STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RALPH D. TURLINGTON, as )

Commissioner of Education, )

)

Petitioner, )

)

vs. ) CASE NO. 81-2341

)

WILLIAM MATTHEW RODGERS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, SHARYN L. SMITH, conducted a hearing in this cause on March 10, 1982, in Tallahassee, Florida. The following appearances were entered:

APPEARANCES

For Petitioner: Craig R. Wilson, Esquire

RUFFOLO & WILSON

The Law Building, Suite 204

315 Third Street

West Palm Beach, Florida 33401 For Respondent: No appearance was entered.

The issue presented for determination in this case is whether the teaching certificate of Respondent Willard Matthew Rodgers should be revoked, suspended or other disciplinary action imposed based on the allegations set forth in the Administrative Complaint dated June 5, 1981.

At the final hearing, Petitioner's Exhibits 1A-B, 2-7 were offered and admitted into evidence. Although the Respondent Rodgers did not appear at the final hearing, he was granted leave by the Hearing Officer to file a sworn affidavit subsequent to the hearing which disputed the allegations contained in the Administrative Complaint and presented argument in mitigation of any penalty. The affidavit dated March 17, 1982, is hereby admitted as Respondent's Exhibit 1.

PROCEDURAL BACKGROUND

On June 5, 1981, the Commissioner of Education filed an Administrative Complaint which charged that the Respondent Rodgers committed several acts upon or in the presence of female students while he was an instructor at Alva Middle School in the school year 1980-1981.

The final hearing in this case was originally noticed for February 25, 1982, in Moore Haven, Florida. Based on the Respondent Rodgers' failure to respond to any prehearing orders, the final hearing was continued until March 10, 1982, and conducted pursuant to Rule 6B-11.03, Florida Administrative Code.

FINDINGS OF FACT

1. The Respondent Willard Matthew Rodgers holds a teaching certificate issued by the State of Florida.

   
   

2. During the school year 1980-1981, the Respondent Rodgers was a teacher at the Alva Middle School, in Alva, Florida, where he was an instructor in the "work-experience" program. This specialized program enabled students to attend class while working for compensation in the community.

   
   

3. One of the students enrolled in the Respondent's "work-experience" program was Jill Armstrong, who at that time resided with her parents in Alva, Florida and, during the 1980-1981 school year, was fourteen years of age.

   
   

4. Prior to the start of the 1980-1981 school year, the Respondent offered Ms. Armstrong a ride to the county health clinic to receive a tuberculosis inoculation which was required due to her job at a local fast-food restaurant. While riding in the Respondent's truck on the way home from the health clinic, the Respondent asked Ms. Armstrong if she would "go into the bushes with him." Ms. Armstrong declined the invitation and exited the vehicle.

1. Approximately five weeks later, the Respondent was taking Ms. Armstrong to work during school hours when he told her about a sexual experience he had with a married female teacher known to Ms. Armstrong and who at the time was also teaching at Alva. The Respondent stated that this female teacher was "horny all the time" and had recently given birth to his child. Respondent also discussed with Ms. Armstrong a sexual encounter he had with another female teacher who was also employed at Alva.

   
   

2. In addition to these two specific instances, the Respondent told Ms. Armstrong of his sexual relationships with other teachers and mentioned that he had run an escort service in Okeechobee, Florida.

   
   

3. On another occasion, the Respondent informed Ms. Armstrong and another student that he had a vasectomy and as a result could not get anyone pregnant. The Respondent also related to Ms. Armstrong during the school year that he would like to suck her breast and made physical contact with her on the leg just below her hip.

   
   

4. Another student who was enrolled in the Respondent's "work-experience" class in 1980-1981 was Ginger Harris, who currently resides with her parents in Pineville, North Carolina. During the 198O-1981 school year, Ms. Harris was 14-

   15 years of age and was in the eighth grade.

   
   

5. As in the case of Ms. Armstrong, the Respondent made on several occasions suggestive comments to Ms. Harris regarding his desire or availability to be involved sexually with her and on one occasion touched her breast in what could be construed as a suggestive manner.

6. At the request of the Lee County School Board, the Respondent submitted to a polygraph examination which was performed by Don H. Jerz, a state licensed polygraph examiner, on December 5, 1981. During the course of a pretest interview, the Respondent admitted to Mr. Jerz that he might have made physical contact with Ms. Armstrong and Ms. Harris. However, the physical contact which the Respondent discussed with Mr. Jerz was different from that described by the complaining witnesses.

   
   

7. The allegations of sexually inappropriate behavior concerning the Respondent Rodgers are well known in the community and as a result his effectiveness in the classroom and as a member of the teaching profession has been seriously diminished.

   
   

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this proceeding. Section 120.57(1), Florida Statutes.

   
   

9. Pursuant to Section 231.28(1), Florida Statutes, the Education Practices Commission has the authority to suspend or revoke the teaching certificate of any person provided:

   
   

   [it] can be shown that such person

   ...has been guilty of gross immorality or an act involving moral turpitude;... upon investigation has been found guilty of personal conduct which seriously re- duces 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.

   
   

10. The conduct of the Respondent in discussing sexual matters with teenage female students in an explicit and suggestive manner and inappropriately touching such students demonstrates gross immorality and personal conduct which seriously reduces his effectiveness as a teacher.

    
    

11. Accordingly, the Petitioner has met its burden of establishing a prima facie violation of Section 231.28, Florida Statutes. See Rule 6B-11.03, Florida Administrative Code.

    
    

12. The question remaining for determination is the appropriate penalty to be imposed based on the record in this case. Through his sworn statement, the Respondent Rodgers has denied any involvement with female students or fellow teachers while employed at Alva Middle School. He has stated that he wants to retain his certificate even though he is presently employed in a non-teaching position out of the state. The Petitioner has requested that the Respondents license be permanently revoked while the Director of Personnel Services for the Lee County School Board, Mr. Thomas W. Benton, suggested an appropriate penalty would be a revocation of five to ten years in addition to mandatory counseling. The undersigned concurs with the suggestion of Mr. Benton and believes that a revocation of up to ten years is appropriate provided, however, that the Respondent be eligible for reinstatement at an earlier date upon successful completion of mental health counseling.

RECOMMENDATION

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

That the Respondent Willard Matthew Rodgers' teaching certificate be revoked for ten (10) years, provided, however, that the Respondent would be eligible for reinstatement at an earlier period if he demonstrates a fitness to resume teaching by furnishing the Commissioner of Education evidence that he has successfully completed counseling with a mental health professional and that as a result of such successful counseling, the mental health professional has recommended that the Respondent be reinstated as a certified teacher.

DONE and ORDERED this 21st day of June, 1982, in Tallahassee, Florida.

SHARYN L. SMITH

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 21st day of June, 1982.

COPIES FURNISHED:

Craig R. Wilson, Esquire RUFFOLO & WILSON

The Law Building, Suite 204

315 Third Street

West Palm Beach, Florida 33401

Donald L. Griesheimer Willard Matthew Rodgers

Director Rural Route #2

Education Practices Commission Box 526

125 Knott Building Moore Haven, Florida Tallahassee, Florida 32301

Docket for Case No: 81-002341

Orders for Case No: 81-002341