STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

FLORIDA, )

)

Petitioner, )

)

vs. ) CASE NO. 86-2277

)

YVES VERDINER, )

)

Respondent. )

) DEPARTMENT OF EDUCATION, )

BETTY CASTOR, )

)

Petitioner, )

)

vs. ) CASE NO. 88-0598

)

YVES VERDINER, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter was heard by William R. Dorsey, Jr., the Hearing Officer assigned by the Division of Administrative Hearings on June 17, 1987, and March 25, 1988, in Miami, Florida. The parties have submitted proposed recommended orders. Rulings on proposed findings of fact are made in the appendix to this Recommended Order.

APPEARANCES

For the School Board of Dade County: Frank R. Harder, Esquire

175 Fontainebleau Boulevard, Suite 2A-3 Miami, Florida 33172

For the Commissioner of Education: Craig R. Wilson, Esquire

215 5th Street

West Palm Beach, Florida 33401

For Respondent Yves Verdiner: William DuFresne, Esquire

2929 S.W. 3rd Avenue, Suite One Miami, Florida 33129

PROCEDURAL BACKGROUND

This matter was first heard on June 17, 1987, on the administrative complaint filed in case 86-2277 seeking to terminate the employment of Mr. Verdiner as a teacher for the School Board of Dade County. Mr. Harder appeared for the School Board and Mr. DuFresne for Mr. Verdiner. That hearing was not completed because three witnesses who had been properly subpoenaed by the School Board did not attend, and the School Board had to file petitions to enforce those subpoenas under Section 120.58(3), Florida Statutes. Serving the enforcement petitions and obtaining circuit court hearings consumed a substantial period of time. While the enforcement proceeding was pending, the Commissioner of Education filed Case No. 88-0598, seeking to revoke the teaching certificate held by Mr. Verdiner for the conduct which formed the basis for the School Board's charges. By consent of all parties, the action filed by the Commissioner of Education was consolidated with the action filed by the School Board of Dade County. The parties stipulated that the evidence presented at the June 17, 1987, hearing by the School Board of Dade County would be also considered as part of the evidence of the Commissioner of Education against Mr. Verdiner.

Testimony was received from the principal of the school where Mr. Verdiner was employed, Eric Parker; Dade County Special Investigative Unit Investigator Frank Edwards; Dr. James E. Munroe, coordinator of the Dade County Division of Professional Standards; Dr. D. Patrick Gray, Executive Assistant Superintendent for the Dade County Schools. A number of students also testified. Mr. Verdiner testified on his own behalf.

ISSUES

The issues are whether Mr. Verdiner should be dismissed from employment as a continuing contract teacher with the Dade County School Board for immorality, misconduct in office, and gross insubordination and whether his certificate as a Florida teacher should be revoked.

FINDINGS OF FACT

1. Yves Verdiner holds teaching certificate number 464217 issued by the Department of Education. He held that certificate at all times pertinent to the complaints filed against him.

   
   

2. Mr. Verdiner is employed by the School Board of Dade County as a continuing contract teacher. He was an industrial arts classroom teacher at Thomas Jefferson Junior High School during the summer of 1983 and during the 1985-1986 school year. The principal at Thomas Jefferson Junior High School was Mr. Eric Parker.

   
   

   The summer of 1983

   
   

3. During the 1983 summer school session, Milagros Jimenez, a seventh grade female student, was assigned to Mr. Verdiner's class.

   
   

4. Miss Jimenez was designated a class foreman, which meant that she was responsible for distributing wood supplies. This brought her into more frequent contact with Mr. Verdiner than other students.

5. One day, while talking with Miss Jimenez, Mr. Verdiner used both hands to lift up her blouse and expose her bra. He also made a sexual reference to her, saying that he wanted to "jack off."

   
   

6. A few days later, Mr. Verdiner patted Miss Jimenez on the buttocks.

   
   

7. On another occasion Miss Jimenez climbed onto Mr. Verdiner's desk to reach some wood on a shelf above his desk. Mr. Verdiner held Miss Jimenez's leg to steady her with his hands on one ankle. When she jumped down from the desk, Mr. Verdiner left his hand in contact with her leg until it reached her vaginal area.

   
   

8. During the 1983 summer session, Sonia Pattee was assigned to Mr. Verdiner's class. In the woodshop there is a small tool shed, of a type that is often located in a home backyard. While Miss Pattee was in the shed, Mr. Verdiner entered it, closed the door and hugged Miss Pattee.

