STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT OF ) EDUCATION, PROFESSIONAL )

PRACTICES COUNCIL, )

)

Petitioner, )

)

vs. ) CASE NO. 79-1147

)

JOHN A. LETTELLEIR, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on September 17, 1979, in Tallahassee, Florida. 1/

APPEARANCES

For Petitioner: J. David Holder, Esquire

Suite 224, 110 North Magnolia Drive

Tallahassee, Florida 32301

For Respondent: John D. Pettigrew, Esquire

Post Office Box 217

408 Seventh Street Palmetto, Florida 33561

ISSUE

At issue herein is whether or not the Respondent's teaching certificate should be revoked for conduct which will be set forth hereinafter in detail which is allegedly violative of Sections 231.09 and 231.28, Florida Statutes, and Rules 6A-4.37 and 6B-1, Florida Administrative Code.

FINDINGS OF FACT

1. Based upon my observation of the witnesses and their demeanor while testifying, the argeements of counsel, the stipulation of the parties entered on June 7, 1979, and the entire record compiled herein, the following facts are found.

   
   

2. The Florida Professional Practices Council (sometimes referred to as "Petitioner") received a report from the Superintendent of Pinellas County Schools on October 24, 1977, indicating that the district had reason to believe that there might be probable cause for revocation of the teaching certificate of John A. Lettelleir, Respondent. Pursuant to this report, and under the authority contained in Section 231.28, Florida Statutes, Petitioner's staff conducted a professional inquiry into the matter and on January 9, 1978, made

   its report to the Executive Committee of the Professional Practices Council.

   The Executive Committee recommended that the Commissioner of Education find that probable cause exists to believe that Respondent is guilty of acts which provide grounds for the revocation of his Florida teacher's certificate.

   
   

3. The Commissioner of Education found probable cause and directed the filing of a Petition on January 9, 1978, pursuant to the authority vested under Section 6A-4.37, Rules of the State Board of Education, and Section 231.28, Florida Statutes. In conclusionary allegations, the Petition cites that the Respondent engaged in acts which are "immoral, seriously reduced his effectiveness as a School Board employee and was not a proper example or model for students and not in the best interests of the health and safety of students" contra to Section 231.09; 231.28, Florida Statutes, and Rule 6A-4.37 and 6B-1, Rules of the State Board of Education.

   
   

4. Respondent currently holds a Post-graduate, Rank II, Florida Teacher's Certificate No. 347804, covering elementary education, early childhood and junior college, which is valid through June 30, 1985. Respondent was employed in the Public Schools of Pinellas County as a teacher at Maximo Elementary School during the 1976-77 school year. Respondent resigned from his teaching position in the Pinellas County School System in October, 1977.

   
   

5. Respondent chaperoned a three day Easter trip for male and female school children from Maximo Elementary School in April of 1976. The trip required three nights away from home for these children. On two of these nights, Respondent shared a sleeping bag with one of his male students. On both nights, Respondent improperly touched the student.

   
   

6. During the fall of 1976, three male school children from Maximo Elementary School spent the night at Respondent`s home. The boys slept in Respondent's bedroom. Respondent slept in a double bed with one of the three students and improperly touched the student.

   
   

7. Sandra McMichael and Louanne Crawford, teachers in the Pinellas County School System, appeared and testified respecting their relationship with the Respondent. Ms. McMichael and Ms. Crawford both related their professional involvement with Respondent and it suffices to say, in summary fashion, that they considered the Respondent a person of unquestionable character. (TR 20-57 of Joint Exhibit 2.)

   
   

8. During the hearing, Respondent testified respecting the agony which the subject incident has brought to his family. Among other things, he stated that he only stipulated to the facts contained in Joint Exhibit 1 based on counsel's advice and their considered joint opinion that without regard to the outcome of his proof or innocence by a contested hearing in this matter, that ultimately he would have gained nothing based on the wide publicity which attaches to such hearings involving public figures. Therefore, Respondent, while maintaining his innocence of the material accusations against him, reluctantly entered into the stipulation which admits improper touching of a male student, in order to satisfy the apparent interpretation of Rule 6A-4.37, Rules of the State Board of Education during a prior hearing in this matter on August 15, 1979. Such an interpretation requires an admission of wrongdoing as a predicate to surrender of a teacher's certificate for less than permanent revocation.

   
   

9. Based on the foregoing and the parties' joint stipulation for less than permanent revocation, i.e., five years, the undersigned is of the considered opinion that sufficient basis exists to support a favorable recommendation to

   the Board of Education for a five (5) year revocation with the running of the revocation period commencing in October, 1977, the date of Respondent's resignation from the Pinellas County School System. I shall so recommend.

   
   

   CONCLUSIONS OF LAW

   
   

10. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Subsection 120.57(1), Florida Statutes.

    
    

11. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

    
    

12. The authority of the Petitioner is derived from Chapter 231, Florida Statutes, and Rules 6A and 6B of the State Board of Education.

    
    

13. Competent and substantial evidence was offered to establish that the Respondent's conduct, while offensive, does not warrant the ultimate penalty of permanent revocation.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby,

RECOMMENDED:

That the Respondent's teacher's certificate, No. 347804, be revoked for a period of five (5) years with entry of the revocation period commencing on October, 1977, the date of Respondent's resignation from the Pinellas County School System.

ENTERED this 2nd day of November, 1979, in Tallahassee, Florida.

JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

ENDNOTES

1/ Pursuant to leave, Respondent's counsel was permitted through October 8, 1979, to file responses to Petitioner's Exhibit 1, a compilation of prior precedents submitted by Petitioner's counsel showing the types of penalties recommended by Petitioner for similar acts and/or conduct. Respondent's response was considered by me in preparation of this Recommended Order.

COPIES FURNISHED:

J. David Holder, Esquire

Suite 224, 110 North Magnolia Drive

Tallahassee, Florida 32301

John D. Pettigrew, Esquire Post Office Box 217

408 Seventh Street Palmetto, Florida 33561

Professional Practices Council Room 3, 319 West Madison Street

Tallahassee, Florida 32301

Docket for Case No: 79-001147

Orders for Case No: 79-001147