STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
PINELLAS COUNTY SCHOOL BOARD, )
)
Petitioner, )
)
vs. ) CASE NO. 95-2994
)
VINCENT P. DURSO, )
)
Respondent. )
) FRANK T. BROGAN, COMMISSIONER, )
)
Petitioner, )
)
vs. ) CASE NO. 96-0861
)
VINCENT P. DURSO, )
)
Respondent. )
)
RECOMMENDED ORDERE
Pursuant to notice, the Division of Administrative Hearings, by its designated Hearing Officer, William F. Quattlebaum, held a formal hearing in the above-styled case on May 14-16, 1996, in Largo, Florida.
APPEARANCES
For Pinellas County Keith B. Martin, Esquire School Board: Pinellas County School Board
Post Office Box 2942 Largo, Florida 34649
For Commissioner J. David Holder, Esquire Brogan: 1408 North Piedmont Way
Tallahassee, Florida 32312
For Respondent: B. Edwin Johnson, Esquire
1433 South Fort Harrison Avenue Suite C
Clearwater, Florida 34616 STATEMENT OF THE ISSUE
The issue in these cases is whether the evidence supports termination of the Respondent's employment by the Pinellas County School Board and revocation of his teaching certification by the Florida Commissioner of Education.
PRELIMINARY STATEMENT
Beginning in 1989, Vincent P. Durso was employed as a teacher by the School Board of Pinellas County. By letter dated May 22, 1995, Mr. Durso was notified that the Superintendent would recommend to the School Board that he be dismissed from employment pursuant to Section 231.36(6)(a), Florida Statutes.
By an Administrative Complaint filed December 18, 1995, Mr. Durso was notified that the Commissioner of Education intended to seek disciplinary action against his teaching certification.
In both cases, Mr. Durso requested a formal hearing. The cases were forwarded to the Division of Administrative Hearings which consolidated, scheduled and noticed the proceeding.
At the hearing, the Petitioners jointly presented the testimony of 16 witnesses and had exhibits numbered 1-22 admitted into evidence. The Respondent presented the testimony of 12 witnesses, testified on his own behalf, and had exhibits numbered 1-8 and 10-11 admitted into evidence.
At the conclusion of the hearing, the parties stipulated to the filing of proposed recommended orders within ten days after the transcript was filed. The transcript of the hearing was filed on June 21, 1996.
By Petitioners' unopposed motion filed June 27, 1996, the deadline for filing proposed orders was enlarged to thirty days from the June 21 filing of the transcript. Proposed orders were filed on July 19, 1996 by the Petitioners. The Respondent's proposed order was not filed by the deadline.
On August 12, 1996 counsel for the Respondent filed a second Motion for Extension of Time, seeking a deadline of August 23, 1996. As grounds for the motion, Respondent's counsel stated that his consent to the Petitioners' previous motion for extension of time was based on the agreement of counsel for Petitioner Brogan to provide a copy of the transcript and that said copy was not received until July 11, 1996.
Allowing for thirty days from the Respondent's receipt of the transcript would have made the Respondent's proposed order due by no later than August 12, 1996. In any event, the Respondent's proposed August 23 deadline has passed without the filing of the proposed order. There has been no further request for extension of time.
The Petitioners' 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
Vincent P. Durso (Respondent) holds Florida teaching certificate number 380932 valid through 1997. He is certified in the areas of Biology, Social Sciences and Middle Grades.
From March 1984 to June 1984, the Respondent was employed as a teacher at Leto High School by the Hillsborough County School Board.
From July 1984 to August 1985, the Respondent worked as a job training specialist by the Marion County School Board.
From August 1985 to October 1987, the Respondent was employed as a teacher at Chamberlain High School by the Hillsborough County School Board.
From February 1988 to August 1988, the Respondent was employed as a teacher at Carver Junior High School by the Los Angeles, California Unified School District.
Since 1989, the Respondent has been employed by the School Board of Pinellas County under a professional services contract issued pursuant to Section 231.36(1)(a), Florida Statutes.
