Benton, II, Hearing Officer of the Division of Administrative Hearings on September 4, 1986. The Division of Administrative Hearings received the transcript of the final hearing on September 25, 1986. The parties agreed to 20 days from receipt of the transcript in which to file proposed recommended orders. Petitioner's proposed findings of fact are addressed by number in the appendix to the recommended order.
For Petitioner: William E. Williams, Esquire
George R. Miller, Esquire Post Office Box 687
By administrative complaint dated March 10, 1986, petitioner alleged that respondent "[a]t all times material hereto ... has held Teacher's Certificate No. 544370... [and] was employed as a full-time teacher and athletic coach at Paxton High School in the Walton County School District": that "[o]n or about two weeks prior to January 26, 1985, ... [he] did contact a female student at Paxton High School and made inappropriate remarks about another female student
... [and] used the first female student to arrange an after school meeting with" her friend; that he "[o]n or about January 26, 1985, ... transported two females and a male, who were students at Paxton High School, to ... [his] residence, where he offered to provide the students with alcoholic beverages"; that he then "led one of the female students, who was sixteen years of age, into his bedroom and suggested the other female student and male student use another bedroom"; that he "removed the female student's clothing and had sexual intercourse with
her"; that he "[o]n or about February 2, 1985, ... again had sexual intercourse with the same student... and repeated that conduct on March 2, March 16, March 23, and March 29, 1985, with the same female student"; that respondent's "repeated sexual intercourse with a student under his authority at the high school, was known to other students and teachers at Paxton High School"; that respondent "when confronted by another teacher, admitted having committed the aforementioned acts with the female student"; that respondent in "a letter of resignation ... admitted 'I feel that I have lost most of my effectiveness as a teacher'"; that respondent "has been arrested and charged by the State of Florida with two counts of sexual battery upon a minor ... [and] has been removed from the list of authorized teachers for Walton County School District"; that respondent "has been guilty of gross immorality or an act involving moral turpitude" in violation of Section 231.28(1)(c), Florida Statutes (1985) and "has been guilty of personal conduct which seriously reduces his effectiveness as an employee of the school system" in violation of Section 231.28(1)(f), Florida Statutes (1985), and "has exploited his professional relationship with a student for personal gain and advantage, and has failed to use reasonable efforts to protect students from conditions harmful to learning, or to their health or safety... [and] has committed such acts of misconduct, immorality, and moral turpitude as to effectively eliminate his ability to perform as an educator in the State of Florida" in violation of Rule 6B-1.06, Florida Administrative Code.
At hearing, petitioner's motion ore tenus to amend to allege that respondent admitted to a student, not to another teacher, having had sexual intercourse with another student was granted.
Whether petitioner should take disciplinary action against respondent for the reasons alleged in the administrative complaint?
Respondent Robert E. Mancill holds Teacher's Certificate No. 544370, issued by respondent on July 1, 1984, and valid through June 30, 1989.
Mr. Mancill began as a teacher and coach at Paxton High School in Walton County in the fall of 1984. Gary Carnley was among the basketball players he coached that year and the next.
Like Gary, Casandra Washington (Cocoa) was a close friend of their mutual classmate, Paula Powell. Paula, who was never assigned to Mancill as a student, was born on August 23, 1968.
During the 1985-1986 school year, Mr. Mancill asked Cocoa to ask Paula to come to his house, which Paula agreed to do. In keeping with their arrangement, Paula drove from her house to Leslie Harrison's house, on January 26, 1985. From Leslie's house, Paula and Leslie set out in Leslie's car for Cocoa's house where they picked up Cocoa and went on together to the home of Chandler Wilson.
The four teenagers then kept their rendezvous with Coach Mancill at the Florala City School. Coach Mancill was waiting when they arrived. The teenagers disembarked, except for Leslie who drove off. Coach Mancill, Paula, Cocoa, and Chandler then drove in the Coach's car to his home.
With the others seated in the living room, the coach entered the kitchen, and the students soon heard the sounds of a blender. The coach produced four drinks which smelt like lemonade and looked like crushed ice. He told his guests the concoction was "Gin Whoopee" (T. 48) and offered a drink to each. Chandler declined. Cocoa had a little. Paula drank the one glass she was offered, her first alcoholic beverage.
Mr. Mancill then said to Cocoa and Chandler, with reference to bedrooms opening off the hallway he began down with Paula, "the room on the left is yours, the room on the right is mine and Paula's." Once inside the bedroom with Paula he sat her on the bed, disrobed her, undressed himself, and engaged in sexual intercourse with her. Later he told Cocoa about Paula's blood on the sheets, expressing surprise at her erstwhile virginity. Three quarters of an hour after they entered the bedroom, they emerged to find Cocoa and Chandler playing records in the living room.
