The Issue Whether Respondent violated section 1012.795(1)(d) or (1)(f), Florida Statutes (2019), and, if so, what penalty should be imposed.1 1 Unless otherwise noted, all references to the Florida Statutes herein are to the 2019 version, which was in effect when the actions alleged in the Administrative Complaint took place.
Findings Of Fact Petitioner is the chief educational officer of the state, who recommends members for appointment to the Education Practices Commission—the statewide commission with the authority to discipline Florida educators. See §§ 1001.10(1), 1012.79(1), and 1012.795(1), Fla. Stat. (2021). Respondent, Calvin Chin, holds State of Florida Educator’s Certificate 737639, covering the areas of Educational Leadership and Mathematics, which is valid through June 30, 2026. Respondent has served as an educator for 27 years, primarily with the Marion County School District (“District”). He was first employed by the District as a math teacher at Dunnellon High School (“Dunnellon”) in 1994, where he continued for 12 years. Respondent was promoted to dean of students at Dunnellon in 2002 and served in that capacity through 2012. During that time-frame, Respondent was also a part-time math instructor at a local community college. Respondent served as dean of students for College Park Elementary School from 2012 through 2016, when he returned to Dunnellon to continue teaching math for college readiness and dual enrollment math for students enrolled for college-level credit math instruction. Respondent also had a 19-year career with the U.S. Marine Corps. He originally enlisted in 1978 after graduating from high school, then joined the Marine Reserves while he pursued his college education. Respondent graduated from the University of Florida in 1983 and became a commissioned officer through the Reserve Officer Training Corps (“ROTC”) program in December of that year. Respondent served in the Marine Corps through 1994. In 1996, Respondent established the Young Marines at Dunnellon, a program similar to ROTC that teaches discipline and military structure to youth. Respondent is passionate about teaching and shaping the lives of young people. Respondent has never had any disciplinary action taken against his license or against him by either the District or any school at which he has taught. Relationship with Joanne Mandic Respondent and Joanne Mandic are not married, but have been in a relationship for 19 years. Respondent and Ms. Mandic have lived together as a couple for over 18 years. The couple has one child together, C.C., who lives with her parents. C.C. was 13 years old and home-schooled by Ms. Mandic at all times relevant hereto. Ms. Mandic has another child, Nyasha Mandic-Mandaza, from a prior relationship. Ms. Mandic-Mandaza was 22 years old at all times relevant hereto. She does not live with her mother and Respondent; however, on the date of the incident, Ms. Mandic-Mandaza was staying at their home. October 25, 2019, Incident On Friday, October 25, 2019, Respondent came home from Dunnellon and prepared himself an alcoholic drink. At some point during the evening, he asked Ms. Mandic what she was preparing for dinner and she responded that she was too tired to cook. Respondent became upset that Ms. Mandic was not preparing dinner. By this time, Respondent had consumed several alcoholic drinks, and he and Ms. Mandic got into a verbal altercation about dinner. During the verbal altercation, Respondent came out of his bedroom holding his handgun. He said to Ms. Mandic, “Don’t piss me off. I am a Marine and I know how to shoot,” or similar words. Respondent “racked” the gun, which made a distinctive sound audible to Ms. Mandic. Afterward, Respondent returned to his bedroom. Ms. Mandic is familiar with the gun and familiar with Respondent’s habit of storing the gun and ammunition separately. According to Ms. Mandic, the gun was unloaded when Respondent brought it out of the bedroom. Ms. Mandic testified that she knew the gun was unloaded and that she was not in fear of Respondent. Ms. Mandic testified that this incident was not indicative of her relationship with Respondent and that he has never been violent toward either her or the children. She further testified that there has been no similar incident since that date. C.C. was home in her bedroom and heard, but did not see, the altercation between her parents. No evidence was introduced regarding C.C.’s reaction to the incident or its effect on her. Ms. Mandic-Mandaza both heard and saw the altercation between Respondent and her mother. Ms. Mandic-Mandaza had come to the house after work and was preparing to leave for the evening, when she stepped into the hallway in response to the verbal altercation. She saw Respondent walking down the hallway with his handgun. Ms. Mandic-Mandaza was in fear as Respondent appeared to be approaching her in the hallway; however, Respondent passed by her and moved towards her mother, who was in the kitchen. Ms. Mandic-Mandaza retreated to a bedroom where she called the police to report the incident, then left the house shortly thereafter. Respondent’s Arrest In response to the 911 call, Marion County Deputy Sheriffs Joseph Diaz and Christopher White, as well as Sergeant Moore, were dispatched to the Chin home. Both Respondent and Ms. Mandic were interviewed by the officers. During his interview with the officers, Respondent was forthcoming about his actions. He demonstrated to the officers how he held and racked the gun, and repeated the statements he made as he held the gun. Ms. Mandic downplayed the incident when she was interviewed, describing Respondent’s actions as simply “showing us his handgun.” Deputy White also contacted Ms. Mandic-Mandaza via telephone and interviewed her, as well as meeting with her to take her statement. She was reticent to discuss the incident with Deputy White and expressed that she did not want to get Respondent in trouble. Respondent was arrested for Aggravated Assault with a Deadly Weapon Without the Intent to Kill and Possession of a Firearm During the Commission of a Felony, and was incarcerated from October 25 to November 2, 2019. On November 21, 2019, the State Attorney for the Fifth Judicial Circuit filed an “Announcement of No Information” on the allegation of Use of a Firearm During the Commission of a Felony and charged Respondent solely with Aggravated Assault with a Deadly Weapon (without Intent to Kill). On March 11, 2020, Respondent plead nolo contendere to the lesser charge of Improper Exhibition of a Firearm, which is a misdemeanor defined in section 790.10, Florida Statutes, and adjudication was withheld. Respondent received credit for eight days served, was placed on a year of probation, assessed court and prosecution