STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
TOM GALLAGHER, AS COMMISSIONER ) OF EDUCATION, )
)
Petitioner, )
)
vs. )
)
BRENDA ARMSTEAD, )
)
Respondent. )
Case No. 02-0300PL
)
RECOMMENDED ORDER
Administrative Law Judge Don W. Davis of the Division of Administrative Hearings held a final hearing in the above-styled case on April 22, 2002, in Tavares, Florida.
APPEARANCES
For Petitioner: Ron Weaver, Esquire
913 North Gadsden Street Tallahassee, Florida 32301
For Respondent: No Appearance
STATEMENT OF THE ISSUE
The issue for determination is whether Respondent's teaching certificate should be disciplined for alleged violation of various provisions of Section 231.28 (now Section 231.2615), Florida Statutes, and Rule 6B-1.006, Florida Administrative Code.
PRELIMINARY STATEMENT
By Administrative Complaint dated November 21, 2000, Petitioner charged Respondent with misconduct constituting violations of Sections 231.28(1)(c), 231.28(1)(f), 231.28(1)(i) (all now renumbered as Section 231.2615(1)(c), (f), and (i), respectively), Florida Statutes, and Rules 6B-1.006(3)(a) and 6B-1.006(3)(e), Florida Administrative Code.
Following the failure of settlement attempts between the parties, the matter was transferred to the Division of Administrative Hearings to conduct a formal hearing pursuant to Section 120.57(1), Florida Statutes. Initially assigned to Judge Charles Adams, the case was re-assigned to Judge Don W. Davis for the purpose of final hearing.
Charges of the Administrative Complaint, if proven by clear and convincing evidence, constitute grounds for imposition of discipline against Respondent's professional certification.
At the hearing, Petitioner presented the testimony of 11 witnesses and five exhibits. Respondent did not appear and no one appeared on her behalf.
The Transcript of the final hearing was filed with the Division of Administrative Hearings on May 2, 2002. Leave was granted to file post-hearing submissions more than 10 days after the filing of the transcript. The parties are deemed to have waived provisions of Rule 28-5.402, Florida Administrative Code.
Petitioner submitted a Proposed Recommended Order which has been reviewed and utilized in the preparation of this Recommended Order. Respondent did not submit a proposed recommended order at the time of preparation of this Recommended Order.
FINDINGS OF FACT
Respondent holds Florida Educator's Certificate
No. 684345, valid through June 30, 2005, certified in the area of mentally handicapped education.
At all times relative to these proceedings, Respondent was an employee of the Lake County School District (the District) as a teacher for mentally handicapped students at Lake Hills School.
Respondent was terminated from her employment with the District on May 10, 2000, due to her absenteeism without leave and her gross insubordination as demonstrated by her refusal to report to her job assignment. Lake County School Board vs. Brenda Armstead, Division of Administrative Hearings (DOAH), Case No. 00-2752.
Laurie Marshall, Principal of Lake Hills School, hired Respondent as a teacher in August 1994. Initially, Respondent was a good teacher. In late 1999, however, Respondent was arrested for stalking another person. Respondent had also started exhibiting strange behaviors. She became obsessed with
legal matters and things other than her job as a teacher. Constantly on the telephone and typing letters on her classroom computer instead of teaching students, Respondent would wear latex gloves out of an unfounded fear of contracting disease.
During the school year, Marshall removed Respondent from the classroom, whereupon Respondent began sending threatening letters to the principal.
Respondent dated another teacher, Dennis Lauer, for about six years. The relationship was a rocky one. Altercations between the two were numerous. Respondent would call Lauer's home and the school countless times when she could not locate him at either place. Finally, Lauer terminated the relationship with Respondent in 1998.
Contemporaneously with the termination of his relationship with Respondent, Lauer began to date Dr. Mary Ann Tesalona. Eventually Lauer and Tesalona became engaged. When Lauer was visiting Tesalona's house, Respondent would find out, telephone there, and harass the couple. Respondent also sent letters to Tesalona's family members, telling them that Tesalona was being used by Lauer. Employees who worked for Tesalona also received letters and telephone calls from Respondent. On several occasions, Tesalona asked Respondent to stop sending letters and faxes to her office and her family members.
When Lauer would return to his home from visiting Tesalona, he would find notes and gifts at his door step left by Respondent. Lauer became so concerned that he contacted law enforcement. Finally, on one occasion Respondent followed Lauer and Tesalona and confronted them when they got out of their automobile. At this point, Tesalona sought and received an injunction against Respondent, prohibiting Respondent's contact with Tesalona.
Eventually, Lauer was required to obtain an injunction against Respondent, who had a key to Lauer's apartment. Respondent would go to the apartment without Lauer's permission and remove items. By terms of the injunction, Respondent was prohibited from contact with Lauer.
Despite the injunctions, Respondent continued to contact Lauer and friends of his for the next three or four years.
Another female teacher who previously dated Lauer had also received harassing treatment from Respondent. Respondent made telephone calls and sent letters to the teacher about Lauer. Respondent also sent faxes to the teacher's principal.
A major crime detective with the Lake County Sheriff's office was assigned to investigate stalking charges made against Respondent by Lauer and Tesalona. Respondent, when questioned by the detective about the quantity of telephone calls, letters,
and cards sent by her to Lauer and Tesalona, admitted that she had "sent a lot" of such correspondence. She stated that she believed that God wanted her and Lauer to be together. Her attempts to breakup the relationship between Lauer and Tesalona, she told the detective, were part of a mission assigned to her by God.
