STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FRANK T. BROGAN, as )

Commissioner of Education, )

)

Petitioner, )

)

vs. ) CASE NO. 96-2636

)

RICHARD T. VAUGHN, JR., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, this matter was heard before the Division of Administrative Hearings by its assigned Hearing Officer, Donald R. Alexander, on September 5, 1996, in Ocala, Florida.

APPEARANCES

For Petitioner: Carl J. Zahner, II, Esquire

Department of Education Suite 1701, The Capitol

Tallahassee, Florida 32399-0400 For Respondent: No appearance

STATEMENT OF THE ISSUE

The issue is whether respondent's educator's certificate should be disciplined for the reasons cited in the administrative complaint filed on November 7, 1995.

PRELIMINARY STATEMENT

This matter began on November 7, 1995, when petitioner, Frank T. Brogan, as Commissioner of Education, issued an administrative complaint alleging that respondent, Richard T. Vaughn, Jr., a licensed teacher, had violated Sections 231.28(1)(f) and (i), Florida Statutes, and Rules 6B-1.006(3)(a) and (e), Florida Administrative Code, by virtue of conduct which occurred during school year 1993-94 while employed as a teacher in the Marion County School District.

Containing a rather lengthy set of charges, the complaint generally alleged that during the school year, respondent left his class unattended and unsupervised, "began screaming (at a student) to the point of losing control" on one occasion, engaged in inappropriate conduct on numerous other occasions, engaged a student in a shouting match, left his students unsupervised at a softball game, and gunned his motor at a female student as she was crossing the street and "brought his car very close to the student." For this conduct, the agency seeks to discipline respondent's teaching certificate.

Respondent disputed these allegations and requested a formal hearing to contest the agency's proposed action. The matter was referred by petitioner to the Division of Administrative Hearings on May 31, 1996, with a request that a Hearing Officer be assigned to conduct a formal hearing.

By Notice of Hearing dated June 26, 1996, a final hearing was scheduled on September 5 and 6, 1996, in Ocala, Florida. At final hearing, petitioner presented the testimony of Joella Markham, a teacher at The Phoenix Center; Carol A. Vought, dean of students at The Phoenix Center; Stanley M. Jacobs, former principal at Marion Regional Juvenile Detention Center and The Phoenix Center; and James C. Noell, director of employee relations for the Marion County School Board. Also, it offered petitioner's exhibits A-K. All exhibits were received in evidence. Although given timely notice of the final hearing, respondent did not attend.

There is no transcript of hearing. Also, petitioner waived its right to file proposed findings of fact and conclusions of law. On September 17, 1996, however, it filed a suggested penalty to be imposed on respondent.

FINDINGS OF FACT

Based upon all of the evidence, the following findings of fact are determined:

1. Respondent, Richard T. Vaughn, Jr., is licensed as a teacher having been issued Florida Educator's Certificate 678116 by the Department of Education. The certificate covers the area of sociology and was valid through June 30, 1995. When the events herein occurred, respondent was employed as a mathematics teacher at the Marion Regional Juvenile Detention Center (MRJDC) and The Phoenix Center in the Marion County School District.

   
   

2. Based on conduct which occurred during school year 1993-94, on May 19, 1994, respondent was suspended from his teaching position by the Marion County School Board (Board). After an administrative hearing was held in December 1994, a final order was entered by the Board on March 31, 1995, terminating respondent for misconduct in office, incompetency, and willful neglect of duty.

   
   

3. After learning of the Board's action, and conducting a further inquiry, petitioner, Frank T. Brogan, as Commissioner of Education, issued an administrative complaint on November 7, 1995, alleging that respondent's conduct also constituted a sufficient ground to discipline his teacher's certificate. The charges stem from incidents which allegedly occurred while respondent taught at MRJDC from September 1993 until April 7, 1994, and at The Phoenix Center from April 8, 1994, until May 17, 1994. In his request for a hearing, respondent has denied all material allegations.

