The Issue The issues are whether Respondent violated Section 231.2615, Florida Statutes (2000), and Rule 6B-1.006, Florida Administrative Code, and if so, what penalty should be imposed.
Findings Of Fact Respondent holds Florida Educator Certificate No. 711503, covering the areas of elementary education, varying exceptionalities, and pre-kindergarten handicapped. Respondent's certificate was valid at all times material to this proceeding. Respondent began teaching in 1995. There have been no complaints against Respondent prior to the allegations in this case. Over the years, Respondent has attempted to help students over and beyond her classroom duties. On at least two occasions, she temporarily has taken students into her home in time of need. Flagler County School Board employed Respondent as an exceptional student education (ESE) teacher at Flagler Palm Coast High School (FPC) in the Flagler County School District during the 2000-2001 school year. That school term was her first year on the faculty at FPC. J.E. was a 17 year-old male student who attended FPC during the 2000-2001 school year. J.E. was classified as an 11th-grade ESE student because he suffered from attention deficit disorder. J.E. also worked as a part-time firefighter with the Flagler Beach Fire Department. J.E.'s employment as a firefighter was sponsored by the Boy Scouts of America Explorer Program. At some point during the month of October 2000, J.E. transferred into Respondent's math class. Initially, J.E. was unable to make a passing grade in math due to his learning disability. J.E.'s academic problems were aggravated by several in-school and out-of-school disciplinary suspensions, which caused him to miss class. Toward the end of November or the beginning of December 2000, J.E. was arrested for fighting with his sister. He was in the custody of the juvenile authorities for several days before being placed on juvenile home detention. When J.E. returned to school, Respondent contacted J.E.'s mother, D.B. Respondent requested permission to tutor J.E. after school to help him make up missed assignments. After receiving the approval of the juvenile authority staff, D.B. agreed that Respondent could tutor J.E. Respondent and D.B. agreed that, after each tutoring session, Respondent would transport J.E. to the place where D.B. was employed. Respondent then informed the assistant principal that she would be assisting J.E. after school in her classroom. The tutoring sessions began on December 12, 2000, and lasted for almost two weeks. The sessions terminated when FPC recessed for the holidays. During the tutoring sessions, Respondent and J.E. spent time working on J.E.'s math assignments. However, as time passed, they progressively spent more time discussing personal issues. These conversations included discussions regarding J.E.'s problems and history of abuse, as well as the physical abuse that Respondent experienced during her marriage to her ex-husband. Respondent revealed that she had been molested as a child, a fact that Respondent had shared only with her long-term boyfriend, her sister, and her closest friends. Respondent told J.E. about her two children and her relationship with her boyfriend. At times, Respondent spoke negatively about her boyfriend, referring to him as an "asshole." Respondent and J.E.'s student-teacher relationship became more personal as they spent more time together. J.E. began visiting Respondent during her planning period, during which they would discuss personal issues. Occasionally, J.E. would visit Respondent during her science class even though he was scheduled to be in another class. The personal conversations continued during the time that J.E. waited in Respondent's car for his mother at the school bus compound, sometimes for 20 to 30 minutes. Prior to one tutoring session, Respondent allowed J.E. to ride with her to a fast-food restaurant. She then took J.E. by the fire station before returning to the school. Respondent did not have anyone's permission to transport J.E. off campus. Sometime before the holiday break, J.E. told Respondent that he liked the music of a certain rap artist. The last day of school before the holiday break, Respondent gave J.E. a gift bag containing a compact disk (CD) of the artist's music. The gift bags that Respondent presented to other students contained only cookies and trinkets. On the afternoon of December 27 or 28, 2000, J.E. invited Respondent to visit the fire station with her children, a 9-year-old son and an 11-year-old daughter. Respondent and her children spent approximately one hour at the station while J.E. showed them the facility and firefighting equipment. Next, J.E. told Assistant Fire Chief Shane Wood (Chief Wood), that he was going to a nearby park with Respondent and her children. He advised Chief Wood that he would return to the station if it received a call. J.E. rode to the park in Respondent's vehicle. Francis Abramczyk, another student firefighter and J.E.'s friend, rode a bike to the park at J.E.'s request. When the group arrived at the park, Respondent asked Mr. Abramczyk to watch her children so she and J.E. could talk in a nearby gazebo. About 45 minutes after Respondent and J.E. left to go to the park, Chief Wood got off from work. Chief Wood then rode his motorcycle to his parent's house near the park. Chief Wood visited his parents for 10-15 minutes before riding his motorcycle to the park where he spoke briefly to J.E. Respondent and J.E. were sitting in the gazebo when Chief Wood came by on his motorcycle Once in the gazebo, Respondent and J.E. spent at least 30 minutes talking about Respondent's recent trip to North Carolina, among other things. During this time, Respondent and J.E. sat side-by-side. At one point in time, Mr. Abramczyk saw Respondent's hand resting on J.E.'s hand, which was resting on his leg. Respondent jerked her hand back when she made eye contact with Mr. Abramczyk, who was retrieving a ball from the far side of the gazebo. While sitting in the