STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FRANK T. BROGAN, as )

Commissioner of Education, )

)

Petitioner, )

)

vs. ) CASE NO. 94-2294

)

VIRGIL WAYNE TULLOS )

)

Respondents. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal administrative hearing was held in this case before Patricia Hart Malono, Hearing Officer of the Division of Administrative Hearings, on November 17, 1995, in West Palm Beach, Florida.

APPEARANCES

The parties were represented at hearing as follows: For Petitioner: Craig R. Wilson, Esquire

1201 U.S. Highway 1

Crystal Tree, Suite Number 415 North Palm Beach, Florida 32408

For Respondent: Mark A. Cullen, Esquire

Syzmoniak and Ridge, P.A. 2101 Corporate Boulevard

Suite 415, Boca Corporate Center Boca Raton, Florida 33431

STATEMENT OF THE ISSUE

The issue presented is whether the respondent committed the violations alleged in the Administrative Complaint, and, if so, the penalty which should be imposed.

PRELIMINARY STATEMENT

In a six-count Administrative Complaint dated February 7, 1994, Doug Jamerson, as Commissioner of Education, 1/ charged Virgil Wayne Tullos with various acts of misconduct which seriously reduce his effectiveness as an employee of the Palm Beach County School Board, in violation of section 231.28(1)(f), Florida Statutes; which violate provisions of law or rules of the State Board of Education, in violation of section 231.38(1)(i); which demonstrate his failure to make a reasonable effort to protect students from conditions harmful to learning or to the students' mental and/or physical health and safety, in violation of rule 6B-1.006(3)(a), Florida Administrative Code; which intentionally expose students to unnecessary embarrassment or

disparagement, in violation of rule 6B-1.006(3)(e); which constitute harassment or discrimination on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social or family background, in violation of rule 6B- 1.006(3)(g); and which constitute exploitation of his relationship with students for personal gain or advantage, in violation of rule 6B-1.006(3)(h).

The charges in the Administrative Complaint are based on allegations that Mr. Tullos made improper remarks to female students and touched them in an inappropriate manner. Mr. Tullos denied the allegations and timely requested a formal hearing. The case was referred to the Division of Administrative Hearings for assignment of a hearing officer, and the final hearing was scheduled for November 3, 1994. After several continuances, the final hearing was ultimately conducted on November 17, 1995.

At hearing, the Commissioner of Education ("Commissioner") offered the testimony of ten witnesses: Calvin Taylor, formerly Assistant Superintendent of Personnel Relations with the Palm Beach County School Board; students S. S., Y. J., T. S., W. K., M. R., T. F., and N. B.; LaVoise Smith, Guidance Coordinator at Glades Central High School; and Walter H. Pierce, Assistant Superintendent for Personnel and Employee Relations with the Palm Beach County School Board.

The Commissioner also offered the testimony of student T. G. as a rebuttal witness. Petitioner's Exhibits 1 through 3 were offered and received into evidence. Mr. Tullos testified on his own behalf and did not offer the testimony of any other witnesses. Respondent's Exhibits 1 through 4 were offered and received into evidence.

The transcript of the hearing was filed with the Division, and the parties timely submitted proposed recommended orders. Specific rulings on the parties' proposed findings of fact can be found in the Appendix to this Recommended Order.

FINDINGS OF FACT

Based on the oral and documentary evidence presented at the final hearing and on the entire record of this proceeding, the following findings of fact are made:

1. At the time the Administrative Complaint was filed in this case, Mr. Tullos held Florida teaching certificate number 165642, covering the areas of administration and physical education, which was to expire in June 1995. 2/

   
   

2. At all times material to this proceeding, Mr. Tullos was employed as an assistant principal of student services at Glades Central High School ("Glades Central") in the Palm Beach County School District. He was employed pursuant to a three-year contract commencing in July 1990 and terminating in July 1993. 3/

   
   

3. Mr. Tullos has been employed since 1965 at what is now known as Glades Central, where he served as dean of boys until the title was changed to assistant principal some twelve years ago. He received appreciation awards for his work with students at Glades Central every year from 1987 through May 1991. Mr. Tullos has had regular contact with female students for many years in his positions as dean of boys and assistant principal of student services.

