STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CITRUS COUNTY SCHOOL BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 77-2201

)

ALLEN P. HENRY, JR., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Michael R. N. McDonnell, Hearing Officer for the Division of Administrative Hearings, at 9:30 a.m., on February 21, 1978, at the Citrus County School Board Administration Building, 1507 Main Street, Inverness, Florida.

Petitioner was represented by Jeffrey I. Pattinson, Esquire, Post Office Box 1506, Crystal River, Florida. Respondent was represented by Ronald G. Meyer, Esquire, Suite L500, 325 John Knox Road, Tallahassee, Florida.

Petitioner, Citrus County School Board (hereafter School Board), seeks to suspend Respondent, Allen P. Henry, Jr. (hereafter Henry), from his duties as a teacher and employee of the Citrus County School District, Citrus County, Florida, without pay for the school year 1977-78, effective December 1, 1977.

These proceedings arise by virtue of allegations that Henry was guilty of misconduct in office, gross insubordination, and willful neglect of duty in quelling a disturbance in one of his classes. Respondent contends that Petitioner has failed to prove its case against him.

FINDINGS OF FACT

1. On November 10, 1977, Henry was employed as a teacher working under a continuing contract for the Citrus County School Board in Citrus High School, Inverness, Florida. At or about 12:35 p.m., on that date, Henry was responsible for a fourth period driving education class.

   
   

2. At that time, class was beginning when Henry removed himself from the classroom to investigate a commotion in the hallway. The door of the classroom swung shut by itself and the lights to the classroom were switched off. A general commotion ensued in the classroom.

   
   

3. After a brief period of time, Henry reentered the classroom and closed the door behind him. Henry removed his belt from his pants and did not turn on the lights. There was very little light in the classroom because the room had only two windows, one leading to an interior office which had no light on and the other approximately 1 square foot in size and located in the door leading to the hallway. There was, however, barely enough light for some students to observe the ensuing sequence of events.

4. Henry then angrily asked the class who had turned the lights off and at the same time swung his belt in a threatening manner striking not only desks in the classroom but also a student, one Tracy White, between one and five times on the leg. Miss White was not seriously injured but she did experience some anxiety. One other student shared Miss White's concern for her personal welfare and moved from her seat near Miss White to another portion of the room in which she was out of danger. The incident was terminated several minutes later when someone turned the lights on.

   
   

5. On September 8, 1977, a recommended order was entered in Citrus County School Board v. Allen P. Henry, Jr., Case No. 77-970, Division of Administrative Hearings, which order was adopted by the Citrus County School Board on September 27, 1977. In that case, Henry was found to have used his belt to break up a fight between students. It was concluded that such injudicial use of force constituted inconsiderate treatment of the pupils and it was recommended that Henry be formally advised by the School Board that the methods he employed were improper and were not to be repeated. On September 30, 1977, the School Board mailed a letter to Henry, which letter Henry subsequently received, referring to the recommended order of the Hearing Officer and advising Henry that the methods he employed in the circumstances of that case were improper and were not toe be repeated.

   
   

   CONCLUSIONS OF LAW

   
   

6. The School Board has charged Henry with three violations of Subsection 231.35(6), Florida Statutes; misconduct in office, gross insubordination and willful neglect of duty. Rule 6B-4.09(3), Florida Administrative Code, defines misconduct in office as

   
   

   . . .a violation of the Code of Ethics of the education profession so serious as to impair the individual's effectiveness in the school system.

   
   

7. Rule 6B-4.09(4), Florida Administrative Code, defines gross insubordination and willful neglect of duties as

   
   

   . . .a constant or continuing intentional refusal to obey a direct order, reasonable in nature, and given by and with proper authority.

   
   

8. Rule 6B-1.02(2)(c), Florida Administrative Code, a portion of the Code of Ethics of the Education Profession in Florida provides that in fulfilling his obligations to the student, the educator:

   
   

   shall make reasonable effort to protect the student from conditions harmful to learning or to health and safety.

   
   

9. Henry's injudicious, rash and unthinking swinging of his belt in a darkened classroom thereby hitting one of his students constitutes a failure to make reasonable effort to protect his students from conditions harmful to their health and safety. This appalling demonstration of his lack of that sound judgment required of one charged with the care of the young people is in and of itself so serious as to impair Henry's effectiveness in the School System. Accordingly, Henry is guilty of misconduct in office.

10. Henry had been given a direct order, reasonable in nature, by the School Board not to repeat the methods he employed in breaking up the fight between his students on May 3, 1977. This order was given by and with proper authority. It is concluded that Henry is guilty of gross insubordination and willful neglect of duties. It is, therefore,

RECOMMENDED that Henry be suspended without pay from his duties as a teacher and employee of the Citrus County School District for the school year 1977-78, commencing December 1, 1977.

DONE and ENTERED this 18 day of April, 1978, in Tallahassee, Florida.

MICHAEL R. N. MCDONNELL

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Jeffrey I. Pattinson, Esquire Post Office Box 1506

Crystal River, Florida 32629

Ronald G. Meyer, Esquire Suite 990, Lincoln Center 5401 West Kennedy Boulevard Tampa, Florida 33609

Mr. Roger Weaver Superintendent

Citrus County School Board 1507 West Main Street Inverness, Florida

================================================================= AGENCY FINAL ORDER

================================================================= CITRUS COUNTY SCHOOL BOARD

CITRUS COUNTY SCHOOL BOARD,

Petitioner,

1. Case No. 77-2201

   
   

   ALLEN P. HENRY, JR.,

   
   

   Respondent,

   
   

   
   

   RESOLUTION

   
   

   At a Special Meeting of the Citrus County School Board held in Inverness, Florida, on June 13, 1978, Board member David Langer made the following motion:

   
   

   RESOLUTION

   
   

   WHEREAS, in compliance with Florida law, it is necessary for the Citrus County School Board to take final agency action in the form of entry of a final order in regard to a recommended order entered by Hearing Officer Michael R. N. McDonnell on April 18, 1978, in the case of Citrus County School Board, Petitioner, v. Allen P. Henry, Jr., Respondent, State of Florida, Division of Administrative Hearings, Case No. 77-2201, a copy of which is attached and incorporated herein by reference; and

   
   

   WHEREAS, all of the members of the Citrus County School Board are present at this Special Meeting and have reviewed the complete record of the case for which this recommended order has been entered;

   
   

   NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

   
   

   1. The Exceptions To Recommended Order filed by attorney for Mr. Henry are denied.

      
      

   2. The Recommended Order attached hereto and above referred to is adopted and accepted as the final order of the Citrus County School Board except that the recommended penalty is increased and Allen P. Henry, Jr. is discharged as employee and his contract of employment with Citrus County School Board is thereby cancelled.

   3. This Resolution shall constitute a Final Order in accordance with Florida Statutes 120.57 and 120.59."

Motion seconded by Board member John Hodgkins and unanimously carried.

CITRUS COUNTY SCHOOL BOARD

By Wayne Ralph, Chairman

Attest

(seal) Roger Weaver, Superintendent

CERTIFICATE OF TRUE COPY AND SERVICE

The undersigned certifies that the forgoing is a true and correct original or copy of Resolution of Citrus County School Board on June 13, 1978, and that a copy was mailed to J. Pattinson, Post Office Box 1506, Crystal River, Florida 32629, Attorney for Citrus County School Board, and Mr. Ronald G. Meyer, 325 John Knox Road, Suite L-500, Tallahassee, Florida 32303, Attorney for Allen P. Henry, Jr. this 16th day of June, 1978.

Roger Weaver, Superintendent

Docket for Case No: 77-002201

Orders for Case No: 77-002201