STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DADE COUNTY SCHOOL BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 94-6619

)

CARLOS IZQUIERDO, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Claude B. Arrington, held a formal hearing in the above-styled case on May 9, 1995, in Miami, Florida.

APPEARANCES

For Petitioner: Gerald A. Williams, Esquire

Mack, Williams, Haygood & McLean, P.A. 1450 Northeast Second Avenue, Suite 562

Miami, Florida 33132

For Respondent: Carlos Izquierdo, pro se

560 West 79th Street Hialeah, Florida 33014

STATEMENT OF THE ISSUES

Whether Petitioner has cause to terminate Respondent's employment as a school monitor as alleged in the Notice of Specific Charges filed January 25, 1995.

PRELIMINARY STATEMENT

At the times pertinent to this proceeding, the Respondent was employed as a school monitor by Petitioner and assigned to Hialeah-Miami Lakes Senior High School. On September 21, 1994, the School Board suspended Respondent's employment without papy and began these termination proceedings. After Respondent requested a formal hearing to challenge Petitioner's actions, the matter was referred to the Division of Administrative Hearings, and this proceeding followed.

At the formal hearing, Petitioner presented the testimony of Gloria Carnicella, Hector Santana, Carroll E. Williams, Elaine Thomas, Betty Watson, Noel Miner, Elliott Berman, and David Steger. Ms. Carnicella and Mr. Santana are students at Hialeah-Miami Lakes Senior High School. Mr. Williams and Ms. Thomas are assistant principals at the school. Ms. Watson is a security monitor at the school. Mr. Miner is a graphics instructor at the school. Mr. Berman is the principal of the school. Mr. Steger is a police officer employed by the

Dade County School Board Police Department. Petitioner presented 4 exhibits, each of which was accepted into evidence. Respondent testified on hiw own behalf, but presented no other witness and no exhibit.

A transcript of the proceedings has been filed. The proposed findings of fact submitted by Petitioner are adopted in material part by the Recommended Order. Respondent did not file a post-hearing submittal.Order.

FINDINGS OF FACT

1. At the times pertinent to this proceeding, Respondent was employed by the Petitioner as a security monitor at Hialeah-Miami Lakes Senior High School, one of the public schools in Dade County, Florida. The job duties as a school security monitor require him to patrol the school propery to detect and prevent illegal activity on school premises, to prevent unauthorized persons from coming on campus, and to report to the school administrators any problem or potential problem observed on school grounds.

   
   

2. Prior to the incident that resulted in this termination prooceeding, Respondent had been reprimanded for sexually harrassing three female students. Respondent had attended conferences at which he was informed as to how he was expected to conduct himself on the job and how he was to interact with members of the public, students, teachers, and administrators. Following his reprimand, Respondent was individually counseled as to his expected behavior.

   
   

3. The incident that resulted in this termination proceeding occurred May 5, 1994, on the school campus while the Respondent was on duty. Also on duty was Jannine Garribian, a substitute teacher that Respondent had been dating.

   
   

4. Immediately before the incident described below, Respondent became involved in a loud argument with another male security monitor over whether this other man had had intimate relations with Ms. Garribian.

   
   

5. Following this argument with the other security monitor, Respondent went to the drama room where Ms. Garribian was carrying out her assigned duties. In the presence of students, Respondent physically grabbed Ms. Garribian, shook her, and made loud accusations about her and the other security monitor. He attempted to drag her from the room so he could talk to her. She struggled with him. He grabbed her neck and pushed her against the wall. They then left the room for a short period of time. When they returned, Respondent told a student that Ms. Garribian was a slut and a whore. He called her a devil and said that she was a cold, evil person. When Respondent left he took Ms. Garribian's car keys with him. Ms. Garribian and the students who witnessed this incident were very upset.

   
   

6. Carroll Williams, an assistant principal at the school, retrieved Ms. Garribian's car keys from Respondent.

   
   

7. Respondent was thereafter ressigned to the regional office pending an investigation. Thereafter, upon recommendation of the school principal, the School Board suspended Respondent's employment without pay and intiated these termination proceedings.

   
   

8. Respondent testified at the formal hearing that he did not want to be reinstated to his job with the Petitioner.

   CONCLUSIONS OF LAW

   
   

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

   
   

10. Pursuant to Section 230.23(5)(f), Florida Statutes, the Petitioner has the authority to suspend or terminate Respondent's employment as a school security monitor.

    
    

11. The School Board's Rule 6Gx13-4A-1.21 provides, in pertinent part, as follows:

    
    

    All persons employed by The School Board of Dade County, Florida are representatives of the Dade County Public Schools. As such they are expected to conduct themselves in a manner that will reflect credit upon themselves and the school system.

    
    

    Unseemly conduct or the use of abusive and/or profane language in the presence of students is expressly prohibited.

    
    

12. Petitioner established by a preponderance of the evidence that it has good cause to terminate Respondent's employment by his misconduct on May 5, 1994.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petitioner enter a final order that terminates

Respondent's employment as a school security monitor.

DONE AND ENTERED this 16th day of June, 1995, in Tallahassee, Leon County, Florida.

CLAUDE B. ARRINGTON

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 16th day of June, 1995.

COPIES FURNISHED:

Gerald A. Williams, Esquire

Mack, Williams, Haygood & McLean, P.A. 1450 Northeast Second Avenue

Suite 562

Miami, Florida 33132

Mr. Carlos Izquierdo

560 West 79th Street Hialeah, Florida 33014

Octavio J. Visiedo, Superintendent Dade County School Board

1450 Northeast Second Avenue Miami, Florida 33132

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: 94-006619

Orders for Case No: 94-006619