STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF LEE COUNTY, ) FLORIDA, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1947

)

RONALD LEE TAPE, )

)

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

Post Office Box 1467

Fort Myers, Florida 33902

For Respondent: Ronald Tape testified in his own behalf.

By this Petition, The School Administration of Lee County, Florida, seeks to expel Ronald Lee Tape for engaging in a fight and throwing chairs on November 4, 1975, and having a long history of disciplinary and continuing misconduct.

On November 4, 1975, when the altercation involving other students started in the common area of Riverdale High School, Ron Tape voluntarily participated and commenced throwing chairs. He threw a chair at Ron Slayback who was also involved in one of the hearings this date. To better prepare himself for any further altercation that may have arisen, Ron Tape had taken off his belt and wrapped it around his fist as a weapon when the principal yelled to him to stop.

Since September, 1973 to present time, Ron Tape has had 18 disciplinary referrals for cutting up guides, fighting, insubordination, truancy, bringing alcohol on the school premises, absence without leave, and belligerency. On one occasion he told the Assistant Principal that an earlier fight was a colored situation and to clear up the bad blood between the blacks and the whites a riot was necessary.

While testifying in his own behalf, Tape acknowledged that he began throwing chairs, but he stated that he did not do so until after he had been struck by a chair. He also acknowledged that had the teachers not stepped in and stopped that fight when they did, it would have been a big riot and he would have been right in the middle of the entire fracas. Although he indicated that he attends school with a desire to learn, he did acknowledge that anytime a fight was available he was a participant.

From the foregoing it is concluded that Ronald Tape is guilty as alleged.

It is therefore,

RECOMMENDED that Ronald Tape be expelled from Riverdale High School.

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 day of December, 1975.

COPIES FURNISHED:

Harry Blair, Esquire Post Office Box 1467

Fort Myers, Florida 33902

Ronald Lee Tape

Michigan Court Apartments Apartment 364

4224 Michigan Avenue

Fort Myers, Florida 33901

Docket for Case No: 75-001947

Orders for Case No: 75-001947