STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JIM HORNE, as Commissioner of Education,

Petitioner,

vs.

FREDA N. SHERMAN-STEVENS,

Respondent.

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) Case No. 03-1127PL

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RECOMMENDED ORDER

On July 29, 2003, a final hearing in this case was held by video teleconference between Tallahassee and Tampa, Florida, before William F. Quattlebaum, Administrative Law Judge, Division of Administrative Hearings.

APPEARANCES

For Petitioner: Bruce P. Taylor, Esquire

Post Office Box 131

St. Petersburg, Florida 33731-0131 For Respondent: No appearance.

STATEMENT OF THE ISSUES

The issues in the case are whether the allegations set forth in the Administrative Complaint filed against the Respondent are correct, and, if so, what penalty should be imposed.

PRELIMINARY STATEMENT

On February 20, 2002, Jim Horne, as Commissioner of Education (Petitioner), filed an Administrative Complaint against Freda N. Sherman-Stevens (Respondent) alleging that the Respondent had engaged in inappropriate and unprofessional conduct directed at supervisors and colleagues. The Respondent filed a request for an administrative hearing. The request was forwarded to the Division of Administrative Hearings, which scheduled the hearing.

Originally, the hearing was to be conducted by video teleconference link between Tallahassee, Tampa (the location of the witnesses) and Fort Lauderdale (the location of the Respondent). At the time the hearing was scheduled to commence, the Respondent had not appeared at the Fort Lauderdale videoconferencing site, and the hearing was delayed to permit additional time for the Respondent to arrive. The hearing commenced approximately 25 minutes later, by which time the Respondent remained absent, and the Fort Lauderdale link was disconnected.

During the proceeding, the Petitioner presented the testimony of eight witnesses and had Exhibits numbered 1 through 11 admitted into evidence.

A transcript of the hearing was filed. The Petitioner filed a Proposed Recommended Order that was considered in the preparation of this recommended order.

All citations are to Florida Statutes (2002) unless otherwise indicated.

FINDINGS OF FACT

1. At all times material to this case, the Respondent was a Florida teacher, holding Florida Educator's Certificate

   No. 744199 (covering the area of elementary education) valid through June 30, 2001.

2. By Final Order issued by the Education Practices Commission of the State of Florida and dated September 6, 2000, the Respondent was reprimanded and placed on two-years' probation for falsification of an employment reference and for falsely claiming to have received a Florida Educator's Certificate.

3. At all times material to this case, the Respondent was employed as a teacher at Eastside Elementary School in the Polk County School District.

4. During the 2000-2001 school year, the Respondent engaged in inappropriate and unprofessional conduct directed towards supervisors and colleagues.

5. On one Friday during the 2000-2001 school year, the Respondent's classroom was impacted by a bathroom leak. The

   room was cleaned and no odor remained by the following Monday. Nonetheless, the Respondent insisted that her class be moved to a different classroom upon her return and school officials complied.

6. The room to which the class was moved had been used as a "fifth grade resource room" by another teacher, who offered to move the materials in the resource room before the Respondent's class moved in, but the Respondent declined to allow the teacher to retrieve the materials. Subsequently, the materials moved by the Respondent were moved in a haphazard manner, and other resource room materials were discovered strewn about the room. The resource room teacher eventually had to retrieve additional boxes of classroom and personal materials from the resource room after occupation by the Respondent.

7. Even after the move, the Respondent complained of offensive odors in the room. There is no evidence that any odors were related to the bathroom leak that precipitated the move. There is evidence that the odors emanated from a small refrigerator the Respondent kept in the classroom.

8. On one occasion, the Respondent physically confronted a colleague by blocking an office doorway and refusing to permit the colleague to pass. When the colleague attempted to avoid having to pass through the blocked doorway, the Respondent followed the colleague and demanded to speak with her.

   Eventually the colleague walked to her classroom and attempted to lock the classroom door to prevent the Respondent from entering, but the Respondent grabbed the door-handle and forced her way into the colleague's classroom. The evidence fails to establish why the Respondent was insistent on confronting and conversing with the colleague.

9. On several occasions, the Respondent reached into her dress, grasped her breast, and threatened to "squirt breast milk" at colleagues. On one occasion, she exposed her breast to colleagues when making the threat.

10. When the school's "teacher of the year" was chosen, the chosen teacher received a gift of a dozen roses from the school. The Respondent immediately asked the teacher for one of the roses, and the teacher declined the request. The Respondent then pulled one of the roses from the bouquet and engaged in a verbal confrontation with the teacher in front of students. Several days later, the Respondent returned the rose, which had turned black, to the teacher.

11. At another time, the Respondent engaged in a confrontation with the "teacher of the year" following a joint presentation to parents and students. The Respondent apparently was unhappy with the teacher's participation in the program and began yelling in the lunchroom at a volume sufficient to gain the attention of others in the room.

12. The Respondent engaged in yet another confrontation with the "teacher of the year" when the Respondent insisted that the two examine a manual related to a reading program implemented in the school, ostensibly to establish that the Respondent was teaching the program correctly and that the other teachers were teaching incorrectly. During the confrontation and in the presence of students, the "teacher of the year" declined to engage in conversation with the Respondent who then grabbed the teacher's arm and insisted that the two go to the school office to continue the discussion.

13. The Respondent's behavior intimidated and influenced the "teacher of the year" sufficiently to have led to the teacher's decision to retire from teaching at the school.