While at Chamberlain High School, the Respondent taught a peer counseling class during the 1986-87 school year. The class was intended to address the needs of students at risk of dropping out of school.
Roxanna Fitzgerald (Fitzgerald) and Jeaneen Boyas (Boyas) were students in the Respondent's peer counseling class during the 1986-87 school year.
Ms. Fitzgerald is now known as Roxanna Fitzgerald Violette. Ms. Boyas is now known as Jeaneen Boyas Riches. For the purposes of this Recommended Order, they are identified by the names they were known by during their enrollment at Chamberlain High School.
While at Chamberlain High, Ms. Fitzgerald and Ms. Boyas frequently skipped classes and often received passes from the Respondent which excused them from the missed classes.
On June 19, 1987, Ms. Fitzgerald and Ms. Boyas were driven to the Respondent's house by a friend, Michael Ramsey. The alleged purpose of the visit was to permit the women to take a photograph of the Respondent.
Upon arriving at the house, the two women went around to the rear of the house and attempted to look through the windows. Because the blinds were closed, they could not see inside the house.
The two women then walked back to the front of the house and knocked on the door. The Respondent opened the door and invited them in. A few minutes later, Mr. Ramsey went to the front door and was also invited inside by the Respondent.
After the three students were inside, the Respondent provided them with soft drinks and excused himself to shower.
While in his bedroom, with the door closed, the Respondent telephoned a coworker with whom he had spoken earlier that day. During the earlier conversation, the Respondent had made arrangements to drive to the coworker's house and get a book. In the second call, the Respondent told the coworker about the students coming to his house and said that he still planned to go to the coworker's house and get the book.
Ms. Boyas had to comply with a curfew, so while the Respondent showered, Mr. Ramsey and Ms. Boyas left his house and returned to Ms. Boyas home. Ms. Fitzgerald refused to leave with them, and chose to remain in the Respondent's house.
When the Respondent returned to his living room, he saw that only Ms. Fitzgerald remained. She told him that her two friends had left.
The Respondent told Ms. Fitzgerald he had an errand to run and invited her to go with him. She agreed to accompany him.
The two drove in the Respondent's car to the coworker's house. The Respondent spoke briefly to the coworker and retrieved the book. Ms. Fitzgerald remained in the car.
After the brief outing, the two returned to the Respondent's home to find Mr. Ramsey waiting. Mr. Ramsey attempted to convince Ms. Fitzgerald to leave with him, but after she declined, he left.
Ms. Fitzgerald and the Respondent reentered the house. He offered her a soft drink and they sat on the sofa and talked. At some point during the evening, they went into his bedroom and engaged in sexual intercourse.
Later that same evening, Mr. Ramsey returned and Ms. Fitzgerald agreed to leave with him. Because she had told her mother she was spending the night with Ms. Boyas, Ms. Fitzgerald slept in Mr. Ramsey's truck. Mr. Ramsey drove Ms. Fitzgerald to her home the next morning.
During the period from June 19, 1987 to September 8, 1987, the Respondent and Ms. Fitzgerald engaged in sexual intercourse on five occasions.
After the meeting on June 19, 1987, the sexual activity was initiated by the Respondent. He would call Ms. Fitzgerald and ask her to meet him at a prearranged location, generally down the street from her home. Each time, she would sneak out her bedroom window and wait for the Respondent. He would pick her up in his vehicle and take her to his house. He would return her to the location after the sexual activity had concluded. The sexual activity took place in his dark bedroom. He wore condoms during intercourse. He asked her not to disclose the relationship because it would damage his teaching career.
During the summer of 1987, Ms. Fitzgerald's mother learned that her daughter had been sneaking out of the house.
On August 19, 1987, Ms. Fitzgerald's mother received a telephone call from a man identified as "Cliff Durso" who said he was a teacher calling to wish her daughter a happy birthday.
