The Issue Whether Respondent's Professional Service Contract should be terminated for just cause based on actions constituting misconduct in office within the meaning of Section 1012.33, Florida Statutes (2004),1 and Florida Administrative Code Rule 6B-4.009.
Findings Of Fact The Board is the entity authorized to operate, control, and supervise the Charlotte County Public School System. Art. IX, §4, Fla. Const. and §1001.30, Fla. Stat. Mr. LaGrange began his employment with the Board in 1991. In January 2005, Mr. LaGrange began teaching a new Health Careers and Occupations class at Port Charlotte High School. The class was a vocational educational course for low- functioning students and consisted of about 20 ninth-grade students. A.V., N.M., T.B., S.B., N.H., and B.H. were students in this class. Sometime in either March or April 2005, Mr. LaGrange made an inappropriate remark about A.V.'s appearance. The incident happened near the end of the class, while A.V. was drawing on the board with her back to the students. Mr. LaGrange stated: "Look at A.V.'s cute little ass" or words to that effect. This remark greatly embarrassed A.V. As A.V. was leaving Mr. LaGrange's classroom on the day of the incident, she yelled to Mr. LaGrange that it was a disgusting and perverted comment for him to make in front of the entire class. Other students, including N.M., N.H., T.B., and B.H., heard Mr. LaGrange make the sexually inappropriate remark about A.V. Although each student's recollection of the incident may vary concerning the exact words that Mr. LaGrange used, the students all agreed that Mr. LaGrange made an inappropriate remark about A.V.'s backside in front of the class. Mr. LaGrange also made some inappropriate remarks to N.M. He told her that "If I have a wet dream about you, I won't tell you" or words to that effect. Mr. LaGrange's comments made N.M. feel uncomfortable and caused her to view Mr. LaGrange as "weird." T.B. also heard Mr. LaGrange make comments in class concerning wet dreams. A.M., a female student, would sometimes come into Mr. LaGrange's classroom, kneel beside the desk of S.B., a male student, and watch S.B. draw. S.B. heard Mr. LaGrange comment to A.M. to the effect that she liked to be on her knees for guys a lot. S.B. also heard Mr. LaGrange tell N.M. that "for somebody who is a schoolgirl, you know a lot about sex." S.B. felt that the remarks were perverted. On April 28, 2005, Mr. LaGrange referred A.V. and N.M. to a school dean, Matthew Wheldon, for excessive gum chewing. Gum chewing is a minor infraction and is normally allowed in classrooms other than Mr. LaGrange's class. Mr. Wheldon asked the girls how things were going in Mr. LaGrange's class, and they confided in him about the inappropriate remarks that Mr. LaGrange had been making in the classroom. Mr. Wheldon referred the matter to the assistant principal, and an investigation ensued, resulting in Mr. LaGrange being suspended. After reviewing the investigation report and being made aware of two other times that Mr. LaGrange had been disciplined, the Superintendent of Schools for the School Board of Charlotte County recommended to the Board that Mr. LaGrange be dismissed from his teaching position.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that the actions of Leonard LaGrange constitute just cause to dismiss him from his employment with the Charlotte County School Board, and terminating his Professional Services Contract. DONE AND ENTERED this 18th day of April, 2006, in Tallahassee, Leon County, Florida. S SUSAN B. HARRELL 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 18th day of April, 2006.
The Issue As to Case 12-2570TTS, whether the Broward County School Board (School Board) has good cause to suspend the employment of Sarena Stewart (Respondent), a classroom teacher, for three days as alleged in the Administrative Complaint filed by the School Board on July 30, 2012. As to Case 12-4137TTS, whether the School Board has good cause to terminate Respondent's employment, as alleged in the Administrative Complaint filed by the School Board on December 21, 2012.
