STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
POLK COMMUNITY COLLEGE and the ) DISTRICT BOARD OF TRUSTEES, )
)
Petitioner, )
)
vs. ) CASE NO. 81-635
)
LARRY L. ROUSH, )
)
Respondent. )
) POLK COMMUNITY COLLEGE and the ) DISTRICT BOARD OF TRUSTEES, )
)
Petitioner, )
)
vs. ) CASE NO. 81-636
)
CARRIE MAE OLDHAM, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, a formal administrative hearing was conducted in the above matter on May 7 and 8, 1981, in Winter Haven, Florida. The following appearances were entered:
For Petitioner: Donald H. Wilson, Jr., Esquire
Boswell, Boswell & Conner Post Office Box 1578 Bartow, Florida 33830
For Respondents: Jack T. Edmund, Esquire
Edmund and McDaniel Post Office Box 226 Bartow, Florida 33830
and
Jesse C. Barber, Esquire
One Scenic Central Building, Suite 202 Lake Wales, Florida 33853
On for about February 23, 1981, the District Board of Trustees of Polk Community College adopted, by three-to-two vote, recommendations for reduction of the instructional staff at Polk Community College. The action included dismissal of the Respondents. Petitions seeking dismissal of the Respondents were filed and served. Respondents objected to the petitions and requested a formal administrative hearing. On March 25, 1981, the Petitioner forwarded the matters to the office of the Division of Administrative Hearings for the assignment of a Hearing Officer to conduct further proceedings. The final
hearing was scheduled to be conducted as set out above by notice dated April 8, 1981. Since common issues of fact and law are involved in the two matters, they were consolidated for further purposes with the agreement of all parties.
At the final hearing, the Petitioner called the following witnesses: Robert L. Collins, the Dean of Business Affairs at the Polk Community College; Daniel J. Costello, the Vice President of Polk Community College; Timothy G. Davies, the Dean of Instruction at the community college; Hershel Nelson, the Director of the Business and Social Science Division at the community college; and Helen Kerr, the Coordinator of Staff and Program Development at the
community college. The Respondents testified on their own behalf and called the following additional witnesses: Frederick T. Lenfestey, the President of Polk Community College; Clarence Holden, a member of the faculty at the community college; and James O. Niswonger, a member of the faculty at Florida Southern College. Petitioner's Exhibits 1 through 39, and Respondents' Exhibits 1 through 4 were offered into evidence and were received. Official recognition was taken of the rules of the Florida State Board of Education, 6A-14.411(4), (5), Florida Administrative Code; and Polk Community College Rule 3.17. The parties have submitted post-hearing legal memoranda. Respondents have submitted proposed findings of fact and conclusions of law. The proposed findings and conclusions have been adopted only to the extent that they have been expressly set out in the Findings of Fact and & Conclusions of Law which follow. They have been otherwise rejected as either not supported by the evidence or irrelevant to the issues.
The issues in this matter are whether Polk Community College is justified in the reduction of its professional staff, and, if so, whether the Respondents should be dismissed from their positions on the faculty
FINDINGS OF FACT
During October, 1980, the staff of Polk Community College prepared a cost analysis for the 1979-80 school year in accordance with requirements imposed by the State Board of Education. One of the purposes of this annual cost analysis is to allow comparison of costs among community colleges. The cost analysis for the 1979-80 school year indicated that Polk Community College had high instructional costs per full-time student in comparison to other community colleges. The District Board of Trustees of Polk Community College accordingly requested that the college staff conduct further studies to examine the cost effectiveness of the instructional program. These further studies revealed that Polk Community College employs more full-time instructors in various academic fields than there are classes available for the instructors to teach. This situation is the apparent result of a shift in student demand.