costs of $350, and was required to submit to random alcohol screens at least two times per month during probation. Subsequent Events Following his incarceration, Respondent voluntarily participated in mental health counseling and alcohol evaluation. Respondent testified that he “talked about drinking” with the counselor. Respondent further testified that, since the incident, he has “not been drunk like that.” The District placed Respondent on administrative leave with pay through December 2020. Respondent was placed on administrative leave without pay in December 2020, but returned to teach at Dunnellon in March 2021 just before spring break. Following spring break, due to the COVID-19 pandemic, the school moved classes to an online format and Respondent continued teaching in that format throughout the remainder of the 2020-2021 school year. Respondent remains employed by the District and is currently teaching at Dunnellon. Neither Dunnellon nor the District imposed any disciplinary action against Respondent due to the incident and his subsequent arrest. Respondent testified that neither any student nor any fellow teacher has questioned him or made any remark about the incident or his arrest. Petitioner introduced no evidence of any press coverage or community concern regarding the incident. Character Witnesses Stephen Ayers is the director of student assignment and school choice for the District. Mr. Ayers has worked in various educational capacities with the District for 27 years, including as a math teacher, dean, assistant principal, principal, and coordinator for the District. Mr. Ayers met Respondent in 1994 when they were both pursuing their graduate degrees. Mr. Ayers later worked at Dunnellon as assistant principal, then principal, while Respondent served as dean of students. In those capacities, Mr. Ayers was Respondent’s supervisor at Dunnellon. Mr. Ayers described Respondent as “an exemplary dean” and “a mentor with … youngsters.” Mr. Ayers was aware of Respondent’s October 25, 2019 arrest and “the basis and reason for that arrest.” Mr. Ayers testified that he has no doubt Respondent can continue to perform his duties effectively and does not consider Respondent’s effectiveness in the community to be diminished by that arrest. Bobby James retired from the District in 2018 after serving the District for 47 years as a teacher, coach, principal, school board member, and school board chairman for three terms. Mr. James was the principal at Dunnellon in 1994 and hired Respondent as a math teacher. Mr. James remained principal for 12 years and moved Respondent into the dean of student’s position. Mr. James initiated the Young Marines program at Dunnellon and chose Respondent as the first instructor in the program. After leaving Dunnellon for a position with the school board, Dunnellon remained a school in which Mr. James, as a school board member, exercised oversight authority. Mr. James frequently visited Dunnellon and met Respondent and administrative leaders there. Mr. James described Respondent’s performance as an educator and leader of young people as “exceptional,” especially in working with youth who have difficult life challenges. Mr. James was familiar with Respondent’s arrest and “had heard” that a firearm was involved in the October 25, 2019 incident. He was not aware of the specific statements alleged to have been made by Respondent to Ms. Mandic. During cross-examination, Mr. James admitted that, if Respondent had said, “Don’t piss me off, I have a gun and I know how to use it,” that would not be appropriate conduct for an educator, or for that matter, “for any person.” However, Mr. James testified that, given his 25 years of experience with Respondent in service to the District, even knowing the specifics of the incident, he believes Respondent can remain an effective educator. Mr. James testified that Respondent’s character with students and District employees is proven, and indicated that, if he were in a position to do so, Mr. James would rehire Respondent. Ryan Malloy met Respondent through the Young Marines program in middle school when Respondent was the commanding officer of the program (for both high school and middle school). Mr. Malloy left the Young Marines program before high school but has maintained a mentoring relationship with Respondent through his recent graduation from the University of Florida. Respondent taught Mr. Malloy the game of golf and the two play golf regularly. Mr. Malloy testified that Respondent has served as a constant mentor in his life; that when he is really struggling with something, he talks to Respondent. He related that Respondent encourages him to consider both sides of a situation and avoid quick judgments. Mr. Malloy was generally familiar with Respondent’s arrest and the circumstances surrounding the arrest. Mr. Malloy testified that Respondent’s effectiveness as a mentor has not been diminished by the incident. He testified that Respondent has helped him acknowledge his own mistakes and learn from them. Mr. Malloy stated that Respondent taught Mr. Malloy that true character is built by taking ownership of one’s mistakes and using them for self-improvement. Mr. Malloy believes that is an important trait for all teachers to be effective role models. Linda Malloy, Mr. Malloy’s mother, retired from the District in May 2019, was a fellow teacher with Respondent at Dunnellon for 24 years, and second in command of the Young Marines with Respondent for 10 years. She described Respondent as strict, honest, and fair. She admired his ability to reach students through Young Marines and help them turn their lives around when they were headed “down the wrong path.” Ms. Malloy was familiar with Respondent’s arrest and the fact that a gun was involved in the October 25, 2019 incident. Ms. Malloy testified that Respondent can remain an effective educator because she “believe[s] in his core values.” She trusted him with her own child and still would to this day. Ms. Malloy has not heard anyone in the education community suggest that Respondent should not continue to teach. Sharon Lambert has taught at Dunnellon for 22 years and currently teaches business technology and serves as the teachers’ union representative. Respondent was in charge of the Young Marines when Ms. Lambert began teaching at Dunnellon. Her impressions of Respondent as an educator are that he cares about his students, wants to help them succeed, and “would do anything to help them learn what he’s supposed to teach.” Ms. Lambert was familiar with Respondent’s arrest. She testified that the incident has not had any negative affect on his ability to teach his students. To her knowledge, since Respondent returned to the classroom, there has been “no