gazebo, Respondent asked J.E. if he was willing to baby-sit for her that evening while she went out with a girlfriend. Respondent told J.E. that she would not be returning home until late and suggested that he spend the night at her residence. J.E. did not think his mother would approve of Respondent's suggestion. In the meantime, Mr. Abramczyk decided to walk to a nearby store to get some ice cream. Respondent's son tagged along with Mr. Abramczyk. When Mr. Abramczyk returned to the park, Respondent and J.E. were sitting in Respondent's vehicle. While J.E. was sitting in Respondent's vehicle, two or three girls came to the park in a car. One of the girls was J.E.'s former girlfriend. At first J.E. did not want the girls to see him, but eventually he got out of Respondent's vehicle and talked to Mr. Abramczyk and the girls. During this conversation, J.E. was teased about hanging out with his teacher. Mr. Abramczyk rode the bike back to the fire station after this conversation. At approximately 5:00 p.m., J.E., Respondent, and Respondent's children went back to the fire station. J.E. then called his mother to ask permission to baby-sit for Respondent. D.B. told him that he could baby-sit. In a later conversation between Respondent and D.B., Respondent stated that she would not be home that evening until approximately 2:00 a.m. Respondent asked D.B. if J.E. could spend the night at her residence. D.B. responded negatively, telling Respondent to take J.E. home or to the fire station where there was adult supervision at all times. After leaving the fire station, J.E. rode with Respondent and her children to a convenience store where Respondent purchased soft drinks and snacks for her children. She also purchased several wine coolers for herself. At approximately 6:00 p.m., Respondent, her children, and J.E. arrived at Respondent's residence. J.E. changed out of his work uniform before walking to a nearby beach with Respondent and her children. The children played on the beach and in the clubhouse area while Respondent talked to J.E. During this time, Respondent consumed one of her wine coolers. J.E., Respondent, and her children returned to Respondent's home after spending about an hour at the beach. Next, Respondent prepared dinner for J.E. and her children. She then got dressed to go out while J.E. played video games with the kids in the living room. The evidence is not clear and convincing that Respondent walked out of her bedroom into the living room wearing only a skirt and bra during this time. Between 8:00 and 9:00 p.m. Respondent left her residence to meet her girlfriend, taking her wine coolers with her. The girlfriend was not at home, so after waiting for a while, Respondent returned to her home between 9:30 and 10:30 p.m. The evidence is not clear and convincing that Respondent was heavily intoxicated when she returned. Respondent's long-term boyfriend was spending time that evening with one of his male friends. The boyfriend usually stayed with Respondent but decided that evening to stay at his separate residence in St. Augustine, Florida, because he had consumed some beer and did not want to risk driving back to Respondent's residence. However, Respondent did not know that the boyfriend would not come to her house later that evening. When Respondent returned to her residence, her children were asleep and J.E. did not want to go home. Without checking with J.E.'s mother, Respondent decided to let J.E. stay. J.E. listened to music in Respondent's bedroom while she straightened up the house and did the laundry. Respondent took time to talk to J.E. and to listen to some music with him. Sometime during the evening, Respondent spoke to her boyfriend on the telephone. During this call, Respondent learned for the first time that her boyfriend probably would not be returning to her home that night. Respondent talked to her boyfriend a second time that night from her garage. When she went back into the house, J.E. pretended to be asleep but when Respondent approached him, he sat up and appeared to have been crying. Respondent assumed that J.E. was upset because he was jealous of her boyfriend. The evidence is not clear and convincing that Respondent provided J.E. with alcohol or engaged in inappropriate sexual conduct with him while he was in her home. However, Respondent admitted during the hearing that J.E. might have consumed beer kept in her refrigerator while she was gone because she found one beer can in her closet weeks later. At approximately 2:00 a.m., Respondent drove J.E. to the fire station. The lights were off in the station. After waiting a few minutes to see if any of the adult firemen were going to return to the fire station, Respondent drove J.E. home, arriving there between 2:30 and 3:00 a.m. On the way to J.E.'s house, Respondent made J.E. promise not to tell anyone that he baby-sat at her residence. She paid J.E. $20 for baby-sitting. When J.E. got home, his mother was asleep on the couch. D.B. woke up as J.E. entered the house. She did not smell any alcohol on him or see any signs of intoxication. Respondent went with her children to the fire station two days later on December 29, 2000. The purpose of the visit was to return one of J.E.'s CDs that he had left at her house. Respondent visited with J.E. for about 15 minutes. During the visit on December 29, 2000, J.E. appeared upset. He told Respondent that he was worried because a man from his past was about to be released from jail. He also stated that he had been fighting with his mother. J.E. told Respondent that he was afraid the fire chief would not like him having visitors. He wanted Respondent to leave, telling her that he would talk to her later. By the end of December, Respondent knew that the other students were teasing J.E. about their close relationship and that he was embarrassed about the situation. J.E. and Respondent had agreed that they would not continue with the after-school tutoring and that they would not socialize at school or at the fire station. Despite this