STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

EDUCATION PRACTICES COMMISSION, ) DEPARTMENT OF EDUCATION, )

)

Petitioner, )

)

vs. ) CASE NO. 84-0798

)

RONALD E. BOYD, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held in this case on May 16, 1984, in Pensacola, Florida, before the Division of Administrative Hearings by its designated Hearing Officer, Diane K. Kiesling.

APPEARANCES

For Petitioner: Wilson Jerry Foster

616 Lewis State Bank Building Tallahassee, Florida 32301

For Respondent: None

The issue in this case was whether the Respondent's teacher's certificate should be revoked, suspended or otherwise disciplined based on the allegations contained in the Administrative Complaint.

The Petitioner presented the testimony of Joel Mooneyham and Dwight D. Leonard, together with six exhibits. Additionally, the Petitioner filed Proposed Findings of Fact and Conclusions of Law as permitted by the statutes. All proposed findings and conclusions have been considered. To the extent that the proposed findings and conclusions submitted are in accordance with Findings, Conclusions and views submitted herein, they have been accepted and adopted in substance . Those findings not adopted are considered to be subordinate, cumulative, immaterial, unnecessary, or not supported by the evidence.

On February 15, 1984, Ralph D. Turlington, as Commissioner of Education of the State of Florida, filed an administrative complaint against Respondent accusing him of unlawfully possessing more than 20 grams of cannabis, a felony under Florida law. The Administrative Complaint sought to have Respondent disciplined for violation of Section 231.28, Florida Statutes and Rule 6B-1.06, Florida Administrative Code. Respondent was served with the Administrative Complaint and filed an Election of Rights with the Department of Education on February 29, 1984, thereby requesting a formal hearing under Section 120.57(1), Florida Statutes.

Pursuant to that request, a Hearing Officer was assigned and notice of the final hearing was furnished. At the hearing, Petitioner moved to amend paragraph 5 of the Administrative Complaint to reflect the charges contained in an amended information. That motion was granted.

FINDINGS OF FACT

1. Ronald E. Boyd is a teacher in the State of Florida, licensed by the Department of Education under Certificate No. 370632, covering the area of physical education.

   
   

2. At the time of the events alleged in the Amended Administrative Complaint, Mr. Boyd was employed by the Escambia County School District as a teacher at Ransome Middle School in Pensacola, Florida.

   
   

3. On about November 10, 1983, Respondent was apprehended while in possession of more than 20 grams of cannabis, a felony under Florida law.

   
   

4. On November 10, 1983, Sgt. Joel Mooneyham of the Escambia County Sheriff's Department, searched the residence of John and Daniel Driggers, who were suspected of being involved in the sale of drugs. During the search, Mooneyham discovered Mr. Boyd sitting on the floor of the bedroom in the midst of a large quantity of marijuana, which was apparently being manicured or cleaned for sale. Mooneyham saw Mr. Boyd sitting among a number of marijuana plants with scissors and other items necessary for the manicuring of the plants. Approximately 187 pounds of marijuana was seized at that time.

   
   

5. Mr. Boyd was arrested and charged in the Escambia County Circuit Court with the crime of possession of a controlled substance, to wit: more than 20 grams of cannabis in violation of Section 893.13(1)(e), Florida Statutes. Subsequently, the charges against him were amended to include conspiracy to possess and distribute marijuana.

   
   

6. The circumstances of Mr. Boyd's arrest resulted in newspaper publicity in the Escambia County community which was adverse to Mr. Boyd.

   
   

7. On the day and at the time of Mr. Boyd's arrest, he was scheduled to be at Ransome Middle School teaching. However, on that day Mr. Boyd had apparently called in a substitute teacher to take his place. After his arrest, Mr. Boyd failed to contact his school or to make any effort to advise the school of his situation. Mr. Boyd has been absent without leave from his teaching position since that time.

   
   

8. Dwight D. Leonard, Principal of Ransome Middle School, testified that as a result of Boyd's conduct, Mr. Boyd's effectiveness as an employee of the school board has been substantially reduced. Additionally, Mr. Leonard testified that the School Board did not give employment consideration to any applicant for employment if the applicant had a record similar to that of Mr. Boyd.

   
   

9. The acts of Mr. Boyd have seriously reduced his effectiveness as a teacher.

   CONCLUSIONS OF LAW

   
   

10. The Division of Administrative Hearings has jurisdiction of the parties to and the subject matter of these proceedings. Section 120.57(1), Florida Statutes (1983).

    
    

11. Section 231.28(1), Florida Statutes (1983), provides that the Education Practices Commission shall have authority to revoke a 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, or has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board.

    
    

12. As applied to the teaching profession, "immorality" has been defined as "conduct that is inconsistent with the standards of public conscience and good morals. It is conduct sufficiently notorious to bring the individual concerned or the education profession into public disgrace or disrespect and impair the individual's service in the community." Rule 6B-4.09(2), Florida Administrative Code. See also Negrich v. Dade County Board of Public Instruction, 143 So.2d 498 (Fla. 3d DCA 1962). Gross immorality is immorality involving acts which are serious rather than minor in nature and which involve a flagrant disregard of the standard of moral conduct embodied in this rule. Therefore, it is concluded that Mr. Boyd's conduct involved gross immorality as that term is used in Section 231.28(1)(c), Florida Statutes (1983).

    
    

13. Rule 6B-4.09(6), Florida Administrative Code, states:

    
    

    (6) Moral turpitude is a crime that is evidenced by an act of baseness, vileness or depravity in the private and social duties, which, according to the accepted standards of the time, a man owes to his or her fellow man or to society in general, and the doing of the act itself and not its prohibition by statute fixes the moral turpitude.

    
    

14. "Moral turpitude" also has been defined in State ex rel. Tullidge v. Hollingsworth, 146 So. 660 (Fla. 1933):

    
    

    Moral turpitude involves the idea of inherent baseness or depravity in the private social relations or duties owed by man to man or by man to society. (Citations omitted.) It has also been

    defined as anything done contrary to justice, honesty, principle, or good morals, though

    it often involves the question of intent as when unintentionally committed through error of judgment when wrong was not contemplated.

    
    

15. Under those standards, Boyd's conduct also constitutes a crime involving moral turpitude as that term is used in Section 231.28(1)(c), Florida Statutes (1983). See Adams v. Professional Practices Council, 406 So.2d 1170 (Fla. 1st DCA 1981), pet. rev. den., 412 So.2d 463 (Fla. 1982).

16. Based upon the findings of fact set forth above, it is finally concluded that Mr. Boyd has violated Section 231.28(1), alleged in the Administrative Complaint as amended, in that Mr. Boyd has been guilty of gross immorality or an act involving moral turpitude, and is guilty of personal conduct which seriously reduces his effectiveness as an employee of the School Board.

RECOMMENDATION

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

That Mr. Boyd's teacher's certificate No. 370632 be PERMANENTLY REVOKED. DONE and ENTERED this 5th day of July, 1984, in Tallahassee, Florida.

DIANE K. KIESLING

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 5th day of July, 1984.

COPIES FURNISHED:

Ronald E. Boyd 9181 N. Palafox

Pensacola, Florida 32504

Wilson Jerry Foster, Esquire 616 Lewis State Bank Building Tallahassee, Florida 32301

Donald Griesheimer Executive Director

Education Practices Commission

125 Knott Building Tallahassee, Fl. 32301

Docket for Case No: 84-000798

Orders for Case No: 84-000798