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EDUCATION PRACTICES COMMISSION vs. ISOME FRANCIS, 81-001594 (1981)

Court: Division of Administrative Hearings, Florida Number: 81-001594 Visitors: 8
Judges: THOMAS C. OLDHAM
Agency: Department of Education
Latest Update: Mar. 23, 1982
Summary: Whether Respondent's teaching certificate should be suspended or revoked, or the Respondent otherwise disciplined, pursuant to Chapter 231, Florida Statutes, as set forth in the Administrative Complaint dated April 9, 1981. This case arises as a result of an administrative complaint filed by the Commissioner of Education on April 9, 1981 against the Respondent Isome Francis, a physical education instructor at St. Johns Elementary School, Quincy, Florida. The complaint consists of twenty-one subs
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81-1594.PDF

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


EDUCATION PRACTICES COMMISSION, ) DEPARTMENT OF EDUCATION, )

)

Petitioner, )

)

vs. ) CASE NO. 81-1594

)

ISOME FRANCIS, )

)

Respondent. )

)


RECOMMENDED ORDER


A hearing was held in the above-captioned matter, after due notice, at Quincy, Florida, on October 6-7, 1981, before Thomas C. Oldham, Hearing Officer.


APPEARANCE


For Petitioner: James G. Mahorner, Esquire

107 South Bronough Street Tallahassee, Florida 32301


For Respondent: Philip J. Padovano, Esquire

Post Office Box 873 Tallahassee, Florida 32302

and

Pam Cooper, Esquire

213 South Adams Street Tallahassee, Florida 32301


ISSUE PRESENTED


Whether Respondent's teaching certificate should be suspended or revoked, or the Respondent otherwise disciplined, pursuant to Chapter 231, Florida Statutes, as set forth in the Administrative Complaint dated April 9, 1981.


This case arises as a result of an administrative complaint filed by the Commissioner of Education on April 9, 1981 against the Respondent Isome Francis, a physical education instructor at St. Johns Elementary School, Quincy, Florida. The complaint consists of twenty-one substantive counts of alleged misconduct on the part of Respondent at various times from 1975 through the 1979-80 school year. These generally include several allegations that Respondent made improper advances toward female students; that he pulled the teeth of various students; that he left the playground area unsupervised on a number of occasions, during several of which students injured themselves; that he failed to file accident reports concerning student injuries; and that he administered "unusual" corporal punishment and other methods of discipline against students at various times.

The complaint recites that Respondent is therefore in violation of Section 231.28(1), Florida Statutes, in that he is guilty of gross immorality, moral turpitude, conduct which seriously reduces his effectiveness as an employee of

the School Board, and incompetency to teach and perform duties as such an employee. It also alleges that his actions were contrary to Section 231.09, Florida Statutes, in that he failed to set a proper example for students, and Section 231.27, Florida Statutes (apparently referring to Section 232.27, F.S.) in that he failed to follow provisions of law in administering corporal punishment.


In his answer to the complaint, Respondent denied all of the substantive allegations, except those dealing with extraction of loose teeth. Respondent admitted that he assisted students in that regard at various times, but denied any wrongful actions in so doing. He further defends on the ground that the charges should be barred by the agency's failure to assert them within a reasonable time from their occurrence. Respondent requested an administrative hearing on the charges.


The final hearing was originally scheduled for September 10, 1981, but was continued until September 29, 1981, at the request of Petitioner. It was continued again until October 6, 1981, upon a determination that the hearing properly should be held in Quincy rather than Tallahassee due to the numerous witnesses expected to testify at the hearing.


Post-hearing Memorandums filed by the parties have been fully considered and those portions thereof that have not been adopted herein are considered to be either unnecessary, irrelevant, or unsupported in law or fact.


FINDINGS OF FACT


The various paragraphs of the Administrative Complaint are set forth verbatim below and Findings of Fact are keyed thereto for the purposes of clarity.


  1. Respondent Isome Francis has been a teacher since 1963 and employed by the Gadsden County School Board since 1968. He is employed under a continuing contract. At all times relevant to this proceeding, he served as a physical education teacher at St. Johns Elementary School, Quincy, Florida. He holds Department of Education Teacher Certificate No. 138822, valid through June 30, 1982. (Testimony of Respondent, pleadings).


  2. Paragraph 2 of the Administrative Complaint states as follows:


    Respondent on or about the 1975-76 school year on several occasions directed a female, then a student at St. Johns Elementary School, to sit next to him while he observed the rest of the class participate in activity on the physical education field. Upon her obeying such direction, he would make observations about her body and fondle her breast. He was later observed by the female student standing over another female student while zipping up his pants and instructed her that she was not to tell what she had witnessed.