agreement, Respondent returned to the fire station on December 31, 2000. The purpose of the visit was to give J.E. a six-page handwritten letter that included references to Respondent's personal experiences. Several of J.E.'s friends from FPC were at the fire station when Respondent arrived. When J.E.'s friends told him that Respondent was in the lobby area, he told them he did not want to see her and hid in a back room in an effort to avoid her. Two of J.E.'s friends then told Respondent that J.E. was not at the fire station. Respondent started to leave when she realized that her son, who had been waiting in the car, had probably gone into the fire station through the open bay doors. Respondent then went into the station through the bay doors to look for her son. Upon entering the bay, Respondent noticed that J.E. was at work. Instead of asking about her son, Respondent approached J.E. holding the letter. As Respondent walked toward J.E., his friends began to tease him again. J.E. was visibly upset and demanded to know what Respondent was doing at the station. Respondent knew or should have known that she was giving the other students reason to pick on J.E. J.E. was angry and embarrassed by Respondent's presence. He told Respondent to come back later just to hasten her departure. He shredded the letter as soon as she left the station. Notwithstanding J.E.'s extreme displeasure during Respondent's visit, Respondent returned to the fire station later that day about 5:00 p.m. J.E. was not there when Respondent arrived. At that time, Chief Wood told Respondent that J.E. was gone and that she needed to stop visiting him at the station because it did not look right for her to be there "hanging all over J.E." The relationship between J.E. and Respondent dropped off beginning in early January 2001. Shortly after the holidays, J.E. became angry with Respondent. He told her to go screw her boyfriend. Respondent just ignored this comment. On another day during the first week of January, J.E. attempted to leave Respondent's class on a pretext that he was required to go to the school attendance office. J.E. became angry when Respondent would not let him leave the classroom. A short time later, during the same class period, two of J.E.'s friends walked by and looked into the classroom through the window in the door. J.E. noticed his friends, went to the door to speak with them, and asked them to help get him out of class. Respondent again refused to let him leave, causing him to be even more angry. Respondent told J.E. that if he left the class without permission, she would write him up. He then said, "You're gonna write me up? Well, I could do something about that." The first semester ended on January 8, 2001. Although J.E. was failing math in early December, he received a grade of B in Respondent's class for the semester. He then transferred to another teacher's math class for the second semester. After the transfer, J.E.'s grades began to decline again. The other students continued to tease J.E. about Respondent. On or about January 19, 2001, a rumor surfaced that Respondent was pregnant with J.E.'s child. Respondent first learned about the rumor during her science class. The class discussion involved the harmful effect of fumes from spray bottles on the environment and humans. Someone in the class stated that fumes could harm a fetus like Respondent's fetus. Another student said, "Oh, I wonder who the father is." A third student responded, "Oh, it's J.E." The class then began laughing. Respondent made no effort to report the incident to FPC's administrators. Instead, on a day when Respondent was extremely depressed and disillusioned with her career, and when she was feeling "emotionally cheated" and/or "manipulated" by J.E., Respondent wrote J.E. an e-mail message that states as follows: Hi I hope your Term 2 classes are going well so far, and life in general. I heard you're in Mr. Krenichen's class for Algebra now. If you need any help or need a place to escape to you know where to go. I still have 3rd period planning, except for lunch duty 3rd lunch. Even if you still are or stay mad at me forever, I'm still rooting for you to make it. I hope you're staying out of trouble. Well, I just wanted to say hi. I was thinking about you and my kids have been asking about you too. They think you're so cool! Yeah, I guess you're all right most of the time. Ha Ha. I miss you. I miss you talking to me every day most of all. Well, see you around. K. p.s. I also wanted to thank you for keeping your word. Means a lot. Gives me a little bit of hope the whole thing wasn't a lie all along. That helps even if that's all I'll ever have. Well, there's other things I need to talk to you about but don't want to say in an e-mail, so will just let you go now. Bye. Respondent's statement in the e-mail that she hoped J.E. was not still mad at her referred to her refusal to let J.E. leave class. She thanked him for keeping his word about not dropping out of school, not telling anyone that he baby-sat at her home, and not revealing her personal confidences. The e-mail was not specifically romantic in nature but clearly and convincingly evidences an inappropriate personal relationship between Respondent and J.E. After receiving this e-mail, J.E. asked Chief Wood to help him draft a reply that would break off his relationship with Respondent. Chief Wood declined to help but told J.E. he would proofread the message after J.E. wrote it. After reading the e-mail, Chief Wood decided that J.E. had adequately communicated his message to Respondent and did not make any changes. On or about January 24, 2001, a fellow student told J.E. that Respondent had said she was pregnant with J.E.'s child. J.E. became frightened by the false rumor. That same day, J.E. lied to his mother, stating that Respondent had given him alcohol and that, while he was in an intoxicated state, Respondent had forced him to have sexual intercourse on the night that he visited her home. D.B. immediately contacted the