STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PROFESSIONAL PRACTICES COUNCIL ) DEPARTMENT OF EDUCATION )

STATE OF FLORIDA, )

)

Petitioner, )

)

vs. ) CASE NO. 78-755

)

JEFFREY L. LEON, )

)

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 case on 26 June 1978 at Ft. Lauderdale, Florida.

APPEARANCES

For Petitioner: Daniel J. Wiser, Esquire

Post Office Box 1752 Tallahassee, Florida 32302

For Respondent: John B. DiChiara, Esquire

One Financial Plaza, Suite 1500 Ft. Lauderdale, Florida 33394

By Petition for the Revocation of Teacher's Certificate filed 13 February 1978 the Professional Practices Council (PPC or Petitioner) seeks to revoke the teaching certificate of Jeffrey L. Leon, Respondent, by reason of alleged personal conduct which seriously reduces his effectiveness as a teacher.

Specifically the Petition alleges that during the month of July 1977 Respondent took a 17 year old female student on 2 trips to Bimini from Ft. Lauderdale where they went to a bar and consumed alcoholic beverages; that during one of these trips this student used marijuana in the presence of Respondent; and that prior thereto Respondent had been warned by his administrators regarding questionable conduct with his students. At the hearing two witnesses were called by Petitioner, 12 witnesses, including the Respondent, testified on behalf of the Respondent, and 14 exhibits were offered into evidence. Two of these exhibits are depositions of witnesses who were out of the state at the time of the hearing. All exhibits were admitted except Exhibit 10, the investigative report of the alleged incidents, the author of which was present to testify. Having considered all evidence produced the following is submitted.

FINDINGS OF FACT

1. Jeffrey L. Leon was employed on annual contract by the Broward County School Board at Deerfield Beach High School during the school year 1977-78 in the capacity of administrative assistant (or dean) . Although the dean's

   functions were not fully explained deans act as counsellors to students and every student is assigned to a dean. At Deerfield Beach High School there are 4 deans and 2400-2600 students giving each dean some 600 students.

   
   

2. Since problem students have more occasion to have contact with the dean than do students without problems, it is also evident that deans spend most of their time with the students having problems in, e.g., attendance, discipline, parental and drugs.

   
   

3. In July 1977 Respondent took one of the students who was assigned to him during the school year, Deborah Kuhn, to Bimini on two occasions where they remained overnight or longer. This was the month of Debbie's 17th birthday. On the first trip another couple was also on the boat and at Bimini all stayed at the home of a friend of Respondent's. On the second Bimini trip three other men accompanied Debbie and Respondent. On one of these trips Respondent accompanied Debbie to a bar where they consumed about 3 drinks. It is legal for a minor to drink in Bimini. The time was spent in Bimini diving and fishing and that appeared to be the prime purpose of the trip.

   
   

4. This incident came to the attention of the principal of Deerfield Beach High School when he received a letter from the parents of Debbie in January 1978. The allegations were subsequently investigated and, when interrogated by the investigator, Debbie emphatically stated on each of the 3 occasions that no sexual relations with Respondent occurred on these trips. She did acknowledge smoking pot on one occasion on the boat and taking a quaalude. This was not in the presence of Respondent, although he was on the boat and became aware of the use of pot while it was going on.

   
   

5. The evidence wad unrebutted that Debbie Kuhn had been a problem to her parents since she was about 12 when she became involved with drugs and alcohol. She admitted to the use of marijuana, quaaludes and cocaine. At one time while attending Deerfield Beach High School she was also involved with selling marijuana which was apparently supplied by her boyfriend. During the period Debbie acknowledged dealing in pot she was living with a girlfriend in an apartment on the beach. The situation at home had reached the point Debbie's parents exercised no effective control and were ready to give up on her. Accordingly when she suggested she move to the apartment her parents consented. The school was advised by the Kuhns not to call them if Debbie was late, came to school stoned, et cetera. At this time Debbie was described by Respondent as "hard core" and difficult to convince to alter the pattern of her life.

   
   

6. According to Respondent he made the offer to Debbie to go to Bimini for the purpose of showing her another side of life unassociated with drugs in the hope that she could be induced to change her life style. Respondent acknowledged that Debbie smoked pot on one occasion on the first trip to Bimini. However, the smoking had started while he was diving for lobsters and he became aware of it when he came aboard. As one actively opposed to the use of any drugs Respondent stayed outside the cabin in the rain until the smoking had ceased.

   
   

7. Respondent emphatically denied any sexual involvement with Debbie at Bimini while in her testimony Debbie stated she had sexual intercourse with Respondent on each of the two trips to Bimini. This testimony was objected to by Respondent on grounds that no such conduct was alleged and evidence of unalleged misconduct was not admissible. The objection was overruled by the Hearing Officer.

8. Witnesses testifying on behalf of Respondent included police, teachers, other deans, and parents. Three parents whose children Respondent had helped averred that without the efforts of Respondent these children would not have remained in school. One witness's children had dropped out of Deerfield Beach High School after Respondent was transferred. One of the parents was a former dean and current principal of a middle grade school. He and his wife both consider Respondent to have had a highly beneficial effect on their boys while under his supervision, without which at least one of these boys would not have graduated. This parent would be delighted to have Respondent as a dean at his school. The third parent also credited Respondent's interest in her son and the diversion of his energies into athletics with saving him from dropping out of school aid leading him into a currently successful life.