    Although the above allegation was apparently based upon expected testimony of Brenda Cooper, the alleged victim of the fondling incident who was also the supposed witness to the actions of Respondent with another student, she disavowed a pretrial statement to that effect and denied that the alleged

    incidents had occurred. Respondent testified in denial of the allegations. (Testimony of Cooper, Respondent, Petitioner's Exhibit 3)


  3. There is insufficient evidence to warrant a finding that Respondent committed the alleged acts or made the statements attributed to him. Paragraph

    3 of the Administrative Complaint states:


    Respondent in the 1977-78 school year offered a 13 year old female student of St. Johns a ride home and then diverted her to his home where he hugged and kissed her. After such student later graduated, he asked her to date him.


  4. Willie Ruth Wilson, who is sixteen years old, testified in substance as follows: Some three years ago when she was thirteen years old, she left school and while standing on a street corner in Quincy, Respondent stopped, at which time she asked him for a ride home. After getting in the car, Respondent asked her to go to his house to meet his wife. She agreed, and when they arrived at his house, he unlocked the door and asked her to have a seat. No one else was in the house at the time. Upon sitting down, Respondent came over to her, hugged her and kissed her once. The phone then rang and Wilson got up and left the house. At some point during or after the alleged incident, Respondent asked her if she would go out with him. Wilson did not report the incident to anyone because Respondent was not a teacher in her school.


  5. At the hearing, Respondent denied that the incident took place and stated that when Wilson had attended St. Johns Elementary School, she had not wanted to participate in his physical education classes and did not receive good grades in that class. (Testimony of Wilson, Respondent)


  6. The evidence is deemed insufficient upon which to base a finding that Respondent committed the act alleged or made the statement attributed to him.


  7. Paragraph 4 of the Administrative Complaint states:


    In the 1979-80 school year, Respondent zipped up the front of the jeans worn by a female Special Education student at St. Johns Elementary who possessed the capability of self help. Furthermore, the zipping was used as a guise for further intimacy.


  8. Two years ago, when Twanda Ray was a ten-year-old special education student at St. Johns Elementary School, she asked Respondent, during an outdoor physical education class, to zip up her blue jeans for her. The zipper was located in the front of the jeans. Twanda was capable of zipping her own jeans, but asked Respondent to assist her. Another student who was present at the time testified that Respondent had called Twanda over to him and zipped up her jeans. At the hearing, Respondent testified that he had no recollection of such an incident, although on numerous occasions children came to him for assistance with zippers on their clothing. Twanda's father, Jesse Ray, is of the opinion that Respondent is a good physical education teacher and has never had any complaints against him. (Testimony of A. Ray, Murphy, J. Ray)

  9. Although the evidence is considered sufficient to find that Respondent zipped up the front of Twanda Ray's jeans two years ago, insufficient evidence has been presented to warrant a finding that he did so "as a guise for further intimacy", rather than merely assisting the student.


  10. Paragraph 5 of the Administrative Complaint makes reference to alleged complaints against Respondent during the 1977-78 school year concerning extraction of students' teeth, for which he received a memorandum from the school principal on April 10, 1978. The memorandum stated that "It is best for all concerned for you to cease pulling the teeth of children at school". (Petitioner's Composite Exhibit 2, Testimony of Smoak)


  11. Paragraph 6 of the Administrative Complaint states:


    In the 1978-79 school year during school hours, Respondent pulled the two front teeth of a St. Johns Elementary first grader without permission or knowledge of the

    of the student's parents. The student reports that the teeth were not loose.


    No evidence was presented concerning this allegation.


  12. Paragraph 7 of the Administrative Complaint states:


    In the 1978-79 school year during school hours, Respondent pulled a tooth of a St. Johns Elementary student without the permission or knowledge of the student's parents.


  13. Carla Edwards is a nine-year-old fourth grade student at St. Johns Elementary School. When she was in second grade, and while on the playground in Respondent's physical education class, Respondent extracted her loose tooth after he saw the tooth "shaking" while she was talking to him. Carla's father is of the opinion that the tooth was pulled prematurely because the adult replacement tooth grew in crooked, requiring orthodontic work. He has a pending lawsuit against the County School Board based on the incident. Carla has had toothaches in the area where the tooth was removed. (Testimony of Carla Edwards, Carlton W. Edwards)


  14. Paragraph 8 of the Administrative Complaint states:


    In the 1979-80 school year during school hours, Respondent pulled a tooth of a St. Johns Elementary student without the permission or knowledge of the student's parents. A letter of reprimand was issued wherein Respondent was ordered by his superior to stop the practice of pulling teeth.