On September 8, 1987, Ms. Fitzgerald was involved in an auto accident while skipping school with Ms. Boyas. After leaving the site of the accident, the two women spoke with the Respondent who offered suggestions as to how to deal with the situation.
Later that evening, Ms. Fitzgerald and her mother returned home from an appointment to find several people waiting to discuss the auto accident. At that point, Ms. Fitzgerald had not disclosed the accident to her parents.
After the nature of the accident was disclosed, Ms. Boyas mother contacted the Respondent, apparently in an attempt to obtain whatever information she could about the accident. The extent of the Respondent's knowledge about the details of the accident is unclear.
Late during the evening of September 8, 1987, the Respondent contacted Ms. Fitzgerald. As was the usual procedure, she left her house, went to the prearranged location and was picked up by the Respondent. After the two went to his house and engaged in sexual intercourse, he returned her to the same location.
At some point after September 8, 1987, Ms. Fitzgerald's mother discovered hidden behind a poster in her daughter's room, photographs of the Respondent and a series of letters to the Respondent written but not mailed by Ms. Fitzgerald. In the letters, she discussed her activity with him and indicated that she would protect him.
Ms. Fitzgerald's mother asked her daughter to explain the letters and the situation with the Respondent. Although the evidence establishes that Ms. Fitzgerald became upset, her actual response to her mother's inquiries is unclear.
On September 12, 1987, Ms. Fitzgerald's parents contacted law enforcement officials regarding the activities of their daughter.
At her home on September 13, 1987, Ms. Fitzgerald told Hillsborough County Deputy Sheriff James Mock that she had been engaged in a sexual relationship with the Respondent. She identified September 8 as the date of their last sexual activity. She told the deputy she did not want to get the Respondent into trouble.
Later on September 13, 1987, after the conversation with Officer Mock had occurred, Ms. Fitzgerald's mother received a telephone call from the man identified as "Cliff Durso," who said he was a teacher of her daughter. The caller stated that he expected to see the mother the next morning at 9:00 a.m. for a school conference at which they would discuss the "problems" being caused by Ms. Fitzgerald. Ms. Fitzgerald's mother described the call as threatening. She did not meet with the caller the next day.
On September 14, 1987, Ms. Fitzgerald spoke to another Hillsborough County Deputy Sheriff Detective, M. G. Marino, and recanted her story from the previous day and explained that she'd been "confused."
On September 15, 1987, the Respondent was summoned to the principal's office at Chamberlain High School and was met by Officer Marino who advised the Respondent that he was a suspect in a criminal investigation.
The officer read a "Consent to Interview" form to the Respondent. The first sentence of the "Consent to Interview" form states, "I, Vincent Paul Durso, do hereby consent to being interviewed by Detective M. G. Marino concerning the offense of sexual battery/in custodial authority."
After Officer Marino began reading the form, the Respondent invoked his constitutional right to counsel and exited the principal's office. The interview was not completed.
On September 22, 1987, Officer Marino again met with and interviewed Ms. Fitzgerald. At that time, she acknowledged that her recantation was not truthful and told the officer that she had been engaging in sexual activity with the Respondent.
On September 23, 1987, Captain Wayne Dasinger of the Hillsborough County School System Security Division met with and interviewed Ms. Fitzgerald. The interview was taped until Ms. Fitzgerald instructed Captain Dasinger to turn the recorder off. She continued to discuss the matter after the recording was stopped. During the discussion, she acknowledged engaging in sexual activity with the Respondent and expressed her concern that the Respondent not get into trouble because of the activity.
Also on September 23, 1987, Captain Dasinger met with the Respondent. Captain Dasinger told the Respondent that he was investigating allegations of misconduct with a student. The Respondent declined to be interviewed.
On October 5, 1987, the Respondent resigned from the Hillsborough County School System for "personal reasons."
The allegations of sexual activity with a student were at least a part of the "personal reasons" cited by the Respondent in his October 5 resignation.
