STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FRANK T. BROGAN, as )

Commissioner of Education, )

)

Petitioner, )

)

vs. ) CASE NO. 96-4453

)

CHIH-LI OU YANG, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a final hearing was held in this case on February 5, 1997, by videoconference between Tampa and Tallahassee, Florida, before Carolyn S. Holifield, Administrative Law Judge, Division of Administrative Hearings.

APPEARANCES

For Petitioner: Bruce Taylor, Esquire

501 First Avenue North

St. Petersburg, Florida 33701

For Respondent: Chih-Li Ou Yang, Pro Se

4246 Reuben Court, Apartment 64

Tampa, Florida 33616 STATEMENT OF THE ISSUE

Whether Respondent committed the acts alleged in the Amended Administrative Complaint and, if so, what penalty should be imposed.

PRELIMINARY STATEMENT

On or about August 19, 1996, Petitioner, Frank T. Brogan, as Commissioner of Education, filed an Amended Administrative Complaint containing three counts against Respondent, Chih-Li Ou

Yang. Count One alleges that Respondent is guilty of personal conduct which seriously reduces her effectiveness as an employee of the school board in violation of Section 231.28(1)(f), Florida Statutes. Count Two charged that Respondent submitted fraudulent information on a document in connection with a professional activity in violation of Rule 6B-1.006(5)(h), Florida Administrative Code. Count Three alleged that Respondent made a fraudulent statement or failed to disclose a material fact on her own or another’s application for a professional position in violation of Rule 6B-1.006(5)(i), Florida Administrative Code.

Respondent denied the allegations and timely requested a formal hearing. By letter dated September 18, 1996, the matter was referred to the Division of Administrative Hearings and this proceeding followed.

At hearing, Petitioner presented the testimony of four witnesses: Marilyn Wittner, Director of Human Resources, Hillsborough County School District; Martha H. Rahming, principal, Garden City Elementary School, St. Lucie County School District; Susan Raven, Personnel Officer, St. Lucie County School District; and Chih-Li Ou Yang, Respondent. Petitioner had eight exhibits admitted into evidence. Respondent testified on her own behalf and had sixteen exhibits admitted into evidence. The record remained open until February 14, 1996, to allow Respondent time to file late-filed exhibits, though none were filed.

A transcript of the hearing was filed on February 18, 1997. Petitioner submitted proposed findings of fact and conclusions of

law. Respondent submitted no findings of fact or conclusions of law, but written argument which was considered in light of the record evidence.

FINDINGS OF FACT

1. Respondent, Chih-Li Ou Yang (Respondent), currently holds a temporary teaching certificate, Florida Educator’s Certificate 683550, issued by the State of Florida, Department of Education. The certificate covers the area of Emotionally Handicapped and is valid from July 1, 1995 through June 30, 1997.

2. Respondent was employed as a teacher of emotionally handicapped students in the Hillsborough County School District (Hillsborough County) from August 16, 1993 through June 30, 1994. Respondent’s employment in the Hillsborough County was pursuant to a temporary contract which guaranteed her employment for only one school year.

3. During her employment as a teacher in Hillsborough County, Respondent’s performance as a teacher of emotionally handicapped students was evaluated. Of the four general areas covered on the evaluation, Respondent received an overall rating of unsatisfactory in three areas, resulting in an overall performance evaluation of unsatisfactory.

4. Respondent was given a copy of her evaluation from Hillsborough County.

5. On or about April 12, 1994, Respondent submitted an Application for Instructional Position (Application) for employment with the School Board of St. Lucie County, Florida.

6. The Application included a section, entitled “Teaching Experience,” which requested that the applicant submit a copy of her most recent annual evaluation/observation. This section further provided space for the applicant to list the names and addresses of the schools where the applicant had taught; the grades and subjects taught; and the dates of such employment. Respondent did not list any prior teaching experience.

7. The Application also contained a section entitled "Educational References," which required the applicant to list the name and location of the school system where she was currently under contract. Respondent did not respond to this question, but rather left it blank.