sheriff's office. On January 26, 2001, the principal of FPC confronted Respondent with J.E.'s allegations regarding the alcohol and sexual misconduct. During this conversation, Respondent stated that she wished she had never had J.E. baby-sit in her home. She admitted that her relationship with J.E. was inappropriate. Respondent immediately drafted and submitted her resignation effective February 6, 2001, the day of the next scheduled school board meeting. Following Respondent's resignation, J.E. continued to endure severe teasing at the hands of his classmates. Some students referred to J.E. as a "teacher fucker." Understandably, such comments caused J.E. a great deal of stress. J.E. eventually dropped out of FPC and entered the adult education program, where he admitted to one student that he did not have sex with Respondent. He told the student that he wished he could take it all back. Respondent is now employed in a real estate office.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That EPE enter a final order suspending Respondent's certificate for two years followed by five years of probation. DONE AND ENTERED this 2nd day of September, 2003, in Tallahassee, Leon County, Florida. S SUZANNE F. HOOD 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 2nd day of September, 2003. COPIES FURNISHED: Mary F. Aspros, Esquire Meyer and Brooks, P.A. 2544 Blairstone Pines Drive Post Office Box 1547 Tallahassee, Florida 32302 Matthew K. Foster, Esquire Brooks, Leboef, Bennett & Foster, P.A. 863 East Park Avenue Tallahassee, Florida 32301 Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Room 224E Tallahassee, Florida 32399 Marian Lambeth, Program Specialist Bureau of Educator Standards Department of Education 325 West Gaines Street, Suite 224-E Tallahassee, Florida 32399-0400
The Issue The issue in this case is whether the Manatee County School Board (Petitioner) has just cause to terminate the employment of Peggy A. Hill (Respondent).
Findings Of Fact The Petitioner has employed the Respondent as a teacher since October 1997. As a member of the Petitioner's instructional staff, the Respondent's employment can be suspended or terminated only for just cause. During the 2008-2009 school year, the Respondent was assigned to teach at Palmetto High School. On May 4, 2009, the Respondent overheard a male student entering her fourth period science class and using profanity while talking with his classmates. The Respondent asked the student to refrain from the conversation. When he failed to comply with her request, the Petitioner slapped the student on the left side of his face with the open palm of her right hand. A red mark appeared on the student's face at the location of the physical contact. The Respondent's assertion that the physical contact with the student was minimal was not supported by the greater weight of the evidence and has been rejected. The Petitioner prohibits corporal punishment. Teachers who violate the Petitioner's prohibition against corporal punishment have typically been terminated from employment. In compliance with the Petitioner's prohibition, the Palmetto High School student disciplinary policy did not authorize corporal punishment as a penalty for classroom profanity. According to school policy, the punishment for a first incident of profanity in the classroom was a one-day time out for the student, and a second incident of classroom profanity was punishable by a two-day time out. On May 8, 2009, the Respondent was placed on paid administrative leave pending the outcome of an internal investigation conducted by Debra Horne, a specialist in the Petitioner's Office of Professional Standards. Upon completion of Ms. Horne's investigation, school officials and school board personnel recommended to Superintendent Timothy McGonegal that the Respondent's employment be terminated. After discussions with the president of the teacher's union, Superintendent McGonegal attempted to resolve the matter without terminating the Respondent's employment. Superintendent McGonegal recommended that the Respondent be suspended without pay for a period of 20 days, that she participate in anger management training, and that she return to an annual contract. The Respondent rejected the superintendent's disciplinary recommendation and requested a formal hearing. The request was forwarded to the Division of Administrative Hearings, and the hearing was scheduled. Prior to the hearing, the Respondent was transferred to Braden River Middle School for the 2009-2010 school year. On or about October 20, 2009, the Respondent was attempting to teach the students in her third period science class. One student was behaving in a disruptive manner while the Respondent was teaching and was leaning forward in his chair with the rear legs of the chair off the floor. The Respondent approached the misbehaving student from behind and put her hands on the back of his chair. The student fell from the chair and onto the floor. The student testified that he was embarrassed when he fell, but the evidence established that he was laughing at the time of the event, as were some of his classmates. The Petitioner has alleged that the Respondent pulled the chair out from underneath the student, thereby causing him to fall to the floor. The Respondent testified that she did not pull the chair out from underneath the student. At least one student present at the time testified that the Respondent grasped the back of the student's chair and pulled it away from the student. At least one student saw the Respondent with her hands on the chair, but did not see her pull the chair from underneath the student. The Respondent testified that students routinely fell from the chairs onto the floor because the chairs slipped on the tiled classroom floors. There was no credible evidence that students routinely fell from the chairs onto the floors. There was no evidence that the Respondent reported any safety concern to school officials related to the allegedly slipping chairs. The Respondent