Findings Of Fact At all times material hereto, the School Board has been the constitutional entity authorized to operate, control, and supervise the public schools in Broward County, Florida. New River is a public school in Broward County, Florida. During the 2011-2012 school year, Respondent was employed as a math teacher at New River pursuant to a professional service contract. Prior to the 2011-2012 school year, Respondent was assigned to teach math at McArthur High School (McArthur). Respondent has been employed by the School Board since 2006. Respondent received satisfactory performance evaluations for each school year of her employment prior to the 2011-2012 school year. During the 2011-2012 school year, Melinda Wessinger was the principal of New River, and Taina Sierra was an assistant principal. Ms. Sierra's administrative responsibilities included oversight of the math department. The 2011-2012 school year was Ms. Wessinger's first year at New River. Ms. Sierra has been at New River for six school years. CASE 12-2570TTS For the 2011-2012 school year, August 22, 2011, was the first day of school for students. Teachers were required to report to work on August 15, 2011, for a week of preplanning. During the preplanning week, teachers attended faculty meetings and readied their classrooms for the coming school year. On August 15, 2011, the work hours for the preplanning week and for the upcoming school year were discussed at a faculty meeting. Also discussed was the sign-in and sign-out requirements for the preplanning week. Teachers were required to sign-in when they arrived at school and sign-out when they left the facility for any reason. On August 16, 2011, Respondent asked for and received permission from Ms. Sierra to leave New River so she could go to McArthur to retrieve certain materials she had left at her former school. Respondent did not follow the sign-out procedure when she left New River. On either August 16 or 17, 2011, Respondent again asked for, and received, permission from Ms. Sierra to leave New River so she could go to McArthur to retrieve other materials. Respondent did not follow the sign-out procedure when she left New River. One day during the preplanning week, Respondent was tardy arriving to school. On August 19, 2011, the last day of preplanning, Ms. Sierra had a conference with Respondent during which Ms. Sierra told Respondent to adhere to the sign-in and sign-out procedures and to arrive at work on time. Ms. Sierra did not consider that conference to be disciplinary. After this conference, Respondent knew, or should have known, New River's leave policies and its sign-out policy. Respondent had ready access to the faculty handbook through a link on the CAB (Communication Across Broward) system. When school started on August 22, 2011, teachers did not have to sign-in when they arrived at school. However, they were required to sign-out if they left school early. The New River faculty handbook contained the following as to signing out before the end of the school day: All personnel must get permission from the grade level assistant principal before leaving campus for any reason. This includes school related in-service, county meetings, school visits, etc. To leave campus for any personal reason, permission must be obtained from an assistant principal in advance. An emergency sign in/out sheet will be available at Office Manager's desk. If you are leaving during the day for personal reasons/doctor's appointments, it is your responsibility to obtain coverage for your classes. Please notify your administrator in the front office, via CBA, the teacher(s) who will cover your classes. The time you take off will be deducted from your accumulated personal sick or personal leave time. On September 16, 2011, Ms. Sierra met with Respondent to discuss complaints from parents and students. Ms. Sierra directed Respondent to cease and desist any inappropriate behavior toward students as a violation of the code of ethics and that she was to treat students with respect at all times. On October 28, 2011, Ms. Sierra had a pre-disciplinary conference with Respondent based on Respondent's continued failure to follow directives, including directives to comply with all processes and procedures regarding class coverage, absences, and embarrassing and/or disparaging students. As a result of that meeting, Ms. Sierra recommended that Respondent be suspended for one day without pay. That recommendation was approved by the School Board on December 6, 2011. Respondent served that one-day suspension without requesting a formal administrative hearing to challenge that action. Article 23 of the CBA pertains to “Leaves,” including sick leave and personal leave. Section A.2 of Article 23 provides that employees shall be granted up to six days each school year for personal reasons. That provision also provides that personal reasons leave shall not be granted on the day preceding or following a holiday. On November 30, 2011, Respondent put in for personal leave beginning on December 14 through 16, 2011. These dates immediately preceded a school holiday (school winter break was December 19 through 30). Ms. Sierra and Ms. Wessinger explained the CBA provision to Respondent and told her that she could not have personal leave. Respondent then explained that she was having a medical procedure performed.1/ They told her to change her leave from personal leave to medical leave. Ms. Sierra and Ms. Wessinger also told her that they needed a doctor's note excusing the absence. There was no particular form required for the doctor's note. On January 3, 2012, Ms. Sierra sent a follow-up email to Respondent informing her that she had not changed the leave request from personal leave to sick leave as she had been directed. Respondent responded that she had changed the leave request and stated that the change could be verified through the School Board's “smartfind” computer program. Respondent's representation to Ms. Sierra was false. Respondent had not changed her leave request.2/ In addition to her planned absences from December 14 through 16, 2011, Respondent called in sick on December 12 and 13, 2011.3/ On these two days, Respondent called into the smartfind system at 8:00 a.m. and 8:21 a.m., respectively. Despite having been repeatedly told to comply with policies and procedures relating to absences, these calls were not in compliance with New River's faculty handbook. A teacher who called in sick after 6:00 a.m. was required to call the substitute coordinator's (Nicole Armstrong) direct line, which gives a caller her voicemail should the coordinator not be at the school or at her desk. Respondent's failure to comply with the call-in procedure resulted in Ms. Armstrong’s having to scramble with very little time to find coverage for Respondent's classes on December 12 and 13, 2011. Teachers at New River are required to leave emergency lesson plans with Ms. Armstrong in case of unplanned absences. Respondent had provided emergency plans earlier in the year, but as of December 12 and 13, 2011, those emergency plans had been used and not replaced. Consequently, there were no emergency plans for December 12 and 13. Moreover, Respondent did not comply with the procedures for leaving lesson plans for planned absences for her absences on December 14 through 16. Prior to January 5, 2012, Respondent had brought in two