In a letter dated November 30, 1987 and written by the Respondent, he "vehemently objects" to the "one dimensional report into my personal life" being placed into his personnel file "especially since it was agreed on October 5th, 1987, that it would not be placed in there in accordance to the conditions of my resignation...." Other than as to the matters at issue in this proceeding, there is no evidence that any other inquiry into the Respondent's "personal life" was conducted or was the subject of any investigation reports.
From February 10, 1988 to August 3, 1988, the Respondent was employed in Los Angeles, California.
On January 3, 1989, the Respondent submitted an application for employment with Pinellas County School System.
On January 15, 1989, the Pinellas County School System received on behalf of the Respondent a reference form which purports to be from the principal of Leto High School. The signature is illegible.
The evidence establishes that the Respondent received the reference forms with his application form, wrote his name and address at the top of each reference form, and distributed the forms to his "references."
The Leto reference form was completed and signed by someone other than a principal of Leto High School. The form was not completed by any person employed as the principal of Leto High School during or since the employment of the Respondent at the school.
The Leto reference form was not completed by any person employed as an assistant principal or secretary to the principal of Leto High School during or since the employment of the Respondent at the school.
The allegations related to the Respondent became a matter of public knowledge after an article appeared in a local newspaper.
According to the Superintendent of the Pinellas County School System, School Board practice and policy provides that any type of sexual conduct between a teacher and a student constitutes just cause for termination of the
offending teacher's employment. Such conduct further constitutes misuse of the teacher's position and impairs the effectiveness of the teacher in the classroom.
At the hearing, the Respondent sought to establish his activities on June 19 and September 8, 1987, which would "prove" that Ms. Fitzgerald's recollection was fabrication. The greater weight of the credible and persuasive evidence establishes that the events occurred as set forth in the preceding findings.
CONCLUSION OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to and subject matter of this proceeding. Section 120.57(1), Florida Statutes.
Case Number 95-2994
In order to prevail, the School Board must establish by a preponderance of the evidence that the Respondent's behavior constitutes just cause sufficient to warrant the Respondent's termination. Allen v. Dade County School Board, 571 So.2d 568 (Fla. 3rd DCA 1990).
Section 231.36(1)(a), Florida Statutes, provides that a member of an instructional staff employed under a professional services contract may be dismissed during the term of the contract only for just cause. Just cause includes, but is not limited to, misconduct in office, incompetency, gross insubordination, willful neglect of duty, or conviction of a crime involving moral turpitude."
In this case, the evidence establishes that the Respondent, employed under a professional services contract, engaged in sexual activities with a student enrolled in his peer counseling class. Sexual contact between a student and a teacher constitutes just cause for termination of the offending teacher's employment. Further, such conduct is a misuse of the teacher's position and impairs the effectiveness of the teacher in the classroom.
Case Number 96-0861
In order to prevail, the Commissioner of Education must establish, by clear and convincing evidence, that the allegations of the administrative complaint are correct. Ferris v. Turlington, 510 So.2d 292 (Fla. 1987).
Insofar as the allegations related to the sexual activity between Respondent and a student, the burden has been met.
The Education Practices Commission has the authority to suspend or revoke a teaching certificate, or otherwise penalize the person holding a teaching certificate. Section 231.28(1), Florida Statutes. In relevant part, Section 231.28(1), Florida Statutes, provides that such penalties may be imposed where it can be shown that the teacher:
(c) has been guilty of gross immorality or an act involving moral turpitude;
* * *
(f) 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.
Immorality is defined as conduct that is inconsistent with the standards of public conscience and good morals. It is conduct sufficiently notorious to bring the individual concerned or the education profession into public disgrace or disrespect and impair the individual's service in the community. Rule 6B-4.009(2), Florida Administrative Code. Gross immorality has been interpreted to mean misconduct which is "serious, rather than minor in nature, and which constitutes a flagrant disregard of proper moral standards." Education Practices Commission v. Knox, 3 FALR 1373 (1981).