talk amongst the students or the teachers” concerning the incident or Respondent’s ability to teach. Respondent also introduced a letter from Jay Easom, who served as president of the Dunnellon School Advisory Council (“SAC”) from 2007-2010 and is familiar with Respondent in that capacity, as well personal conversations with him. The letter relates as follows: I am writing on behalf of “Captain Chin.” I am acquainted with him for more than ten (10) years. I’ve had the opportunity to know him in his capacity of leadership at our local high school as well as our personal conversations detailing his desire to be responsible to his family. He always plans well and stands firmly in his commitment to reach his personal goals for the benefit of his family. I can’t tell you how surprised I was when [Respondent] shared with me the events of October 25, 2019 that resulted in him being charged. I instantly detected his regret and disappointment. The idea of [Respondent] bringing harm to anyone escapes my consideration especially in the handling of a firearm. My children attended and graduated from [Dunnellon]. I know [Respondent] in this period during my participation as president of the [SAC] from 2007-10. I learned more about [Respondent] when as a part of our meetings, he introduced proud young men and women to share their outlook for the future that had joined Young Marines. He provided a path of personal development for them and I am sure that his peers will tell you that his hard work, dedication, and friends in the community supported the program because of his commitment. I expect that [Respondent] has a plan to be sure that there will never again be such an event in his life as this. I hope that you may have the opportunity to give him further consideration as his employer, students, peers, and friends have over a very difficult year and a half. Thank you. Respondent also introduced the following letter from Jeffery Daniel Ratliff: To whom it may concern, Captain Calvin Chin has been, and still is, one of my largest influences throughout my life. I still remember the very first time I met him, and that was over 20 years ago. It was my first day in a new school, an entirely new state, at [Dunnellon]. While waiting with my parents in the front office to get registered for classes, in walks this Marine wearing freshly starched cammies with flickering silver and gold on his uniform, and it was at that moment that I decided to become a Marine. Over my high school career Captain Chin shaped and guided me in a way that only a true leader can. When my temper or overzealousness got the best of me, he did not hesitate to punish me but always ensured that a lesson was learned. When I was unable to understand the mathematic teachings of Mr. Gaitanis’ overeducated ramblings, Captain Chin would break it down simply for me and insist that I already knew how to do it. And he was right! When I left for Marine Corps bootcamp, he gave me some last-minute advice, but insisted that I would do fine … as long as I didn’t ask too many questions. He was right about that too. When I got back from Iraq and needed another Marine to vent to about what I saw, he was there for me. He wasn’t judgmental at all. After the Young Marines program was removed from the high school, he chose to keep it active and open it up for all ages from 8 to eighteen. He even encouraged me to come volunteer after I had gotten out of the Marines. I did not have the patience or understanding to deal with such young children at the time, but Captain Chin did. Even though I have two loving parents who are still together, and love me very much, I still refer to Captain Chin as my Adopted Asian Dad. I have seen this man motivate, influence and inspire so many young minds over the years that I lose count. As Dean at the high school, the kids who he had to punish still respected him and find him years later to tell him that they are doing so much better now, because he showed them respect first. It is impossible to fit everything that Captain Chin has done to help me, influence me on one page. Just know that this is one of the most selfless human beings I have ever met, that has committed his entire life to serving and helping others, and will continue to do so until he is no longer physically able. Respondent also introduced his final evaluation from the District for the 2020-2021 school year on which he received the rating of “Effective” on all four instructional practice domains in which he was assessed. Respondent became emotional during his testimony at the final hearing. Petitioner introduced, and played for the undersigned, body-camera footage from the responding officers on October 25, 2019. Respondent was ashamed and remorseful of his behavior on the night of the incident. Respondent was dismayed by his own behavior and it obviously pained him to watch the video footage.
Conclusions For Petitioner: Ron Weaver, Esquire Post Office Box 770088 Ocala, Florida 34477-0088 For Respondent: Mark Herdman, Esquire Herdman & Sakellarides, P.A. 29605 U.S. Highway 19 North, Suite 110 Clearwater, Florida 33761-1526
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 that Respondent violated section 1012.795(1)(f), but, based on the Findings of Fact herein, including substantial factors in mitigation, take no action against Respondent’s certificate. DONE AND ENTERED this 29th day of September, 2021, in Tallahassee, Leon County, Florida. COPIES FURNISHED: S SUZANNE VAN WYK Administrative Law Judge 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 29th day of September, 2021. Lisa M. Forbess, Executive Director Education Practices Commission Department of Education Turlington Building, Suite 316 325 West Gaines Street Tallahassee, Florida 32399-0400 Ron Weaver, Esquire Post Office Box 770088 Ocala, Florida 34477-0088 Anastasios Kamoutsas, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 Mark Herdman, Esquire Herdman & Sakellarides, P.A. Suite 110 29605 U.S. Highway 19 North Clearwater, Florida 33761-1526 Randy Kosec, Jr., Chief Office of Professional Practices Services Department of Education Turlington Building, Suite 224-E 325 West Gaines Street Tallahassee, Florida 32399-0400
The Issue The ultimate issue to be resolved in this proceeding is whether the Petitioner's application for a Florida Teacher's Certificate should be granted or denied. The Respondent contends that Petitioner's Teacher's Certificate was permanently revoked in 1978, and that the Respondent has not presented evidence that would justify the reissuance of a Teacher's Certificate. Petitioner contends that permanent revocation was not originally justified, and that his past conduct does not justify his being permanently removed from the teaching profession.