notes addressing her need to be absent December 12-16, 2011, for medical reasons. Both notes were vague. On January 5, Ms. Wessinger and Ms. Sierrra met with Respondent to discuss with her the need for a clear doctor's note. During this meeting, they repeated that Respondent was to follow all policies, procedures, and directives given by the New River administration. Later that day, Respondent left New River before the end of the school day without following the sign-out policy. Respondent left early to get an acceptable note from her doctor, which she brought in the next day. Notwithstanding her need to obtain a doctor's note, Respondent failed to comply with the directives given her by Ms. Wessinger and Ms. Sierra earlier that day. Thereafter, Ms. Sierra recommended that Respondent be suspended without pay for three days for gross insubordination. That recommendation underpins Case No. 12-2570TTS. CASE 12-4137TTS On January 23, 2012, Respondent confiscated a cell phone from N.D., a male student, during her fifth-period class. Respondent placed the cell phone in her desk drawer with the intention of turning the cell phone in to the office after class. At the end of that class, N.D. removed the cell phone from Respondent’s desk without permission and reported to his sixth-period language arts class taught by Tommy Moore. After the start of sixth period, Respondent realized that the cell phone had been removed from her desk drawer. Respondent went to Mr. Moore’s class. There is a conflict in the evidence as to what occurred next. The greater weight of the credible evidence established that Respondent knocked on the door to Mr. Moore’s classroom. Mr. Moore opened the door for Respondent. Respondent entered the classroom where she remained by the doorway. Respondent tried to get N.D. to come to her, but he refused to do so. Respondent asked N.D. in a loud voice to give her the cell phone. A loud argument broke out between Respondent and N.D. Another male student joined in the argument. Respondent and the students engaged in name calling with the terms “bitch” and “bum” being used. Petitioner failed to establish that Respondent used either term. Respondent retrieved the cell phone and left Mr. Moore’s classroom. The argument lasted at least ten minutes and completely disrupted Mr. Moore’s class. Mr. Moore was unable to regain control of his class and was unable to complete the lesson he had started before Respondent came to his classroom. Mr. Moore did not try to stop the argument between Respondent and the two students. N.D. did not appear to be embarrassed or upset because of the argument he had with Respondent. None of the students appeared to be frightened or upset during the argument. After leaving Mr. Moore’s class, Respondent went to a math department meeting chaired by Ms. Stephanie Tegreeny. Ms. Tegreeny had completed her presentation to the other math teachers by the time Respondent arrived. Ms. Tegreeny repeated her presentation for Respondent. After that meeting, Respondent took N.D.’s cell phone to the office. Prior to the start of school on the morning of January 24, 2012, Robin Terrill, a school volunteer, and Mr. Moore were in the media center making copies. Respondent came into the media center and in a loud, rude, and vulgar fashion criticized the school administration. Respondent described the school administration in profane terms, including the “f” word. There was a conflict in the evidence as to whether students overheard Respondent’s rant. The greater weight of the credible evidence established that students were present in an area that they could have overheard Respondent. Later in the morning of January 24, 2012, Mr. Moore contacted Ms. Sierra to inform her of Respondent’s conduct in his classroom the day before. Later that day Ms. Sierra asked Respondent about her conduct in Mr. Moore’s classroom, and she discussed with Respondent what had been reported to her. Prior to the start of school on January 25, 2012, Mr. Moore was walking down the stairs from his classroom to the main level with a student he had been tutoring. Respondent confronted Mr. Moore about his report to the administration of the incident in his classroom on January 23. This confrontation was clearly unwelcomed by Mr. Moore, who testified that he felt “agitated,” “stressed,” and “uncomfortable.” After that meeting on the stairs, Respondent stopped Mr. Moore again to ask what he knew about the administration’s investigation into the incident in his classroom. Mr. Moore thereafter altered his schedule to avoid Respondent. The School Board and the teacher’s union have entered into a CBA applicable to this proceeding. Sections A.1.a. and of Article 18 of the CBA provides for progressive discipline, in part, as follows: Progressive Discipline: Any discipline of an employee shall be for just cause. The parties agree that the concept of just cause embodies the principles of progressive discipline under the circumstances. Disciplinary procedures may include but are not limited to: verbal/written reprimand, suspension, demotion and termination. . . . The School Board’s Policy 4.9 provides certain “Disciplinary Guidelines” and is part of the record of this proceeding as Respondent’s Exhibit 2. Those guidelines are hereby incorporated in this Recommended Order by reference. The School Board’s Policy 5.9 prohibits bullying, which is defined by the policy as follows: “Bullying” means systematically and chronically inflicting physical hurt or psychological distress on one or more students or employees. It is further defined as: unwanted purposeful written, verbal, nonverbal, or physical behavior, including but not limited to any threatening, insulting, or dehumanizing gesture, by an adult or student, that has the potential to create an intimidating, hostile, or offensive educational environment or cause long term damage; cause discomfort or humiliation; or unreasonably interfere with the individual’s school performance or participation, is carried out repeatedly and is often characterized by an imbalance of power. Bullying may involve, but is not limited to: unwanted teasing threatening intimidating stalking cyberstalking cyberbullying physical violence theft sexual, religious, or racial harassment public humiliation destruction of school or personal property social exclusion, including incitement and/or coercion rumor or spreading of falsehoods
Recommendation The following recommendations are based on the foregoing Findings of Fact and Conclusions of Law: As to Case 12-2570TTS, it is RECOMMENDED that the School Board of Broward County, Florida, enter a final order adopting the Findings of Fact and Conclusions of Law set forth in this Recommended Order. It is FURTHER RECOMMENDED that the final order uphold the suspension without pay of employment of Sarena Stewart for a period of three school days. As to Case 12-4137TTS, it is RECOMMENDED that the School Board of Broward County, Florida, enter a final order adopting the Findings of Fact and Conclusions of Law set forth in this Recommended Order. It is FURTHER RECOMMENDED that the final order uphold the suspension without pay of employment of Sarena Stewart for a period of 30 school days. DONE AND ENTERED this 8th day of August, 2013, in Tallahassee, Leon County, Florida. S CLAUDE B. ARRINGTON 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 8th day of August, 2013.