Rule 6B-1.006, Florida Administrative Code, is entitled "The Principles of Professional Conduct for the Education Profession in Florida." In relevant part, the rule states:
Obligation to the student requires that the individual:
Shall make reasonable effort to protect the student from conditions harmful to learning or to health or safety.
* * *
(e) Shall not intentionally expose a student to unnecessary embarrassment or disparagement.
* * *
(h) Shall not exploit a professional relation- ship with a student for personal gain or advantage.
In this case, the evidence establishes that the Respondent, a teacher holding a Florida teaching certificate, engaged in sexual activities with a student enrolled in his peer counseling class.
Sexual contact between a student and a teacher constitutes gross immorality and therefore constitutes cause for revocation of certification pursuant to Section 231.28(1)(c), Florida Statutes.
Such conduct seriously reduces the teacher's effectiveness as an employee of the school board and therefore constitutes cause for revocation of certification pursuant to Section 231.28(1)(f), Florida Statutes.
Such conduct also violates Rules 6B-1.006(3)(a), (e) and (h), Florida Administrative Code, and therefore constitutes cause for revocation of certification pursuant to Section 231.28(1)(h), Florida Statutes.
Both Petitioners seek to discipline the Respondent for causing a fraudulent employment reference to be filed with the Pinellas County School Board. Although a logical inference may suggest that the Respondent caused the submission of the fraudulent employment evaluation, the actual evidence on this point is insufficient to meet the appropriate burdens of proof.
Based on the foregoing, it is hereby RECOMMENDED that
The School Board of Pinellas County enter a Final Order terminating the employment of Vincent P. Durso.
The Commissioner of Education enter a Final Order permanently revoking the teaching certification of Vincent P. Durso.
DONE and ENTERED this 28th day of August, 1996 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 28th day of August, 1996.
APPENDIX TO RECOMMENDED ORDER, CASES NO. 95-2994 and 96-0861
To comply with the requirements of Section 120.59(2), Florida Statutes, the following constitute rulings on proposed findings of facts submitted by the parties.
Petitioner Pinellas County School Board
The Pinellas County School Board's proposed findings of fact are accepted as modified and incorporated in the Recommended Order except as follows:
7. Rejected, not supported by evidence. The address set forth in the proposed finding is incorrect.
24. Rejected, unnecessary.
28-29. Rejected, subordinate.
31. Rejected, unnecessary.
33. Rejected, unnecessary.
35. Rejected as to Respondent's inquiry as to how caller obtained his telephone number, irrelevant.
Rejected, subordinate.
Rejected, the assertion that Ms. Fitzgerald left home "as a result of her sexual involvement" with the Respondent is not supported by credible and persuasive evidence.
55-58. Rejected, unnecessary.
59. Rejected, cumulative.
62. Rejected. The evidence fails to establish that the Respondent caused a forged document to be submitted to the School Board.
68-69. Rejected, unnecessary.
Petitioner Frank T. Brogan, Commissioner of Education
The Commissioner's proposed findings of fact are accepted as modified and incorporated in the Recommended Order except as follows:
6. Rejected, not supported by evidence. The address set forth in the proposed finding is incorrect.
23. Rejected, unnecessary.
27-28. Rejected, subordinate.
30. Rejected, unnecessary.
32. Rejected, unnecessary.
34. Rejected as to Respondent's inquiry as to how caller obtained his telephone number, irrelevant.
Rejected, subordinate.
Rejected, the assertion that Ms. Fitzgerald left home "as a result of her sexual involvement" with the Respondent is not supported by credible and persuasive evidence.
54-57. Rejected, unnecessary.
58. Rejected, cumulative.
61. Rejected. The evidence fails to establish that the Respondent caused a forged document to be submitted to the School Board.