  15. On some unknown date approximately two years ago, Respondent extracted a loose tooth of Natasha Strong, a first grade student at St. Johns Elementary School. Her mother did not object to Respondent's action because she had told all of Natasha's teachers, including Respondent, to do "whatever needed to be done" with respect to her child. Nevertheless, Iris B. Smoak, Principal of the

school, wrote a letter to Respondent on February 25, 1980, that "Since it is unlawful for you to pull teeth, I am advising you to discontinue this practice immediately". Respondent's testimony at the hearing included a denial that he had pulled Natasha's tooth. (Testimony of N. Strong, M. Strong, Respondent, Davis, Petitioner's Composite Exhibit 2)


  1. It is found that Respondent pulled the tooth of Natasha Strong during the school year in question, but did so with the prior implied consent of the child's mother.


  2. Paragraph 9 of the Administrative Complaint states:


    In the 1979-80 school year during school hours, Respondent pulled the tooth of two first graders at St. Johns Elementary without the permission or knowledge of the student's parents. Respondent told one of the students that if she told others that she pulled her own tooth he would buy her a coke.


  3. During the 1979-80 school year, Respondent pulled the loose tooth of Tracy Frierson, a first grade student at St. Johns Elementary School. The tooth was hurting Tracy, and she asked Respondent to extract it. She told her mother about the incident. The mother had not authorized Respondent to take such actions with regard to her daughter, but made no complaint. Tracy first told her teacher that Respondent had pulled the tooth, but then said that she had done it herself. Members of the class corrected her in this regard, and she later told the teacher that Respondent had told her he would buy her a coke if she said she had pulled her own tooth. (Testimony of T. Frierson, A. Frierson, Morell)


  4. Respondent pulled the loose tooth of Doris Marshall, a third grade student at St. Johns Elementary School, when she was in the first grade. She reported the incident to her teacher. (Testimony of D. Marshall, Morell)


  5. Paragraph 10 of the Administrative Complaint states:


    In the 1979-80 school year during school hours, Respondent pulled the tooth of a St. Johns Elementary School student without

    the permission or knowledge of the student's parents. Respondent told student that he would spank the student if the student did not allow him to pull the tooth.


  6. Two years ago when Demetrius Reeves was a student in the second grade at St. Johns Elementary School, Respondent came up to him on the playground and asked him to open his mouth because he wanted to put his thumb in the boy's mouth. Demetrius told him he did not want him to pull his tooth, but Respondent removed the tooth by use of his thumb. The tooth was not loose and it bled a little after its removal. Demetrius told his mother about the incident and that Respondent had told him if he didn't let him pull the tooth, Respondent would talk to his grandfather. The mother observed that the tooth was missing at the time she saw Demetrius on the day of the incident. She had not given Respondent permission to extract teeth from her son.

  7. Respondent denied at the hearing that he had pulled the tooth of Demetrius Reeves, however, his testimony is not considered credible in this respect. (Testimony of D. Reeves, Donna Reeves, Respondent)


  8. Paragraph 11 of the Administrative Complaint states:


    In the 1979-80 school year during school hours, Respondent pulled the tooth of a St. Johns Elementary student without the permission or knowledge of the student's parents.


  9. Respondent pulled the tooth of Diane Jones, a second grade student at St. Johns Elementary School two years ago at her request. The incident occurred while the students were in line having returned to the school from physical education class. Diane's teacher observed Respondent put his finger in her mouth and "pop" a tooth out. It was bleeding and the teacher informed Diane to tell her mother about the matter. (Testimony of Jones, Maker)


  10. Paragraph 12 of the Administrative Complaint states:


    In the 1979-80 school year during school hours, Respondent caused a student of St. Johns Elementary to pull two teeth of another St. Johns Elementary student during school hours, without the permission or knowledge of the student's parents.


    No evidence was presented at the hearing concerning this allegation.


  11. Paragraph 13 of the Administrative Complaint states:


    In the 1979-80 school year, Respondent took crutches from a fourth grade student at St. Johns Elementary School and told the student to "walk like a man". The student was under doctor's orders to keep all weight off his leg because stitches had become infected and to use the crutches at

    all times. When the student told Respondent this, Respondent returned the crutches to the student.