The social science grouping of academic subjects is among those which has been overstaffed with instructional personnel at Polk Community College in recent years. When the number of instructional personnel available to teach in the social science area is considered against an optimum class size of thirty- five students and compared to the number of students who actually took courses in a social science area, it is apparent that the social science grouping had
2.8 more faculty members for the academic year which began in September, 1977, than were needed. For the academic year which began in September, 1978, the social science area was overstaffed by 2.9 instructors. For 1979 and 1980, the area was overstaffed by 3.5 and 3.7 instructors respectively. Projections for the 1981 academic year indicate that the social science grouping will again be overstaffed by 3.7 instructors. The Sociology Department within the social science grouping has been consistently overstaffed since the academic year which
began in September, 1977. For the academic year which began in September, 1980, the sociology Department was overstaffed by 1.1 instructors, and projections indicate that the same overstaffing will occur for the full academic year which began in September, 1981. The Political science/American studies Department within the social science grouping has been consistently overstaffed by 1.4 to
1.8 instructors since the academic year which began in September, 1977.
Overstaffing of instructional personnel such as has consistently occurred in the sociology and Political Science/American studies Departments results in several inefficiencies. In order that instructional personnel can carry course loads as required by law, it is necessary to allow some courses to be taught with fewer students than is considered efficient. Alternatively, faculty members are given special projects to complete in lieu of teaching a course. These special studies have very little value to the community college. Furthermore, by maintaining excessive instructional staffs to teach academic subjects where student demand is decreasing, the college is unable to hire instructional personnel to teach subject areas where student demand is increasing. At Polk Community College, there has been increased student demand for courses in data processing. The college administration desires to reallocate its resources to provide more faculty members to teach data processing courses rather than courses in sociology and political science for which student demands have decreased. The administration has accordingly recommended to the college's District Board of Trustees that one sociology instructor and one political science/American studies instructor be terminated.
The Respondent, Larry L. Roush, is a sociology instructor at Polk Community College. The college administration has recommended that his employment be terminated due to the overstaffing in the Sociology Department. In making this recommendation, the administration considered the following factors: cost effectiveness, demand for courses and future curriculum needs, efficiency, level of degree, versatility, field, length of service, and type of contract. Mr. Roush was evaluated by the administration vis-a-vis other sociology instructors in these areas. All of the sociology instructors are on continuing contract status and have been employed at the community college for many years. Supervisory and student evaluations of the sociology instructors, including Mr. Roush, are not conclusive. Each of the instructors has received favorable evaluations, and differentials among them are neither consistent nor so disparate as to be significant.
The administration contends that Roush is the least cost effective of the sociology instructors because since the academic year which began in September, 1977, he has had more weak or cancelled sections than the other instructors. Weak sections are those classified as having fewer than fifteen students. Cancelled classes are those for which there was so little interest that the scheduled course was cancelled. A "weak and cancelled section matrix" is not a valid means of determining the cost effectiveness of an instructor. Instructors at Polk Community College have never been advised that weak or cancelled classes would be used in this manner. Furthermore, the fact that a class runs weak, or is required to be cancelled, can be the result of matters which reflect favorably upon an instructor. For example, if an instructor is asked, or through his own initiative seeks, to develop an experimental class, student demand for it may be low. Furthermore, if an instructor teaches courses beyond the introductory sort, there is likely to be less demand for the courses. The Respondent Roush, for example, taught a new sociology course during the academic years which began in September, 1977, and September, 1978. While student demand was light, that does not reflect upon the validity of his effort to develop the course. He requested that the course be cancelled due to the
light demand for the academic year which commenced September, 1978. He was requested, however, by the administration to offer the course. If this single course which the Respondent taught during several academic sessions is deleted from consideration as a weak and cancelled section, he would have the least weak and cancelled classes of any instructor in the Sociology Department.
In addition to the fact that counting weak and cancelled sections does not necessarily reflect unfavorably upon an instructor, the existence of weak and cancelled sections can be the result of factors totally beyond the instructor's control. The time of day, for example, that a course is offered can have a dramatic impact on whether the course is in high or slight demand. The administration of Polk Community College develops schedules for faculty members. Instructors do not develop their own schedules.
The administration has contended that the Respondent Roush has the weakest educational qualifications of instructors in the Sociology Department because he holds a master's degree while the other instructors hold doctorates. While it is true that the ultimate degree obtained by the Respondent Roush is not so lofty as that obtained by his cohorts, it affirmatively appears that the Respondent Roush has considerably more hours directly in the substantive area of sociology than do the others. Thus, while he may be considered less qualified than the others generally, he is more qualified to teach the specific courses that he and the others have been called upon to teach.
