STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BOARD OF TRUSTEES, ) SEMINOLE COMMUNITY COLLEGE, )

)

Petitioner, )

)

vs. ) CASE NO. 81-2889

)

FREDERICK ALEXANDER, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William E. Williams, held a public hearing in this cause on March 18, 1982, in Sanford, Florida.

APPEARANCES

For Petitioner: Clayton D. Simmons, Esquire

Stenstrom, McIntosh, Julian, Colbert & Whigham, P.A.

Post Office Box 1330 Sanford, Florida 32771

For Respondent: None

On or about November 9, 1981, a Petition was filed with the Board of Trustees of Seminole Community College seeking expulsion of Respondent, Frederick Alexander, a student at the College. A copy of the Petition was served on the Respondent by sheriff's service on November 16, 1981.

By letter dated November 11, 1981, the Trustees, through counsel, requested that the Division of Administrative Hearings assign a Hearing Officer to conduct formal proceedings in this cause.

Final hearing in this cause was set for March 18, 1982, by Notice of Hearing dated December 21, 1981. At the final hearing, Petitioner called Cindy Conner, Oswald Adams, Tom Bernosky, Dr. James Sawyer, Claudette Gover, Rachel Roll, Pam Coffman and Thomas L. Reitz as its witnesses. Petitioner also offered Petitioner's Exhibits 1, 2, 3, 5 and 6, which were received into evidence. No testimony or documentary evidence was offered on behalf of Respondent, who did not appear either in person or by counsel or other authorized representative.

FINDINGS OF FACT

1. At all times material to this proceeding Respondent, Frederick Alexander, was a student at Seminole Community College. As such, Respondent was subject to the disciplinary rules and regulations of Seminole Community College as set forth in the College's general catalog, Volume 16, April 1981. In particular, Petitioner's Rule 6HX25-4.06 provides as follows:

   
   

   Seminole Community College expects its students to be mature and responsible citizens at all times and places. Any student whose conduct or dress, whether on or off campus, at any time, is in violation of law, is a public nuisance, or deemed improper and detrimental to the College, may be subject to disciplinary action including probation, suspension, dismissal or denial of re-enrollment . . . .

   
   

2. While enrolled at Seminole Community College, on or about September 25, 1981, Respondent entered Room J-110 at the College and, while in the presence of Claudette Gover, a secretarial employee of the College, exposed his genitals, and remarked to Ms. Gover, "Do you want some of this black stuff, Baby?" Ms. Gover appeared as a witness at the final hearing in this cause, and positively identified the Respondent from a photograph of the Seminole Community College basketball team. Subsequently, on or about October 26, 1981, Respondent was observed in the ladies shower room in the health building on the campus of Seminole Community College. That shower room is a non-coeducational facility, intended solely for use of female college students and faculty and staff members, and is clearly marked as such. Respondent was observed in the shower room by a female student who had just emerged from the shower and was clad only in her underclothing. Although Respondent made no overt advances to the female student, he remained in the locker room adjacent to the shower room, which also was used only by female students and faculty, until the female student dressed and left the room. Later, when questioned by college officials concerning his entry of the ladies shower room, the Respondent neither admitted nor denied his conduct. The Respondent was, however, positively identified as the individual in the shower room by the female student.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

4. Section 240.319(3)(b), Florida Statutes, authorizes the District Board of Trustees of Seminole Community College to adopt rules for the orderly and efficient operation of the Community College.

   
   

5. Section 240.319(3)(j), Florida Statutes, provides as follows:

   
   

   Each board of trustees may adopt, by

   rule, a uniform code of appropriate penalties for violations of rules by students and employees. Such penalties, unless otherwise

   provided by law, may include fines, the withholding of diplomas or transcripts pending compliance with rules or payment of fines, and the imposition of probation, suspension, or dismissal.

   
   

6. Seminole Community College Rule 6HX25-4.06, set forth in full in the Findings of Fact section of this Recommended Order, is a properly adopted rule of Seminole Community College, which was in full force and effect at the time of the occurrences described herein. It is specifically concluded, as a matter of law, that Respondent's conduct on September 25, 1981, and October 26, 1981, as more fully described hereinabove, was improper and detrimental to the proper conduct of educational services at the College, and therefore constituted a violation of said rule.

RECOMMENDATION

Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED:

That a final order be entered by the Board of Trustees of Seminole Community College dismissing Respondent as a student at the College.

DONE AND ENTERED this 15th day of April, 1982, at Tallahassee, Florida.

WILLIAM E. WILLIAMS

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 15th day of April, 1982.

COPIES FURNISHED:

Clayton D. Simmons, Esquire Stenstrom, McIntosh, Julian,

Colbert & Whigham, P.A. Post Office Box 1330 Sanford, Florida 32771

Frederick Alexander 1619 West 16th Street Sanford, Florida 32771

Docket for Case No: 81-002889

Orders for Case No: 81-002889