    The evidence regarding this allegation is conflicting. It is found, however, that during the 1979-80 school year, Derrick Jackson, a fourth grade student at St. Johns Elementary School, arrived at the school one morning on the school bus. Derrick was using crutches at this time due to the fact that he had previously cut his knee and had stitches in the wound. Two students assisted him in leaving the bus. They first gave his crutches to Respondent who was standing several feet away from the bus, and then helped Derrick get off the bus. Several teachers nearby heard Respondent coax Derrick to walk on his leg so it would not become stiff. At this point in time, Respondent still had one of Derrick's crutches. Derrick told him about his injury, and Respondent returned the other crutch to the boy. (Testimony of Morell, Batts, D. Jackson,

    H. Jackson, Barnes, Respondent)

  12. Paragraph 14 of the Administrative Complaint states:


    From the school year 1974-75 through school year 1978-79, St. Johns Elementary students reported that Respondent frequently left his physical education classes unsupervised and unattended. Several injuries occurred and disagreements arose between Respondent and witnesses as to the filing of accident reports.


  13. On several occasions from 1977 to 1980, various teachers found Respondent absent from the playground when they took their classes to physical education class. They would either have him paged on the public address system, or wait for his arrival, which sometimes took up to 15 minutes. One teacher observed him reading under a tree some 20 to 30 feet away from the playground. Sometimes Respondent left the playground for approximately half the class period and the students dismissed themselves at the conclusion of the class. Although Respondent conceded at the hearing that he had left the playground on occasion, it was often due to the fact that the principal had called him to the office to administer first aid to injured students. On other occasions, Respondent had other obligations, such as telephone calls, the requirement to use the bathroom, and other legitimate reasons. Due to the poor condition of the playground, which contains holes, rocks, and is in general disrepair, Respondent routinely splits classes on the usable areas of the playground in order that they will not be injured. Some teachers leave their class at the playground early during the noon hour prior to the 1:00 P.M. physical education class. At such times, Respondent will have perhaps three or four groups of students there at the same time. He does sit under a tree and read a newspaper during the lunch hour on occasions. (Testimony of B. Thomas, A. Thomas, Batts, Adams, S. Barnes, Russ, Kelly, Respondent)

  14. Paragraph 15 of the Administrative Complaint states: Respondent, during the 1976-77 school year,

    failed to file an accident report on a student at St. Johns Elementary who broke an arm during Respondent's class and was taken to the hospital. It is reported by students that the class was unattended at the time of the accident. According to the students, Respondent frequently left the class toward the end of each period and when the bell rang, the students would dismiss themselves.


  15. Pamela Washington, now a ninth-grade student, broke her arm on the playground while a fourth-grade student at St. Johns Elementary School. She was engaged in sports activity at the time. Respondent was present at the time of the accident, and insured that the child was taken care of, and that the principal was informed. Respondent testified that he filed an accident report on the incident. (Testimony of Washington, Respondent)

  16. Paragraph 16 of the Administrative Complaint states:


    Respondent, during the 1979-80 school year, failed to file an accident report on a St. Johns Elementary student, who, after being instructed by Respondent to run barefoot, ripped her toenail on a rock. The student's classroom teacher had to file the accident report after attempts on her part to get Respondent to file the report had failed.

    Respondent later told the classroom teacher that he had confirmed with the student's parents that the accident had happened while the student was at home. The student reported the accident happened at school. The student's mother reported that Respondent had not contacted her regarding the accident.


  17. In April, 1980, Deani Weston was a six-year-old first grade student at St. Johns Elementary School. At some time during that month, she went to school wearing shoes with heels which were too high to participate in sports activities during a physical education class. Respondent advised her to remove her shoes while she was running with the other children. She did so and, while running, injured her toe on a rock. Respondent administered first aid to the child. The first grade teacher observed Respondent treat the injury on the playground, and asked him to file an accident report, but Respondent did not do so. He later told the teacher that a report should not be filed because he had talked to the child's parents and found out that the toe had been originally injured at home, and then reinjured on the playground. However, the teacher had observed that Deani's toe was not injured prior to going out to the physical education class. Deani's mother had no knowledge that the child had injured her toe at home, but saw her with a bandage on her toe covering an injury which she said had been received at school. (Testimony of Weston, Jones, Davis, Respondent)


  18. Paragraph 17 of the Administrative Complaint states:


    Respondent's principal reported to the Superintendent in November, 1975 that reports of unusual corporal punishment and other methods of discipline had been alleged against Respondent. During the 1974-75 school year, Respondent hit a St. Johns Elementary student in the head with a broomhandle. The student is unaware of what caused Respondent to act in this manner. Respondent was reprimanded and a report was placed in his file.