testified that she was concerned the chair was going to slide out from underneath the student and that she placed her hands on the back of the chair in an effort to have the student sit properly and to prevent the chair from slipping. There was no credible evidence that the Respondent directed the student to sit properly prior to placing her hands on his chair, and her testimony on this point has been rejected. The evidence presented at the hearing was insufficient to establish whether the Respondent pushed or pulled the chair once she placed her hands on the chair back. However, it was clear that the Respondent's actions precipitated the student's fall from the chair to the floor, because the fall occurred immediately after the Petitioner placed her hands on the back of the chair. Other students in the class reported the incident to another Braden River Middle School teacher who forwarded the information to appropriate school personnel. On October 22, 2009, the Respondent was placed on paid administrative leave pending the outcome of another internal investigation conducted by Ms. Horne. After the conclusion of Ms. Horne's investigation, school officials and board authorities recommended to Superintendent McGonegal that the Respondent's employment be terminated. Superintendent McGonegal agreed with the recommendation.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Manatee County School Board enter a final order terminating the employment of Peggy A. Hill. DONE AND ENTERED this 25th day of May, 2010, in Tallahassee, Leon County, Florida. S WILLIAM F. QUATTLEBAUM Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 25th day of May, 2010. COPIES FURNISHED: Melissa C. Mihok, Esquire Kelly & McKee, P.A. 1718 East Seventh Avenue, Suite 301 Post Office Box 75638 Tampa, Florida 33675-0638 Brian C. Ussery, Esquire Erin G. Jackson, Esquire Thompson, Sizemore, Gonzalez & Hearing, P.A. 201 North Franklin Street, Suite 1600 Tampa, Florida 33601 Deborah K. Kearney, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 Dr. Eric J. Smith, Commissioner of Education Department of Education Turlington Building, Suite 1514 325 West Gaines Street Tallahassee, Florida 32399-0400 Tim McGonegal, Superintendent Manatee County School Board 215 Manatee Avenue, West Bradenton, Florida 34206-9069
Findings Of Fact The Respondent, Ronald Miller, holds a Florida teaching certificate numbered 464113, covering the area of physical education. During the 1980-81 school year he was employed as a teacher of physical education at Miami Coral Park Senior High School in Miami, Florida. He was also hired that year by Miami Coral Park Senior High School to be an assistant basketball coach for the junior varsity basketball team and an assistant coach for the varsity football team. At the beginning of that school year, the head coach for the varsity basketball team, Mr. Edward Joyner, was delayed in his arrival at school. For this reason during the first three or four weeks of school, Mr. Miller was appointed to take Mr. Joyner's place in coaching the varsity basketball team as well. This was the first year of Mr. Miller's assignment as a full-time teacher. The Petitioners are, respectively, the School Board of Dade County, a public agency charged with the hiring, employment and regulation of the operations, activities and practices of teachers it employs to instruct students in the Dade County Public School System. The Education Practices Commission is an agency of the State of Florida within the Department of Education and is charged with the duty of licensing and regulating the licensure status, practice and practice standards of teachers in the State of Florida. During the 1980-81 school year, as in the recent past, Coral Park Senior High School had a club called the Cagerettes which assisted the school's junior varsity basketball and varsity basketball teams by helping to raise funds for different functions as well as to work with the coaching staff performing such services as taking statistics during games. Members of that group were selected from the student body after "tryouts" where the individual applicants were judged on their personality and participation. Cindy Castillo was the captain or president of club for the 1980-81 school year. This was her third consecutive year as a member of the club and her second year as its president. Cindy Castillo approached Mr. Miller shortly after he became employed and after the school year began and asked him to be the faculty sponsor for the club. He had had no previous experience as a club sponsor for any school, but based upon Miss Castillo's representations concerning his insignificant duties as club sponsor, he agreed to become the sponsor of the club. One of the initial witnesses called by the Petitioner was Mr. Doug Wycoff. Mr. Wycoff was an instructor in the English Department at times pertinent here to and also acted in the capacity of athletic business manager for Coral Park Senior High School. As athletic business manger, Mr. Wycoff was required to oversee the financial business and accounting for monies received by the athletic department. These duties included overseeing ticket sales, crowd control, personnel at athletic events, overseeing fund raising efforts and managing the money received therefrom and in general assisting the athletic director. Mr. Wycoff testified that the high school maintained its banking accounts with the Sun Bank. Any monies derived from fund raising activities should go to him as a member of the athletic office in charge of finance and then they would be deposited with the school treasurer. The treasurer typically makes deposits on a daily basis via the Wells Fargo Armored Express Company. At all times material to these proceedings the practice was to segregate all accounts with the bank so that each different sports activity and the personnel involved therein would have their own account and otherwise maintain constant accessibility to the account. Prior to the commencement of the 1980-81 school