Findings Of Fact Petitioner has submitted an application for a Florida Teacher's Certificate. His application was denied by the Department of Education, and he has appealed that denial to the Education Practices Commission. Petitioner is qualified by age and academic background for certification as a teacher. The Department of Education contends that his application for certification should be denied because he is not of good moral character and has committed acts which would authorize the revocation of his Teacher's Certificate. On or about September 21, 1971, Petitioner was adjudicated guilty by the County Court in Duval County, Florida, of contempt of court. He was fined fifty dollars. The contempt adjudication related to the Petitioner's failure to pay numerous parking fines. On or about July 2, 1973, the Petitioner was arrested and charged with carrying a concealed firearm, breach of the peace, and public intoxication. On September 5, 1973, Petitioner entered a plea to the offense of breach of the peace. The other charges were dismissed, and Petitioner was placed on unsupervised probation for a period of six months. On or about September 20, 1976, Petitioner was adjudicated guilty of the offense of driving while intoxicated and ordered to serve ten days in the Duval County Jail. On March 15, 1977, Petitioner was adjudicated guilty of the offense of driving with a revoked driver's license and fined the sum of one hundred dollars plus court costs. On December 6, 1977, Petitioner entered a plea of no contest to the offense of "consuming alcohol where sold on lot" and was placed on unsupervised probation for a period of one month. On August 24, 1973, Petitioner submitted an application for employment with the Duval County School System. The following question was set out on the application: "Have you ever been arrested for any offense other than minor traffic violations?" Petitioner responded that he had not been. This response was untrue. He had in fact been arrested and adjudicated guilty of contempt of court and, less than a month prior to submitting the application, had been arrested on other charges that were not minor traffic offenses. Petitioner's explanation for responding to this question in the negative was that he considered the contempt citation to be for minor traffic offenses and that he had not yet been adjudicated guilty with respect to the other arrest. The explanation is not worthy of being credited. Petitioner was employed with the Duval County School System based upon his application. On September 19, 1973, Petitioner submitted an application for a State of Florida Teacher's Certificate to the Department of Education. The following question was set out on the application: "Have you ever been arrested or involved in a criminal offense other than a minor traffic violation?" The Respondent answered "No." The answer was false. A teaching certificate was issued to the Petitioner based upon the application. While he was employed with the Duval County School System, the Petitioner falsified a request for leave. He submitted a leave request stating that his daughter was ill on September 20, 1976. In fact, Petitioner's daughter was not ill. He needed leave in order to appear in traffic court for sentencing for the criminal offense of driving while intoxicated. By Order entered July 19, 1978, the State Board of Education permanently revoked Petitioner's Florida Teacher's Certificate. The revocation was based upon Petitioner's criminal convictions, Petitioner's falsifying his employment application, Petitioner's falsifying his application for a Florida Teacher's Certificate, and Petitioner's falsified leave request form. On April 1, 1981, Petitioner entered a plea of guilty to the offense "unemployment compensation fraud" in the Circuit Court of Duval County, Florida. Adjudication of guilt and imposition of sentence were withheld, and Petitioner was placed on probation for a period of one year. Petitioner's personal conduct as set out above seriously reduces his effectiveness as a teacher. It does not appear that the Petitioner has in any way rehabilitated himself since his Teacher's Certificate was revoked in 1978. Indeed, he has since that time committed a crime involving moral turpitude.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, hereby,
The Issue The issues to be determined are whether the Florida educator’s certificate of Respondent, Carmen Komninos, is subject to discipline for violating section 1012.795(1)(j), Florida Statutes, and Florida Administrative Code Rule 6A- 10.081(2)(a)1, as alleged in the Administrative Complaint, and, if so, the appropriate penalty therefor.
Findings Of Fact Ms. Komninos holds Florida Educator’s Certificate No. 985529, which covers Elementary Education, English for Speakers of Other Languages (ESOL), and World Language – Spanish, and is valid through June 2021. Ms. Komninos began her 42-year career as an educator in New Jersey. She moved to Florida in 2006 and started working for the School District. She primarily taught Spanish at the School from 2007 until she retired in 2019. During the 2017-2018 school year, Ms. Komninos served as a Spanish teacher and taught B.T. and C.M., among other students. The Administrative Complaint focuses on two separate incidents in which Ms. Komninos allegedly grabbed B.T. and C.M. by their arms. Neither B.T. nor C.M. reported the alleged incidents to the School when they happened. Rather, they only disclosed them during the School’s investigation of complaints made by other students. That investigation began on March 22, 2018, when a teacher received the following two documents from an unidentified student: (1) a handwritten letter of unknown origin purportedly signed by several students complaining about Ms. Komninos1; and (2) a copy of a photograph posted to Snapchat. The photograph clearly depicts Ms. Komninos standing behind B.T. and holding onto his left arm with both of her hands. She does not appear to be exerting any force. B.T. is facing away from her and clearly smiling. The photograph contained the following two captions: how aggressive Hey Look! “Los novios” The use of the cry-laughing emoji multiple times seems to reflect that the students who posted the photograph found the incident humorous. But, the record contains neither evidence as to who took the photograph, posted it to Snapchat, or drafted the captions, nor evidence as to when that occurred. The teacher brought the documents to a guidance counselor who gave them to the assistant principal. The assistant principal brought them to the principal and Corporal Soto, the School’s youth relations deputy. The principal notified the School District and immediately removed Ms. Komninos from teaching duties pending the investigation. Mr. Ghelman, the School District’s coordinator for secondary schools and human resources at the time, directed the principal to obtain statements from the students. In his statement, B.T. acknowledged that he got out of his seat to sharpen his pencil after being told not to do so by Ms. Komninos and then refused to heed her directive to sit down. At that point, she grabbed his arm and tried to pull him back into his seat while his classmates yelled. 