The administration has asserted that the Respondent Roush is the least efficient and versatile instructor in the Sociology Department because he has pursued fewer continuing education or seminar type programs than have the other two sociology instructors. While it is true that the Respondent Roush has not requested funds or leave time to attend educational conferences to the extent that his cohorts have, it does not appear that this reflects adversely upon his qualifications. Most of the outside education activities that his cohorts have attended have been in the nature of conventions which may not reflect at all upon their qualifications.
The Petitioner has conceded that the only factors leading to the recommendation to terminate the employment of Roush were cost effectiveness based upon the number of weak and cancelled courses that he has taught, his efficiency and versatility as demonstrated by his not requesting funds or leave time to attend outside educational activities, and the fact that he has a lesser degree than do his cohorts. The Petitioner has failed to establish that Roush is less able than his cohorts based on these factors. Furthermore, it appears that the Respondent Roush is qualified to teach courses in economics, cultural anthropology, and American studies. The Petitioner has not established that there is no need for additional instructors in these areas, and it affirmatively appears that some sections in these areas have been taught as "overload" courses. Overload courses are taught under circumstances where there are not sufficient instructors available on a regular basis to teach them.
The Respondent, Carrie Mae Oldham, is a political science instructor at Polk Community College. The college administration has recommended that her employment be terminated due to the overstaffing in the Political Science/American Studies Department. The administration considered the same factors in making this recommendation as were considered in connection with the Respondent Roush. Mrs. Oldham was evaluated vis-a-vis other political science instructors in the areas of cost effectiveness, demand for courses and future curriculum needs, efficiency, level of degree, versatility, field, length of service and type of contract. The administration determined that she was the
weakest in the areas of cost effectiveness, demand for courses and future curriculum needs, and level of degree. She was not considered weaker than her peers in the other areas. All of the political science instructors are on continuing contract, and have been employed at the college for a number of years. Each has received favorable evaluations and differentials in their evaluations are neither consistent nor so disparate as to be significant. Mrs. Oldham has engaged in numerous continuing education type programs and has been very active in the community. She would appear superior to her cohorts in those areas.
The administration evaluated Oldham's cost effectiveness based upon the same weak and cancelled class analysis that was applied to the Respondent Roush. Since the academic year which began in September, 1977, Oldham has the highest number of weak and cancelled class sections of instructors in her department. Use of this analysis to consider cost effectiveness of an instructor is inappropriate because of the same general deficiencies of such an analysis discussed with respect to the Respondent Roush.
The administration contends that Oldham is the weakest political science instructor when demand for courses and future curriculum needs are considered because her primary area is American Studies, and there has been a dramatic decrease in demand for American studies courses. This contention is not supported by the evidence. Mrs. Oldham is qualified to teach a broad spectrum of political science courses, plus courses in several other areas: lawyer's assistance courses, United States history, criminal justice, black studies, geography, and psychology of self. It has not been demonstrated that there are no courses in these other areas available to be taught by Mrs. Oldham.
Oldham has taken the fewest academic courses of instructors in the political Science/American Studies Department. She has received a Master of Arts degree. All of her cohorts have taken courses beyond the masters level or obtained more advanced degrees. Given the facts that Mrs. Oldham has considerable educational experience as a teacher and has actively pursued continuing education courses, the level of her academic background is not a significant factor.
Both Respondents have contended that inappropriate factors were considered by the administration in recommending that they be terminated. They contend that the reasons given by the administration are a subterfuge being used in order to get rid of the Respondents for inappropriate reasons. These contentions are not supported by the evidence.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of this proceeding. Section 120.57(1), Florida Statutes.
State Board of Education rules relating to community colleges provide:
Should the board have to choose from among its personnel who are on continuing contracts as to which should be retained, among the criteria to be considered shall be educational qualifications, efficiency, compatibility, character and capacity to meet the educational needs of the community.
