HEARINGS

STATE OF FLORIDA DIVISION OF ADMINISTRATIVE

SCHOOL BOARD OF COLLIER ) COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 89-3548

)

LAURIE J. OLDOCK, )

)

Respondent. )

)

RECOMMENDED ORDER

The parties, by and through their attorneys, stipulated to the issuance of a Recommended Order by Veronica E. Donnelly, a duly designated Hearing Officer within the Division of Administrative Hearings. The stipulated facts and disposition were filed on June 11, 1990.

APPEARANCES

For Petitioner: James H. Siesky, Esquire

Siesky and Lehman, P.A. 700 Eleventh Street South Suite 203

Naples, Florida 33940

For Respondent: Jerry Berry, Esquire

2500 Airport Road

Suite 309

Naples, Florida 33962 STATEMENT OF THE ISSUES

Whether the Respondent is guilty of misconduct in office, immorality, or willful neglect of duty as charged in the Notice of Intent to Take Action dated May 31, 1989.

PRELIMINARY STATEMENT

Thomas L. Richey, Superintendent, Collier County Public Schools, recommended to the School Board of Collier County that Respondent Laurie J. Oldock, a continuing contract teacher, be dismissed from employment. The Notice of Intent to Take Action filed on May 31, 1989, asserted that Laurie J. Oldock had engaged in the following misconduct:

1. The attempted purchase of a controlled substance within one thousand feet of a school.

   
   

2. The attempted use of a person under the age of eighteen to deliver a controlled substance to Laurie J. Oldock.

   
   

3. Contributing to the delinquency of a minor.

   
   

4. Attempts to, and the actual aiding and abetting of students in their violations of the Collier County Code of Student Conduct.

By petition dated June 14, 1989, Laurie J. Oldock disputed the allegations of fact set forth in the Notice of Intent to Take Action and requested a formal administrative hearing.

In lieu of the formal presentation of evidence, the parties entered into a stipulated statement of facts and disposition of this case. The parties agreed to the issuance of a Recommended Order by the Hearing Officer consistent with the stipulation filed with the Division of Administrative Hearings on June 11, 1990. The stipulation was accepted by the Hearing Officer, and is incorporated into this Recommended Order.

STATEMENT OF THE FACTS

The following facts were stipulated to by the parties and are accepted by the Hearing Officer:

1. On or about May 31, 1981, the Superintendent of Schools for Collier County issued a Notice of Intent to Take Action and Right to Hearing notifying the Respondent of his intention to recommend the termination of her employment with the district based upon allegations stated therein.

   
   

2. The charges included the crimes of attempting to purchase a controlled substance and use of a person under eighteen (18) for delivery of a controlled substance.

   
   

3. Laurie J. Oldock entered a plea of nolo contendere to the crimes of attempting to purchase a controlled substance and use of a person under eighteen (18) for delivery of a controlled substance and was sentenced for those crimes on

   April 16, 1990. Laurie J. Oldock has been sentenced to a term of five and one-half (5 years) and committed to the custody of the Department of Corrections.

   
   

4. Subsequent to the termination of her prison term, Laurie J. Oldock has been sentenced to probation for a period of five (5) years with conditions of probation to include "no teaching."

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

6. Section 231.36(4)(c), Florida Statutes, provides in pertinent part:

   
   

   Any member . . . who is under continuing contract may be suspended or dismissed

   at any

   the

   
   

   willful

   
   

   time during the school year, however,

   
   

   charges against him must be based on immorality, misconduct in office, incompetency, gross insubordination or

   
   

   neglect of duty, drunkenness, or

   conviction of

   a crime involving moral turpitude.

   
   

7. Laurie J. Oldock, the Respondent in these proceedings, was charged with misconduct in office, immorality, or willful neglect of duty. These charges are defined in Rule 6B-4.009, Florida Administrative Code, as follows:

   
   

   
   

   that is public conduct individual into

   the

   
   

   a Education F.A.C.,

   1. Immorality is defined as conduct inconsistent with the standards of conscience and good morals. It is sufficiently notorious to bring the concerned or the education profession public disgrace or disrespect and impair individual's service in the community.

   2. Misconduct in office is defined as violation of the Code of Ethics of the Profession as adopted in Rule 6B-1.001,

      and the Principles of Professional

      Conduct for the

      Education Profession in Florida as adopted in Rule

      6B-1.006, F.A.C., which is so serious as

      to impair

      the individual's effectiveness in the

      school system.

      
      

      
      

      neglect

      
      

      given

   3. Gross insubordination or willful

   
   

   of duties is defined as a constant or continuing intentional refusal to obey a direct order, reasonable in nature, and

   
   

   by and with proper authority.

   
   

8. Rule 6B-1.001, Florida Administrative Code, which is referred to in the aforementioned definition of misconduct in office, sets forth general ethical standards to which a teacher should aspire. These include consideration of such matters as the worth and dignity of a person, pursuit of truth, the development of the student's potential, to strive for professional growth, and maintain respect of students, parents, and colleagues.