The Issue The issues to be determined are whether Respondent, Cornell Lamont Steward (Respondent or Mr. Steward), violated sections 1012.795(1)(f), Florida Statutes (2012), or sections 1012.795(1)(g) or (j), Florida Statutes (2011),1/ and implementing administrative rules, as alleged in the Amended Administrative Complaint,2/ and, if so, what is the appropriate sanction?
Findings Of Fact The Commissioner is the state officer responsible for investigating and prosecuting allegations of misconduct against individuals holding educator certificates. At all times relevant to the allegations in the Amended Administrative Complaint, Mr. Steward held Florida Educator Certificate 1156507, covering the areas of biology and earth- space science, and was employed as a science teacher at Miami Carol City Senior High School in the Miami-Dade County School District. Mr. Steward’s certificate expired on June 30, 2013. On September 7, 2011, Mr. Steward was arrested for driving under the influence of alcohol or drugs with resulting damage to property or another person in Broward County, Florida. As Mr. Steward admitted, on April 3, 2013, he was found guilty by a jury on this charge. On December 6, 2011, there was an altercation between a 15-year-old male student, A.C., and Mr. Steward in his classroom at Miami Carol City Senior High School. The Commissioner offered no competent evidence regarding this event other than pre-hearing admissions of Mr. Steward and his testimony at hearing. Mr. Steward testified that he was teaching in his fifth- period class, which was a ninth-grade science class consisting of about 21 students, when there was a knock on the classroom door. A.C., who was a student with behavior and attendance problems, had moved to a seat near the door and offered to see who was there. Mr. Steward at first agreed, but then changed his mind and asked A.C. to remain seated, while Mr. Steward answered the door himself. At the door were three unknown students. A.C. then got out of his seat, stating that the unknown students were his brothers, and moved to the door to greet them. Mr. Steward testified that the students at the door caused a great amount of disruption in the classroom, and he turned around to quiet his students. He testified that as he turned his back to the door, he felt A.C. “violently” press his groin against Mr. Steward’s buttocks, which startled and frightened Mr. Steward, so he had to “remove [A.C.] from [his] personal space.” Mr. Steward testified that A.C. then positioned himself between Mr. Steward and his desk, which had the telephone. According to Mr. Steward, A.C. then stepped forward in a “violent motion” and threatening manner with his fists balled up and “chin checked” Mr. Steward. Detective Marin testified that “chin checking” was slang to describe a tap or touch on the chin primarily as a challenge, used to instigate a confrontation, but was not itself a punch. Mr. Steward testified that he “removed [A.C.] from [his] presence.” Mr. Steward said that then, A.C. moved toward him again with a threatening motion, and Mr. Steward responded: With my left hand I grabbed his right shoulder. With my left hand I grabbed his right shoulder and with my right hand I grabbed his left shoulder. With using his momentum I placed him on the ground, I did not throw him, I did not slam him, I placed him on the ground. He’s a very small person. As soon as I did that, I, I checked for my students who were in attendance to locate security. One or two of them left the class and then there began to be a stampede out of the classroom. From that moment on–-oh, oh, while I was holding him on the ground, A.C. began to violently struggle and make motions towards me. Then also the three other students began to grab and pull at me and grab, pull and push at me. Then for my own safety I didn’t know if these children were armed. I didn’t know anything, I let A.C. go and he and the three other students fled the classroom. Later that day, Principal Dunn was told that Mr. Steward had been in an altercation with a student. He asked the school resource officer, Tracy Moore, to investigate. The following morning, December 7, 2011, Principal Dunn called Mr. Steward to his office to discuss the incident. But for the meeting in Mr. Dunn’s office, Mr. Steward would have reported to his classroom. At the meeting, Mr. Steward’s behavior was a bit erratic. He was laughing, loudly and inappropriately, at the events of the previous day. Principal Dunn noticed that Mr. Steward’s eyes were glassy. Principal Dunn suspected that Mr. Steward was under the influence of alcohol or drugs. Mr. Steward stated that his eyes were glassy and swollen because he was up the night before thinking about the incident with A.C. Principal Dunn called the region director and the Office of Professional Standards for advice on how to proceed. He kept Mr. Steward in his “custody,” so that Principal Dunn or the school would not be responsible if anything occurred. Principal Dunn completed a Reasonable Suspicion Form, noting that Mr. Steward had slow or inappropriate reactions, glassy and swollen eyes, and inappropriate laughter. He determined that there was probable cause to send Mr. Steward for a drug and alcohol screen. Mr. Steward was tested by LabCorp on December 7, 2011. The results were positive for marijuana. Mr. Steward’s exhibit offered to show that the lab sample which was tested was actually obtained on another day is not persuasive, and his argument that the test results should not be admitted is completely rejected. On January 5, 2012, a Conference for the Record was held with Mr. Steward, Mr. Dunn, Ms. Sherri Daniels of United Teachers of Dade, and Ms. Joyce Castro, district director. The events of December 7, 2011, and the test results were reviewed with Mr. Steward. He was given an opportunity to respond, but declined that opportunity. He was advised that a second positive drug test, refusal to submit to future drug tests, or failure to abide with rehabilitation directions could result in additional action, including dismissal. Mr. Dunn testified that the incidents had an effect upon Mr. Steward’s effectiveness as a teacher.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission enter a final order finding Respondent, Cornell Lamont Steward, in violation of section 1012.795(1)(f), Florida Statutes (2012), and section 1012.795(1)(g), Florida Statutes (2011). It is further recommended that the Commission impose upon Cornell Lamont Steward a fine of $3,000.00 and revoke his educator certificate for a period of three years, at the expiration of which time he may receive a new certificate by meeting all certification requirements of the state board current at the time of his application, subject to terms and conditions determined by the Education Practices Commission to be reasonably necessary to ensure that there will be no threat to students and that he will be capable of resuming the responsibilities of an educator. DONE AND ENTERED this 10th day of November, 2015, in Tallahassee, Leon County, Florida. S F. SCOTT BOYD 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 10th day of November, 2015.