67. Rejected, unnecessary.
COPIES FURNISHED:
Dr. J. Howard Hinesley, Superintendent School Board of Pinellas County
301 Fourth Street Southwest Post Office Box 2942
Largo, Florida 34649
Karen Barr Wilde, Executive Director Education Practices Commission
224B 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
Keith B. Martin, Esquire Pinellas County School Board Post Office Box 2942
Largo, Florida 34649
J. David Holder, Esquire 1408 North Piedmont Way Tallahassee, Florida 32312
B. Edwin Johnson, Esquire
1433 South Fort Harrison Avenue Suite C
Clearwater, Florida 34616
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.
| Issue Date | Proceedings |
|---|---|
| Nov. 20, 1996 | Final Order filed. |
| Oct. 15, 1996 | (Petitioner) Final Order filed. |
| Sep. 13, 1996 | (Respondent) Amended Motion for Reconsideration; Letter to Hearing Officer from B.Johnson Re: Motion to extend filed. |
| Sep. 09, 1996 | (Respondent) Exceptions to Proposed Order filed. |
| Sep. 06, 1996 | (Respondent) Motion for Reconsideration filed. |
| Sep. 05, 1996 | CC: Letter to Edwin Johnson from Keith Martin (RE: due date to submit exceptions) filed. |
| Sep. 03, 1996 | (Respondent) Proposed Order; Cover letter from B. Johnson filed. |
| Aug. 28, 1996 | Order Denying Motion for Extension of Time sent out. |
| Aug. 28, 1996 | (Respondent) Motion for an Extension of Time filed. |
| Aug. 28, 1996 | Recommended Order sent out. CASE CLOSED. Hearing held May 14-16, 1996. |
| Aug. 12, 1996 | (Respondent) Motion for an Extension of Time filed. |
| Jul. 19, 1996 | Petitioner Frank T. Brogan`s Proposed Recommended Order filed. |
| Jul. 19, 1996 | Petitioner`s, Pinellas County School Board, Proposed Findings of Fact, Conclusion of Law and Supporting Memorandum filed. |
| Jun. 27, 1996 | (From J. Holder) Motion to Enlarge Time for Filing Proposed Recommended Orders filed. |
| Jun. 21, 1996 | (6 Volumes) Transcript of Proceedings filed. |
| May 14, 1996 | CASE STATUS: Hearing Held. |
| May 03, 1996 | Letter to E. Johnson from K. Martin Re: Respondent`s Exhibit List filed. |
| May 03, 1996 | (Joint) Pre-Hearing Stipulation filed. |
| Apr. 25, 1996 | Letter to B. Johnson from K. Martin Re: Amended Pre-Hearing Stipulation filed. |
| Apr. 22, 1996 | Respondent`s Exhibit List; Respondents Answer to the Petitioners Request for Copies; Letter to K. Martin from B. Johnson Re: Respondent`s Exhibit list filed. |
| Apr. 15, 1996 | (Petitioner) Request for Copies filed. |
| Apr. 12, 1996 | (Copy of)Letter to B. Edwin Johnson from Keith B. Martin filed. |
| Apr. 10, 1996 | Notice of Production of Non-Party; Subp Duces Tecum filed. |
| Apr. 08, 1996 | Letter. to WFQ from B. E. Johnson requesting 12 Subps ad testificandum and 12 Subp Duces Tecum filed. |
| Mar. 29, 1996 | (Petitioner) Notice of Taking Deposition; Stipulation to Extend Discovery Deadline w/cover letter filed. |
| Mar. 25, 1996 | Letter to B. Johnson from K. Martin Re: Pre-Hearing Stipulation (No enclosures) filed. |
| Mar. 15, 1996 | Order of Consolidation sent out. (Consolidated cases are: 95-2994 & 96-0861) |
| Mar. 05, 1996 | (From B. Johnson) Request for Copies w/cover letter filed. |
| Mar. 01, 1996 | (Petitioner) Motion to Consolidate (with DOAH Case No/s. 96-861, 95-2994) filed. |
| Feb. 29, 1996 | (Petitioner) Notice of Non-Party Production; Subpoena Duces Tecum w/cover letter filed. |