   
   

9. Other deans at Deerfield Beach High School described Respondent as effective, competent, and a hard worker who was vitally interested in the welfare of the students. These deans have worked with Respondent for several years and not only expressed high regard for Respondent but also had heard no rumors regarding the Bimini trip which adversely reflected on Respondent at the school.

   
   

10. Respondent has cooperated with the police by turning in names of students suspected of dealing in drugs. Some dealers had girlfriends in Deerfield Beach High School who they were using to distribute pot.

    
    

11. Respondent supported all school programs by his presence and encouragement to students to attend. He established excellent relations with both the latin community and the black community. In each of these communities he was accepted and respected. He had the reputation of being fair to all and unalterably opposed to drugs.

    
    

12. The Petition mentioned two prior incidents in which Respondent's judgment in his involvement with children had been questioned. The first involved a female student assigned to another dean who had a serious psychological problem induced by molestation by her stepfather. She was also involved with drugs. Whether the molestation precipitated the drug use was not clear but it did aggravate the problem and, on one occasion, caused the child to take 17 or 18 valium one day enroute to school. When called and told their daughter was sick, her parents would not come for her. Subsequently the student ended up in a psychiatric hospital where her only visitors were Respondent and the other dean (a woman). Upon her release from the hospital she stayed with Respondent and his wife for two to three weeks, then for a while with the other dean before returning to her home. This student credits these two deans with her salvation. Respondent's action in allowing this student to stay at his home was the previous conduct questioned by the principal but the principal was happy with the results.

    
    

13. The other incident referred to in the Petition involved an allegation that Respondent had called a female student assigned to him and offered to take her to dinner without advising the child's parents. When the parents so advised the school Respondent insisted on a meeting with the parents at which all questions were resolved. It was undisputed that Respondent, in order to improve a student's dress or cleanliness would offer a prize or bet if they could improve within a specified time. In the incident referred to Respondent had advised the girl he would bet her a dinner that she couldn't let her fingernails grow and be kept clean for 30 days. She won the wager and something she said to her parents led them to write to the principal. When one of these wagers was lost by Respondent the winner was treated to a hamburger at McDonald's.

14. From all the evidence presented it is clear that when resolving the conflicting testimony given by Debbie and the Respondent the latter is much more worthy of belief. Debbie's reputation for truth and veracity was poor. While Respondent could be considered to have a self-preservation motive in not telling the truth with respect to his involvement with Debbie, the latter also had a motive for prevarication with respect to Respondent. The first statement by Debbie regarding sexual involvement with Respondent was made to her parents while Debbie was trying to move back to her parents' home. It was also after she had been suspended from school for 3 days by Respondent and after learning that Respondent had turned her name into the police as a drug suspect.

    
    

15. Unfortunately no detailed testimony surrounding the alleged intercourse, such as time, place and other detailed circumstances, was elicited from which the more probable testimony could have been ascertained.

    
    

16. Respondent is an activist in looking out for his students (as well as perhaps all of this age group) . This included non-school time looking for runaways, attending school sports events and social events as an encouragement to students to also attend, coaching a wrestling team after his regular school hours and generally being available for consultation at all hours.

    
    

17. From all the testimony and evidence presented no credible testimony was submitted to prove by a preponderance of the evidence that Respondent had sexual relations with one of his students or that taking this student on an overnight trip to Bimini seriously reduced his effectiveness as an employee of the School Board. In fact little evidence was introduced to show that this incident even slightly reduced Respondent's effectiveness. The Deerfield Beach High School principal's source of information that some of the students were aware of disciplinary action against Respondent was that two of these students had presented to him a petition protesting Respondent's transfer from Deerfield Beach High School as a result of the charges considered at this hearing.

    
    

    CONCLUSIONS OF LAW

    
    

18. Revocation of Respondent's certificate is sought pursuant to Section

    1. Florida Statutes which provides in pertinent part:

       
       

       The Department of Education shall have the authority to ... revoke the teaching certifi- cate of any person ... provided:

       1. It can be shown that such person ... upon investigation has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board ....

    
    

19. As noted above the evidence is insufficient to show that Respondent's conduct involving Deborah Kuhn was such that it seriously impaired his effectiveness with the Broward County School Board. While, in the eyes of many people, Respondent would be considered foolish to allow himself to be placed in a position where impropriety can readily be inferred, this is not the same as committing improper acts.

    
    

20. At the time Respondent took Debbie to Bimini, regardless of his motives, she was estranged from her parents who apparently considered Debbie emancipated and no longer their responsibility. Under these conditions an

    activist such as Respondent could well believe a drastic diversion, which he considered a fishing trip to Bimini to be, could do much to change Debbie's outlook on life and diminish the attractiveness of drugs.

    
    

21. From the foregoing it is concluded that Respondent committed an error in judgment in putting himself in a position where misconduct on his part could be inferred. However, it is further concluded that no credible evidence of misconduct on the part of Respondent was shown which could or did seriously reduce his effectiveness as an employee of the school board. It is therefore

RECOMMENDED that the charges be dismissed. DONE AND ENTERED this 2nd day of August, 1978.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 101, Collins Building

Mail: Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Daniel J. Wiser, Esquire Post Office Box 1752 Tallahassee, Florida 32302

John B. DiChiara Esquire Suite 1500

One Financial Plaza

Ft. Lauderdale, Florida 33394

Mr. Tom Benton

Professional Practices Council

319 West Madison Street Tallahassee, Florida 32304

Docket for Case No: 78-000755

Orders for Case No: 78-000755