The Issue By this Petition, the School Administration of Lee County, Florida, seeks to expel Ronald Dale Slayback on charges that on November 4, 1975, while a student at Riverdale High School, he engaged in throwing chairs at other students. Although the witness who observed Slayback throw chairs did not appear and testify inasmuch as his presence was required at the school at the time of the hearing, the principal of the school, James Middlebrooks, Jr., testified that at the preliminary hearing Slayback acknowledged that he had thrown chairs during the incident on November 4, 1975. The chairs involved in these incidents were chairs with metal legs and backs, and hard plastic seats and backs. They could cause serious injury to anyone hit by them. At the time of the incident some 400 to 600 students were passing through the common area inside the building during a class change, and, but for the prompt and effective action of school officials, a race riot could have resulted. Ronald Slayback testified in his own behalf. As Slayback was walking across the common area he was hit in the back with a chair. He also stated he was hit a second time as he ran toward Assistant Principal Hadley. When the chair was thrown at him he reacted by throwing another chair at his assailant, Ronald Tape. He indicated that part of his chair throwing was in self defense and the other part was in retribution for having been hit with a chair. Slayback has caused few disciplinary problems at Riverside. The only other problem involved his overreaction the year before when his brother was arrested. The brother was found not guilty of the offense for which he was arrested. In view of Ronald Slayback's prior disciplinary record, or lack thereof, expulsion in this case does not appear warranted. From the foregoing it is concluded that Ronald Slayback is guilty of throwing chairs at other students as alleged. This is a serious offense and can cause injury to pupils in the school. All students were advised that chair throwing would not be tolerated and, if committed, would result in expulsion. It is therefore, RECOMMENDED that Ronald Slayback be suspended for 30 days. DONE and ORDERED this 23rd day of December, 1975 in Tallahassee, Florida. K. N. AYERS Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of December, 1975. COPIES FURNISHED: Harry Blair, Esquire Post Office Box 1467 Ft. Myers, Florida 33902 Ronald Slayback Route 4, Carta Hana Avenue Ft. Myers, Florida 33904
Findings Of Fact The Respondent, Lawrence Brennan, holds Florida teaching certificate number 250648, issued by the State Department of Education. The Respondent is certified in the area of English and his certificate is valid through June 30, 1988. The Respondent is a tenured teacher in the Duval County School System in which he has taught since September 8, 1969. The Respondent has taught at Paxon Junior High School since 1984-84, and has taught compensatory education in Paxon Junior High School during school years 1984-85 and 1985-86. Compensatory education is a special program for children with low test scores. Many of the students also have disciplinary problems. The Respondent received satisfactory evaluations for the last three full years of his employment, to include his years at Paxon. The Respondent was removed from the classroom and Paxon Junior High School following the altercation with a student on February 27, 1986, which gave rise to these charges. The Respondent is currently assigned to one of the media centers of the Department of Education in Duval County. The Respondent was informed in writing of the various requirements and responsibilities of teachers in the Duval County School System. Bresha Woods was a student of the Respondent's in November 1985. Ms. Woods had received six to eight referrals to the Principal's office through November 1985 for disrupting class and for not performing assigned duties. Subsequent to the incident described here, Woods was suspended and transferred to the Darnell Cookman Alternative School in March of the 1985-86 school year. On November 7, 1985, the Respondent told Woods to take her things and to go to the Principal's office for not doing her work and disrupting class. Woods delayed, slowly gathering her books, purse and other belongings. The Respondent approached Woods from the rear as she was at her desk, grasped her by the shoulders, pulled her to her feet alongside the desk, turned her toward the door of the classroom and told her to go to the school office. Woods' statement that she was "marked up" is not credible and the fact that she visited a physician on March 29, 1987, is not relevant because of the passage of time. No report of the physician's findings was offered. Woods' report to Atkinson that Respondent had choked her was contrary to Woods' sworn testimony. Atkinson accepted Woods' version of events as opposed to the explanation of Respondent. See T 179, 180. In January 1986, Delilah Elliott, a new student at Paxon, was late for class and cut across a grassy area between the wings of the classroom building which was closed to walking students. Between classes the Respondent was performing monitoring duties outside the classroom as do many of the teachers and staff and observed Ms. Elliott crossing the prohibited area. The Respondent called for Elliott to stop. Although Elliott heard the Respondent call for her to stop, she ignored him, attempting to go to her next class. The Respondent approached her, grabbed her by the shoulders to restrain her, and pushed her toward the sidewalk. She attempted to walk around him and continue on to her class. Elliott refused to tell the Respondent her name. The Respondent herded Elliott to the Principal's office, sometimes pushing her in the back when she stopped walking. Ms. Atkinson, the Assistant Principal in charge of disciplining girls, having seen the incident, followed the Respondent to the office. Atkinson told the Respondent not to be so physical with the children. The Respondent advised Atkinson that he knew what the rules were. Atkinson advised the Respondent