| Feb. 06, 1996 | Order on Pending Motions for Protective Orders sent out. |
| Jan. 25, 1996 | Second Order Establishing Prehearing Procedure sent out. |
| Jan. 25, 1996 | Notice of Hearing sent out. (hearing set for May 14-17, 1996; 9:00am; Largo) |
| Jan. 04, 1996 | Joint Case Status Report w/cover letter filed. |
| Dec. 18, 1995 | Letter to Hearing Officer from B. Edwin Johnson Re: Order of Correction filed. |
| Dec. 14, 1995 | (Petitioner) Response to Motion to Take Depositions; Petitioner`s Notice of Serving Third Supplement Answers to Respondent`s First Interrogatories; Petitioner`s Notice of Serving Answers to Respondent`s Interrogatories; Petitioner`s Answers to Respondent |
| Dec. 11, 1995 | (Petitioner) Motion for Protective Order; (2) Non-Party Notice of Intent to Serve Subpoena; (2) Subpoena Duces Tecum w/cover letter filed. |
| Dec. 11, 1995 | (Movant) Motion for Protective Order filed. |
| Dec. 07, 1995 | Order of Correction sent out. (hearing date to be rescheduled at a later date; parties to file status report by 1/10/96) |
| Dec. 06, 1995 | (Respondent) (2) Non-Party Notice of Intent to Service Subpoena; (2) Subpoena Duces Tecum w/cover letter filed. |
| Dec. 06, 1995 | Respondents Answer to the Petitioners Third Request for Production w/cover letter filed. |
| Nov. 30, 1995 | (Petitioner) Motion for Protective Order w/cover letter filed. |
| Nov. 27, 1995 | Petitioner`s Third Request for Production to Respondent; (Petitioner)Response to Motion to Consolidate or Abate filed. |
| Nov. 27, 1995 | Prehearing Stipulation; Cover Letter filed. |
| Nov. 27, 1995 | (Petitioner) Response to Motion for Protective Order and Motion to Enlarge Time for Discovery; (Petitioner) Motion for Protective Order; (Petitioner) Response to Respondent's Response to Petitioner's Notice ofChange In Estimate of Time for Hearing filed. |
| Nov. 27, 1995 | (Movant) Amended Motion for Protective Order filed. |
| Nov. 27, 1995 | Order Cancelling Hearing and Requiring Joint Response sent out. (parties to file joint status report by 1/10/96) |
| Nov. 21, 1995 | Respondents Answer to The Petitioner Second Request for Production W/Attachmetns; (Joint) Prehearing Stipulation; (Respondent) Objection toNotice of Taking Deposition And Motion for Protective Order; Order (for HO signature); Resp ondent's Response to Pet |
| Nov. 21, 1995 | (Petitioner) Notice of Change In Estimate of Time for Hearing; (Petitioner) Notice of Taking Deposition filed. |
| Nov. 20, 1995 | (Respondent) Motion to Consolidate Or Abate (W/Circuit Court Case No.95-3649-CI-20); (Respondent) Motion to Enlarge Time for Discovery; (Respondent) Notice of Taking Depositions Duces Tecum filed. |
| Nov. 17, 1995 | (Respondent) Supplemental Response to Request to Produce; Affidavit w/cover letter filed. |
| Nov. 16, 1995 | Respondents Notice of Service of Answers to Petitioners First Set of Interrogatories; Respondents Answer to the Petitioners First Request for Production; Supplemental Response to Request to Produce; (3) Non-Party Notice of Intent to Subpoena Documents; No |
| Nov. 15, 1995 | Petitioner`s Supplement Response to Respondent`s First Request for Production of Documents; Petitioner`s Notice of Serving Third Supplement Answers to Respondent`s First Interrogatories w/cover letter filed. |
| Nov. 06, 1995 | (Petitioner) Amended Notice of Taking Deposition filed. |