14. The Respondent verbalized vague threats towards other school staff at various times.

15. For reasons unknown, telephone calls from the Respondent's mobile phone were placed to colleagues and supervisors, but when they answered the calls, the caller would not speak and would hang-up the phone. At one point, the Respondent engaged in calls to the school principal wherein the Respondent would scream and use profanity in the conversation with the principal.

16. The Respondent frequently failed to supervise her students in the mornings and following the lunch period. The

    school's principal discussed the matter with the Respondent on more than on occasion and documented the discussions with correspondence.

17. The Respondent's behavior towards supervisors and colleagues made them concerned about their personal safety, and some contacted law enforcement officials about their concerns.

18. Based on their concerns, school officials eventually relieved the Respondent of her duties and asked her to vacate the facility. After the Respondent was asked to leave the school, her classroom was discovered strewn with materials.

19. The inappropriate and unprofessional behavior of the Respondent towards supervisors and colleagues has severely reduced her effectiveness as a teacher.

    CONCLUSIONS OF LAW

    
    

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

21. The Petitioner has the burden of proving by clear and convincing evidence the allegations against the Respondent. Ferris v. Turlington, 510 So. 2d 292 (Fla. 1987). In this case, the burden has been met as addressed herein.

22. The Administrative Complaint alleged that the Respondent's conduct is a violation of Sections 1012.795(1)(c), (f), and (i), which in relevant part provide as follows:

    1. The Education Practices Commission may suspend the educator certificate of any person as defined in s. 1012.01(2) or (3) 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); may revoke the educator 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); may revoke permanently the educator certificate of any person; may suspend the educator certificate, upon order of the court, of any person found to have a delinquent child support obligation; or may impose any other penalty provided by law, provided it can be shown that the person:

       
       

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       (c) Has been guilty of gross immorality or an act involving moral turpitude.

       
       

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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.

       
       

23. The Administrative Complaint further alleges that the Respondent's conduct is a violation of Rule 6B-1.006(5)(d)

    and (o), Florida Administrative Code (the Principles of

    Professional Conduct for the Education Profession), which provides in relevant part as follows:

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

    
    

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    (d) Shall not engage in harassment or discriminatory conduct which unreasonably interferes with an individual's performance of professional or work responsibilities or with the orderly processes of education or which creates a hostile, intimidating, abusive, offensive, or oppressive environment; and, further, shall make reasonable effort to assure that each individual is protected from such harassment or discrimination.

    
    

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    (o) Shall seek no reprisal against any individual who has reported any allegation of a violation of the Florida School Code or State Board of Education Rules as defined in Section 231.28(1), Florida Statutes.

    
    

24. The evidence fails to clearly and convincingly establish that the Respondent is guilty of gross immorality or an act of moral turpitude. The Petitioner asserts that the Respondent committed an act of inherent baseness or depravity in private social relations or duties owed to man or to society, citing State ex rel. Tullidge v. Hollingsworth, 146 So. 660 (Fla. 1933). As further set forth in Tullidge, it has also been defined as anything done contrary to justice, honesty, principle, or good morals. In this case, the Respondent's

    behavior, though inappropriate and bizarre, fails to reach the level of gross immorality or moral turpitude.

25. The evidence clearly and convincingly establishes a violation of Section 1012.795(1)(f), in that the Respondent's personal conduct has seriously reduced her effectiveness as a teacher. Her treatment of colleagues and supervisors was inappropriate and resulted in an atmosphere of fear and distrust on the parts of persons required to work with the Respondent.

26. The evidence further clearly and convincingly establishes that the Respondent violated Section 1012.795(1)(i) and Rule 6B-1.006(5)(d), Florida Administrative Code, in that she engaged in a pattern of harassment of colleagues and supervisors sufficient to interfere with the performance of their professional duties. Such behaviors occurred both on school grounds during the workday and in the presence of students, and off school grounds during non-school hours. Some co-workers, concerned about personal safety, were intimidated to the point of contacting law enforcement personnel about the Respondent's behavior.

27. The evidence fails to establish that the Respondent engaged in reprisal against any person reporting an alleged violation of the Florida School Code or State Board of Education Rules, and accordingly there is no violation of Rule 6B- 1.006(5)(o), Florida Administrative Code.

28. The following recommendation is made with due consideration to the fact that at the time the behaviors set forth herein occurred, the Respondent was on two-years' probation pursuant to a previous Final Order of the Education Practices Commission.

RECOMMENDATION

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

RECOMMENDED that Jim Horne, as Commissioner of Education, enter a Final Order permanently revoking the teaching certificate of Freda N. Sherman-Stevens.

DONE AND ENTERED this 26th day of September, 2003, in Tallahassee, Leon County, Florida.

S

WILLIAM F. QUATTLEBAUM

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 26th day of September, 2003.

COPIES FURNISHED:

Kathleen M. Richards, Executive Director Education Practices Commission Department of Education

325 West Gaines Street, Room 224E Tallahassee, Florida 32399

Freda N. Sherman-Stevens

7154 North University Drive, Suite 88

Tamarac, Florida 33321

Bruce P. Taylor, Esquire Post Office Box 131

St. Petersburg, Florida 33731-0131

Daniel J. Woodring, General Counsel Department of Education

325 West Gaines Street 1244 Turlington Building

Tallahassee, Florida 32399-0400

Marian Lambeth, Program Specialist Bureau of Educator Standards Department of Education

325 West Gaines Street, Suite 224-E 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.

Docket for Case No: 03-001127PL

Orders for Case No: 03-001127PL