year, Mr. Wycoff gave general instructions to all faculty members involved with the athletic program regarding who to contact should they have any questions regarding their involvement with a fund raising activity and how to account for the money. Although it was the witnesses' opinion that the Respondent had been present at that meeting, the Respondent denied it and the record does not establish whether or not the Respondent was present at that particular meeting. A condition precedent to the establishment of any fund raising activity of the high school, or a club or a group operating under the auspices of the school, required that the sponsor of the group obtain approval from Mr. Wycoff. The school records reveal, through Mr. Wycoff's testimony, that there were only two functions which had previously been approved for the basketball team. One was a car wash held at the beginning of the year in question and the the second was an M & M candy sale which took place later during the spring of the 80-81 school year. The approval for the car wash was obtained from Mr. Wycoff by the Cagerette captain, Miss Castillo. Near the close of the 80-81 school year the school principal ultimately learned that other fund raising activities had been conducted for which substantial sums of money had been received, which had been unapproved fund raising activities. The generated proceeds were received and unaccounted for by the Respondent. The car wash took place on or about September 27, 1980. Mr. Wycoff issued to Miss Castillo one hundred tickets with a prestamped price of $1.50 on each ticket for sale of car washes. The car wash was a success and generated approximately $900 in gross proceeds Two hundred dollars of that (apparently checks) was turned over to Mr. Wycoff, the balance in cash was retained by the Respondent. The Respondent admitted receiving perhaps $200 to $300 within a few days after this event. The Respondent explained ;to Miss Castillo and the other students involved in the car wash activity, that the monies were going to be held by him for the benefit of the Cagerettes and the basketball team in a special account at a bank near his home. On October 4, 1980, a car wash was held by the Cagerettes with the help of the Respondent. Mr. Wycoff was not requested to approve this endeavor, nor were the funds raised therefrom ever accounted for to Mr. Wycoff or any other employee or official of the school. Approximately $256 was generated and the proceeds were placed in the Respondent's custody at his request. The Respondent admitted that with regard to this fund raising effort he received approximately $247. On approximately October 11, 1980, at the instance of the Respondent and without prior knowledge or approval from Mr. Wycoff, the Cagerettes and basketball players held a donut sale. The total proceeds of that sale approximated the sum of $900. Cynthia Castillo took $594 of that sum to pay the vendor of the donuts and the balance, in the approximate sum of $311, was turned over to the Respondent. The Respondent admitted that he received approximately $300 from that fund raising activity. A second donut sale was held a short time later, also not approved by Mr. Wycoff or any personnel in his office. Approximately $368 were generated from that venture which was initially given to Coach Joyner. The record in this proceeding does not reflect what became of that $368, but it was not included in the sum ultimately the subject of criminal proceedings against the Respondent. In the fall of 1980, the Respondent suggested and initiated a procedure whereby members of the Cagerettes would pay monthly dues. This was a practice that was followed with the dues set in their approximate amount of $2 per member per month. These dues were collected for approximately one month and the monies were turned over to the Respondent in the amount of between $30 and $40. The Respondent never accounted for this money. The Respondent also initiated a procedure whereby the members of the Cagerettes would take up donations from individual girls for "penny week." These donations were taken up in the form of pennies on Monday; nickels on Tuesday; dimes on Wednesday; quarters on Thursday; and dollars on Friday. This activity grossed approximately $43 which was turned over to the Respondent and never accounted for. The initiation of this program on his own by the Respondent without approval of any one in authority was in direct conflict with rules promulgated by the school. Prescribed receipt books were to have been obtained from Mr. Wycoff and used so as to avoid any accounting for the money. This was not done. The Respondent also conducted another fund raising project whereby he solicited donations from students of $1 each for the purchase of athletic socks. At least one student made such a donation, but no socks were purchased. Mr. Wycoff established that no such collection project came to his knowledge and that the athletic department purchases and provides socks for its junior varsity teams at no cost to its members, thus the alleged need for donations to purchase athletic socks was false. During the course of the the 1980-81 school year, both the Respondent and his fellow coach and colleague, Mr. Joyner, made several attempts to have a banquet in honor of the basketball team and Cagerettes. Because of the lack of financing, the banquet never came to fruition. This was because certain funds raised by the above-mentioned fund raising projects during the year were unaccounted for by the Respondent, thus the banquet was severely under-financed. Additionally, several students paid to Mr. Miller at least $10 per banquet ticket for anticipated attendance of themselves and their respective guests. When the banquet was finally cancelled, the Respondent did not return their ticket purchase money. Mr. Lopez established that he was a student at that time and a member of the varsity basketball team. He purchased three tickets at $10 each, payable in cash, and was never refunded when the