   
   

4. During most of school year 1993-94, respondent taught at MRJDC, which is a detention facility for students who are awaiting trial on criminal charges. As might be expected, the students at MRJDC "are very difficult to work with." At hearing, respondent's supervisor established that respondent had "difficulty" with his work, he was "uncooperative" with other faculty and staff, and he had "problems" with his peers. His behavior was generally described by all witnesses as being "bizarre" and "irresponsible." On some occasions, he would become angry with his students and "storm" out of his classroom leaving the students unsupervised.

5. While respondent was teaching at MRJDC, it was necessary for the principal of the school's education center to meet with respondent because he would not speak to any of his colleagues. Respondent took the position that speaking with his peers was not in his job description, and thus it was unnecessary for him to do so. Although admonished by the principal to communicate with his peers, respondent continued to be abrupt and uncommunicative.

   
   

6. During his tenure at MRJDC, respondent exhibited irrational and explosive behavior while teaching his classes. For example, he frequently engaged in screaming tirades against students who failed to meet his disciplinary expectations. In addition, it was not unusual for respondent to be confrontational with his students, and if threatened by one, he would challenge the student to carry out the threat, or to meet him outside the classroom to resolve the matter.

   
   

7. Respondent's pattern of explosive behavior at MRJDC culminated on April 7, 1994, when the MRJDC superintendent was called to respondent's classroom to resolve an "emergency" situation. As it turned out, a student had thrown some pencil lead, hitting respondent in his glasses. Respondent began yelling at the student and challenging him to come outside the classroom and "take him on" to settle the score. When the superintendent arrived, she asked respondent to leave campus for the remainder of the day. However, respondent became abrupt and confrontational with the superintendent, initially refused to leave, and continued yelling at the student for another five minutes.

   
   

8. Because of respondent's pattern of irrational and explosive behavior throughout the school year, and his loss of effectiveness as a teacher at MRJDC with both his colleagues and his students, a decision was made to transfer respondent to The Phoenix Center, an alternative education school, in order to give him one final opportunity.

   
   

9. Effective April 8, 1994, respondent was reassigned to The Phoenix Center as an exceptional student education teacher. His class consisted of no more than four or five students. Despite the small number of students, respondent continually called the dean of students to resolve disciplinary problems which arose in his classroom. It can be reasonably inferred that respondent lacked the necessary demeanor and temperament to effectively manage and control his classroom.

   
   

10. On May 3, 1994, respondent was described as being "incoherent" and "in a rage" while engaged in an altercation with a student who had threatened him. While the student was being led from the classroom to the principal's office by the dean of students, respondent became "agitated" and followed the student down the hallway continuing to challenge him to carry out his threat. Although ordered by the dean to return to the classroom, respondent initially refused to do so. Respondent's explanation for his conduct was that he was trying to prove a point with the student. For at least the second time that school year, respondent was instructed by the principal not to challenge students who had made threats.

    
    

11. By engaging in the conduct described in the previous finding of fact, and that described in findings of fact 6 and 7, respondent intentionally exposed his students to unnecessary embarrassment or disparagement.

12. On May 6, 1994, while coaching a school softball team, respondent became outraged over a call by the umpire and left the campus without permission. During his absence, the students were unsupervised.

    
    

13. On May 17, 1994, respondent was returning to campus in his automobile when he approached a group of students in the roadway. One female student ignored her teacher's request to move and intentionally remained in the middle of the road. As he approached the student, respondent gunned his engine and drove straight for the student but hit his brakes stopping just short of her. Respondent later explained that he was merely trying to prove the point that if a student remained in the road with a car approaching, she would "be in trouble." By engaging in this conduct, respondent failed to make a reasonable effort to protect a student's physical safety.

    
    

14. By virtue of his personal conduct over the school year at both MRJDC and The Phoenix Center, respondent's effectiveness as a classroom teacher has been seriously reduced.

    
    

    CONCLUSIONS OF LAW

    
    

15. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties hereto pursuant to Section 120.57(1), Florida Statutes.