that she would take care of the problem, and that he should return to class. Atkinson took no action against Elliott because, according to Atkinson, walking on the grass was not a referral offense. As the Respondent exited the office, Atkinson heard the Respondent say to Elliott, "You little tramp." The Respondent was frequently in physical contact with students in his class. Craig Monasco and Frank Lane were students in the Respondent's class. The Respondent grabbed their buttocks on several occasions when they were leaning over getting books. This practice, called "scooping" by the students, was a form of horse play engaged in by the students. The students were embarrassed by this. On other occasions, the Respondent pulled students out of their seats in the process of disciplining them within the classroom. Leopolean Spikes was a 13 year old black student in the Respondent's 7th grade comp. ed. English class. Spikes had a history of disruptive behavior in class and had been sent to the Principal's office several times during the school year. On February 26, 1986, Spikes was disruptive in class and the Respondent escorted him to the Principal's office. On this occasion, Spikes had refused to accept the referral, and Spikes said he was going to have his father come out and talk with the Respondent. The Respondent added Spikes' additional comments to the referral regarding Spikes' behavior and escorted Spikes to the Principal's office. Upon re-entering the class, the Respondent stated to the class that had Spikes hit him, the Respondent would have knocked him through the wall. The Principal gave Spikes an in-school suspension for his conduct of February 26, 1986. However, based upon the general school policy, a child with the number of referrals that Spikes had had would have been subject to general suspension. On February 27, 1986, Spikes reported to the Respondent's first period comp. ed. class. Spikes exhibited additional disruptive behavior during the class period of approximately 50 minutes in length. During this time, the Respondent warned Spikes on several occasions that he was going to refer him again if his behavior did not change. Shortly before the class was over, Spikes' continued disruptive conduct caused the Respondent to write a referral of Spikes to the Principal. The Respondent told Spikes to go to the Principal's office. Spikes delayed in getting his personal effects together to go to the Principal's office, and the Respondent went over to Spikes and told him to hurry up and leave the class. Spikes told the Respondent that he would not go to the Principal's office. At this point, a conflict exists in testimony regarding what occurred next. The one non-involved adult observer, Ms. Morkin, the co-teacher, stated that she observed six "acts" to the incident: (1) Spikes stood around reading the referral and not doing anything; (2) Respondent guided Spikes to the door by the shoulder; (3) Spikes ran around her desk to his own desk by the windows and wall; (4) Books were thrown in the direction of her desk from the vicinity of Spikes' desk; and (5) A struggle ensued between Spikes and Respondent, which came to an end with the Respondent kneeling next to Spikes and restraining Spikes on the floor. The various student witnesses had more dramatic versions of the incident, but one can trace the activity by its location. Their versions began with: (1) Spikes refused to go and told Respondent that he was not going to the office at or around Spikes' desk; (2) Spikes or Respondent threw books; (3) Spikes and Respondent fought in the area of the desk; (4) Spikes threatened Respondent with a desk; (5) Spikes and Respondent fought in the area of the wall and Spikes' head hit against the wall; and (6) The fight ended with Respondent pinning Spikes to the floor. The following findings are based upon a most credible evidence and testimony presented: The Respondent was standing in the aisle alongside Spikes' desk and between Spikes' desk and the front of the room where Ms. Morkin's desk was located. Spikes, when confronted by the Respondent and told to hurry, told Respondent he refused to go, and threw his books at Respondent, who was standing between Spikes and Morkin. Spikes adopted a combative stance and the Respondent grabbed Spikes' arms, fearing that Spikes was going to strike him. Spikes began to struggle and both Spikes and the Respondent fell to the floor. Respondent let go of Spikes and regained his feet and Spikes pulled himself to his feet using the back of a school desk which he raised in front of him and advanced toward the Respondent saying, "I'm going to hit you with this desk. See T-70. The Respondent pushed the desk out of the way, grabbed the writing portion of the desk, then grabbed Spikes and a second struggle ensued, during which Spikes hit the Respondent, who grabbed Spikes in a bear hug. Spikes and the Respondent were by the windowed wall of the classroom, and the Respondent attempted to pin Spikes against the windowed wall to stop his struggling and prevent Spikes from hitting him. In doing so, Spikes' head was banged against the window once. Spikes continued to hit the Respondent all this time. The Respondent and Spikes again fell to the floor where Spikes ceased fighting after Respondent pinned him down. After the struggle ceased, Ms. Morkin left to seek assistance as the Respondent requested. After he was at the office, a knot came up on Spikes' head. Spikes parents were called and they took Spikes to the emergency room where he underwent a complete examination, to include X-rays of his head. This examination revealed no abnormal findings except tenderness and swelling in the left occipital area of the head. Subsequent medical problems which Spikes has suffered were related to an injury to the right occipital area. No evidence of such an injury was revealed in the examination or reported by Spikes. See Petitioner's Exhibit The Respondent is approximately 6' tall and weighs approximately 200 pounds. Spikes is approximately 4'6" tall and weighs 72 pounds. Mr. Randolph and