   
   

4. In September 1991, Calvin Taylor issued a "Warning Letter" to Mr. Tullos expressing concerns about his behavior with students. At the time, Mr. Taylor was assistant superintendent for personnel relations with the Palm Beach

   County School Board. The letter was issued following an informal hearing regarding complaints from several students. These complaints were basically the same as those which are the subject of the instant proceeding. Mr. Taylor's role was to hear the evidence and determine what type of discipline to recommend to the school superintendent. Upon consideration of the evidence presented by the school board investigator and by Mr. Tullos, Mr. Taylor recommended that the appropriate discipline was the issuance of the "Warning Letter." In the letter, Mr. Tullos was admonished to "[b]e very careful about the manner in which you touch and associate with students."

   
   

5. In May 1992, Mr. Tullos received an "At Expectation" performance evaluation from Dr. Effie C. Grear, principal of Glades Central.

   
   

6. During the 1992-1993 school year, Mr. Tullos was one of three assistant principals at Glades Central and was assigned to work with all ninth-grade students. Lois Lewis and Willie McDonald, the other two assistant principals, were assigned to work with all tenth-grade and one-half of the eleventh-grade students and with all twelfth-grade and one-half of the eleventh-grade students, respectively.

   
   

7. Mr. Tullos's duties included student discipline, monitoring the halls and cafeterias, loading and unloading students on the school buses, issuing passes, making arrangements for medical care for students injured on campus and contacting the parents, making arrangements to have unruly students removed from campus, and performing teacher evaluations.

   
   

8. Each school day, Mr. Tullos monitored the cafeteria during breakfast. When the bell rang for first period, he, Ms. Lewis, and another school administrator monitored the halls and wrote late passes for students who were tardy. Mr. Tullos wrote a pass for any student who approached him, regardless of grade level. Once the halls cleared, Mr. Tullos usually returned to his office, where he wrote passes for other late students who came to his office and worked on discipline referrals. Mr. Tullos and Ms. Lewis also monitored the cafeteria during the two lunch periods.

   
   

9. For most of his work day, Mr. Tullos worked in his office on student discipline referrals, averaging fifty to sixty per week. Discipline referrals are made by teachers, who complete a form giving an explanation of the disciplinary problem with a particular student; the form is normally given to the student who is the subject of the referral, who must take it to the assistant principal assigned to work with the students of his or her grade. Sometimes, teachers ask a student to take a discipline referral form to the office even though that student is not the subject of the referral. Mr. Tullos conducted a conference with the students and/or parents for all referrals within his jurisdiction.

   
   

   Student W. K. 4/

   
   

10. W. K. was a ninth-grade student at Glades Central during the 1992-1993 school year. She was often in trouble at school during that year and had many discipline referrals. Since she was in the ninth grade, she took the referrals to Mr. Tullos, so she came into frequent contact with him.

    
    

11. One day, after she had been repeatedly late to one particular class, she and another student, S. S., were sent to Mr. Tullos's office with discipline referrals. When W. K. was alone with Mr. Tullos in his office, he commented on her legs, saying something to the effect that she had "fine" legs or that her

    "fine" legs could carry her to class on time, and he told her that she shouldn't be late to class. She thought nothing of the remark about her legs because she had known Mr. Tullos in the community since she was a child and had known him as a nice man.

    
    

12. On two other occasions when she was in his office with discipline referrals, Mr. Tullos told her that he would "smooch" her if she got another referral. She understood this to mean that he would kiss her, but, again, she thought nothing of the remark because she did not take it in a negative way. She thought that being kissed by Mr. Tullos would be disgusting and that he was threatening to kiss her so she would not get into trouble again.

    
    

13. W. K. had heard other girls talk about Tullos but she never saw him do the things they described. She also heard around school that girls who took discipline referrals to Tullos wouldn't get in trouble.

    
    

14. W. K. did not take offense at Mr. Tullos's comment about her legs or his threats to smooch her, but she did think that this behavior was not appropriate for a school administrator. Although she talked about the incidents to all her friends at school, she did not go to anyone in authority to complain.