| Nov. 06, 1995 | Respondents Answers to Petitioners Request for Admissions w/cover letter filed. |
| Oct. 23, 1995 | (Petitioner) Notice of Taking Deposition filed. |
| Oct. 16, 1995 | (Respondent) Notice of Taking Depositions w/cover letter filed. |
| Oct. 11, 1995 | (Respondent) Notice of Production From Non-Party; Subpoena Duces Tecum (from Edwin Johnson); CC: 2/Letters from Edwin Johnson (RE: request for medical records) filed. |
| Oct. 10, 1995 | Petitioner`s First Request for Production to Respondent; Petitioner`s Request for Admissions to Respondent; Cover Letter filed. |
| Oct. 10, 1995 | Petitioner`s Notice of Serving Answers to Respondent`s Second Set of Interrogatories; Petitioner`s Notice of Serving Supplement Answer to Respondent`s First Interrogatories; Petitioner`s Supplement Response to Respondent`s First Re quest for Production of |
| Sep. 22, 1995 | Notice of Service of Respondent`s Second Set of Interrogatories to Petitioner; Respondent`s Second Set of Interrogatories to Petitioner w/cover letter filed. |
| Aug. 31, 1995 | Petitioner`s Response to Respondent`s Third Request for Production of Documents w/cover letter filed. |
| Aug. 22, 1995 | Notice of Hearing sent out. (hearing set for December 4th and 5th, 1995; 12:00pm; Largo) |
| Aug. 16, 1995 | Petitioner`s Response to Respondent`s Second Request for Production of Documents w/cover letter filed. |
| Aug. 14, 1995 | Joint Motion to Extend Final Hearing Date; Cover Letter filed. |
| Aug. 11, 1995 | Respondents Second Request to Produce; Letter to Hearing Officer from B. Edwin Johnson Re: Request for subpoenas filed. |
| Aug. 07, 1995 | Respondents Second Request to Produce w/cover letter filed. |
| Aug. 02, 1995 | Petitioner`s Notice of Serving Supplement Answers of Respondent`s First Interrogatories; Petitioner`s Supplement Response to Respondent`s First Request for Production of Documents w/cover letter filed. |
| Jul. 31, 1995 | Petitioner`s Notice of Serving Answers to Respondent`s Interrogatories; Petitioner`s Response to Respondent`s First Request for Production of Documents w/cover letter filed. |
| Jul. 25, 1995 | Order Establishing Prehearing Procedure sent out. |
| Jul. 25, 1995 | Notice of Hearing sent out. (hearing set for 11/28/95;9:00AM;Largo) |
| Jun. 29, 1995 | CC: Letter to K. Martin from Edwin Johnson (RE: joint response to initial order/no enclosures) filed. |
| Jun. 21, 1995 | Letter to S. Smith from B. Edwin Johnson Re: Request for hearing and subpoenas; Letter to S. Smith from Keith B. Martin Re: Request on behalf of school board for hearing; Letter to H. Hinesley from B. Edwin Johnson Re: Representing Mr. Durso; Letter to Mr |
| Jun. 21, 1995 | Initial Order issued. |
| Jun. 15, 1995 | Agency referral letter; Request for Hearing, Letter Form; Agency Action letter filed. |
| Issue Date | Document | Summary |
|---|---|---|
| Nov. 11, 1996 | Agency Final Order | |
| Aug. 28, 1996 | Recommended Order | Sexual activity with student warrants teacher termination and revocation of license. |
RALPH D. TURLINGTON, COMMISSIONER OF EDUCATION vs. JAMES E. STATON, 95-002994 (1995)
TOM GALLAGHER, AS COMMISSIONER OF EDUCATION vs STEPHEN H. ROSENTHAL, 95-002994 (1995)
DOUG JAMERSON, COMMISSIONER OF EDUCATION vs COURTNEY L. CARTER, 95-002994 (1995)
PROFESSIONAL PRACTICES COUNCIL vs. OSSIE L. GARDNER, 95-002994 (1995)
TOM GALLAGHER, AS COMMISSIONER OF EDUCATION vs LOWELL W. BRAGG, 95-002994 (1995)
