STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF LEE COUNTY, ) FLORIDA, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1942

)

WILLIAM ONEAL ROSE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated hearing officer, K. N. Ayers, held a public hearing in the above styled cause on December 17, 1975, at Fort Myers, Florida.

APPEARANCES

For Petitioner: Harry Blair, Esquire School Board Post Office Box 1467

Fort Myers, Florida 33902

For Respondent: William O'Neal Rose

testified in his own behalf

By this Petition, the School Administration of Lee County, Florida, seeks to expel William O'Neal Rose on charges that on November 4, 1975 he initiated the fight that nearly resulted in a riot of the students at Riverdale High School and that he has a history of continuing misconduct which warrants his expulsion.

During a class change period on November 4, 1975, while walking through the common area, Neal Rose, a white student struck a black student without provocation. This incident triggered off a near riot which resulted in many of the charges that were heard on this date by the hearing officer. Only prompt action by principals and teachers prevented serious injury to many students. At the time Respondent struck the black student, James Holloway, several white students intervened, and several blacks intervened. Then commenced the throwing of chairs and other disorderly conduct.

Subsequent investigation and testimony from Neal Rose indicated that the incident which led to his striking Holloway occurred the day before when they were in a physical education class and managed to get into some type of altercation. At the time of the incident the day before, Neal was outnumbered by the blacks and took no action. The following day when he decided to take action he did not have this encumbrance of being outnumbered. Neal recognizes that fighting is contrary to school policy; however, he felt he had been "pushed around" the day before and needed to take retribution.

From the foregoing it is concluded that William O'Neal Rose is guilty as alleged. It is further evident that he initiated, by his striking a black student, what nearly became a riot. Had the principals and other teachers not taken strong and effective action when they did, it is very likely that many students would have been injured and animosities would have continued for a considerable period of time. If students are allowed to engage in fights inside the school premises with inpunity it would be relatively impossible for the principal and teachers to maintain any type of order and discipline. It is therefor,

RECOMMENDED that William O'Neal Rose be expelled from Riverdale High School.

DONE and ENTERED this 20th day of December, 1975, in Tallahassee, Florida.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Harry Blair, Esquire Post Office Box 1467

Fort Myers, Florida 33902

Mr. Joe Rose, and William O'Neal Rose 4458 Armeda Avenue

Fort Myers, Florida 33905

Docket for Case No: 75-001942

Orders for Case No: 75-001942