    
    

15. At some point during the 1992-1993 school year, Ms. Lewis, the assistant principal in charge of the tenth- and part of the eleventh-grade students, called her in and asked her about the incidents with Mr. Tullos and asked if she knew any other students who had similar experiences. Shortly after she spoke with Ms. Lewis, she was called into the office of LaVoise Smith, the guidance coordinator at Glades Central, where she told Ms. Smith about the incidents.

    
    

    Student S. S.

    
    

16. S. S. was a ninth-grade student at Glades Central during the 1992-1993 school year. She now attends the Choice school, which is in the Palm Beach County School District.

    
    

17. As noted in paragraph 11 above, S. S. was the student who was sent with W. K. to Mr. Tullos's office with discipline referrals for being repeatedly late to one class. According to S. S., when she and W. K. were both in Mr. Tullos's office, he told them that they had pretty legs and were pretty girls. She could not, however, remember his exact words. She felt uncomfortable when he commented on her legs because she had heard other girls talk about Mr. Tullos and the things he would say to them.

    
    

18. On another occasion, a teacher asked S. S. to take a discipline referral on another student to Mr. Tullos's office. When she entered his office, he glanced at the form in her hand and told her that, if the referral was for her, he would have to "smooch" her to make her do better.

    
    

19. As S. S. was leaving Mr. Tullos's office, Mr. Tullos was leaving as well. S. S. went out of the door first, and Mr. Tullos stopped her by touching the top of her shoulder. When she turned around, his hand dropped to brush the top of her breast. She is not certain that he deliberately dropped his hand from her shoulder.

    
    

20. Several times when Mr. Tullos saw S. S. with her boyfriend, he would tell the boyfriend to "leave that girl alone" or something to that effect. Even

    though he made these remarks in a joking manner, S. S. felt uncomfortable. In fact, she felt uncomfortable "every time he said something."

    
    

21. In yet another incident, S. S. and Mr. Tullos were standing in the hallway outside his office when Mr. Tullos told her that her boyfriend was no good for her and that she should give all her "good loving" to him.

    
    

22. After this last incident, S. S. and some of her friends discussed their experiences with Mr. Tullos. They decided that someone had to go to the office and report Mr. Tullos's behavior. Shortly after one of the girls reported Mr. Tullos to Ms. Smith, S. S. was called into Ms. Smith's office and interviewed.

    
    

    Student Y. J.

    
    

23. Y. J. was a ninth-grade student at Glades Central during the 1992-1993 school year.

    
    

24. Sometime around Christmas, Y. J. was in the cafeteria at lunchtime and asked Mr. Tullos for a quarter. He responded by asking what she would give him in return. She did not know what he meant by this remark, but it made her feel uncomfortable.

    
    

25. On another occasion, Mr. Tullos had scheduled a conference with Y. J.'s mother to discuss a discipline referral. Y. J. forgot to tell her mother about the conference, and she used the telephone in Mr. Tullos's office to call her. Y. J. was wearing a low-cut v-necked shirt and a necklace which hung in the cleavage of her breasts. While she was on the telephone, Mr. Tullos commented that the necklace was "a pretty charm," and he reached over and picked the necklace up. As he did so, his hand "slightly" brushed her breast. She was alone with Mr. Tullos in his office, and he was sitting behind the desk while she was standing on the side of the desk. Y. J. does not know if he touched her breast intentionally, and she did not report the incident to school authorities.

    
    

26. Sometime around Easter, Y. J. took a discipline referral to Mr. Tullos. They were alone in his office. He asked her when she was going stop giving her "loving to the guys and give him some." This made Y. J. so uncomfortable that she reported the incident to Ms. Lewis either the same day or the next day.

    
    

27. After this last incident, but before she went to Ms. Lewis, she talked with a group of her friends about Mr. Tullos's behavior. Several of the girls claimed to have had similar experiences with Mr. Tullos, and some of them said that they blackmailed Mr. Tullos into giving them what they wanted by threatening to tell the administration about his behavior. Up until this time, however, none of the girls had reported Mr. Tullos.

