's counsel advised that the student would not appear for deposition on that date.

5. The School Board, with the agreement of the student's counsel, re-scheduled her deposition for December 13, 2006, and, pursuant to agreement, a subpoena for the deposition was served on the student's counsel. On December 12, 2006, the student's counsel contacted the School Board's attorney and stated that the student would not appear for the December 13, 2006, deposition.

6. The student's deposition was re-scheduled for January 26, 2007. The student was served with a subpoena for the deposition. On the morning of January 26, 2007, the

   student's counsel contacted the School Board attorney and stated that the student would not appear for the deposition that was scheduled to begin at 2:30 p.m. The student did not appear for the deposition.

7. The student's counsel has indicated that the student will not appear and give sworn testimony in this matter, and counsel for both the School Board and the Respondent believe that the student will not appear at the hearing scheduled for February 5, 2007.

8. Counsel for both the School Board and the Respondent have been unable to prepare their respective cases because of the student's refusal to appear for the scheduled depositions, and they will be substantially and incurably prejudiced in their ability to present their respective cases if the student does not appear at the hearing to give sworn testimony.

Having considered the facts to which the parties have stipulated, the grounds for the motions, and the argument of counsel at the hearing, the student is stricken from the School Board's witness list. Because counsel for the School Board concedes that the testimony of this witness is essential to the School Board's ability to prove its case against the Respondent, the charges against the Respondent should be dismissed.

RECOMMENDATION

Based on the foregoing, it is RECOMMENDED that the Miami- Dade County School Board enter a final order dismissing all charges against Carlos Legoas, rescinding his suspension, and awarding back pay and benefits.

DONE AND ENTERED this 1st day of February, 2007, in Tallahassee, Leon County, Florida.

S

PATRICIA M. HART

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 1st day of February, 2007.

COPIES FURNISHED:

Mark Herdman, Esquire Herdman & Sakellarides, P.A.

29605 U.S. Highway 19 North, Suite 110

Clearwater, Florida 33761

Jean Marie Middleton, Esquire School Board of Miami-Dade County

1450 Northeast Second Avenue, Suite 400

Miami, Florida 33132

John L. Winn, Commissioner Department of Education Turlington Building, Suite 1514

325 West Gaines Street Tallahassee, Florida 32399-0400

Daniel J. Woodring, General Counsel Department of Education

Turlington Building, Suite 1244

325 West Gaines Street Tallahassee, Florida 32399-0400

Dr. Rudolph F. Crew, Superintendent Miami-Dade County School District 1450 Northeast Second Avenue, No. 912

Miami, Florida 33132-1394

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: 06-002919

Orders for Case No: 06-002919