vs. ) Case No. 85-1446
RICHARD L. GRYTE, )
Respondent. )
Pursuant to notice, a hearing was held on February 5 and 6, 1986, in Sanford, Florida, before the Division of Administrative Hearings, by its designated Hearing Officer, Diane K. Kiesling.
For Petitioner: L. Haldane Taylor, Esquire
For Respondent: Richard L. Gryte, Pro Se
The issue in this proceeding is whether the teaching certificate of Richard L. Gryte should be revoked or otherwise penalized based on the acts and violations alleged in the Administrative Complaint.
The Petitioner, Department of Education, Education Practices Commission, presented the testimony of Quinton Wilkerson, Jeanette Burgess, Virginia D. Oliver, Betty Manly, Doris DePruell, Nancy Plank, Dr. Daniel Scinto, Gordon Hathaway, and Willie G. Holt. Additionally, Petitioner submitted the testimony of Dr. Robert J. Carlton and Douglas Smith by deposition and Petitioner had seven exhibits admitted in evidence.
Respondent, Richard L. Gryte (Gryte) presented the testimony of Franklin Hatfield, Arlene Mohr, June Schuman and Edna
Lagiudice, together with his own testimony. Gryte had five exhibits admitted in evidence, Respondent's Exhibits 1-4 and 6.
The transcript of the proceedings was filed on February 18, 1986, and the deposition of Douglas Smith was filed on February 21, 1986. Petitioner filed a Proposed Recommended Order on March 19, 1986. At the conclusion of the hearing, Gryte waived the filing of a proposed order, however he rescinded that waiver by letter filed March 7, 1986. On March 10, 1986, Gryte filed a document entitled "Post-hearing Comments-Filing." This is the only post-hearing document filed by Gryte which could be construed to be a proposed order, however, it contains no proposed findings of fact. To the extent necessary, a ruling has been made on each proposed finding of fact in the appendix attached to and made a part of this Recommended Order.
Richard L. Gryte holds Florida Teacher's Certificate Number 323641, issued on January 4, 1983, covering the areas of elementary education, early childhood education, emotionally disturbed education and Junior College.
Until his resignation on March 13, 1984, Gryte was employed by the Seminole County School Board as a teacher of emotionally handicapped students at the Milwee Middle School located in Longwood, Seminole County, Florida.
Gryte was initially hired by Douglas Smith, assistant principal at Milwee, in the summer of 1981, to serve as an emotionally handicapped (herein referred to as EH) resource teacher. This was based on Gryte's prior work history, as well as his educational background; including a master's degree in exceptional education. As a resource teacher, Gryte did not have academic responsibilities, but was used as a counselor who would work with students for a period during the day. These students would be assigned to the resource room by their regular classroom teachers, primarily if they had problems regarding behavior.
As a teacher involved with emotionally handicapped students, it was necessary for Gryte to prepare forms known as Individual Educational Plans (hereinafter referred to as IEP's). The IEP's were required by Federal and State law and were necessary in order for the school district to obtain funding.
From the beginning of his employment and assignment at Milwee Middle School, Gryte had difficulty performing administrative duties regarding documentation and other paperwork. Gryte recognizes that correct documentation is the
responsibility of a good teacher, but also acknowledges his weakness in that area.
When this problem was brought to the attention of Douglas Smith, assistant principal, he immediately sent memos and spoke with Gryte regarding the problem. During the 1981-82 year, out of the 22 IEP's necessary for Gryte to complete, at least 12 were incomplete or not done. The IEP's that were done were incomplete in that they lacked objectives, goals and other qualitative methods by which to determine the progress of the child.
Even as a resource teacher, Gryte failed to prepare lesson plans which were required of all teachers. In fact, Respondent failed to prepare lesson plans for the entire 1981-82 school term, despite being counseled and informed about the necessity of preparing and submitting lesson plans.
Overall, Gryte's teaching performance for the 1981-82 school term was not in keeping with minimum standards required of his profession. In addition to the paperwork and other administrative tasks, Gryte had a problem maintaining classroom discipline and control and would violate school rules by leaving the class unattended.
During the 1982-83 school term, Mr. Willie G. Holt became the principal at the school. He first became concerned regarding Gryte's performance because of safety concerns he had for student's in Gryte's resource class. Due to the nature of these children and their behavioral problems, it was a policy of the school that children would not be left alone and unattended. Gryte knew of this policy.