8. The application contained the following statement:

   
   

   . . .I certify that all information given on this application is true and complete to the best of my knowledge. I understand that employment through false or willful misrepresentation of facts may be grounds for dismissal.

   
   

   Respondent signed the Application on April 8, 1994, thereby, certifying that the information provided on the Application was true and complete.

9. On or about April 6, 1994, Respondent submitted a resume to the School Board of St. Lucie County. The resume failed to disclose her work experience in Hillsborough County.

10. A new program for the emotionally handicapped students was being implemented for the 1995-96 school year at Garden City Elementary School, a school in the St. Lucie County School

    District. At all times relevant to this proceeding, Dr. Martha

    
    

    H. Rahming was the principal of Garden City Elementary School.

    
    

11. In the fall of 1995, Dr. Rahming interviewed Respondent for a teaching position in the program for emotionally handicapped students at Garden City Elementary School. Although during the interview Respondent's past work experience was discussed, she did not disclose to Dr. Rahming her teaching experience in Hillsborough County. Respondent also did not provide Dr. Rahming with a resume which included her Hillsborough County teaching experience.

12. Dr. Rahming requested that Respondent be hired for a teaching position in Garden City Elementary School's program for emotionally handicapped students. On September 12, 1995, the School Board of St. Lucie County, Florida appointed Respondent to a position as a teacher of emotionally handicapped students at Garden City Elementary School. The appointment, effective September 13, 1995, was for the first semester only.

13. While working as a teacher at Garden City Elementary School, Respondent demonstrated difficulty in adjusting to her work. The most serious problems experienced by Respondent involved her inability to maintain order in the classroom. This difficulty was similar to the difficulty Respondent had while teaching in Hillsborough County.

14. Dr. Rahming tried to assist Respondent by having her work with more experienced teachers; however these efforts were

    unsuccessful. Dr. Rahming eventually sought assistance from the St. Lucie School District's Central Administration.

15. On or about November 10, 1995, a conference was held at Garden City Elementary School concerning the difficulties Respondent was experiencing in the classroom. The conference was attended by Respondent, Dr. Rahming, and two district level administrators, Susan Ranew and Mrs. Gaylor. During this meeting, Respondent admitted that she had previously worked in Hillsborough County as a teacher. Only after this acknowledgment did Dr. Rahming become aware of Respondent's teaching experience in Hillsborough County.

16. The problems that Respondent had in coping with her job responsibilities had a detrimental effect on the emotionally handicapped children she was hired to teach. Had Dr. Rahming been aware of Respondent's prior work history in Hillsborough County, she may not have recommended that Respondent be hired.

17. Since inadvertently revealing her Hillsborough County teaching experience, Respondent has given several different explanations for not disclosing her Hillsborough County teaching experience on her Application. The reasons given by Respondent include (1) her belief that listing the experience would jeopardize her employment opportunity in the St. Lucie School District; the custom in her county is that negative work experience not be listed on applications; her belief that listing of all teaching experience on the application was optional; and at the time the application was completed, she was no longer

    under contract with Hillsborough County.

    
    

18. Although English is not Respondent's first language, when the Application was completed, Respondent had earned two Master's degrees from two universities in the United States. In order to earn these graduate degrees, both of the universities required fluency in the English language.

19. It is important for individuals applying for teaching positions to be honest in application for jobs so that administrators can adequately assess candidates and ultimately do what is best for the children involved.

20. After admitting that she had failed to disclose her Hillsborough County experience, Respondent was informed by St. Lucie School District administrators that her behavior was sufficiently serious to justify discipline. However, prior to the St. Lucie School Board's taking any disciplinary action, Respondent resigned her teacher's position, effective December 12, 1995.

    CONCLUSIONS OF LAW

    
    

21. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of this proceeding. Section 120.57(1), Florida Statutes.(1995).