    
    

28. When Y. J. said she was going to go to Ms. Lewis to complain, several of the other girls said they would complain also. Y. J. spoke with Ms. Lewis, who sent her to Ms. Smith, the school's guidance coordinator. Y. J. gave Ms. Smith the names of the other girls she knew who had encounters with Mr. Tullos, and they were called in to talk with Ms. Smith.

    
    

    Student T. S.

    
    

29. T. S. was a ninth-grade student at Glades Central during the 1992-1993 school year. She knew Mr. Tullos because teachers would ask her to take

    discipline referrals regarding other students to him and because she would ask him for a late pass if he was the first dean she saw in the hall.

    
    

30. On several occasions during the 1992-1993 school year, when T. S. approached Mr. Tullos in the hall to obtain a late pass, Mr. Tullos made her wait until last, when there were not many people in the hallways. He then made remarks to her which made her feel uncomfortable, such as telling her after spring break that he missed her, telling her that he was jealous because he saw her hugging a boy (her cousin) in the hall, and telling her that she had to give him a kiss in order to get a late pass. She did not think he was joking about giving him a kiss because he said it on several different occasions. These remarks made her feel very uncomfortable.

    
    

31. On "about" four occasions, when she approached him in the hall to obtain a late pass and he made her wait until last, Mr. Tullos hugged her. She felt very uncomfortable because these were not "ordinary" hugs like other teachers gave; rather, "[w]hen he grabbed me he just rubbed."

    
    

32. On yet another occasion, a teacher asked T. S. to take a discipline referral regarding another student to Mr. Tullos. She took the referral to his office, and he told her to close the door. She felt that this was not necessary, and she gave him the referral and left his office.

    
    

33. T. S. did not discuss her experiences with Mr. Tullos with her girl friends at school, nor did she personally report him. She eventually told her mother, who called the school to report Mr. Tullos's behavior.

    
    

    Student N. B.

    
    

34. N. B. was a ninth-grade student at Glades Central during the 1992-1993 school year.

    
    

35. Sometime during that year, N. B. went to Mr. Tullos's office with a discipline referral. She has a lot of jewelry and was wearing several necklaces on that day. He was sitting behind his desk, and she was standing across from him, in front of the desk. Mr. Tullos asked N. B. to give him one of her necklaces, and she told him no. He then asked if she would give him "something else," and reached over the desk as if to grab one of the necklaces. N. B. had heard that Mr. Tullos got "fresh" with girls, and she stepped back and left his office.

    
    

36. N. B. went directly to Ms. Lewis's office and told her about this last incident. Afterwards, she talked with Ms. Smith. N. B. did not discuss the incident with her girl friends until after she had spoken with Ms. Lewis.

    
    

    Student T. F.

    
    

37. T. F. was a ninth-grade student at Glades Central during the 1992-1993 school year.

    
    

38. Sometime during that school year, T. F. had a "stop order" issued against her because she had missed detention. In order to go back to class, she had to obtain a pass from Mr. Tullos, which she would take to each of her teachers. She went to Mr. Tullos's office, and, when she asked for the pass, he asked her what she would give him. T. F. took this as a "sexual gesture" because of the way he said it and the way he looked at her; she did not respond.

    Mr. Tullos then called her aunt for an explanation of why she missed detention and gave her the pass. During the incident, she and Mr. Tullos were alone in his office.

    
    

39. On another occasion, Mr. Tullos caught N. B. cutting into the lunch line. He pulled her out of the line and took her ten to twenty feet away from the line. He remarked that her boyfriend must be teaching her to do "stuff like that" and told her that she wasn't supposed to have any boyfriend but him. He also asked if she would go out to dinner with him and if she was ashamed to ride in his truck. He did not specify a date or time for dinner but asked if she liked Red Lobster. She turned down the invitation and walked away. During this exchange, T. F. and Mr. Tullos were standing in the cafeteria, which was packed at the time with students eating lunch. Although Mr. Tullos was not whispering to her, he was not talking loudly, either.