1 The record is silent as to the letter’s author, no student who signed it testified, and it focuses on allegations beyond the scope of the Administrative Complaint. Thus, the undersigned excluded the letter and has not relied on it in making any finding of fact. In her statement, C.M. indicated that she got up out of her seat to throw a piece of paper in the recycling bin and did so without permission because Ms. Komninos did not have a rule requiring them to ask first. C.M. stated that Ms. Komninos approached her at the recycling bin, grabbed her arm forcefully, and pushed her down to pick up the paper from the bin. C.M. said she picked up the paper and walked back to her desk. In their written statements, neither B.T. nor C.M. indicated when their respective incidents occurred or stated that they suffered (or could have suffered) any harm. Upon receipt of the statements, Mr. Ghelman met with Ms. Komninos. Contrary to C.M.’s statement, Ms. Komninos confirmed that she required the students to ask permission before getting up from their seats. She also said that she never placed her hands on a student. When shown the photograph, she ultimately agreed that it depicted her and B.T., but she did not recall the incident. She noted that she met with B.T.’s parents earlier that year to address B.T.’s struggles in her class. As to C.M., Ms. Komninos recalled the incident, but said that she never pushed C.M. and only told her to sit down when she got up without permission. Around the same time, Corporal Soto interviewed B.T. B.T. conceded that he wrongly got up without permission and refused to sit after being told to do so. B.T. said that, at that point, Ms. Komninos grabbed his arm to prevent him from continuing to walk towards the pencil sharpener and he went back to his seat. B.T. confirmed he suffered no injuries. Corporal Soto contacted B.T.’s father, who did not know about the incident. After viewing the photograph and speaking to his son, he informed Corporal Soto that they did not want to press charges. However, he remained concerned because he had met with Ms. Komninos and the guidance counselor before the incident to address concerns with her teaching style. In early April 2018, the principal met with B.T., his father, and Ms. Komninos. B.T.’s father wanted to ensure that Ms. Komninos would not treat his son differently if she returned to the class. She apologized for the incident and promised to help B.T. with the class. The principal believed that B.T.’s parents accepted the apology and welcomed her assistance. On April 18, 2018, after concluding its investigation, the School District suspended Ms. Komninos for one day without pay. She accepted the discipline and returned to the classroom. B.T.’s father confirmed that she treated B.T. fairly and that he passed her class. Notwithstanding the discipline already imposed, the Commissioner conducted its own investigation and obtained additional written statements from the students in November 2018. In B.T.’s statement, he indicated that he stood up to sharpen his pencil during a test, after Ms. Komninos told him he could not do so, and she then grabbed his arm and pulled to get him back to his seat. This statement largely mirrored the one he gave in March 2018. In C.M.’s statement, she indicated that Ms. Komninos forcefully grabbed her arm when she got up to throw away trash, pulled her, and told her to return to her seat. C.M. did not believe she needed permission since they were doing independent study. She was upset that Ms. Komninos grabbed her, instead of asking her to sit down. This statement conflicted with the one she gave in March 2018, in which she never accused Ms. Komninos of pulling her. Much like their first statements, neither B.T. nor C.M. indicated when their respective incidents occurred or stated that they suffered (or could have suffered) any harm. Several other students also submitted statements, though none of them testified at the hearing. A.A. indicated that B.T. got out of his seat after the bell rang, at which point Ms. Komninos grabbed B.T.’s arm and would not allow him to leave until he handed in his work. M.C. indicated that Ms. Komninos grabbed B.T.’s arm and pulled him over to her desk. C.R. indicated that Ms. Komninos grabbed C.M.’s wrist and pulled her to the front of the room, yelling that she would not give C.M. respect without it being returned. Most of these accounts conflicted with the details described in the statements of B.T. and C.M. In the meantime, Ms. Komninos continued teaching at the School until her retirement in July 2019. Upon her retirement, the School District issued a “Resolution in Recognition of Outstanding Service Leading to Retirement” to recognize her excellent service, contributions to the School District, and devotion to the school system. The resolution recognized that Ms. Komninos served the School District in a meritorious, faithful, and outstanding manner. The honor bestowed on her is not surprising. The principal who evaluated Ms. Komninos’s performance for many years, including at the time of the alleged incidents, believed she was a strong educator, a hard worker, and a rule follower based on his observations of her in the classroom. According to him, she clearly communicated her rules to the students, had a great rapport with them, and maintained control over the classroom. After Ms. Komninos already had been disciplined by the School, received an award from the School District for her years of dedicated service, and retired from teaching, the Commissioner issued its Administrative Complaint seeking to discipline her educator’s certificate as a result of the two incidents. Specifically, the Commissioner alleged that she violated the Principle of Professional Conduct requiring her to make reasonable efforts to protect the students from conditions harmful to their learning, mental and physical health, and/or safety. In its PRO, the Commissioner seeks to issue a letter of reprimand, place Ms. Komninos on probation for two years, and levy a $750 fine against her. Only three witnesses who were in the classroom when the incidents allegedly occurred testified at the hearing—B.T., C.M., and Ms. Komninos. Ms. Komninos generally explained that she required students to raise their hands before getting out of their seat for any reason. They knew the rules because she wrote them on the bulletin board and repeated them verbally. However, some of the students pushed the envelope. As to the incident concerning B.T., Ms. Komninos credibly testified that she did not recall the incident even after seeing the photograph, which she agreed depicted her holding onto B.T.’s arm. She said the same thing to both the principal and Mr. Ghelman during the investigation. She credibly explained that the photograph must have been taken in the Fall of 2017 based on the items posted on the cabinet doors in the background. She agreed that she met with the principal and B.T.’s father after the investigation began, reassured them that she would harbor no ill will towards B.T., and offered to help him better his grade. The undersigned credits Ms. Komninos’s testimony and found her to be forthcoming and truthful. B.T. testified that he thought the incident occurred within a month or two before the March 2018 investigation. He explained that Ms. Komninos would not allow him to sharpen his pencil during a test, so he violated her rules and got up without permission. Instead of walking to the back of the room to the sharpener, he started walking to the front. Ms. Komninos then grabbed his arm to stop him from walking. She held onto his arm