Whenever a board is required to or does consolidate or reduce its program, the board may determine on the basis of the foregoing criteria from its own personnel and any other instructional personnel, which college employees shall be employed for service at the college and any employee no longer needed may be dismissed. The decision of the board shall not be controlled by any previous contractual relationship. In the evaluations of these factors, the decision of the board shall be final. (Rule 6A-14.411(5), Florida Administrative Code)
Polk Community College has adopted its own rule respecting criteria to be applied in connection with staff reduction. Under its Rule 3.17, the college is required to consider cost effectiveness; demand for courses and future curriculum needs; efficiency; and educational qualifications including level of degree, versatility, field, length of service, and type of contract.
With respect to the Respondent, Larry L. Roush, the Petitioner has failed to establish that the Respondent Roush should be terminated based upon any of the criteria set in the applicable rules. Furthermore, it has not been established that there are no other courses available for the Respondent Roush to teach, and there are a number of areas in which he is qualified.
The Petitioner has failed to establish that the Respondent, Carrie Mae Oldham, should be terminated from her position based upon any of the factors enumerated in the rules, except in the level of her degree. Given the fact that the Respondent Oldham has taught at the community college for a number of years, the level of degree appears an insufficient factor, and should not result in her being terminated. Further more, it has not been established that there are no other courses available for the Respondent to teach, and there are a number of areas in which she is qualified.
Based upon the foregoing findings of fact and conclusions of law, it is, hereby
RECOMMENDED:
That the District Board of Trustees of Polk Community College enter a final order rejecting the recommendation that the Respondent, Larry L. Roush, be terminated from his position as an instructor at the community college.
That the District Board of Trustees of Polk Community College enter a final order rejecting the recommendation that the Respondent, Carrie Mae Oldham, be terminated from her position as an instructor at the community college.
RECOMMENDED this 24th day of July, 1981, in Tallahassee, Florida.
G. STEVEN PFEIFFER Hearing Officer
Division of Administrative Hearings 2009 Apalachee Parkway
Tallahassee, Florida 32301
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 24th day of July, 1981.
COPIES FURNISHED:
Donald Wilson, Jr., Esquire Boswell, Boswell and Conner Post Office Box 1578 Bartow, Florida 33830
Jack T. Edmund, Esquire Edmund and McDaniel Post Office Box 226 Bartow, Florida 33830
Jesse C. Barber, Esquire One Scenic Central Building Suite 202
Lake Wales, Florida 33853
Mr. Frederick T. Lenfestey President, Polk Community College Winter Haven, Florida 33880
=================================================================
AGENCY FINAL ORDERS
=================================================================
POLK COMMUNITY COLLEGE DISTRICT BOARD OF TRUSTEES
POLK COMMUNITY COLLEGE and the DISTRICT BOARD OF TRUSTEES,
Petitioner,
vs. DOAH CASE NO. 81-635
LARRY L. ROUSH,
Respondent.
/
FINAL ORDER
Pursuant to notice, a formal administrative hearing was conducted in the above matter on May 7 and 8, 1981, in Winter Haven, Florida. The following appearances were entered: Donald H. Wilson, Bartow, Florida, appeared on behalf of the Petitioner, Polk Community College; and Jesse C. Barber, Lake Wales, Florida, and jack T. Edmund, Bartow, Florida, appeared on behalf of the Respondent, Larry L. Roush.
On or about February 23, 1981, the District Board of Trustees of Polk Community College adopted, by three-to-two vote, recommendations for reduction of the instructional staff at Polk Community College. The action included dismissal of the Respondent. Petition seeking dismissal of the Respondent was filed and served. Respondent objected to the petition and requested a formal administrative hearing. On March 25, 1981, the Petitioner forwarded the matters to the office of the Division of Administrative Hearings for the assignment of a Hearing Officer to conduct further proceedings. The hearing officer scheduled an evidentiary hearing as set out above by notice dated April 8, 1981.
At the evidentiary hearing, the Petitioner called the following witnesses: Robert L. Collins, the Dean of Business Affairs at Polk Community College; Daniel J. Costello, the Vice President of Polk Community College; Timothy G. Davies, the Dean of Instruction at the community college; Hershel Nelson, the Director of the Business and Social Division at the community college; and Helen Community College employs more full-time instructors in various academic fields than there are classes available for the instructors to teach. This situation is the apparent result of a shift in student demand.
