STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF MONROE COUNTY, ) FLORIDA, )

)

Petitioner, )

)

vs. ) CASE NO. 76-614

)

GORDON COLLINS, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held in the above-captioned matter, after due notice to the parties, at Marathon, Florida, on May 11, 1976, before the undersigned Hearing Officer.

APPEARANCES

For the Petitioner: Glenn Archer, Jr.

Assistant Superintendent Post Office Drawer 1430 Key West, Florida 33040

For the Respondent: Peter Lenzi, Esquire

Post Office Box 938 Marathon, Florida 33050

ISSUE

Respondent's alleged violation of Monroe County District School Board Policy Rule 2.5.1 on or about January 8, 1976, by possession of marijuana on school grounds.

FINDINGS OF FACT

1. Respondent is a 16 year old, 11th grade high school student attending Marathon High School, Marathon, Florida.

   
   

2. On January 8, 1976, Respondent was found in possession of 32 grams of marijuana on the grounds of Marathon High School. (Stipulation of the Parties)

   
   

3. On April 21, 1976, the Circuit Court of Monroe County, Florida, accepted Respondent's plea of guilty to a charge of possession of marijuana, withheld adjudication as a delinquent and placed him on probation for a period of six months under the supervision of a Youth Counselor, State of Florida Youth Services Division. Conditions of probation included a curfew, weekly meetings with the counselor and part-time employment while attending school. (Testimony of Seale)

4. At the time of his apprehension, Respondent admitted possession of marijuana to authorities and cooperated with them by divulging its source. Respondent denies any prior arrests and, in the opinion of the Youth Counselor, he is not likely to commit an offense of this nature in the future. He has evidenced remorse and desires to continue attendance at the high school. The Youth Counselor feels that it would serve no useful purpose to prevent him from further attendance. (Testimony of Seale, Collins)

   
   

5. Respondent is not a problem student nor is he considered to be incorrigible or a socially maladjusted child. An alternative to expulsion exists at Marathon High School in the form of a rehabilitative program for socially maladjusted children that is supervised by one instructor who exercises close supervision over the students in the program. A student who is expelled from high school may enter an evening adult education program whereby he can acquire necessary academic credits by attending evening classes. The principal of Marathon High School recommends that Respondent be expelled because of the seriousness of his offense as evidenced by the unusually large amount of marijuana. (Testimony of Gradick)

   
   

   CONCLUSIONS OF LAW

   
   

6. Section 232.26(2), Florida Statutes, provides for the discipline or expulsion of a public school pupil for unlawful possession of any substance controlled under Chapter 893, Florida Statutes. Marijuana or "cannabis," as identified in that Chapter, is a controlled substance, the possession of which in an amount of over 5 grams is punishable as a felony of the third degree. (Section 893.13(1)(e))

   
   

7. Section 232.41 provides that school boards have full power and authority to enforce the provisions of Chapter 232 and to prescribe and enforce such rules and regulations as are necessary for carrying out the provisions of such law by suspending or, if necessary, expelling any pupil who refuses or neglects to observe those statutory provisions. The Petitioner has implemented Section 232.41 by the promulgation of Monroe County District School Board Policy Rule 2.5.1 (Exhibit 1) which provides pertinently as follows:

   "2.5.1 Narcotics, Marijuana, Harmful Drugs Prohibited The possession of...marijuana...on school property

   is prohibited...any student who is apprehended with

   marijuana...in his...possession on school property shall be suspended by the principal. The principal shall bring all violations of this policy to the attention of the School Board which may further suspend or expell (sic) from the regular public school program according to applicable Florida Statutes and State Board Regulations and/or may permit the student to participate in rehabilitative programs approved by the School Board as part of the Board's disciplinary action.

   * * *

   Students in these categories may attend the District's Adult Education Program."

   
   

8. The facts in this case are not in dispute. The parties have stipulated to Respondent's possession of 32 grams of marijuana on the Marathon High School

   grounds on or about January 8, 1976. The sole question for decision is the appropriate disposition to be made of the student for the acknowledged offense.

   
   

9. Section 232.26(2) provides that any pupil subject to discipline or expulsion for unlawful possession of any substance controlled under Chapter 893 may be entitled to a waiver of the discipline or expulsion if he divulges information leading to the arrest and conviction of the person who supplied such controlled substance to him, or if he voluntarily discloses his unlawful possession of such controlled substance prior to his arrest. No evidence was presented that would show the applicability of either exemption in Respondent's case, even though he did provide information as to the source of the marijuana.

   
   

10. In determining an appropriate penalty, consideration should be given to the fact that Respondent is apparently a first offender and has not otherwise been a disciplinary problem at the high school. Further, his cooperation with law enforcement authorities and admission of guilt, plus the recommendation of his Youth Counselor against expulsion warrant consideration. On the other hand, the principal of the school recommends the severe sanction of expulsion due to the seriousness of the offense. Her recommendation should be given great weight because she is the person charged with the overall supervision of the school and is most knowledgeable as to the need for adherence to law and regulations in the school setting. It goes without saying that a school district cannot function effectively without firm and adequate disciplinary sanctions for violations of the law. Its actions in this regard serve not only to punish the offender but also provide a strong deterrent against repetition of such violations by the offender and other students.

    
    

11. Suspension or assignment to the school rehabilitative program would not adequately serve the ends of justice in this case. It is concluded that the Respondent should be expelled from the regular school program. It should be noted, however, that if expelled, Respondent will remain eligible to attend the District's Adult Education program. Further, at the hearing Petitioner's Representative advised that any expulsion would not be made effective until the close of the current school year.

RECOMMENDATION

That Respondent, Gordon Collins, be expelled from Marathon High School, Marathon, Florida, effective June 8, 1976, for violation of Monroe County District School Board Policy Rule 2.5.1, by possession of marijuana on the school grounds on or about January 8, 1976.

DONE and ENTERED 14th day of May, 1976, in Tallahassee, Florida.

THOMAS C. OLDHAM

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

Filed with the Clerk of the Division of Administrative Hearings this 14th day of May, 1976.

COPIES FURNISHED:

Glenn Archer, Jr. Assistant Superintendent Post Office Drawer 1430 Key West, Florida 33040

Peter Lenzi, Esquire Post Office Box 938 Marathon, Florida 33050

Docket for Case No: 76-000614

Orders for Case No: 76-000614