By the time the foursome reached the Florala City School, it was about half past ten. Leslie dropped Chandler off then took the two girls back to her house where Paula's car was still parked. On the way to Cocoa's house, Paula told her what had happened saying she did not believe it herself. Cocoa could tell she was afraid.
Paula continued to see the respondent nevertheless. "He would talk to Casandra and tell her to tell [Paula] where to meet and all, and what time." (T. 35) On January 26, February 2, March 2, March 16, March 23 and finally on March 29, 1985, respondent Mancill and Paula had sexual intercourse in his car. (T. 14, 43)
"[W]hen all the teachers and students found out" (T.70), Gary Carnley confronted respondent who "said he shouldn't have done it." (T. 70) Paula's own basketball coach, Tom Pitman, a friend of the family, advised Paula that she needed to let her parents know about Mancill. She accepted his offer to come over to her house to be on hand when she told her parents on April 14, 1985. (T.37)
Two days earlier respondent had written Mrs. Virginia Pridgen, Paxton High School's principal, as follows:
Since turning in my letter of intent, (not to be asked to be recommended back), I feel that I have lost most of my effectiveness as a teacher.
After hearing certain rumors during the last two weeks, I feel that my teaching is impaired even though these rumors are false. The rumors are there and will be there for the remainder of the year. These rumors have affected me personally, socially, and emotionally in regards to my family.
After much consideration, I feel it would be to my best interest to resign my position at Paxton High School.
Robert Earl Mancill
After writing this letter, Mr. Mancill never returned to work at Paxton High School. His misconduct with Paula Powell did in fact "diminish[] any effectiveness ... he may have had as an instructor." (T.78)
Ms. Powell's involvement with respondent hurt her emotionally and also tarnished her reputation. But she has persevered, staying on at Paxton High School for her senior year and finishing first in her call. She planned to begin at Troy State University a week after the final hearing.
CONCLUSIONS OF LAW
The Education Practices Commission, within petitioner Department of Education, is authorized to suspend, revoke, or revoke permanently teacher's certificates "or to impose any other penalty provided by law," Section 231.28(1), Florida Statutes (1985), upon proof that the holder of the certificate "[h] has been guilty of gross immorality or an act involving moral turpitude." Section 231.28(1)(c), Florida Statutes (1985), or of "personal conduct which seriously reduces that person's effectiveness as an employee of the school board," Section 231.28(1)(f), Florida Statutes (1985), or upon proof that a teacher has violated "rules of the State Board of Education, the penalty for which is the revocation of the teaching certificate." Section 231.28(1)(h), Florida Statutes (1985). Among the rules for which a certificate may be revoked are those requiring that teachers "make reasonable effort to protect the student from conditions harmful to learning or health or safety," Rule 6B-1.06(3)(a), Florida Administrative Code; "not intentionally expose a student to unnecessary embarrassment or disparagement," Rule 6B-1.06(3)(e); Florida Administrative Code, and "not exploit a professional relationship with a student for personal gain or advantage." Rule 6B-1.06(3)(h), Florida Administrative Code.
License revocation proceedings have been said to be "'penal' in nature." State ex. rel. Vining v. Florida Real Estate Commission, 281 So. 2d 487, 491 (Fla. 1973); Kozerowitz v. Florida Real Estate Commission, 289 So 2d
391 (Fla. 1974); Bach v. Florida State Board of Dentistry, 378 So. 2d 34 (Fla. 1st DCA 1979) (reh. den. 1980). Strict procedural protections apply, and the prosecuting agency's burden is generally believed to be to prove its case clearly and convincingly. See generally Addington v. Texas, 441 U.S. 426 (1979); Ferris v. Austin, 487 So. 2d 1163, (Fla. 5th DCA 1986); Anheuser-Busch, Inc., v. Department of Business Regulation, etc., 393 So 2d 1177 (Fla. 1st DCA 1981); Walker v. State Board of Optometry, 322 So. 2d 612 (Fla. 3rd DCA 1975); Reid v. Florida Real Estate Commission, 188 So. 2d 846, 851 (Fla. 2d DCA 1966). A licensee's breach of duty justifies revocation only if the duty has a "substantial basis," Bowling v. Department of Insurance, 394 So. 2d 165, 173 (Fla. 1st DCA 1981) in the evidence, unless applicable statutes and rules create a clear duty, which the evidence shows has been breached.
The evidence adduced in the present case clearly and convincingly established that respondent Robert E. Mancill was guilty of conduct which involved moral turpitude, reduced his effectiveness as a teacher, and violated state board rules, all in violation of Section 231.28(1), Florida Statutes (1985).