for a matter of seconds and let go. He initially confirmed that she never pulled him back into his seat, contrary to his prior written statements, but later waivered and agreed that his memory was better back then. B.T. confirmed that he suffered no injuries in the incident and felt embarrassed more than anything else. That is why he smiled. He definitively testified that he never felt there was even a chance of Ms. Komninos harming him, though he waivered when counsel for the Commissioner later asked whether he could have been harmed had he continued to walk forward. Based on the weight of the credible evidence, the undersigned finds that Ms. Komninos held onto B.T.’s arm for a few seconds to stop him from further violating the rules by walking around during a test, but she did not pull him back into his seat. B.T. suffered no harm and the credible evidence established that Ms. Komninos never acted in a manner that could be seen as failing to make reasonable efforts to protect B.T. from conditions harmful to learning, mental and physical health, and/or safety. As to the incident concerning C.M., Ms. Komninos credibly explained that it occurred in March 2018. Ms. Komninos testified that C.M. got out of her seat without permission and, when Mr. Komninos instructed her to sit down, she further defied her order by continuing to walk to the recycling bin. Ms. Komninos walked to the recycling bin, instructed C.M. to remove the paper, and followed her back to her seat to ensure that she did not walk around the room and disturb the other students. Ms. Komninos credibly confirmed that she never touched C.M., pushed her down towards the recycling bin, or pushed her into her seat. She stayed at least a foot away from C.M. the entire time. C.M. testified that Ms. Komninos pushed her down towards the recycling bin, grabbed her arm for a brief period of time, and pulled her back to her seat. However, C.M.’s testimony conflicted with her prior written statements. In the first statement, she indicated that Ms. Komninos forcefully grabbed her arm and pushed her down to pick up the paper from the bin. In the second statement, she accused Ms. Komninos of forcefully grabbing her arm, pulling her, and telling her to sit down. When confronted with these inconsistencies, C.M. said the first statement—that omitted any reference to pulling her—more accurately reflected the incident. She also could not recall on what day the incident occurred. Nevertheless, C.M. confirmed that she suffered no harm and only got upset because Ms. Komninos could have asked her nicely to sit down. Based on the weight of the credible evidence, the undersigned finds that Ms. Komninos did not forcefully grab C.M.’s arm, push her down towards the recycling bin, or pull her back to her seat. C.M. suffered no harm and the credible evidence established that Ms. Komninos never acted in a manner that could be seen as failing to make reasonable efforts to protect C.M. from conditions harmful to learning or to her mental and physical health, and/or safety.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission, issue a final order dismissing the Administrative Complaint against the Respondent, Carmen Komninos. DONE AND ENTERED this 26th day of March, 2020, in Tallahassee, Leon County, Florida. S ANDREW D. MANKO Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 26th day of March, 2020. COPIES FURNISHED: Robert J. Coleman, Esquire Coleman and Coleman Post Office Box 2089 Fort Myers, Florida 33902-2089 (eServed) Ron Weaver, Esquire Post Office Box 770088 Ocala, Florida 34477-0088 (eServed) Gretchen Kelley Brantley, Executive Director Education Practices Commission Department of Education Turlington Building, Suite 316 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed) Matthew Mears. General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed) Randy Kosec, Jr., Chief Office of Professional Practices Services Department of Education Turlington Building, Suite 224-E 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed)
Findings Of Fact Based upon the evidence submitted, the following facts are determined: On August 29, 1979, John A. Hall filed with the DEPARTMENT an application for a Florida teaching certificate. Official records indicate that HALL was convicted and found guilty of assault to commit murder in the second degree on November 19, 1970. He was sentenced to 13 1/2 years in the State Prison, and released on a two-year parole in 1977. (R.E. 1.) On January 4, 1980, HALL was employed as a substitute teacher at Beasley Middle School in Palatka, Florida. The only qualifications for being employed as a substitute teacher in Putnam County are that the individual be of age and hold a high school diploma. At his request, HALL's name had been placed on the Beasley Middle School list of available substitutes although it does not appear that anyone at the school was acquainted with him. (Testimony of Meredith Barker.) On January 4, 1980, Harry Willis was a 13-year-old student in the seventh grade math class where HALL was assigned as a substitute teacher. HALL saw him in the back of the room, told him to go to his seat, and pushed him into his chair. When the bell rang, Harry got up and tried to go out the door. HALL told him he wasn't going anywhere, pushed him back, and struck him in the jaw with his fist. Harry pleaded with him to let him go and, finally, pushed him out of the way as he rushed to the principal's office. It took several hours for Harry, with the support of the principal and assistant principal, to regain his composure; he was visibly shaken by the incident. He had never been a disciplinary problem at the school. (Testimony of Ivey, Barker, Lamoreaux). HALL was directed to report to the office of the school principal, Meredith Barker. There, he admitted striking Harry, but defended it was necessary to "uphold discipline." He said he wanted to apologize to Harry and return to his class. Ms. Barker, however, dismissed HALL, telling him to gather his belongings and leave the school grounds. HALL's effectiveness as a teacher at Beasley Middle School has been seriously reduced due to the notoriety of the incident and the expressed desire by parents that he not be allowed to teach there again. (Testimony of Barker.) Immediately prior to the opening of hearing, HALL informed counsel for the DEPARTMENT that the hearing could be cancelled since he was withdrawing his application for a teaching certificate; HALL then abruptly left the hearing room. However, since HALL's statement was not made in writing or on the record, Respondent asserted that the application remained in effect and requested that the hearing be conducted, as scheduled.
Conclusions Petitioner failed to establish entitlement to the requested teaching certificate; moreover, the Respondent Department established two grounds for denial of Petitioner's application: (1) his conviction of a felony, and (2) his having engaged in personal conduct which seriously reduces his effectiveness as an employee of the school board. Petitioner's application for a teaching certificate should, therefore, be DENIED.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That John A. Hall's application for a Florida teaching certificate be DENIED. DONE AND ORDERED this 20th day of November, 1980, in Tallahassee, Florida. R. L. CALEEN, JR. Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 20th day of November, 1980.