The social science grouping of academic subjects is among those which has been over-staffed with instructional personnel at Polk Community College in recent years. When the number of instructional personnel available to teach in the social science area is considered against tie number of classes that should have run and compared to the number of students who actually took courses in a social science area, it is apparent that the social science grouping had 2 8 more faculty members for the academic year which began in September 1976, than
were needed. For the academic year which began in September 1977, the social science area was over-staffed by 2.9 instructors. For 1978 and 1979, the area was over-staffed by 3.5 and 3.7 instructors respectively. Projections for the 1980-81 academic year indicate that the social science grouping will again be over-staffed by 3.7 instructors. The Sociology Department within the social science grouping has been consistently over-staffed since the academic year which began in September 1976. For the academic year which began in September 1980, the Sociology Department was over-staffed by 1.1 instructors, and projections indicate that the same over-staffing will occur for the full academic year which began in September 1981.
Over-staffing of instructional personnel such as had consistently occurred in the Sociology Department results in several inefficiencies. In order that instructional personnel can carry full course loads as required by law, it is necessary to allow some courses to be taught with fewer students than is considered efficient. Alternatively, faculty members are given special projects to complete in lieu of teaching a course. These special studies have very little value to the Community college. Furthermore, by maintaining excessive instructional staffs to teach academic subjects where student demand is decreasing, the college is required to hire instructional personnel to teach subject areas where student demand is increasing. At Polk Community College, there has been increased student demand for courses in data processing. The college administration desires to reallocate its resources to provide more faculty members to teach data processing courses rather than courses in sociology for which student demands have decreased. The administration has accordingly recommended to the college's District Board of Trustees that one sociology instructor be terminated.
The Respondent, Larry L. Roush, is a sociology instructor at Polk Community College. The college administration has recommended that his employment be terminated due to the overstaffing in tie Sociology Department. In making this recommendation, the administration considered the following factors: cost effectiveness, demand for courses and future curriculum needs, efficiency, level of degree, versatility, field, length of service, and type of contract. Mr. Roush was evaluated by the administration vis-a-vis other sociology instructors in these areas. All of the sociology instructors are on continuing contract status and have been employed at the community college for many years. Supervisory and student evaluations of the sociology instructors including Mr. Roush, are not conclusive. Each of the instructors has received favorable evaluations, and differentials among them are neither consistent nor so disparate as to be significant.
The administration contends that Roush is the least cost effective of the sociology instructors because since the academic year which began in September 1976, he has had more weak and cancelled sections than the other instructors. Weak sections are those classified as having fewer than fifteen students. Cancelled classes are those for which there was so little interest that the scheduled course was cancelled.
The hearing officer found that weak and cancelled courses was not a valid means of determining an instructor's cost effectiveness. The Board rejects this finding and concludes that be terminated. He contends that the reasons given by the administration are a subterfuge being used in order to get rid of the Respondent for inappropriate reasons. These contentions are not supported by the evidence.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of this proceeding. Section 12O.57(1), Florida Statutes.
State Board of Education rules relating to community colleges provide: [Rule 6A-14.411(5) Florida Administrative Code]:
Should the board have to choose from among its personnel who are on continuing contracts as to which should be retained, among the criteria to
be considered shall be educational qualifications, efficiency, compatibility, character and capacity to meet the educational needs of the community.
Whenever a board is required to or does consoli- date or reduce its program, the board may deter- imine on the basis of the foregoing criteria from its own personnel and any other instructional per- sonnel, which college employees shall be employed for service at the college and any employee no longer needed may be dismissed. The decision of the board shall not be controlled by any previous contractual relationship. In the evaluations of these factors, the decision of the board shall be final.
Polk Community College has adopted its own rule respecting criteria to be applied in connection with staff reduction. Under its Rule 3.17, the college is required to consider cost effectiveness; demand for courses and future curriculum needs; efficiency; and educational qualifications including level of degree, versatility, field, length of service, and type of contract
With respect to the Respondent, Larry L. Roush, in each case where a significant distinction exists, the criteria in the Board rule on staff reduction indicate that Mr. Roush is the instructor who should be dismissed.