    
    

40. On another occasion, she and a girl friend were in the hall, and they asked Mr. Tullos for a quarter so they could use the telephone. He responded by asking what they were going to give him in return. They told him to keep his quarter and borrowed a quarter from a friend.

    
    

41. T. F. had heard from other students about Mr. Tullos's behavior, but she decided to give him the benefit of the doubt. A few weeks after the incident involving T. F. related in paragraph 39 above, the incident described in paragraph 26 above occurred between her friend, Y. J., and Mr. Tullos. After she heard about this, T. F. told her aunt and Y. J. about her encounters with Mr. Tullos. She and Y. J. talked it over and decided to talk with Ms. Lewis.

    
    

    Student M. R.

    
    

42. M. R. was a ninth-grade student at Glades Central during the 1992-1993 school year.

    
    

43. M. R. was late for class many times. On one occasion during the second half of the school year, she approached Mr. Tullos for a late pass. He told her that he would give her an "unexcused" pass but that, if she gave him a hug, he would give her an "excused" pass. She refused to give him a hug, and he gave her an "unexcused" pass. She did not think anything of this incident; she just took her pass and went to class. 5/

    
    

44. M. R. did not report the incident, but, at some point, she spoke to Ms. Smith about it.

    
    

45. Ms. Smith has been employed as guidance coordinator at Glades Central for the past nine years. One of her duties is to work with female students who have problems.

    
    

46. On May 3, 1993, Y. J., S. S., and T. F. came to Ms. Smith complaining that Mr. Tullos had made improper comments to them and/or had touched them in a way that they thought was inappropriate and that made them uncomfortable. When she asked if there were any other students who had similar experiences with Mr. Tullos, she was given several names. She called these students to her office and, from them, got the names of still other students. She spent the day interviewing all of the students whose names she had been given, and she took statements from ten students who she thought had complaints which should be further investigated. At the end of the day, she telephoned the Department of Health and Rehabilitative Services and the school board's security office to

    report the complaints. She also talked with Dr. Grear, the principal of Glades Central, and gave her the statements she had obtained. Dr. Grear handled the investigation from this point forward.

    
    

47. In a performance evaluation dated May 28, 1993, Dr. Grear rated Mr. Tullos "At Expectation," commenting that he "works well with other members of the administrative staff and faculty."

    
    

48. Mr. Tullos's behavior toward the seven students who testified at the hearing was unprofessional and inappropriate. The evidence is clear and convincing that his conduct seriously reduced his effectiveness as an employee of the school board. He repeatedly committed serious offenses against students who had been given into his care, and he exposed himself to the derision of the students who had been the objects of his indecent remarks and touches. His behavior was the subject of discussion among students, and some students even claimed to have gotten special treatment because they threatened to report him. The evidence is also clear and convincing that he harassed the seven students who testified at the hearing on the basis of their sex. He made remarks to them which were explicitly or implicitly sexual in nature, and he touched several of them in ways which were improper and offensive. 6/

    
    

49. Mr. Tullos's conduct made several of the seven students who testified at the hearing uncomfortable and/or angry, but others either did not take him seriously or were not bothered by his behavior. There is no clear and convincing evidence that the students' scholastic endeavors were affected or that they suffered any mental or physical harm as a result of his actions. The lack of mental harm was also apparent from the demeanor of the students as they testified at the hearing. Likewise, there is no clear and convincing evidence that any of the students were exposed to embarrassment or disparagement as a result of Mr. Tullos's actions; in fact, most of the students testifying at the hearing willingly and openly discussed their experiences with their friends at school. And, while he may have tried to exploit his relationship with the seven students as the assistant principal in charge of their grade, there is no clear and convincing evidence that Mr. Tullos obtained any personal gain or advantage.