  19. Christopher Scatlock, a sixteen-year-old eleventh grade student at the present time, formerly attended St. Johns Elementary School. He testified that on an undisclosed date in the spring he was attending the sixth grade and started running from the physical education classroom when the bell rang. He was told to stop by Respondent. Christopher complied, at which time Respondent hit him on the head with a broomstick, causing a knot to appear on his head. When he returned home that day, the boy told his foster parent about the incident and she observed the knot on his head whereupon she notified the principal of the school.

  20. Respondent denied this incident at the hearing. It is found that there is insufficient evidence to establish that he committed the alleged act. (Testimony of Scatlock, Roberts, Respondent)


  21. Paragraph 18 of the Administrative Complaint states:


    During the 1974-75 school year, other complaints came from parents regarding Respondent's method of discipline including whipping a child with a stick and making the child run excessive punishment laps around the track.


    No evidence was presented at the hearing concerning these allegations.

  22. Paragraph 19 of the Administrative Complaint states: Respondent in the school year 1976-77,

    instructed a St. Johns Elementary student to

    keep running track even though she complained of being tired and ill. The student subsequently passed out.


    No evidence was presented concerning this allegation.


  23. Paragraph 20 of the Administrative Complaint states:


    Respondent in the school year 1978-79, warned two St. Johns Elementary students not to talk. When the students persisted, Respondent took their heads and knocked them together with sufficient force to cause one of the students to cry.


  24. Charles Green, an eleven-year-old fifth grader at St. Johns Elementary School, testified that about a year ago, he and another student, Rhonda Robinson, were talking in class at which time Respondent knocked their heads together. Charles further testified that Rhonda cried, but that he was not hurt by Respondent's actions.


    Respondent testified at the hearing and denied that the incident occurred. (Testimony of Green, Respondent)


    There is insufficient evidence upon which to base a finding that Respondent committed the act alleged.

  25. Paragraph 21 of the Administrative Complaint states: Respondent, during the 1979-80 school year,

    paddled a St. Johns Elementary student who

    is known by the staff to have asthma, and who was under doctor's orders to not become

    overly excited. The paddling was for untimely completion of an assignment.


    Insufficient competent evidence was presented at the hearing to support this allegation. (Testimony of McMillan, Respondent's Exhibit I)

  26. Paragraph 22 of the Administrative Complaint states:


    Respondent, during the 1979-80 school year, ignored a classroom teacher's request that a St. Johns Elementary student be excused from track because of a recent illness. The Respondent insisted upon the student's participation in the physical education activities.


    Insufficient evidence was presented at the hearing to support this allegation. (Testimony of Roberts, McMillan)


  27. Although there is no express policy on extraction of students' teeth by instructors in the Gadsden County School System, teachers fall under the general prohibition set forth in Chapter 231, Florida Statutes, which requires them to treat students humanely. Rules of the Gadsden County School Board require that corporal punishment be administered to a student only upon authorization by the school principal, and in the presence of another adult member of the professional, instructional, or administrative staff. Punishment must be administered on the posterior with every reasonable effort made to avoid striking the person elsewhere. In the opinion of the Gadsden County School Board Superintendent, striking a child with a broomstick on the head would be in violation of corporal punishment policies and would interfere with the effectiveness of the individual as an employee of the school board, as would kissing a student under questionable circumstances. In the past, the Gadsden County School Superintendent has not recommended any disciplinary action against Respondent to the School Board due to insufficient evidence obtained regarding several complaints. (Testimony of Bryant, Bishop, Petitioner's Exhibit 1)


  28. Respondent has received satisfactory performance evaluations since 1966, and excellent evaluations during the period 1980-81. A parent testified at the hearing as to his observation of Respondent's performance as a supervisor of athletics, and is of the opinion that he does good work. A fellow teacher testified that the children like Respondent and enjoy his classes. The present principal of the St. Johns Elementary School, who has served in that capacity since August, 1980, has received no complaints regarding Respondent, and considers him to be a very good teacher. (Testimony of J. Ray, Green, Kelli, Respondent's Exhibit 2)