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found: Petitioner Lawrence A. Longenecker formerly held a Florida teaching certificate, and was employed as a science teacher at Madeira Beach Middle School in Pinellas County until January of 1978. In January of 1978, administrative charges were brought against the petitioner by the Professional Practices Council (the predecessor to the Education Practices Commission) for the revocation of his teaching certificate. After a hearing before a Hearing Officer with the Division of Administrative Hearings, it was found that petitioner had made sexual advances toward three female students on four separate occasions during 1977 and that petitioner was thus guilty of personal conduct which seriously reduced his effectiveness as a school board employee. The Hearing Officer recommended, by order dated November 25, 1980, that petitioner's teaching certificate be permanently revoked. Professional Practices Council v. Lawrence Longenecker, DOAH Case No. 80-1276 (November 25, 1980). By Final Order filed on February 2, 1981, the Education Practices Commission adopted the Hearing Officer's Recommended Order and permanently revoked petitioner's teaching certificate. Professional Practices Council v. Lawrence A. Longenecker, Case NO. 80-005-RT (February 2, 1981). No appeal was taken from this Final Order. In approximately March of 1983, petitioner filed an application for a Florida Teaching Certificate, which application was denied by the Department of Education. Its "Notice of Reasons" for denial, filed on June 30, 1983, recited the events which formed the bases for the prior permanent revocation of petitioner's teaching certificate, and concluded that petitioner had failed to demonstrate that he is of good moral character, as required by Section 231.17(1)(e), Florida Statutes, and that petitioner had committed acts for which the Education Practices Commission would be authorized to revoke a teacher's certificate. Petitioner was 28 and 29 years of age during the time of the acts which formed the basis for the prior certificate revocation. He is now 34 years old. Since 1978, he has obtained a Master's degree in personnel administration from the University of South Florida and has been employed in the area of retail management. He fees that he is now more mature and more wise and would like to return to his chosen profession of teaching school. During the pendency of the instant proceeding, petitioner visited Dr. Alfred Fireman for psychiatric counseling and evaluation on three occasions. It was Dr. Fireman's opinion that petitioner is psychologically fit to reenter the teaching profession provided that his behavior is monitored. He concluded that petitioner "was a suitable candidate for a probationary restoration of privileges." The Education Practices Commission has never reinstated a former certificate or issued a new teaching certificate to an individual whose certificate had been previously permanently revoked.
Recommendation Based upon the findings of fact and conclusions of law recited herein, it is RECOMMENDED that the Education Practices Commission enter a Final Order denying petitioner's application for a Florida teaching certificate. DONE AND ENTERED this 9th day of March, 1984. DIANE D. TREMOR Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 9th day of March 1984. COPIES FURNISHED: Lawrence D. Black, Esquire 152 Eighth Avenue SW Largo, Florida 33540 J. David Holder, Esquire Berg & Holder 128 Salem Court Post Office Box 1694 Tallahassee, Florida 32301 Donald L. Greisheimer Executive Director Education Practices Commission Room 125, Knott Building Tallahassee, Florida 32301
Findings Of Fact The Petition herein was filed by Petitioner with PERC on December 30, 1974. (Hearing Officer's Exhibit 1). The hearing in this cause was scheduled by notice dated April 18, 1975. (Hearing Officer's Exhibits 2, 3). 3, The Suwannee County School Board is a Public Employer within the meaning of Florida Statutes, Section 447.002(2). (Stipulation TR 4). The United Teachers of Suwannee is an organization which is seeking to represent employees of the Public Employer concerning working conditions, including wages, hours, and terms of employment. The United Teachers of Suwannee was formed through a merger of two organizations, one of which had previously entered into a collective bargaining agreement with the Public Employer prior to the adoption of the Public Employees Relations Act. There is no contractual bar to the holding of an election in this case. (Stipulation TR 7, 8). There is no bargaining history under the Public Employees Relations Act which affects this matter. (Stipulation TR 8). Requests for recognition as the exclusive representative of persons in the unit described in the Petition, and the Public Employer's response to the requests are set out in correspondence which has been received in evidence as Joint Exhibits 1, 2, 3, and 4. Petitioner clearly requested recognition. The Public Employer did not comply with requests for meetings as promptly as requested by Petitioner; however, the request for recognition was not explicitly denied. PERC has previously determined that the Petitioner is a duly registered employee organization. (Hearing Officer's Exhibit 5). The Public Employer contends that Petitioner is not duly registered. The PERC registration file, PERC No. 8H-OR-744-1034, was received in evidence. The Public Employer sought to present the testimony of certain PERC officials with respect to its contention; however, Petitions to Enforce Subpoenas of these individuals were denied. 9, PERC has previously determined that the Petitioner filed the requisite Showing of Interest with it's Petition. (Hearing Officer's Exhibit 4). The Public Employer sought to offer evidence that the requisite Showing of Interest had not been presented to PERC; however, no direct evidence in support of the Public Employer's position was presented. The parties agreed that the unit designation set forth in the Petition is appropriate, except that the Public Employer would exclude guidance counselors, occupational specialists, and the school psychologist from the unit. Petitioner would include these persons within the unit. The Public Employer employs five guidance counselors. One guidance counselor is employed at Branford High School, one at the Vocational/Technical School, one at the Suwannee Middle School, and two at Suwannee High School. Guidance counselors are charged generally with responsibility for counseling students and assisting them in understanding the school and it's environment, in understanding themselves in relation to others, in understanding their progress in relation to their abilities and limitations, and in understanding themselves in relation to education and vocational goals. Guidance counselors assemble and interpret information about students, encourage and participate in case conferences with parents and/or teachers, participate in school standardized testing programs, and distribute occupational and vocational material to pupils. In addition to these functions, which are generally associated with the position of guidance counselor, guidance counselors employed by the Public Employer perform additional functions which are probably unique to Suwannee County. Indeed, the functions performed by guidance counselors within Suwannee County vary from school to school and from counselor to counselor. The broad range of duties performed by a guidance counselor in Suwannee County will depend to a great extent upon the personality of the individual counselor and his or her relationship with the school principal. All guidance counselors within the Suwannee County School system have Masters Degrees. It is necessary for a guidance counselor to have a casters Degree in order to be certified as a guidance counselor. Although a good number of teachers within the school system have Masters Degrees, this is not a requirement. Guidance counselors are certified in a different category than are teachers. Guidance counselors have the same base pay as teachers. A beginning