During the 1982-83 school year, Gryte would periodically leave his class unattended. On two occasions in the spring of 1983, a female student was involved with and performed sexual acts including masturbation and oral sex in the presence of two male students. These acts occurred when Gryte left his class unattended. Gryte recognized that it was wrong to leave the class unattended, but felt he could trust the boys involved and was only gone for a brief period of time.
Due to concern for the safety and welfare of the students entrusted to Gryte and because of a need to relieve the previous self-contained teacher, Mr. Holt, school principal, and Mr. Smith, assistant principal in charge of the exceptional education program, decided to place Gryte in the self-contained EH class for the 1983-84 school year. This was thought to be appropriate since the self-contained class had a full-time aide, Betty Manly, who would always be present in the event Gryte would leave the class unattended.
Gryte objected to this assignment, but based on his certification and education, he was qualified to be in the self- contained classroom and he was so assigned.
Gryte's teaching performance in the self-contained classroom during the 1983-1984 school term was extremely unsatisfactory in all aspects.
As in previous years, Gryte was required to submit weekly lesson plans. This was a requirement of all teachers. As in prior years, Gryte was derelict in preparing his lesson plans. From the beginning of the school term until January, 1984, he submitted lesson plans for the first five weeks, but failed to submit any lesson plans thereafter. He next submitted lesson plans for two weeks during the weeks of January 20 and 27, 1984. Thereafter, he did not submit any additional lesson plans until the date of his resignation in March, 1984. The assistant principals, Gordon Hathaway and Douglas Smith, repeatedly instructed Gryte to submit lesson plans timely, but he failed to do so. Even the lesson plans which were submitted were not proper in that they were too generalized and did not serve the proper function.
In addition, for the 1983-84 school term, Gryte still had problems completing his IEP's timely and in a proper manner. It was a concern of the school officials that if they were ever audited, they would lose funding. Gryte was counseled by Dr. Daniel Scinto and Dr. Robert Carlton regarding the preparation of IEP's, as well as class management, but little improvement occurred.
Gryte's classroom was extremely noisy, unruly and out of control. Dr. Carlton worked with Gryte on several occasions regarding implementation of behavioral management techniques. However, no improvement was noted.
The excessive noise from Gryte's classroom was disturbing to the adjoining classes. Mr. Holt started receiving complaints from other teachers. Mrs. Poole indicated that students in her classroom actually complained about the noise from Respondent's class, as did she.
The teacher's aide, Betty Manly, observed that Gryte did not assert control. He allowed the students to do as they pleased and demonstrated an apparent lack of classroom control. Gryte himself recognized that there was an excessive amount of noise in his class which was disturbing to other teachers.
Some of the noise was due to Gryte's policy of allowing students to use curse words and engage in verbal altercations,
which at times led to physical violence. He would permit the students to use "damn", "hell", and other similar curse words. On occasion, fights would break out among the students because Gryte would allow an argument to become too heated and would not assert control. He thought it was necessary for the children to have the freedom to release their anger in this manner. He ultimately hoped to be able to work with the students and this was part of his counseling therapy.
Gryte often imposed corporal punishment as a means of discipline with the students. However, he frequently imposed the punishment in violation of State law and School Board policy.
The School Board policy, as set forth in the student disciplinary code, requires that all corporal punishment be administered in the presence of another adult and not administered in the presence of other students. On numerous occasions, Gryte paddled a student in the classroom without the presence of another teacher or administrator as a witness and also while in the presence of other students. This practice was against direct orders of the principal. In addition, students were embarrassed by punishment being administered in front of other children.
Further, the practice is not appropriate when dealing with any student, but even less so when dealing with emotionally handicapped students. On one occasion, Gryte lined the entire class up for "licks." The noise of the paddling and the student's yelling brought an adjoining teacher to see what had occurred. When she arrived, a student was lying on the floor and his leg was shaking and the student was grimacing and in pain.
The teacher advised Gryte not to administer any more punishment, because it was in violation of the school policy.
During the first nine weeks of the 1983-84 school year, Gryte failed to provide grades for the students in his class. He was unable to give grades because students had not performed a sufficient amount of work in order for Gryte to evaluate their progress and to assign a competent grade. This was in violation of the school policy as well as the State law, and was upsetting to the administration. The school was required to send blank report cards, with the exception of P.E. grades.
Gryte was told to produce his grade book and test papers which had been performed by the students. A review of the grade book showed tests and work had not been required or performed or recorded in order to evaluate the students. What papers were produced by Gryte were not of sufficient quality or quantity to effectively grade the students. The policy of the school was to assign enough work each week to allow the students to receive periodic grades.