banquet was cancelled. JoAnn Oropesa paid the Respondent cash for banquet tickets, but was never refunded her money. She made demand on the Respondent for her money and the Respondent informed her that he would make a refund by check in the mail at the end of the school year. He failed to do so. During the school year the Cagerettes and the basketball team agreed with Coach Joyner to have a skating party at a neighboring commercial skating rink. In order to fund this event, the students involved agreed to sell tickets at the price of $3 per ticket. Mr. Wycoff was not advised of this money raising effort either and never received any money for an accounting, therefor, from either Respondent or Coach Joyner. JoAnn Oropesa sold all ten tickets assigned to her at $3 per ticket. The Respondent acknowledged receipt of the monies from that fund raising activity, representing that the money would be used for the banquet in lieu of the skating event which was cancelled, Ultimately, these monies were never returned to JoAnn Oropesa or other students purchasing tickets. Manuel Martinez purchased tickets for the skating party and never had a refund, being merely told by the Respondent to "wait." The same student, Manuel Martinez, established that the Respondent solicited members of his class on more than one occasion to make contributions to a touring gospel singing group of which he was a member and that in consideration for this donation a student could receive an "A" for a test or make-up work. The Respondent also offered that "detentions" or "make-up requirements" could be taken off a student's record, for any of the classes in which the student was enrolled with the Respondent, in return for such donations. The testimony of Manuel Martinez was corroborated by Raphael Lopez, another student of the Respondent's, who established that the Respondent solicited students for contributions to his gospel group in return for enhancement of their grades. Marilyn Munne observed the Respondent soliciting students for contributions to his gospel group in consideration for which he would have a detention "dropped off" which would automatically result in a better grade. The Respondent ultimately proved unable to account for the proceeds of the money generated by the various fund raising projects outlined above and caused resulting concern to the various witnesses testifying on behalf of the Petitioners. Miss Castillo estimated that at least $1,700 had been placed in the Respondent's custody, exclusive of the $368 which she had given to Coach Joyner and which was apparently not accounted for either. Even by the Respondent's own admission he received at least between $900 and $1,100 from these fund raising projects that school year. The testimony of Miss Castillo and other witnesses establishes that the Respondent represented that those monies were to held in a special account for the benefit of the Cagerettes and the basketball team. The Respondent by his own admission acknowledged that he told Miss Castillo that he would "possibly" place the monies in such an account. The Respondent did not have a bank account and did not customarily maintain one. He testified that he maintained a "strong box" used as a depository within his own home. The Respondent testified that he placed the subject money in a green plastic zippered bag (Respondent's Exhibit A) up until the time it was supposedly removed by persons unknown who, according to the Respondent, stole his car on or about February 8, 1981. The Respondent testified that he was about to go spend the night with a friend and put the subject zippered plastic bag or case into his car, went back into the house to get some more belongings and the car was stolen while he was inside. The car was not recovered until some days later and the money was gone, although the plastic bag remained in or returned to the Respondent's possession and was made Exhibit A in this proceeding. The Respondent did not demonstrate that any efforts were made to replace the money prior to his being prosecuted for its disappearance. He did not, for instance, establish that he made any effort to file a claim against his automobile insurance carrier in order to see that the students were recompensed. Ultimately, the State Attorney's Office for the Eleventh Judicial Circuit in and for Dade County, Florida, filed a one count felony Information charging the Respondent with grand theft. The victim in that case was alleged to be the Petitioner's chief witness, Miss Cynthia Castillo. The Respondent, in that criminal proceeding, never went to trial, offering instead to enter into an agreement with the State Attorney to go into the "pre-trial intervention program" which is apparently a sort of probationary status coupled with a court enforced reimbursement of at least $1,700 to the Dade County School Board. The entire scenario described above concerning the fund raising efforts, diversion of the funds generated by them and the Respondent's ultimate refusal or at least inability to account for the whereabouts of those funds and his ultimate criminal prosecution for diversions of the funds became a matter of knowledge of a number of students and parents at the school as well as Mr. Wycoff, Desmond Patrick Gray and other members of the Dade County School Board's administrative staff. It should be noted that although no conviction has been entered against the Respondent in the criminal proceedings referred to above, it has been established without question that he took the cash portions of the funds generated by the various above-described fund raising efforts into his possession, failed to properly account for them, failed to place them in a bank account and failed to deliver them over to Mr. Wycoff or other responsible authorities. He exhibited adequate knowledge of whom he should have delivered the funds to because he only retained the cash portions of the monies generated by each fund raising effort, turning over the non-fungible checks to those entitled to them.