ORDER
Based upon the foregoing findings of fact and conclusions of law, and pursuant to applicable law and administrative regulations, it is
ORDERED:
The Petition of President Fred T. Lenfestey is granted weak and cancelled courses are in this case a proper standard to be used in determining cost effectiveness, as that appears as a criterion in the board rule on staff reduction. The record is clear that Mr. Roush had the most weak and cancelled courses among the sociology instructors, and there is no evidence in the record that this criterion impacted unfairly upon Mr. Roush as compared to the other sociology instructors.
Educational qualifications and level of degree are two criteria in the rule on staff reduction. Mr. Roush is the only sociology instructor who does not hold a doctorate degree and, therefore, has the lowest educational qualifications as measured by degree. The board rejects the hearing officer's findings that Mr. Roush has considerably more hours in sociology and that Mr.
Roush is more qualified than the other instructors to teach specific courses. Although even if true, this fact would not be crucial to the outcome of the case, since the rule specifies "level of degree" as the standard to be followed.
The Board rejects the hearing officer's findings that Mr. Roush's failure to attend educational conferences does not adversely reflect upon his qualifications and that the activities of the other sociology instructors were mostly in the nature of conventions which do not reflect upon their qualifications. The Board finds that Mr. Roush was least active among the sociology instructors in his pursuit of staff and program development activities and that he is least versatile in the courses he taught and activities pursued.
The board also rejects the hearing officer's findings that the Petitioner has failed to establish that Mr. Roush was least able than his cohorts and that it was not established there is no need for additional instructors in the areas where Mr. Roush is qualified to teach. The board hereby finds that there are no available full-time teaching positions at the college for which Mr. Roush is qualified
The Respondent contends that inappropriate factors were considered by the administration in recommending that he and Larry L. Roush is hereby dismissed as an instructor at Polk Community College.
DONE AND ORDERED by a majority vote of the full membership of the Polk Community College District Board of Trustees at a duly convened special meeting in Winter Haven, Polk County, Florida, on this 17th day of August, 1981.
POLK COMMUNITY COLLEGE DISTRICT BOARD OF TRUSTEES
By
W. T. Bice, Chairman
Attest Frederick T. Lenfestey, Secretary
POLK COMMUNITY COLLEGE DISTRICT BOARD OF TRUSTEES
POLK COMMUNITY COLLEGE and the DISTRICT BOARD OF TRUSTEES,
Petitioner,
vs. CASE NO. 81-636
CARRIE MAE OLDHAM,
Respondent.
/
FINAL ORDER
Pursuant to notice, a formal administrative evidentiary hearing was conducted in the above matter on May 7 and 8, 1981, in Winter Haven, Florida. The following appearances were entered:
For Petitioner: Donald H. Wilson, Jr., Esquire
Boswell, Boswell and Conner Post Office Box 1578 Bartow, Florida 33830
For Respondent: Jack T. Edmund, Esquire
Edmund and McDaniel Post Office Box 226 Bartow, Florida 33830
and
Jesse C. Barber, Esquire
One Scenic Central Building, Suite 202 Lake Wales, Florida 33853
On or about February 23, 1981, the District Board of Trustees of Polk Community College adopted, by three-to-two vote, recommendations for reduction of the instructional staff at Polk Community College. The action included dismissal of the Respondent. Petition seeking dismissal of the Respondent was filed and served. Respondent objected to the petition and requested a formal administrative hearing. On March 25, 1981, the Petitioner forwarded the matters to the office of the Division of Administrative Hearings for the assignment of a Hearing Officer to conduct further proceedings. The hearing officer scheduled an evidentiary hearing as set out above by notice dated April 8, 1981.
