STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LEE COUNTY SCHOOL BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 76-001

)

GERARD HUTCHINS, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came up for hearing before the undersigned hearing officer, Director, Division of Administrative Hearings, at the offices of the Lee County School Board, 3308 Canal Street, Ft. Myers, Florida, at 11:00 a.m. January 19, 1976, concerning the petition of the Lee County School Board seeking to dismiss the Respondent, a student from the public school system of Lee County. The petition in pertinent part charged that on December 16, 1975, while a student at Lee Middle School, the Respondent locked a female student in a girls' rest room and by the use of force, involving the use of a knife, attempted to sexually attack her.

APPEARANCES

For Respondent: Gerard Hutchins

213 Michigan Court

Fort Myers, Florida 33901

and

Mrs. Ozell Hamilton

213 Michigan Court

Fort Myers, Florida 33901

The facts clearly established the truth of the above allegations. Briefly, the Respondent, age 13, was seen coming out of a girls' rest room shortly after a female student, Rosa Barbosa, age 14, left that rest room in a distressed state. Miss Barbosa related that the Respondent had attacked her and at the trial Miss Barbosa testified verifying the truth of the allegations. She testified, through an interpreter, that the Respondent entered the girls' rest room shortly after she did, locked the door, and tried to forcibly disrobe her. She testified the Respondent had a knife and hit her with the handle of it at least once.

The Respondent has a history of misconduct, particularly of molesting female students, and has been a constant problem through much of his school career. Emory Williams, a youth counselor with the Division of Youth Services, testified that he was familiar with the Respondent Gerard Hutchins, and stated that he will be examined on January 26 in compliance with an order of the Circuit Court regarding whether he need be committed to a state institution. It appears the Respondent needs some psychiatric evaluation and treatment. It is,

therefore, Recommended that the Respondent, Gerard Hutchins, be dismissed from the Lee County School system.

DONE and ORDERED this 28th day of January, 1976, in Tallahassee, Florida.

KENNETH G. OERTEL

Director

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 28th day of January, 1976.

COPIES FURNISHED:

Harry A. Blair, Esquire Attorney, Lee County School Board

Post Office Box 1467

Docket for Case No: 76-000001

Orders for Case No: 76-000001