22. Section 231.28 (1), Florida Statutes, authorizes the Education Practices Commission to suspend, revoke, or otherwise discipline the teaching certificate of individuals found guilty of the offenses enumerated therein. According to that provision, disciplinary action may be imposed if the certificate holder:

    (f) Upon investigation, has been found guilty of personal conduct which seriously reduces that person's effectiveness as the employee of the School Board;

    * * *

    (i) Has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules;

    
    

23. The State Board of Education has adopted the Principles of Professional Conduct for the Education Profession. These principles are codified in Rule 6B-1.006, Florida Administrative Code.

24. Respondent, as the holder of a teacher's certificate, is charged with the responsibility of complying with all applicable rules of the State Board of Education.

25. The allegations in this case are that Respondent violated Rule 6B-1.006 (5)(h) and (i), Florida Administrative Code, which provide the following:

    (5) Obligation to the profession requires that the individual:

    * * *

    1. Shall not submit fraudulent information on any document in connection with professional activities.

    2. Shall not make any fraudulent statement or fail to disclose a material fact in one's own or another's application for a professional position.

    
    

26. The Education Practices Commission has the burden of proof in this proceeding and must show by clear and convincing evidence that Respondent committed the acts alleged in the Amended Administrative Complaint. Ferris v. Turlington, 510 So.2d 292 (Fla. 1987).

27. Petitioner has met its burden in this case as to the alleged violations of Section 231.28(1)(f) and (i), Florida Statutes. The undisputed evidence established that the Respondent violated the Principles of Professional Conduct for the Education Profession by (1) submitting fraudulent information in connection with professional activities and (2) making fraudulent statements and failing to disclose a material fact in her application for a professional position in violation of Rule 6B-1.006(5)(h) and (i), Florida Administrative Code.

28. Respondent submitted an application for a teaching position that specifically requested information about previous and current teaching experience. Respondent intentionally omitted her most recent year of teaching experience in Hillsborough County from the Application. Apparently, Respondent did so to prevent the St. Lucie County School District from learning of her teaching difficulties in Hillsborough County. Furthermore, on a resume submitted in connection with her application for an instructional position in St. Lucie County, Respondent failed to include her Hillsborough County teaching experience. Finally, when interviewing with the principal of Garden City Elementary School for a teaching position, Respondent did not disclose her Hillsborough County teaching experience.

29. The above-mentioned violations of the Principles of Professional Conduct for the Education Profession by Respondent seriously reduce her effectiveness as an employee of the School Board. Clearly, Respondent's dishonesty impacted administrators'

opportunity to review her work record and determine the appropriate work situation for her. Respondent's failure to fully disclose her experience resulted in her being placed in a classroom situation which was detrimental for the students in her class.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is,

RECOMMENDED that a final order be entered suspending the teaching certificate of Respondent, Chih-Li Ou Yang, for a period of two

(2) years, followed by a one year period of probation under such terms and conditions as prescribed by the Education Practices Commission.

DONE and ORDERED this 6th day of May, 1997, in Tallahassee, Florida.

CAROLYN S. HOLIFIELD

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(904) 488-9675 SUNCOM 278-9675

Fax Filing (904) 921-6847

Filed with the Clerk of the Division of Administrative Hearings this 6th day of May, 1997.

COPIES FURNISHED:

Ms. Chih-Li Ou Yang

4246 Reuben Court, Apartment 64

Tampa, Florida 33616

Bruce Taylor, Esquire

501 First Avenue North

St. Petersburg, Florida 33701

Kathleen M. Richards Administrator Department of Education

Professional Practices Services

352 Florida Education Center

325 West Gaines Street Tallahassee, Florida 32399-0400

Karen Barr Wilde Executive Director

Educational Practices Commission 224-B Florida Education Center

325 West Gaines Street Tallahassee, Florida 32399-0400

Michael H. Olenick General Counsel Department of Education

The Capitol, Plaza Level 08 Tallahassee, Florida 32399-400

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within 15 days from the date of this Recommended Order. Any exceptions to the Recommended Order should be filed with the agency that will issue the Final Order in this case.

Docket for Case No: 96-004453

Orders for Case No: 96-004453