   
   

9. On another occasion, when Miss Pattee was sitting on one of the desks in the shop class, Mr. Verdiner put his hand on her buttocks while she was moving herself from the desk.

   
   

10. On more than one occasion, Mr. Verdiner solicited Miss Pattee to have sex with him in his van.

    
    

11. During the 1983 school year, Mr. Verdiner would often use improper language in addressing students during class, using such words as "shit" and "damn" and saying such things as "what the fuck is wrong with you?" or "are you fucking stupid?"

    
    

12. After an investigation was made into the allegations of touching students and using improper language, a conference for the record was held with school administrators. Mr. Verdiner was specifically instructed both by his principal and by the district administrator of the Office of Professional Standards for the Dade County Schools that he was not to make physical contact with or touch students, and that he was not to use vulgar or profane words in the classroom.

    
    

    The 1985-86 School Year

    
    

13. Mr. Verdiner taught woodshop at Thomas Jefferson Junior High School during the 1985-1986 school year. Catina Pierre-Louis was a student in his class. She was in seventh grade and approximately 13 years old.

    
    

14. In December 1985, while in Mr. Verdiner's class, Miss Pierre-Louis received permission to leave the classroom to go to the water fountain outside in the hallway. As she leaned over to drink from the fountain, Mr. Verdiner put his arms around her and rubbed her vaginal area with both of his hands. Miss Pierre-Louis pushed him away by pushing her elbows backwards. Miss Pierre-Louis felt ashamed about what had happened and was afraid to tell her mother and the teachers and principal at school.

    
    

15. Three or four days later, Miss Pierre-Louis was standing against one of the tables in the shop class when Mr. Verdiner came behind her and placed his hands on her buttocks and squeezed them. Miss Pierre-Louis reported the incident to her counselor, Miss Mapp and shortly thereafter was transferred out of Mr. Verdiner's class.

16. While in Mr. Verdiner's class, Miss Pierre-Louis often heard Mr. Verdiner using profanity or vulgar language, saying things as "shut the fuck up."

    
    

17. During the 1985-86 school year Stephanie Williams was a student in Mr. Verdiner's woodshop class. Mr. Verdiner would rub or pat her back, ostensibly to congratulate her. Mr. Verdiner engaged in this sort of physical touching only with female students, not with any of the male students in the class.

    
    

18. While teaching, Mr. Verdiner would use words such as "fuck," "shit," and "damn" commonly during his classes.

    
    

19. The Hearing Officer accepts the testimony of the principal at Thomas Jefferson Junior High School that there was awareness among other teachers, students and parents of Mr. Verdiner's conduct which has seriously impaired his effectiveness as a teacher.

    
    

20. The Hearing Officer also accepts the testimony of Dr. Gray that Mr. Verdiner's touching of his female students, and his use of indecent language constitutes immorality or acts of moral turpitude, conduct which seriously reduced his effectiveness as a teacher.

    
    

    CONCLUSIONS OF LAW

    
    

21. The Division of Administrative Hearings has jurisdiction over this matter. Section 120.57(1), Florida Statutes (1987)

    
    

22. Mr. Verdiner's conduct with respect to his female students is inconsistent with standards of public conscience and good morals. The situation is more serious because he persisted in the conduct in 1985, after being warned against engaging in that conduct in 1983. He has violated Section 231.28(c), Florida Statutes, which subjects a teacher to discipline when the teacher is guilty of "gross immorality or an act involving moral turpitude." This conduct also violates the Principles of Professional Conduct for the Education Profession in Florida found in Rule 6B-1.006, Florida Administrative Code, in that he has intentionally exposed Miss Pierre-Louis to unnecessary embarrassment through his sexual advances, and has exploited his professional relationships with Miss Jimenez and Miss Pattee for personal advantage by improper sexual touching. Rule 6B- 1.006(3)(e), (h), Florida Administrative Code. Violation of these rules is an independent ground for revoking a teaching certificate. Section 231.28(1)(h), Florida Statutes. The loss of effectiveness as a teacher due to the misconduct is a further ground for revocation. Section 231.28(1)(f), Florida Statutes.