Ms. Atkinson, the persons in charge of disciplining children at the school, gave their opinions concerning the appropriateness of the Respondent's actions. In their opinion, the Respondent's actions were inappropriate. The record reflects that both Atkinson and Randolph had failed to apply the requisite disciplinary standards to students by taking action to remove them from the school system permanently, based upon continued disciplinary problems. Atkinson, who observed the Elliott incident, described the Respondent as "striking the student" and was of the opinion that a person who touches another person with their hand is striking the person. Mr. Larry Paulk, Assistant Superintendent for Administrative Affairs for the Duval County Schools, interviewed the Respondent after the altercation. To Paulk, the Respondent appeared hostile and was sarcastic in his dealings and approach to students. Paulk offered his opinion that the Respondent's conduct regarding discipline and leadership was inappropriate. The Respondent has attended psychiatric counseling for the past year to deal with his hostility and to improve his effectiveness as a teacher. There is no evidence of the Respondent receiving progressive discipline for prior acts involving physical contact with students, although he received several written reprimands for inappropriate conduct towards students to include physical conduct, language, and attitude. Mr. Randolph, the principal in charge of boys, advised that the school's solution for the removal of an unwilling child from class was to call the Principal. The Principal would come to the room and ask the student to come out of the classroom and, if the student refused, the Principal would then call a uniformed policeman who would arrest the child for trespassing. In Randolph's experience they had never had to take the final step of calling for a uniformed policeman.
The Issue The issue to be determined is whether Respondent violated the provisions of Section 1012.795(1)(c), (f) and (i), Florida Statutes (2007)1/, and Florida Administrative Code Rule 6B- 1.006(3)(a) and (e), and if so, what penalty should be imposed?
Findings Of Fact At all times relevant to this proceeding, Respondent held a Florida Educator's Certificate, numbered 1003139, covering the area of athletics coaching. The certificate was valid through June 30, 2008. Petitioner is the state agency charged with the certification and regulation of teachers, pursuant to Chapter 1012, Florida Statutes. At all times relevant to these proceedings, Respondent was employed as an in-school suspension teacher and a track coach at Hernando High School in the Hernando County School District. The allegations in this proceeding involve events that occurred during the 2007-2008 school year, and deal with three separate incidents: Respondent's conduct in connection to the prom; his actions toward M.G.; and his actions toward A.H. The Prom The prom for Hernando High School was held on or about April 5, 2008, at the Glen Lakes Country Club in Hernando County. Joy Nagy was a coordinator for the prom, and Vicelia Azzarelli was the administrator on duty. Teachers who desired to chaperone the prom signed up in advance. They were given specific responsibilities, including a schedule for monitoring students' behavior. Volunteers' duties did not include dancing with the students. Those teachers who were not volunteering but wanted to stop by and see the students dressed up in their prom attire were also expected to get prior authorization. According to Joy Nagy, Respondent neither signed up to volunteer nor sought permission to attend the prom. Respondent came to the prom with Mr. Mobley, a long-time substitute teacher. Both men were present for a short time, approximately twenty minutes. During their appearance at the prom, they were seen on the dance floor dancing with the students. Assistant Principal Azzarelli observed Respondent while he was at the prom, and he appeared to her to be under the influence of alcohol. He had the smell of alcohol on his person and on his breath, his eyes were dilated and his gait was unsteady. She and another administrator requested that Respondent and Mr. Mobley leave the dance, and they did so. After the prom, a group of students chose to continue celebrating, and rented rooms at a hotel in Clearwater Beach. Respondent and Mr. Mobley went to the hotel where the students were staying, and socialized with the students. The students were drinking alcohol at the hotel, and the presence of alcoholic beverages was evident. The next week, some students came forward asserting that Respondent and Mr. Mobley were partying with students in Clearwater Beach following the prom. During a subsequent investigation into the partying, Respondent admitted to Ms. Azzarelli that he went to Clearwater Beach after the prom, and had a couple of drinks at a club there. He also admitted that he went to the hotel room of some of the students. As a result of the investigation into the events surrounding the prom, school officials also received information regarding possible conduct by Respondent with respect to two female students at Hernando High School. M.G. M.G. is currently a student at Valencia Community College. At the time of the events in this case, she was a senior at Hernando High School, and was, along with a few other students, a manager for the track team. At some point during the 2007-2008 school year, M.G. was sent to the in-room suspension room for a dress code violation, because she was wearing a skirt that was too short. She was the last student to leave the room. As she was leaving the classroom, Respondent came up behind her and reached around, putting his hand underneath her skirt, over her underpants. M.G. immediately left the room. She did not report the incident to anyone initially, because there were no witnesses to the conduct and she did not think anyone would believe her. She thought that by staying out of in-school suspension and working with the other track managers, she would not be in a position where the situation could