STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF LEE COUNTY, ) FLORIDA, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1946

)

BRENT MARSHALL CAIL, )

)

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, in Ft. Myers, Florida.

APPEARANCES

For Petitioner: Harry Blair, Esquire

Post Office Box 1467 Ft. Myers, Florida

For Respondent: Brent Marshall Cail appeared in his own

behalf.

By this Petition, the School Administration of Lee County, Florida, seeks to expel Brent Marshall Cail on charges that on November 4, 1975, while a student at Riverdale High School, he engaged in fighting and throwing chairs and has a history of continuing misconduct.

On November 4, 1975, during the altercation which occurred at Riverdale High School, Cail was not involved in the original fighting; however, he decided to intercede and started the chair throwing. Following his throwing of the first chair, some 20 to 30 chairs were thrown by various students. Fortunately no serious injuries resulted from students being struck by these chairs. These chairs have metal legs and backs with a hard fiberboard at the seat and back.

All students in the school had been instructed that the throwing of chairs and other furniture would not he tolerated and would lead to expulsion.

Call has had 8 disciplinary referrals back to December, 1973. This is the third referral in 1975 for fighting. On those prior occasions, he was warned that the authorities would not tolerate this type of conduct. His last four disciplinary cases involved fighting and as a result of each of those incidents he was suspended.

From the foregoing it is concluded that Cail is guilty as alleged.

Furthermore it is to be noted that he was a prime mover in instigating what could have been a very serious riot at the Riverdale High School. It is apparent that he is more than willing to engage in any altercation -

particularly if there are black students involved. He is one of those who is continually, or appears to be continually, spoiling for a fight. As a result he is a disciplinary problem at Riverdale High School and will be a disciplinary problem at any other school which he attends until such time as he changes his attitude. It is therefore,

RECOMMENDED that Brent Marshall Cail be expelled.

DONE and ENTERED this 24th 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

Filed with the Clerk of the Division of Administrative Hearings this 24th day of December, 195.

COPIES FURNISHED:

Harry Blair, Esquire Post Office Box 1467

Fort Myers, Florida 33902

Mr. Carl Cail, and Brent Marshall Cail 3950 Lora Street

Fort Myers, Florida 33901

Docket for Case No: 75-001946

Orders for Case No: 75-001946