  29. Respondent conceded at the hearing that he had extracted students' teeth on a number of occasions, but never did so without the child's permission, or if it seemed dangerous to do so. He recited that the children often came to him for help since he had been involved in Boy Scouts and Little League activities. He stated that in some cases the teeth would be hanging by a thread and, in one instance, a child had rotten teeth and had cut his tongue on one of them, so he removed it to prevent further injury. Respondent taught health classes and was generally called upon by the principal to provide first aid to injured students. Respondent denied pulling any teeth after receiving the letter from Principal Smoak directing him to cease that practice. (Testimony of Respondent)

    CONCLUSIONS OF LAW


  30. Based on the foregoing Findings of Fact, the following conclusions are reached concerning those factual allegations in the Administrative Complaint which conceivably could constitute a basis for disciplinary action under Chapter 231, Florida Statutes. Section 231.28, F.S., provides authority for the Education Practices Commission to suspend or revoke teaching certificates under the following pertinent circumstances:


  31. 231.28 Suspension or Revocation of Certificates.--


    1. It can be shown that such person has proved to be incompetent to teach or to perform his duties as an employee of the public school system...; has been guilty of gross immorality or an act involving moral turpitude; upon investigation has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board; or has otherwise violated the provisions of law or rules of the State Board of Education, the penalty for which

      is the revocation of the teaching certificate.


      The following paragraphs of the Administrative Complaint are discussed in relation to the above-stated grounds for discipline:


      1. Paragraph 4. Although the evidence established that Respondent zipped up the front of Twanda Ray's jeans on one occasion, his action was done at her request and merely to assist her. Disciplinary action is not warranted under the circumstances of this incident.


      2. Paragraphs 7, 8, 9, 10, 11. These "tooth pulling" incidents involving a number of first and second grade students were established by the evidence. Although not clearly shown in all cases, it is probable that these were uniformly situations in which children had loose teeth and either asked Respondent to remove them, or he took it upon himself as a supposed parens patriae to protect the well being of the children. Although he was cautioned and instructed to cease performing such acts by two principals in the past, the evidence shows that there is no school board policy or rule specifically prohibiting such action. Respondent did not specify a particular ground for discipline arising out of Respondent's actions in this regard. Under the circumstances of each incident, it cannot be concluded that Respondents actions were "inhumane," but merely ill advised in some cases. It cannot be concluded that Respondent was thereby guilty of incompetency, gross immorality or acts involving moral turpitude. At most, it could be considered personal conduct which reduced his effectiveness as an employee, but not to the serious degree required by the statute which would warrant suspension or revocation of his teaching certificate.


      3. Paragraph 13. This allegation involving Respondent's actions with regard to the "crutches" incident does not establish that Respondent conducted himself in a manner which could be considered sufficient to warrant disciplinary action.

      4. Paragraph 14. This paragraph involves several complaints by school teachers that Respondent was absent from the playground at various times when they took their children to physical education class, and evidence from several students that sometimes the Respondent left the playground with the result that the students had to dismiss themselves. Respondent presented legitimate reasons for these absences, and no evidence was presented to show that such absences were not justifiable or that the school principals had ever taken any action in this regard. Consequently, disciplinary action is not justified under the circumstances.


  32. Paragraph 15, 16. These allegations deal with teachers' complaints that Respondent did not submit accident reports for playground injuries; however, no evidence was presented concerning official requirements for the filing of accident reports or any showing that the records of the school failed to reflect such filings. Insufficient evidence has been presented to warrant disciplinary action.


In view of the foregoing, it is concluded that grounds for disciplinary action against Respondent have not been established.


RECOMMENDATION


That no disciplinary action be taken against the teaching certificate of Respondent, Isome Francis.


DONE and ENTERED this 29th day of December, 1981, in Tallahassee, Florida.


THOMAS C. OLDHAM

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904)488-9675


Filed with the Clerk of the Division of Administrative Hearings this 29th day of December, 1981



COPIES FURNISHED


James G. Mahorner, Esquire

107 South Bronough Street Tallahassee, Florida 32301


Philip J. Padovano, Esquire Post Office Box 873 Tallahassee, Florida 32302


Pamela Cooper, Esquire

213 South Adams Street Tallahassee, Florida 32301

Donald L. Griesheimer, Director Education Practices Commission

125 Knott Building Tallahassee, Florida 32301


Docket for Case No: 81-001594
Issue Date Proceedings
Mar. 23, 1982 Final Order filed.
Dec. 29, 1981 Recommended Order sent out. CASE CLOSED.

Orders for Case No: 81-001594
Issue Date Document Summary
Mar. 22, 1982 Agency Final Order
Dec. 29, 1981 Recommended Order Insufficient evidence presented to warrant disciplinary action against Respondent.
Source:  Florida - Division of Administrative Hearings

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