    
    

23. Mr. Verdiner is also guilty of violation of Section 231.36(4)(c), Florida Statutes, in that, while holding a continuing contract, he has been guilty of immorality through his improper sexual advances, and gross insubordination by persisting in improper touching of female students and in the use of vulgar and indecent language in the classroom, after being specifically warned in 1983 that such conduct was specifically forbidden. See also Rule 6B- 4.009(4), Florida Administrative Code,

    
    

24. The conduct of Mr. Verdiner justifies his dismissal from employment as a continuing contract teacher with the School Board of Dade County, and the revocation of his teaching certificate.

RECOMMENDATION

With respect to Case No. 86-2277, it is recommended that a final order be issued by the School Board of Dade County dismissing Mr. Verdiner as a continuing contract teacher, and with respect to Case No. 88-0598, it is recommended that the teaching certificate held by Mr. Verdiner be permanently revoked.

DONE AND ENTERED in Tallahassee, Leon County, Florida, this 27th day of September, 1988.

WILLIAM R. DORSEY, JR.

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1050

(904) 488-9765

Filed with the Clerk of the Division of Administrative Hearings this 27th day of September, 1988.

APPENDIX

The following are my rulings of the proposed findings of fact submitted by the parties pursuant to Section 120.59(2), Florida Statutes (1985) Rulings on the proposed findings of fact made in the Amended Proposed Recommended Order of the School Board of Dade County:

1. Covered in Procedural background.

2. Covered in Procedural background.

3. Rejected as unnecessary.

4. Covered in findings of fact 8, 9, 10, and 11.

5. Covered in findings of fact 3-7.

6. Covered in finding of fact 12.

7. Covered in finding of fact 12.

8. Covered in findings of fact 13-16.

9. Covered in finding of fact 18.

10. Rejected as unnecessary.

11. Covered in finding of fact 19.

12. Covered in finding of fact 20.

Rulings on Proposed findings of fact of the Commission of Education:

1. Covered in finding of fact 1.

2. Covered in finding of fact 2.

3. Covered in the Procedural background.

4. Rejected as not constituting a finding of fact.

5. Covered in finding of fact 3.

6. Covered in finding of fact 4.

7. Covered in finding of fact 5.

8. Covered in finding of fact 6.

9. Covered in finding of fact 7.

10. Covered in finding of fact 11.

11. Covered in finding of fact 8.

12. Covered in finding of fact 8.

13. Covered in finding of fact 9.

14. Covered in finding of fact 11.

15. Covered in finding of fact 10.

16. Covered in finding of fact 11.

17. Rejected as unnecessary.

18. Covered in finding of fact 14.

19. Covered in finding of fact 15.

20. Covered in finding of fact 17.

21. Rejected as inconsistent with the Hearing Officer's evaluation of the evidence.

22. Rejected as unnecessary.

23. Covered in findings of fact 11, 16, and 17. 24-25.Covered in finding of fact 20.

Rulings on proposed findings of fact by Mr. Verdiner:

1. Rejected as unnecessary.

2. Rejected as unnecessary.

3a. Rejected because the Hearing Officer accepts the testimony of Catina Pierre-Louis.

3b. Rejected because the Hearing Officer accepts the testimony of Sonia Pattee.

3c. Rejected because the Hearing Officer accepts the testimony of Milagros Jimenez.

4. Rejected because contrary testimony made in findings of fact 11, 16, and 18 has been credited.

COPIES FURNISHED:

Frank Harder, Esquire

175 Fontainebleau Boulevard Suite 2A-3

Miami, Florida 33172

Craig Wilson, Esquire

215 5th Street Suite 302

West Palm Beach, Florida 33401

William DuFresne, Esquire 2929 S.W. 3rd Avenue Suite 100

Miami, Florida 33129

Dr. Joseph Fernandez Superintendent of Schools Dade County Public Schools 1450 Northeast Second Avenue Miami, Florida 33132

Madelyn P. Schere, Esquire Dade County Public Schools 1450 Northeast Second Avenue Miami, Florida 33132

The Honorable Betty Castor The Capitol

Tallahassee, Florida 32399

Karen Barr Wilde, Executive Director Education Practices Commission

Room 418, Knott Building Tallahassee, Florida 32399

Martin B. Schapp, Administrator Professional Practices Services

319 West Madison Street Room 3

Tallahassee, Florida 32399

Docket for Case No: 86-002277

Orders for Case No: 86-002277