At the evidentiary hearing, the Petitioner called the following witnesses: Robert L. Collins, the Dean of Business Affairs at Polk Community College; Daniel J. Costello, the Vice President of Polk Community College; Timothy G. Davies, the Dean of Instruction at the community college; Hershel Nelson, the Director of the Business and Social Division at tie community college; and Helen Kerr, the Coordinator of Staff and Program Development at the community college. The Respondent testified on her behalf and called the following additional witnesses: Frederick T. Lenfestey, the President of Polk Community College; Clarence Holden, a member of the faculty at the community college; and James O. Niswonger, a member of the faculty at Florida Southern College. Petitioner's Exhibits 1 through 39, and Respondent's Exhibits 1 through 4 were offered into evidence and were received. Official recognition was taken of the rules of the Florida State Board of Education, 6A-14.411(4), (5), Florida Administrative Code; and Polk Community College Rule 3.17. The parties submitted post-hearing findings of fact and conclusions of law.
The hearing officer entered his recommended order on July 24, 1981. As a result of this Board's review of the complete record in this ease, the Board hereby concludes that certain findings of fact by the Hearing Officer are not based upon the competent substantial evidence appearing in the record. Set forth in this final order are the Board's findings of fact entered pursuant to its review of the complete record, and all findings of fact by the hearing officer which are inconsistent with those contained herein are specifically rejected. The Board has also entered its own conclusions of law, and inconsistent conclusions and recommendations by the hearing officer are also rejected.
FINDINGS OF FACT
During October 1980, the staff of Polk Community College prepared a cost analysis for the 1979-80 school year in accordance with requirements imposed by the State Board of Education. One of the purposes of this annual cost analysis is to allow comparison of costs among community colleges. The cost analysis for the 1979-80 school year indicated that Polk Community College had high instructional costs per full-time student in comparison to other community colleges. The District Board of Trustees of Polk Community College accordingly requested that the college staff conduct further studies to examine the cost effectiveness of the instructional program. These further studies revealed that Polk Community College employs more full-time instructors in various academic fields than there are classes available for the instructors to teach. This situation is the apparent result of a shift in student demand.
The social science grouping of academic subjects is among those which has been overstaffed with instructional personnel at Polk Community College in recent years. When the number of instructional personnel available to teach in the social science area is considered against the number of classes that should have run and compared to the number of students who actually took courses in a social science area, it is apparent that the social science grouping had 2.8 more faculty members for the academic year which began in September 1976, than were needed. For the academic year which began in September 1977, the social science area was overstaffed by 2.9 instructors. For 1978 and 1979, the area was overstaffed by 3.5 and 3 7 instructors respectively. Projections for the 1980-81 academic year indicate that the social science grouping will again be overstaffed by 3.7 instructors. The Political Science/American Studies Department within the social science grouping has been consistently overstaffed by 1.4 to 1.8 instructors since the academic year which began in September 1976.
Overstaffing of instructional personnel such as had consistently occurred in the Political Science/American Studies Department results in several inefficiencies. In order that instructional personnel can carry full course loads as required by law, it is necessary to allow some courses to be taught with fewer students than is considered efficient. Alternatively, faculty members are given special projects to complete in lieu of teaching a course. These special studies have very little value to the community college. Furthermore, by maintaining excessive instructional staffs to teach academic subjects where student demand is decreasing, the college is required to hire instructional personnel to teach subject areas where student demand is increasing. At Polk Community College, there has been increased student demand for courses in data processing. The college administration desires to reallocate its resources to provide more faculty members to teach data processing courses rather than courses in political science for which student demands have decreased. The administration has accordingly recommended to the college's District Board of Trustees that one political science/American studies instructor be terminated.
The Respondent, Carrie Mae Oldham, is a political science instructor at Polk Community College. The college administration has recommended that her employment be terminated due to the overstaffing in the Political Science/American Studies Department. Mrs. Oldham was evaluated vis-a-vis other political science instructors in the area of cost effectiveness, demand for courses and future curriculum needs, efficiency, level of degree, versatility, field, length of service and type of contract. The administration determined that she was the weakest in the areas of cost effectiveness, demand for courses and future curriculum needs, and level of degree. She was not considered weaker
than her peers in the other areas. All of the political science instructors are on continuing contract, and have been employed at the college for a number of years. Each has received favorable evaluations and differentials in their evaluations are neither consistent nor so disparate as to be significant. The Board rejects the hearing officer's finding that Mrs. Oldham appears to be superior to her cohorts in her community activity and continuing education programs.