    
    

    CONCLUSIONS OF LAW

    
    

50. The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of these proceedings. 120.57(1), Fla. Stat.

    
    

51. When the Commissioner of Education seeks to revoke or suspend a teaching certificate, the Commissioner has the burden of proving the allegations of the administrative complaint by clear and convincing evidence. Ferris v. Turlington, 510 So. 2d 292 (Fla. 1987). Clear and convincing evidence, as defined by the court in Slomowitz v. Walker, 429 So. 2d 797, 800 (Fla. 4th DCA 1983), requires that the evidence must be found to be credible; the facts to which the witnesses testify must be distinctly remembered; the testimony must be precise and explicit and the witnesses must be lacking in confusion as to the facts in issue. The evidence must be of such weight that it produces in the mind of the trier of fact a firm belief or conviction, without hesitancy, as to the truth of the allegations sought to be established.

    
    

52. The Commissioner's charges of misconduct against Mr. Tullos are predicated on violations of section 231.28(1)(f) and (i), Florida Statutes (1993), and of rule 6B-1.006(3)(a), (e), and (g), Florida Administrative Code.

53. Section 231.28(1) sets forth the grounds upon which the Education Practices Commission may impose administrative sanctions against persons holding teaching certificates in the State of Florida. The Commissioner has alleged that Mr. Tullos has violated two subsections of the 1993 version of section 231.28(1) 7/ which authorize the imposition of administrative sanctions if a person

    
    

    (f) Upon investigation, has been found guilty of personal conduct which seriously reduces his

    effectiveness as an employee of the school board;

    * * *

    (i) 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.

    
    

54. Pursuant to section 231.28(1)(i), the Commissioner has charged Mr. Tullos with violations of several provisions of rule 6B-1.006, the Principles of Professional Conduct for the Education Profession in Florida, specifically:

    
    

    1. Obligation to the student requires that the individual:

       1. Shall make reasonable effort to protect the student from conditions harmful to learning and/or to the student's mental and/or physical health and/or safety.

          * * *

          (e) Shall not intentionally expose a student to unnecessary embarrassment or disparagement.

          * * *

          1. Shall not harass or discriminate against any student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition,

             sexual orientation, or social and family background or fail to make a reasonable effort to assure that each student is protected from harassment and discrimination.

             * * *

          2. Shall not exploit a relationship with a student for personal gain or advantage.

          
          

          The range of penalties for these violations includes revocation of an individual's teaching certificate.

          
          

55. Based on the facts as found herein, there is clear and convincing evidence that Mr. Tullos's personal conduct during the 1992-1993 school year seriously reduces his effectiveness as an employee of the school board in violation of section 231.28(1)(f) and that, during the 1992-1993 school year, Mr. Tullos harassed students based on their sex in violation of rule 6B- 1.006(3)(g).

    
    

56. The evidence is, however, not clear and convincing that Mr. Tullos's conduct created conditions harmful to learning or to the students' mental or physical health or safety, exposed the students to embarrassment or disparagement, or resulted in personal gain or advantage as proscribed by rule 6B-1.006((3)(a), (e), and (h).

57. In determining the administrative sanctions which should be imposed against Mr. Tullos, the permissible penalties set out in sections 231.262(6) and 231.28(1) were considered, as well as the range of penalties identified for the violations in rule 6B-11.007(2), Florida Administrative Code. In addition, the relevant aggravating and mitigating factors set out in rule 6B-11.007(3), were considered.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission enter a final order finding Virgil Wayne Tullos guilty of personal conduct which seriously reduces his effectiveness as an employee of the School Board of Palm Beach County, in violation of section 231.28(1)(f), and of harassing students W. K, S. S., Y. J.,

1. S., N. B., T. F., and M. R. on the basis of sex, in violation of rule 6B- 1.006(3)(g) and, therefore, of section 231.28(1)(i). It is further RECOMMENDED that the following administrative sanctions be imposed:

   
   

   1. Suspension of Mr. Tullos's teaching certificate for a period of one (1) year; and,

      
      

   2. Upon reinstatement of his teaching certificate, placement of Mr. Tullos on probation for a period of three (3) years, with Mr. Tullos being required, as a condition of probation, to submit to psychological examination and to any recommended treatment through the recovery network program established in section 231.263, Florida Statutes.

DONE AND ENTERED this 3rd day of July, 1996, in Tallahassee, Leon County, Florida.