   
   

9. Rule 6B-1.006, Florida Administrative Code, establishes rules, the violation of which shall subject the individual to revocation or suspension of a teacher's certificate. Under "obligation to the student" the individual is required, inter alia, to protect the student from conditions harmful to health, learning, or safety; and shall not exploit a professional relationship with a student for personal gain or advantage. Under "obligations to the public" are included the requirement that an individual shall not use institutional privileges for personal gain or advantage, or accept a gratuity or gift that might influence personal judgment. Under "obligations to the profession of education" are included the requirements to maintain honesty in all professional dealings, and to report to appropriate authorities any known violation of Florida School Code or State Board of Education rules.

   
   

10. Under the facts presented, Laurie J. Oldock was adjudicated and sentenced for the crime of having used a person under eighteen for delivery of a controlled substance. Clearly, this activity constitutes misconduct in office as it

    violates both the Code of Ethics and the Code of Professional Conduct for the Education Profession in Florida. The violation of Rule 6B-4.009(3), Florida Administrative Code is so serious as to impair the individual's effectiveness in the school system. Accordingly, Laurie J. Oldock should be dismissed as an employee of the School Board of Collier County based upon misconduct in office due to her use of a minor to deliver a controlled substance.

    
    

11. As the charge that the Respondent attempted to purchase a controlled substance within one thousand feet of a school was not proved in the administrative forum, this charge should be dismissed. The charge that Respondent attempted to, and did aid and abet students in violating the Collier County Code of Student Conduct, was also not demonstrated in the Stipulated Facts. Therefore, this charge should be dismissed as well. The charge of contributing to the delinquency of a minor was duplicitous as it was founded on the charge that Laurie J. Oldock attempted to use a person under the age of eighteen to deliver a controlled substance.

RECOMMENDATION

Based upon the foregoing, it is recommended:

1. That Laurie J. Oldock be found guilty only of attempting to use a person under eighteen to deliver a controlled substance, and that the other charges set forth in the Notice of Intent to Take Action be dismissed.

2. That Laurie J. Oldock be dismissed as an employee of the School Board of Collier County, as set forth in the Stipulated Disposition.

RECOMMENDED this 10th day of July, 1990, in Tallahassee, Florida.

Administrative Hearings Parkway

32399-1550

of the

Administrative Hearings July, 1990.

VERONICA E. DONNELLY

Hearing Officer Division of

The DeSoto Building 1230 Apalachee

Tallahassee, FL (904) 488-9675

Filed with the Clerk Division of

this 10th day of

COPIES FURNISHED:

James H. Siesky, Esquire Siesky and Lehman, P.A. 700 Eleventh Street South Suite 203

Naples, Florida 33940

Jerry Berry, Esquire 2500 Airport Road South Suite 309

Naples, Florida 33962

Dr. Thomas L. Richey, Superintendent Collier County School Board

3710 Estey Avenue

Naples, Florida 33942

Sydney H. McKenzie, Esquire General Counsel

Department of Education The Capitol, PL-08

Tallahassee, Florida 32399-0400

The Honorable Betty Castor Commissioner of Education The Capitol

Tallahassee, Florida 32399-0400

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AGENCY FINAL ORDER

==================================================

===============

STATE OF FLORIDA

SCHOOL BOARD OF COLLIER COUNTY

IN RE:

LAURIE J. OLDOCK, CASE NO.: 88-116 DOAH CASE NO.:

89-3548

Employee.

/

FINAL ORDER

The Collier County School Board hereby adopts the recommended order issued in this action by Veronica E. Donnelly, a duly designated hearing officer within the Division of Administrative Hearings, dated July 10, 1990. The adoption of the recommended order is subject to the following corrections and modifications:

1. On page 3, paragraph 1 of the statement of facts the year is corrected to read "1989" instead of "1981."

   
   

2. On page 7 of the recommended order, paragraph 1, the word "only" is stricken.

3. On page 7 of the recommended order, paragraph 2, the word "shall" is inserted between "Oldock" and "be".

In all other respects, the recommended order is accepted and Laurie J. Oldock is terminated as an employee of the Collier County School District as of the date of entry of this order.

ATTEST: SCHOOL BOARD OF

COLLIER

COUNTY, FLORIDA

THOMAS L. RICHEY FRANKLYN G.

McCLINTOCK, Chairman Superintendent

This order was entered in the files of the Superintendent of Schools for the Public Schools of Collier County, Florida, this 2nd day of August, 1990.

Superintendent

THOMAS L. RICHEY,

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished to JERRY BERRY, ESQUIRE, 2500 Airport Road South, Suite 309, Naples, Florida 33962, and to the DIVISION OF ADMINISTRATIVE HEARINGS, The DeSoto

Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-1550, by regular U.S. Mail this 29th day of August, 1990.

Superintendent

THOMAS L. RICHEY,

Docket for Case No: 89-003548

Orders for Case No: 89-003548