The Board finds that Mrs. Oldham is the least cost effective instructor in her area, as measured by the fact that she experienced the most weak and cancelled courses since September 1977. The hearing officer's conclusion that the use of this factor is inappropriate is rejected.
As a result of a dramatic decline in the demand for American studies courses in recent years, which is Mrs. Oldham's primary area of instruction, and the fact that fewer American studies courses will be taught in the future, the criteria of "demand for courses" and "future curriculum needs" indicate that Mrs. Oldham's position is the one most appropriately eliminated as port of a staff reduction. The Board also finds that there are no other full-time teaching positions at the college for which Mrs. Oldham is qualified to teach. The hearing officer's conclusions contrary to those set forth in this paragraph are rejected.
The Board rejects the hearing officer's finding that Mrs. Oldham's academic background is not a significant factor, The board hereby finds that Mrs. Oldham has the least educational qualifications among the instructors in her area, since she holds only a master's degree, while the other instructors have either additional degrees or have done substantial graduate work beyond a master's degree.
The Respondent contends that inappropriate factors were considered by the administration in recommending that she be terminated. She contends that the reasons given by the administration are a subterfuge being used in order to get rid of the Respondent for inappropriate reasons. These contentions are not supported by the evidence.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of this proceeding. Section 120.57(1), Florida Statutes.
State Board of Education rules relating to community colleges provide:
Should the board have to choose from among its personnel who are on continuing contracts as to which should be retained, among the criteria to be considered shall be educational qualifications, efficiency, compatibility, character and capacity to meet the educational needs of the community.
Whenever a board is required to or does consolidate or reduce its program, the board may determine on the basis of the foregoing criteria from its own personnel and any other instructional personnel, which college employees shall be employed for service at
the college and any employee no longer needed may be dismissed. The decision of the board shall not be controlled by any previous contractual relationship. In the evaluations of these factors, the decision of the board shall be final. (Rule 6A-14.411(5), Florida Administrative Code)
Polk Community College has adopted its own rule respecting criteria to be applied in connection with staff reduction. Under its Rule 3 17, the college is required to consider cost effectiveness; demand for courses and future curriculum needs; efficiency; and educational qualifications including level of degree, versatility, field, length of service, and type of contract.
With respect to the Respondent, Carrie Mae Oldham, in each case where a significant distinction exists, the criteria in the Board rule on staff reduction indicate that Mrs. Oldham is the instructor who should be dismissed.
ORDER
Based upon the foregoing findings of fact and conclusions of law, and pursuant to applicable law and administrative regulations, it is
ORDERED;
1. The Petition of President Fred T. Lenfestey is granted and Carrie Mae Oldham is hereby dismissed as an instructor at Polk Community College.
DONE and ORDERED by a majority vote of the full membership of the Polk Community College District Board of Trustees at a duly convened special meeting in Winter Haven, Polk County, Florida, on this 19th day of August, 1981.
POLK COMMUNITY COLLEGE DISTRICT BOARD OF TRUSTEES
By
W. T. Bice, Chairman
Attest Frederick T. Lenfestey, Secretary
| Issue Date | Proceedings |
|---|---|
| Aug. 31, 1981 | Final Order filed. |
| Jul. 24, 1981 | Recommended Order sent out. CASE CLOSED. |
| Issue Date | Document | Summary |
|---|---|---|
| Aug. 17, 1981 | Agency Final Order | |
| Jul. 24, 1981 | Recommended Order | Petitioner failed to demonstrate the Respondents should be terminated according to criteria established in the rule. |
FLORIDA COUNCIL FOR THE SOCIAL STUDIES vs DEPARTMENT OF REVENUE, 81-000635 (1981)
SEMINOLE COMMUNITY COLLEGE vs JOSEPH WILLIAMS, JR., 81-000635 (1981)
SEMINOLE COMMUNITY COLLEGE vs ROBERT R. REKO, 81-000635 (1981)
EDWARD D. DONNELLY vs. POLK COUNTY SCHOOL BOARD, 81-000635 (1981)
CLARA VIRGINIA BERT vs DEPARTMENT OF EDUCATION, 81-000635 (1981)