Gryte recognizes his duty to maintain paperwork and other documentation. He understands this is part of being a competent and effective teacher, even though he would place greater emphasis on the students.
Jeanette Burgess was a female student in Gryte's self- contained classroom his last year at Milwee. Gryte had a propensity to touch Jeanette in an inappropriate and unprofessional manner. He would periodically touch her on her face, ears and buttocks. This was embarrassing to Jeanette.
On one evening, Gryte called Jeanette's home to speak with her. Her mother, Diana Oliver, answered the phone and inquired as to the nature of the call. Gryte indicated it was a private matter and he needed to speak with Jeanette personally. This offended the mother and she refused to allow him to speak with her daughter and advised him that any matters pertaining to Jeanette in school should be discussed with her. In addition, in the mother's opinion, Gryte had been drinking. She formed this opinion based on slurred speech and other mannerisms.
On another occasion, Betty Manly entered the classroom and discovered Gryte standing extremely close to Jeanette and, in Ms. Manly's opinion, touching Jeanette inappropriately. Jeanette was forced back against Ms. Manly's desk and was obviously embarrassed by the situation. Gryte had dismissed the other students to attend P.E. class and was left in the room alone with Jeanette. The situation was upsetting to Jeanette, because she dropped her head and started crying when she was questioned about what had occurred between Gryte and her.
Following the telephone incident, Gryte, the principal, and Jeanette's mother had a conference and Gryte was directed not to administer corporal punishment or otherwise touch Jeanette for any reason. Gryte violated this direct order in that he did subsequently administer corporal punishment to Jeanette.
Another student in Gryte's self-contained class was a child by the name of Kelly Owens who had self-destructive tendencies and frequently would injure herself. On one occasion, Gryte sent her to the office alone and on the way, she took a piece of glass and cut her wrist and neck, not severely enough to cause death, but enough to result in extensive bleeding. Gryte had been specifically advised not to leave this child unattended. On one occasion, he gave her a pass to leave the school and go to an area known as the "swamp". This is an area off campus where students gather to smoke marijuana and allegedly participate in other similar activities. This occurred after a conference with the child's parents which Gryte attended and in which it was emphasized that the child needed close supervision.
On another occasion, Gryte actually left the child in the classroom asleep. This was at the end of the school day. Another teacher came by and found the child sleeping in the class by herself. Gryte indicated he was unaware that Kelly was still in the classroom.
In addition to the incident involving the telephone conversation with Jeanette Burgess' mother, Gryte appeared at an open house held on the school campus in the beginning of the 1983-84 school term. It was apparent that Gryte had been drinking. Those teachers present were definitely under the·impression that he had been drinking too much due to his slurred speech and demeanor. When confronted by Mr. Holt, Gryte admitted he had been drinking, but stated he only had one drink prior to the meeting.
Based on Gryte's conduct and performance at Milwee, the principal and assistant principal felt he was neither effective nor competent and would not employ Respondent in a teaching position. Respondent recognizes he is not qualified and competent to teach certain areas of his certification. He basically desires to be a counselor and not a teacher.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of the proceedings.
In the Administrative Complaint filed in this case, Petitioner seeks to discipline Gryte's teaching certificate based on violation of Sections 231.28(1)(b)(c)(f) and (h), Florida Statutes, which state that various penalties may be imposed if a teacher:
Has proved to be incompetent to teach or to perform duties as an employee of the public school system or to teach in or to operate a private school
Has been guilty of gross immorality or an act involving moral turpitude
* * *
(f) Upon investigation, has been found guilty of personal conduct which seriously reduces that person's effectiveness as an employee of the school board;
* * *
(h) 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.
It is further alleged in the Administrative Complaint that Gryte violated various rules of the Department of Education. As pertinent, Rule 6B-5.03, Florida Administrative Code, requires that an educator demonstrate competence in meeting the following requirements:
(1) Keep records in accordance with responsibilities designated by law and with accepted practices of the school district.
* * *
(5) Adhere to and enforce administrative policies of the school, district rules and State Board rules, in accordance with Florida Statutes.
Further, as relevant, Rule 6B-5.05, Florida Administrative Code, requires that a competent educator:
(1) Establish rapport with students by using appropriate verbal and visual motivational devices.
* * *
(3) Practice instructional and social skills which assist students to interact constructively with their peers by encouraging expressions of ideas, opinions, and feelings.
The Administrative Complaint further charges violation of Rule 6B-5.07, Florida Administrative Code, which states, in pertinent part, that the educator shall show competence in the following management techniques:
(1) Resolve discipline problems in compliance with the policies of the school, rules of the district school board and the State Board, and Florida Statutes.
