STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DADE COUNTY SCHOOL BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 94-6620

)

ANTHONY L. WHITE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Susan B. Kirkland, held a formal hearing in this case by video teleconference on March 22, 1995, in Miami, Florida.

APPEARANCES

For Petitioner: Craig M. Hoetger, Esquire

Mack, Williams, Haygood & McLean

1450 Northeast Second Avenue, Suite 562

Miami, Florida 33132 For Respondent: No appearance.

STATEMENT OF THE ISSUES

Whether Respondent should have been suspended and should he be dismissed from his employment with the Dade County Public Schools.

PRELIMINARY STATEMENT

By letter dated August 25, 1994, Respondent, Anthony White (White) was advised that Petitioner, the School Board of Dade County, Florida (School Board) had suspended him from his position with the Dade County Public Schools and that the School Board was initiating dismissal proceedings against him. White requested an administrative hearing. The case was forwarded to the Division of Administrative Hearings on November 21, 1994, for assignment to a hearing officer.

The final hearing was held by video teleconference. White failed to appear at the hearing.

At the final hearing Petitioner presented the following witnesses: David Steger, Frank Wargo, Nancy Revelo, and Delio Diaz. Petitioner's Exhibits 1-11 were admitted in evidence. Petitioner was given leave to take and file the depositions of Ureka Roberts and Sebrina Richards after the hearing. On March 27, 1995, Petitioner served White by U.S. mail a notice of taking the depositions of Ms. Roberts and Ms. Richards. The deposition of Ms. Richards was taken and Respondent did not attend. Petitioner filed the deposition of Ms.

Richards on April 14, 1995. Petitioner filed its proposed recommended order on April 17, 1995. Petitioner's proposed findings of fact are addressed in the Appendix to this Recommended Order.

FINDINGS OF FACT

1. Respondent, Anthony White (White) began his employment with Petitioner, the School Board of Dade County, Florida (School Board) in August 1988 as a security monitor. At all material times to this proceeding White was employed by the School Board in that position and was assigned to Hialeah Senior High School.

   
   

2. The responsibilities of a security monitor are to provide a safe environment for students and to assist in the orderly operation of the school by keeping trespassers from the school grounds and getting the students to class on time.

   
   

3. From February 14, 1994 to June 17, 1994, Sebrina Richards was employed by the School Board at Hialeah Senior High School as a security monitor.

   
   

4. During the course of her employment at Hialeah Senior High School, Ms. Richards worked with White and interacted with him during the course of the day.

   
   

5. On or about March 7, 1994, White made the following explicit sexual comments and advances toward Ms. Richards:

   
   

   1. he told her that "I have some condoms in my pocket, let's go find an empty room so I can get some ass."

   2. he told her that if she engaged in sexual intercourse with him that she would be giving him her paychecks.

   3. he accused her of having sexual relations with a male co-worker.

   4. he accused her and another female security monitor of engaging in sexual relations and asked if he could watch them and join in.

      
      

6. Ms. Richards reported White's conduct to the administration at Hialeah Senior High School shortly after the incidents occurred.

   
   

7. Between February and March, 1994, White, in the presence of Ms. Richards, on at least four occasions, verbally harassed female students enrolled at Hialeah Senior High School, while on School Board property, by using foul and inappropriate language and making explicit sexual comments and advances.

   
   

8. During the 1993-94 school year, in the presence of Ms. Richards, White offered to pay a female student $50 if she would engage in oral sex with him.

   
   

9. On or about March 16, 1994, White was socializing with a female student in his personal vehicle on School Board property during school hours.

   
   

10. On June 13, 1994, Mr. Frank Wargo, the principal at Hialeah Senior High School, made a recommendation that White be dismissed from his employment with the School Board based on White's use of foul and inappropriate language and the making of sexual comments and advances toward female students and a female Security Monitor.

11. On July 13, 1994, a Conference-for-the-Record was held to address White's conduct. At the conference, White told the school administrators that after this was over they would not like it. The school administrators took that statement as a threat.

    
    

12. White had been reprimanded in December, 1990 for the use of offensive and sexually-oriented language toward female students.

    
    

    CONCLUSIONS OF LAW

    
    

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

    
    

14. Section 230.23(5)(f), Florida Statutes, authorizes the School Board to suspend or dismiss its employees.

    
    

15. School Board Rule 6Gx13-4A-1.21(1) provides:

    
    

    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 them- selves and the school system.

    
    

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

    
    

16. White's conduct toward the female students and toward Ms. Richards violated School Board Rule 6Gx13-4A-1.21(1) in that such conduct does not reflect credit upon Mr. White or the school system. His unseemly conduct and abusive language in the presence of the students is expressly prohibited by the rule.

    
    

17. White's comments to the school administrators at the conference for the record do not constitute a violation of School Board Rule 6Gx13-4A-1.21(1).

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the suspension of Anthony White as a Security Monitor with

the Petitioner be upheld and that Anthony White be dismissed from his employment with the Petitioner.

DONE AND ENTERED this 5th day of May, 1995, in Tallahassee, Leon County, Florida.

SUSAN B. KIRKLAND

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 5th day of May, 1995.

APPENDIX TO RECOMMENDED ORDER, CASE NO. 94-6620

To comply with the requirements of Section 120.59(2), Florida Statutes (1993), the following rulings are made on the parties' proposed findings of fact:

Petitioner's Proposed Findings of Fact.

1. Paragraphs 1-4: Accepted in substance.

2. Paragraph 5: Accepted in substance except as to the date that she was hired. The evidence established that she was hired in February, 1994.

3. Paragraph 6: Accepted.

4. Paragraph 7: Accepted except as to the dates. The evidence established that the dates were February, 1994 and March, 1994.

5. Paragraphs 8-13: Accepted in substance.

6. Paragraph 14: Rejected that White verbally threatened the administrators.

7. Paragraph 15: Accepted.

COPIES FURNISHED:

Anthony L. White

725 Northwest 129th Street Miami, Florida 33168

Gerald A. Williams, Esquire Dade County School Board

1450 Northeast 2nd Avenue, Suite 562

Miami, Florida 33132

Frank T. Brogan Commissioner of Education The Capitol

Tallahassee, Florida 32399-0400

Octavio J. Visiedo, Superintendent Dade County School Board

1450 Northeast Second Avenue, #403

Mimai, Florida 33132-1308

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: 94-006620

Orders for Case No: 94-006620