    
    

16. Because respondent's teaching certificate is at risk, petitioner bears the burden of proving the allegations in the complaint by clear and convincing evidence. See, e.g., Ferris v. Turlington, 510 So.2d 292 (Fla. 1987).

    
    

17. The administrative complaint alleges that, through his conduct, respondent has violated Sections 231.28(1)(f) and (i), Florida Statutes, and Rules 6B-1.006(3)(a) and (e), Florida Administrative Code. The statutory provisions serve as grounds for the Education Practices Commission to take disciplinary action against a licensed teacher when the licensee:

    
    

    (f) upon investigation, has been found guilty of personal conduct which seriously reduces that person's effectiveness as an employee of the school board; (or)

    * * *

    (i) has violated the Principles of Profess- ional Conduct for the Education Profession prescribed by State Board of Education rules.

    
    

    The violation of paragraph 231.28(1)(i) is said to have occurred by virtue of respondent having violated rules 6B-1.006(3)(a) and (e), which require that the teacher:

    
    

    (a) 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 safety.

    * * *

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

18. By clear and convincing evidence, petitioner has established that, during school year 1993-94, respondent "berated and yelled at students to the point of losing control," "became confrontational with students," "became abrupt with his principal and colleagues," "became confrontational with his colleagues," "left his students unsupervised on several occasions," and "refused to speak to or acknowledge the presence of his colleagues," as alleged in paragraph 5 of the complaint. Petitioner has also established by clear and convincing evidence, as alleged in paragraphs 7, 9 and 10 of the complaint, that on May 3, 1994, respondent "challenged a student to go ahead with a threat," on May 6, 1994, while coaching a softball game, he "walked off the field, leaving his students unsupervised," and on May 17, 1994, he "gunned his motor at a female student . . . and brought the car very close to the student." Finally, there is clear and convincing evidence that this conduct, when taken as a whole, has seriously reduced respondent's effectiveness as a teacher.

    
    

19. Given the above factual predicate, it is concluded that respondent has violated Section 231.28(1)(f), Florida Statutes, in that his personal conduct during school year 1993-94 seriously reduced his effectiveness as a teacher. It is further concluded that respondent has violated Section 231.28(1)(i), Florida Statutes, by contravening the terms of Rules 6B-1.006(3)(a) and (e), Florida Administrative Code.

    
    

20. Under the terms of section 231.28, if a violation of that section has been shown, as has been done here, the Education Practices Commission can suspend the teacher's license "for a period of time not to exceed 3 years," "revoke the teaching certificate of any person . . . for a period of time not to exceed 10 years," or "revoke permanently the teaching certificate of any person." In a document filed on September 17, 1996, petitioner has suggested that respondent's teaching certificate be revoked for one year, that he be allowed to apply for an educator's certificate only upon certification by a mental health professional that he is competent and capable of performing his duties as an educator, and that upon reemployment, he be placed on probation for a period of three years. This suggested penalty is deemed to be appropriate.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Education Practices Commission enter a final order

finding respondent guilty of violating Sections 231.28(1)(f) and (i), Florida

Statutes, and Rules 6B-1.006(3)(a) and (e), Florida Administrative Code, revoking his certificate for one year, allowing him to reapply for an educator's certificate only upon certification by a mental health professional that he is competent and capable of performing his duties as an educator, and upon reemployment, placing him on probation for a period of three years.

DONE AND ENTERED this 18th day of September, 1996, in Tallahassee, Florida.

DONALD R. ALEXANDER, Hearing Officer Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675, SunCom 278-9675

Filed with the Clerk of the Division of Administrative Hearings this 18th day of September, 1996.

COPIES FURNISHED:

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

Carl J. Zahner, II, Esquire Department of Education Suite 1701, The Capitol

Tallahassee, Florida 32399-0400

Richard T. Vaughn, Jr. 1731 26th Street, South

St. Petersburg, Florida 33712

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit to the agency 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 Education Practices Commission concerning its rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the Education Practices Commission.

Docket for Case No: 96-002636

Orders for Case No: 96-002636