Respondent has filed numerous pleadings and complaints in courts and governmental agencies throughout the state of Florida regarding termination of her employment with the District. Also, Respondent has filed lawsuits against individuals. In some instances, she has demanded payment of monies in exchange for dropping the cases.
Just prior to termination of her school employment by the district, Respondent had two teaching assistants. The assistants observed that Respondent limited her diet solely to baby food and 50 or more vitamins per day. Further, Respondent would sometimes simply stop working with students and begin writing numerous letters.
On one occasion while scooting a student's chair up to the table, Respondent caused a student's hand to be mashed between the chair and table. The child started screaming. Respondent went into her office and then came back out, wondering aloud what was the child's problem. Respondent acted
as though she were unaware of the problem or how the child's hand had gotten hurt.
Respondent's "on the job" behavior as established by testimony at the final hearing was unique. Her overall behavior creates concern regarding the eccentric nature of Respondent, as well as concern for students who might be subjected to her care
and tutelage.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over this matter. Section 120.57(1), Florida Statutes.
Petitioner has the burden of proving the charges set forth in the Administrative Complaint by clear and convincing evidence. Ferris v. Turlington, 510 So. 2d 292 (Fla. 1987).
The Administrative Complaint in this case alleges Respondent's violation of Section 231.28(1)(c), now renumbered as Section 231.2615(1)(c), Florida Statutes, for commission of acts involving moral turpitude. The behavior of Respondent certainly may be classified as eccentric and bizarre. Whether that behavior rises to the level of intentionally dishonest behavior remains to be proven. Respondent is not guilty of this charge in the Administrative Complaint.
Respondent is also charged in the Administrative Complaint with violation of Section 231.28(1)(f), now renumbered
as Section 231.2615(1)(f), Florida Statutes, as a result of personal conduct reducing her effectiveness as a school board employee. Certainly Respondent's personal conduct has reduced her effectiveness as a teacher. Respondent is guilty of this charge.
Respondent is also charged with violation of Section 231.28(1)(i), now renumbered as Section 231.2615(1)(i), Florida Statutes, as a result of her violation of Rule 6B-1.006(3)(a), Florida Administrative Code, requiring teachers to make a reasonable effort to protect students from conditions harmful to learning or health and safety. As established by the evidence, Respondent was not attentive to the welfare of her students at certain times and is guilty of this charge.
Further, Respondent is alleged to have violated Section 231.28(1)(i) (now Section 231.2615), Florida Statutes, and Rule 6B-1.006(3)(e), Florida Administrative Code, by intentionally exposing a student to unnecessary embarrassment or disparagement. The evidence presented does not support a finding that Respondent's behavior inured to the detriment of any student other than the student whose hand was mashed. There was no evidence presented that Respondent intentionally injured the child. Respondent is not guilty of exposing a student to unnecessary embarrassment or disparagement as charged in the Administrative Complaint.
Section 231.2615, Florida Statutes, authorizes imposition of discipline by Petitioner as follows:
The Education Practices Commission may suspend the teaching certificate of any person as defined in s. 228.041(9) or (10) for a period of time not to exceed 3 years, thereby denying that person the right to teach for that period of time, after which the holder may return to teaching as provided in subsection (4); to revoke the teaching certificate of any person, thereby denying that person the right to teach for a period of time not to exceed 10 years, with reinstatement subject to the provisions of subsection (4); to revoke permanently the teaching certificate of any person; to suspend the teaching certificate, upon order of the court, of any person found to have a delinquent child support obligation; or to impose any other penalty provided by law, provided it can be shown that the person:
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f) Upon investigation, has been found guilty of personal conduct which seriously reduces that person's effectiveness as an employee of the district school board.
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(i) Has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules.
Considering Respondent's personal conduct in this matter, it is determined that Respondent has seriously reduced or destroyed any possible effectiveness she may have as a teacher. Additionally, her conduct is viewed as violative of the Principles of Professional Conduct for the Education
Profession, particularly with regard to protection of students from conditions harmful to learning or safety as exemplified by those times when she would simply stop working with students.
Based upon the foregoing Findings of Fact and Conclusions of Law, it is
Recommended that a Final Order be entered finding Respondent in violation of Section 231.28(1)(f), as well as Section 231.28(1)(i), both now renumbered as Sections 231.2615(1)(f) and 231.2615(1)(i), respectively, Florida Statutes, as a result of her violation of Rule 6B-1.006(3)(a), Florida Administrative Code, and revoking her teaching license.
DONE AND ENTERED this 4th day of June, 2002, in Tallahassee, Leon County, Florida.
DON W. DAVIS
Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847 www.doah.state.fl.us
Filed with the Clerk of the Division of Administrative Hearings this 4th day of June, 2002.
COPIES FURNISHED:
Brenda Armstead
Rural Route 1, Box 1356 Kingwood, West Virginia 26537
Brenda Armstead
2828 61st Street, Apartment 603
Galveston, Texas 77551
Brenda Armstead Post Office Box 3398
Galveston, Texas 77552
Kathleen M. Richards, Executive Director Department of Education
325 West Gaines Street, Room 224E Tallahassee, Florida 32399-0400
Ron Weaver, Esquire
913 North Gadsden Street Tallahassee, Florida 32301
Jerry W. Whitmore, Chief Bureau of Educator Standards Department of Education
325 West Gaines Street, Suite 224E Tallahassee, Florida 32399-0400
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 this Recommended Order should be filed with the agency that will issue the final order in this case.
| Issue Date | Document | Summary |
|---|---|---|
| Oct. 25, 2002 | Agency Final Order | |
| Jun. 04, 2002 | Recommended Order | Respondent`s loss, through her own bizarre behavior, of effectiveness as a teacher, merits revocation of her teacher`s certification. |
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