STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PINELLAS COUNTY SCHOOL )

BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 94-1876

)

HOWARD JESSIE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William F. Quattlebaum, held a formal hearing in the above-styled case on October 27, 1994, in Tampa, Florida. The hearing was conducted by videoconference.

APPEARANCES

For Petitioner: Keith B. Martin, Esquire

Pinellas County School Board Post Office Box 2942

Largo, Florida 34649 For Respondent: No appearance

STATEMENT OF THE ISSUE

Whether cause exists for the Petitioner's proposed termination of the Respondent's employment as a bus driver for alleged inappropriate conduct with a student.

PRELIMINARY STATEMENT

Howard Jessie was employed as a bus driver by the School Board of Pinellas County. By the School Board's letter dated March 3, 1994, Mr. Jessie was notified that he had been suspended with pay pending final action by the School Board. The letter stated that the action "is based on the fact that you admitted having oral sex in January 1994, with a student enrolled at Pinellas Park High School. You also admitted that during the first semester of the 1993-

94 school year this same student hugged and kissed you while on the campus of Pinellas Park High School during school hours. Your actions constitute misconduct and are grounds for your dismissal pursuant to the district's Supporting Services Disciplinary Guidelines."

The letter notified Mr. Jessie of his right to a hearing. After he requested a formal hearing, the matter was referred to the Division of Administrative Hearings for further proceedings.

The hearing was originally scheduled to be heard in Largo, Florida. The location of the hearing was changed after the written Notice of Hearing was issued. Telephonic notice was provided to both parties of the location change. When the Respondent did not appear at the Tampa location, inquiry was made to the Largo location to ascertain whether the Respondent had appeared at that site. After being informed that the Respondent had not appeared at the Largo site, the hearing commenced.

At hearing, the School Board presented the testimony of five witnesses and had exhibits numbered 1-3 admitted into evidence. Mr. Jessie did not attend the hearing.

No transcript of the hearing was filed. The School Board filed a proposed recommended order. Proposed findings of fact are ruled upon either directly or indirectly as reflected in this Recommended Order, and in the Appendix which is attached and hereby made a part of this Recommended Order.

FINDINGS OF FACT

1. At all times material to this case, Respondent Howard Jessie (Respondent) was employed as a bus driver by the Pinellas County School Board.

   
   

2. On an unidentified day during the first semester of the 1993-1994 school year, the Respondent was observed fraternizing on campus with several Pinellas Park High School students. The Respondent was tossing a football with students in an area which was "off-limits" to students. A female student identified herein as T.C. was present.

   
   

3. A school resource officer approached the Respondent, and informed him that the area was off-limits to the students and that it was not appropriate for him to socialize with students at that time. The Respondent informed the officer that he was a bus driver and his association with students was not inappropriate.

   
   

4. On a later unidentified day during the first semester of the 1993-1994 school year, the school's assistant principal observed the Respondent walking with T.C. in the "mall" area of the high school campus. The assistant principal instructed the Respondent to cease fraternizing with students.

   
   

5. On a third day during the first semester of the 1993-1994 school year, the assistant principal observed the Respondent standing near the school bus area and speaking with several students including T.C. The assistant principal contacted a supervisor at the school board's transportation department and informed him of the Respondent's behavior.

   
   

6. Upon receiving the phone call from the assistant principal, the supervisor summoned the Respondent to his office and directed the Respondent to cease his association with the students. The Respondent agreed to refrain from having further contact with the students.

   
   

7. On or about January 10, 1994, the school resource officer observed the Respondent and T.C. standing on campus next to a parked school bus, and watched as the Respondent kissed T.C. on her cheek. The student did not appear to resist the kiss.

8. The officer reported his observations to the assistant principal who contacted another transportation supervisor and requested that the Respondent be removed from his employment as a bus driver at Pinellas Park High School.

   
   

9. The Respondent was called to a meeting with the administrator of the School Board's Office of Professional Standards. During the discussion of the matter, the Respondent admitted that he had hugged and kissed T.C. on campus. During the discussion, the Respondent also admitted that he and the student had engaged in oral sex in January, 1994.

   
   

10. By letter of March 3, 1994, the Respondent was notified that he was suspended with pay and that the superintendent would recommend dismissal to the school board at the meeting of March 23, 1994.

    
    

11. A number of stories related to this matter have appeared in the local press, including the March 18, 1994 issues of the St. Petersburg Times and the Tampa Tribune.

    
    

12. Engaging in sexual activity with a student is conduct serious enough to impair the Respondent's effectiveness in the school district and to bring the service of the School Board of Pinellas County into disrepute.

    
    

    CONCLUSIONS OF LAW

    
    

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

    
    

14. The employment of a non-instructional employee of the school board may be terminated for proper cause. Section 230.23(5)(f), Florida Statutes. In order to prevail, the Petitioner must establish by a preponderance of the evidence that the Respondent's actions constitute proper cause for termination. Allen v. Dade County School Board, 571 So.2d 568 (Fla. 3rd DCA 1990). In this case, the burden has been met.

    
    

15. The evidence establishes that during the 1993-1994 school year, the Respondent engaged in inappropriate contact with a student, including hugging and kissing on campus and an incident of oral sex off-campus.

    
    

16. Pinellas County School Board policy 6Gx52-7.12(2)(f) provides that misconduct, defined as conduct which is serious enough to impair the employee's effectiveness in the school district or which may bring the service of the School Board of Pinellas County into disrepute, warrants disciplinary action up to and including dismissal.

    
    

17. The Respondent's inappropriate behavior with T.C. is a violation of School Board policy 6Gx52-7.12. Based on the evidence presented by the Petitioner, the Respondent's behavior constitutes misconduct serious enough to bring the service of the School Board of Pinellas County into disrepute and to impair his effectiveness as a bus driver for school children being transported by bus to units of the Pinellas County School System.

    
    

18. The cited policy indicates that the Petitioner generally follows a system of progressive discipline. In this case, the Respondent received several verbal warnings and reprimands regarding his fraternization with students. Sexual activity with a student constitutes misconduct of such serious nature as to warrant his dismissal.

RECOMMENDATION

Based on the foregoing, it is hereby

RECOMMENDED that the Lee County School Board enter a Final Order terminating the employment of Howard Jessie.

DONE and RECOMMENDED this 21st day of November, 1994, in Tallahassee, Florida.

WILLIAM F. QUATTLEBAUM

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 21st day of November, 1994.

APPENDIX TO RECOMMENDED ORDER, CASE NO. 94-1876

The Respondent did not file a proposed recommended order. The following constitute rulings on proposed findings of facts submitted by the Petitioner.

The Petitioner's proposed findings of fact are accepted as modified and incorporated in the Recommended Order.

COPIES FURNISHED:

Dr. J. Howard Hinesley, Superintendent School Board of Pinellas County

P. O. Box 2942

Largo, Florida 34649

Keith B. Martin, Esquire Pinellas County School Board

P.O. Box 2942

Largo, Florida 34649

Mr. Howard Jessie

15695 Waverly Street, Apartment 2

Clearwater, Florida 34620

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions to this Recommended Order. All agencies allow each party at least ten days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the Final Order in this case concerning agency rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.

Docket for Case No: 94-001876

Orders for Case No: 94-001876