be repeated. However, there was a subsequent occasion where M.G. was taking inventory of the uniforms for the track team. She was again alone with Respondent, and he again came up behind her and touched her in the crotch area, over her clothes. On this occasion, M.G. was wearing capris pants. She left the room and, as before, did not tell anyone because she did not want to be in a position where she reported the behavior and no one believed her. She only came forward after hearing about another incident involving Respondent's alleged conduct with a female student.3/ A.H. A.H. was also a student at Hernando High School at the time of the events in question. She graduated in 2009, and is now a student at Pasco-Hernando Community College. There was an occasion during the 2007-2008 school year when A.H. was alone with Respondent in the portable where he taught. Respondent kissed her, and she tried to walk out. He grabbed her arm, pulled her back to him and kissed her again. Respondent also sent A.H. inappropriate text messages. For example, he would text her that he did not want to have sex with her because he knew she was a virgin, but that "I'll go down on you and show you a good time." Like M.G., A.H. did not want to tell anyone about the incident with Respondent because she did not want anyone to know about it. When questioned initially by school officials, she denied it for the same reason. Both girls were interviewed by Detective Morrell of the Hernando County Sheriff's Office during her investigation stemming from the conduct related to prom. The information given during the investigation by Detective Morrell and the information provided during the hearing was consistent. Unfortunately for both girls, after the conduct was investigated, there was significant publicity regarding the incidents. Information was published in both the print and electronic media. Consistent with her fears, M.G. was subjected to ridicule and the publicity related to the investigation made it difficult for her to finish her senior year. Neither girl wanted to press charges as a result of Respondent's conduct, because they did not want to have to deal with the publicity associated with criminal charges. Neither girl wanted to testify in this proceeding. However, both girls were candid and credible, despite their obvious reluctance to appear. On or about May 5, 2008, Respondent resigned in lieu of termination from his position with the school district.
Recommendation Upon consideration of the facts found and conclusions of law reached, it is RECOMMENDED: That the Education Practices Commission enter a Final Order finding that Respondent violated Section 1012.795(1)(c), (f), and (i), Florida Statutes (2007), and Florida Administrative Code Rules 6B-1.006(3)(a) and (e), and permanently revoking his teaching certificate. DONE AND ENTERED this 10th day of February, 2010, in Tallahassee, Leon County, Florida. S LISA SHEARER NELSON 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 10th day of February, 2010.
The Issue The ultimate issue in the instant case is whether Respondent should be administratively reassigned to Petitioner's alternative education/disciplinary program at the Youth Opportunity School-South.
Findings Of Fact Based on the record evidence, the Hearing Officer makes the following Findings of Fact: Centennial Middle School is a public school operated by Petitioner. Respondent has been a student at Centennial Middle School since the beginning of the 1987-88 school year. As a student at the school, Respondent has consistently engaged in disruptive conduct that has adversely affected the educational process at the school. On approximately nineteen separate occasions, Respondent has been formally referred to the school administration by one of his teachers for disciplinary reasons. The school administration has made exhaustive efforts to help Respondent improve his behavior, but these efforts have been unsuccessful. The incident that precipitated the decision to remove Respondent from the regular school program at Centennial Middle School occurred on July 19, 1989, while Respondent was attending summer school. On that date Respondent brought to school a weapon in the form of a steak knife that he concealed in his sock the entire school day. He intended to use the knife to defend himself, if necessary, against a group of students with whom he had an ongoing dispute. Pursuant to Petitioner's Code of Student Conduct, students who bring weapons to school are subject to expulsion. On July 20, 1989, upon learning that Respondent had a concealed weapon on his person while on school grounds the previous day, Ted Hennis, Jr., one of the Assistant Principals at Centennial Middle School, suspended Respondent and recommended to the Dade County School Superintendent that Respondent be expelled from the Dade County public school system. In lieu of expulsion, the Superintendent decided to administratively reassign Respondent from Centennial Middle School to the alternative education/disciplinary program at the Youth Opportunity School-South. This decision to reassign Respondent is the subject of the instant controversy.
Recommendation Based on the foregoing Findings of Facts and Conclusions of Law, it is hereby RECOMMENDED that the School Board of Dade County enter a final order approving Douglas Freeman's reassignment to the alternative education/disciplinary program at the Youth Opportunity School-South. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 6th day of November, 1989. STUART M. LERNER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 6th day of November, 1989. COPIES FURNISHED: Stuart M. Gold, Esquire 1570 Madruga Avenue, Suite 211 Coral Gables, Florida 33146 Jewel Harper 11001 Southwest 224th Street Miami, Florida 33170 Madelyn P. Schere, Esquire Assistant Board Attorney 1450 Northeast Second Avenue Miami, Florida 33132 Russell W. Wheatley, Assistant Superintendent Office of Alternative Education 1450 Northeast Second Avenue Miami, Florida 33132 Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32399-0400