* * *
(4) Use management techniques appropriate to the particular setting.
Additionally, Rule 6B-5.10, Florida Administrative Code, as alleged, states that an educator shall demonstrate competence in the following human and interpersonal relations skills:
(6) Comply with reasonable requests and orders given by and with proper authority.
Finally Rule 6B-1.06, Florida Administrative Code, specifies that it is the Principles of Professional Conduct and that violation of the principles shall subject the individual to revocation or suspension or other penalization of the individual's teaching certificate. The Administrative Complaint alleges that Gryte violated the following provisions of Rule 6B-1.06:
(3)(a) Shall make reasonable effort to protect the student from conditions harmful to learning or to health or safety.
* * *
Shall not intentionally expose a student to unnecessary embarrassment or disparagement.
Shall not intentionally violate or deny a student's legal rights.
* * *
(h) Shall not exploit a professional relationship with a student for personal gain or advantage.
In light of the foregoing Findings of Fact, it is concluded that Gryte is guilty of incompetence and of violating Section 231.28(1)(b), Florida Statutes, and Rules 6B-5.03(1) and (5), 6B5.05(1) and (3), 6B-5.07(1) and (4) and 6B-5.10(6), Florida Administrative Code. Gryte failed to keep appropriate and required records, i.e. lesson plans, IEP's, grades, and student performance records. He also failed to adhere to school policies by his failure to keep these records and his failure to stay with his students in the classroom. Gryte's use of inappropriate language and physical gestures and his classroom structure which allowed inappropriate behavior, confrontations, and verbal and physical attacks violates the rules.
Additionally, Gryte violated both policy, rules and statutes (Section 232.27) in administering corporal punishment. He repeatedly administered corporal punishment in front of other students and without another adult being present. In general, his classroom management techniques were so grossly inadequate that no teaching or learning could occur because the class was totally out of control. Gryte was told and ordered, repeatedly, to correct these deficiencies and he failed to do so or to even show marginally acceptable improvement.
There is inadequate evidence to support a violation of Section 231.28(1)(c), Florida Statutes, and it is concluded that this charge should be dismissed.
Gryte is guilty of violating Section 231.28(1)(f), in that his incompetence resulted in loss of effectiveness in the school system. Teachers, students and administrators are now aware of Gryte's inability to perform competently and his effectiveness has been reduced accordingly.
Finally, Gryte is guilty of violating Section 231.28(1)(h) and Rules 6B-1.06 (3), (a), (e), and (f). Gryte has exposed students to harm to their health and safety by his failure to adequately monitor and remain in his classroom and by his failure to protect the students assigned to him. He has also created a situation where the students could not learn because no teaching or learning could occur. His improper administration of corporal punishment and his mismanagement in class which allowed verbal and physical attacks on students exposed those students to unnecessary embarrassment or disparagement. Further, Gryte's repeated use of corporal punishment in violation of statutes and rules is a direct violation of the legal rights of students. However, it is concluded that Gryte is not guilty of violating Rule 6B-1.06(3)(h) in that the evidence is inadequate to support this charge.
It is important to note also that Gryte honestly admits his present incompetence to perform in the areas of his certification. He recognizes that he is not qualified to teach in the classroom and that he is basically only competent to perform counseling duties. However, Gryte is presently certified in all classes of elementary education, early childhood education, emotionally disturbed education, and junior college and he is admittedly incompetent in all areas except EH Resource teaching (which is essentially counseling). No area of certification is so limited as to qualify him for EH Resource teaching only.
RECOMMENDED that the Education Practices Commission enter a Final Order revoking the teaching certificate of Richard L. Gryte for a period of three years, subject to reinstatement thereafter pursuant to Section 231.28(4)(b), Florida Statutes.
DONE and ORDERED this 11th day of April, 1986, in Tallahassee, Florida.
DIANE K. KIESLING, Hearing Officer Division of Administrative Hearings The Oakland Building
Filed with the Clerk of the Division of Administrative Hearings this 11th day of April, 1986.
Richard L. Gryte
Karen B. Wilde Executive Director Department of Education
Ms. Marlene Greenfield, Administrator Professional Practice Service
The following constitutes any specific rulings pursuant to Section 120.59(2), Florida Statutes, on all proposed findings of fact submitted by the parties to this case.
Petitioner's Proposed Findings of Fact 1-31 are all adopted in substance.
Rulings on Proposed Findings of Fact of Respondent Respondent filed no Proposed Findings of Fact.