guidance counselor would receive the same pay as a beginning teacher with a Masters Degree. Guidance counselors have the same contract as instructional personnel. No guidance counselors employed by the Public Employer perform instructional duties. Guidance counselors receive mail at the schools in the same manner as instructional personnel, share the teachers' lounge, and eat lunch in the school cafeteria with instructional personnel. All guidance counselors have offices. Many teachers also have offices, but all teachers do not have offices. Teachers are scheduled for five instructional work periods per day and one planning period. Guidance counselors work six periods per day without any planning period. Teachers are generally hired on a ten-month contract basis, while guidance counselors are hired on a twelve-month basis. Students frequently relate complaints with respect to their teachers to guidance counselors. The guidance counselors who testified at the hearing each handled these complaints in a different manner. Among the actions that a guidance counselor might take upon hearing a number of complaints about a teacher are to counsel with the teacher, or to inform the principal. Guidance counselors are responsible for assigning new students to classes. In making these assignments guidance counselors will consider class sizes and the personality of the teacher and the student. Guidance counselors can make an assignment despite objections of a teacher. Guidance counselors periodically meet as a group without any teachers present. These meetings might be called guidance counselor meetings, communications meetings, or policy meetings. Guidance counselors occasionally attend meetings with the superintendent and his staff and principals. Policy matters which affect the entire school system are discussed at these meetings, and decisions are made based upon these discussions. A new diploma policy was recently adopted within the school system as a result of such meetings. Guidance counselors do not have the power to hire, fire, suspend or discipline teachers or other instructional personnel. Henry Clay Hooter is the guidance counselor at the Vocational/Technical School. In addition to the duties discussed above, Mr. Hooter serves as the school's Assistant Principal. He has served as Acting Principal on several occasions. On one occasion while serving as Assistant Principal, Mr. Hooter was placed in the position of preparing the Principal's School Budget. In the absence of the principal Mr. Hooter has been called upon to sign leaves of absence for teachers. In the absence of the Principal Mr. Hooter is generally responsible for maintaining order at his school. Because he serves as Assistant Principal, Mr. Hooter has more contact with the Principal than teachers have. Lonnie Bob Hurst is one of the guidance counselors at Suwannee High School. In addition to the general duties and responsibilities set outs above, Ms. Hurst participates in preparing the master school schedule. A teacher's entire workday is set out in the master school schedule. Decisions made in preparing this schedule will determine whether a teacher will have advanced, medium, or slow courses, when the courses will be taught, when the teacher will have a free period, and when the teacher will take lunch. The master school schedule is ultimately adopted by the Principal. Both the Principal and the Assistant Principal work on the schedule along with Ms. Hurst. Ms. Hurst makes recommendations respecting courses that should be offered at Suwannee High School. Her recommendations are generally followed. The Principal at Suwannee High School frequently meets with the school's two guidance counselors and the Assistant Principal to discuss scheduling, and other policy matters. Guidance counselors at Suwannee High School play an active role in determining which courses will be offered, and which teachers will teach the courses. Oscar Munch is the guidance counselor at Branford High School. Mr. Munch acts as Assistant Principal in the absence of the Assistant Principal. Mr. Munch was previously charged with the responsibility for drafting the master schedule, but the Assistant Principal now performs this function. Ms. Virginia Alford is the guidance counselor at Suwannee Middle School. The Principal at Suwannee Middle School, Mr. John Cade, relies upon Ms. Alford to perform numerous functions beyond those generally associated with the position of guidance counselor, and the duties and responsibilities discussed generally above. Mr. Cade has delegated the responsibility for developing the master school schedule to Ms. Alford. Mr. Cade has ultimate responsibility for approving the schedule, but he generally follows the recommendations of Ms. Alford. The guidance counselor at Suwannee Middle School is responsible for assigning students to teachers. In making these assignments the guidance counselor is expected to evaluate the student and the teacher. Mr. Cade relies upon Ms. Alford in preparing his evaluations of teachers. Ms. Alford does not fill out any formal evaluation form; however, Ms. Alford's observations respecting student complaints and the teacher's utilization of student files are solicited by Mr. Cade, and are used by him in rendering evaluations of teachers. Teachers make suggestions to Mr. Cade respecting the budget. Ms. Alford actually assists Mr. Cade in preparing the budget. She attends budget meetings with him, and is expected to give advice to Mr. Cade respecting overall school needs. Mr. Cade meets very frequently, approximately two times per week with his Assistant Principal and his guidance counselor. The guidance counselor's name is on the school stationery. Mr. Cade frequently takes his guidance counselor to meetings with the Superintendent and the Superintendent's staff. Limited negotiations were conducted between the Public Employer and a labor organization which ultimately merged with the Petitioner in this case. Guidance counselors, occupational specialists, and school psychologists did not participate in these negotiations on behalf of the school board. It is now the apparent intent of the Public Employer to place such staff members as guidance counselors, occupational specialists and school psychologists on the collective bargaining negotiating team on a rotating basis. The purpose this placement would be to have the persons who will ultimately have responsibility for administering an agreement participate in the negotiations. There are two occupational specialists employed by the Public Employer. The occupational specialists are not assigned to a particular school. Occupational specialists are charged generally with placing students who are leaving the school system in positions in business and industry. The occupational specialists follow up on students after graduation. The occupational specialists answer directly to the Director of Vocational Education. They prepare their own plan of operation and have a separate budget. Occupational specialists made specific recommendations to the Superintendent regarding items in their budgets. Occupational specialists perform no instructional duties. There is no requirement that an occupational specialist have a college degree. The school psychologist is a member of the Superintendent's staff. The school psychologist answers directly to the Superintendent. He has primary responsibility for the testing and placement of students within the school district. The school psychologist plays a major role in placement of students within the school system. He has a separate office and his own secretary. The school psychologist holds a "specialist degree", which is a level above a Masters Degree. The school psychologist plays a role in formulating school policy respecting special education programs. The school psychologist has virtually total discretion in administering budgetary funds which are allocated to him. ENTERED this 25 day of November, 1975 in Tallahassee, Florida. G. STEVEN PFEIFFER Hearing Officer Division of Administrative Hearings Room 530 Carlton Building Tallahassee, Florida