PATRICIA HART MALONO

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 3rd day of July, 1996.

ENDNOTES

1/ Mr. Jamerson has been succeeded in the interim by The Honorable Frank T. Brogan.

2/ Mr. Tullos's teaching certificate was apparently renewed in July 1995 although this fact was not presented as evidence.

3/ Since the beginning of the 1993-1994 school year, Mr. Tullos has been employed under a year-to-year contract and assigned to work at school board offices, where he has no contact with students.

4/ The students who testified at hearing are referred to in this Recommended Order by their initials only.

5/ During the 1992-1993 school year, Mr. Tullos worked at night school at Glades Central administering aptitude and other tests. M. R. testified that Mr. Tullos stopped her in the hall outside his office one day as she was on her way to the bathroom and told her to meet him at 9:00 p.m., after night school let out. M. R.'s testimony regarding this alleged incident was very vague and lacks credibility, especially since Mr. Tullos did not finish his work at night school until 10:00 p.m.

6/ In his defense, Mr. Tullos categorically and specifically denied, or could not recall, doing or saying any of the things that the seven students testified to during the hearing in the instant proceeding. He also denied having done or said the same or similar things at any time during his career as an educator.

Mr. Tullos claimed, for example, that the events testified to by the students never occurred or that he could not recall these events but could not have done or said the things attributed to him because they were against his upbringing or because they were not the sort of thing he would do or because they were not appropriate for an administrator or educator. In light of all of the evidence of record, Mr. Tullos's blanket denial is rejected as not credible.

Mr. Tullos also believes that the accusations against him are part of a conspiracy instigated by Lois Lewis. According to Mr. Tullos, there were rumors that one of the three assistant principals at Glades Central was to be let go because of budget cuts. In Mr. Tullos's view, the object of Ms. Lewis's conspiracy was to discredit him so that he would be removed as an assistant principal. According to Mr. Tullos's theory, Ms. Lewis would then be assured that she would keep her job as assistant principal. No other evidence was offered to support Mr. Tullos's testimony, and it is rejected as not credible.

7/ The 1991 version of section 231.28 is applicable in this proceeding, since the events giving rise to it occurred between September 1992 and May 1993. The only difference between the 1991 and the 1993 versions is that the quoted provision appears as subsection (h) in the 1991 version.

APPENDIX

To comply with the requirements of section 120.59(2), Florida Statutes, the following rulings are made on the proposed findings of fact submitted by the parties:

Petitioner's proposed findings of fact.

Paragraphs 1 through 17 and 19 through 22: Adopted in substance but not verbatim in the Recommended Order.

Paragraph 18: Adopted in substance in paragraph 43 of the Recommended Order, except that the proposed finding of in the last sentence is rejected as not supported by the weight of the evidence.

Respondent's proposed findings of fact.

Paragraphs 1 through 4, 10, and 21: Adopted in substance but not verbatim

in paragraphs 1, 2, 4, 6, 46, and 47 of the Recommended Order.

Paragraphs 5 through 9, 11 through 19, and 22: Rejected because the proposed findings of fact constitute either mere summaries of the testimony or legal argument.

Paragraph 20: Rejected because not supported by evidence of record.

Paragraph 23: Rejected as contrary to the facts as found in paragraph 48 of the Recommended Order.

COPIES FURNISHED:

Craig R. Wilson, Esquire 1201 U.S. Highway 1

Crystal Tree, Suite Number 415 North Palm Beach, Florida 32408

J. David Holder, Esquire 1408 North Piedmont Way Tallahassee, Florida 32312

Mark A. Cullen, Esquire Syzmoniak and Ridge, P.A. 2101 Corporate Boulevard

Suite 415, Boca Corporate Center Boca Raton, Florida 33431

Karen Barr Wilde, Executive Director Education Practices Commission

224-B Florida Education Center

325 West Gaines Street Tallahassee, Florida 32399-0400

Kathleen M. Richards, Administrator Professional Practices Services

352 Florida Education Center

325 West Gaines Street Tallahassee, Florida 32399-0400

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 10 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: 94-002294

Orders for Case No: 94-002294