Recommendation Having considered the foregoing findings of fact and conclusions of law, the evidence in the record, the candor and demeanor of the witnesses and the pleadings and arguments of counsel, it is, therefore RECOMMENDED: That with regard to case No. 81-2115, the petition of the School Board of Dade County against Ronald Miller, the Respondent, Ronald Miller, be dismissed from his employment with the School Board of Dade County and forfeit all back pay. It is, further RECOMMENDED: With regard to case No. 82-1234, the petition of the Education Practices Commission, Department of Education, Ralph D. Turlington, Commissioner against Ronald Miller, that Ronald Miller have his Florida teaching certificate No. 464113 permanently revoked. DONE and ENTERED this 22nd day of December, 1982 in Tallahassee, Florida. P. MICHAEL RUFF Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of December, 1982. COPIES FURNISHED: Michael J. Neimand, Esquire Attorney for School Board 3050 Biscayne Boulevard, Suite 300 Miami, Florida 33137 Craig Wilson, Esquire Attorney for Education Practices Commission 315 West Third Street West Palm Beach, Florida 33401 Sarah Lea Tobocman, Esquire 1782 One Biscayne Tower Two South Biscayne Boulevard Miami, Florida 33131 Dr. Leonard M. Britton, Superintendent Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132 Donald L. Griesheimer, Executive Director Department of Education Education Practices Commission The Capitol Tallahassee, Florida 32301 ================================================================= AGENCY FINAL ORDER (SCHOOL BOARD) ================================================================= SCHOOL BOARD OF DADE COUNTY SCHOOL BOARD OF DADE COUNTY, Petitioner, vs. CASE NO. 81-2115 RONALD MILLER, Respondent. /
The Issue This is a case in which the Petitioner seeks to suspend and terminate the Respondent's employment on the basis of allegations of misconduct set forth in a Notice of Specific Charges. The allegations of misconduct charge the Respondent with immorality, misconduct in office, incompetency, and conviction of a crime involving moral turpitude.
Findings Of Fact At all times material to this proceeding, the Respondent, Wilfredo D. Rivera-Carde, was employed by the School Board of Dade County pursuant to a professional service contract as a JROTC Instructor assigned to Miami Jackson Senior High School. During the course of his employment as a JROTC Instructor, the Respondent's students in the JROTC program included the following: T. F., S. G., I. R., E. P., and B. V. Of these, all but B. V. were females. At all times material hereto, the JROTC Instructors had their offices in a large room that was divided by large cabinets and other furniture into two offices. The back office was the Respondent's office. The back office was accessible via a passage way from the larger office occupied by the other two JROTC Instructors. The passage way was formed by tall cabinets on both sides. During the 1992-93 school year, I. R., who was at that time a female student enrolled in the JROTC program, was one of the JROTC clerks. In her capacity as clerk she was required to perform clerical duties in the Respondent's office on a frequent basis. When I. R. was performing those clerical duties, often the only other person in the back office was the Respondent. At all times material hereto, the School Board's employee conduct rule was in effect at Miami Jackson Senior High School. The rule provides that teachers must maintain a proper relationship with all of their students and prohibits inappropriate touching of students by teachers. The employee conduct rule is incorporated in the teacher handbook, a copy of which is provided to each teacher each year. Moreover, it is the practice of the Principal at Miami Jackson Senior High School to review the employee conduct rule with all teachers during orientation at the beginning of each school year and at faculty meetings throughout the year. During the course of the Petitioner's investigation of this matter, the Petitioner provided the information it had gathered to police authorities. In March of 1993 the Respondent was arrested on criminal charges filed by female students, T. F. and I. R. The criminal charges against the Respondent have since been dismissed by the Office of the State Attorney. For the reasons mentioned in the Preliminary Statement, in the Endnotes, and in the Appendix, the evidence in this case is insufficient to prove any of the allegations of misconduct set forth in the Notice of Specific Charges.
Recommendation On the basis of all of the foregoing, it is RECOMMENDED that the Dade County School Board issue a Final Order in this case dismissing all charges against the Respondent. DONE AND ENTERED this 5th day of October, 1994, at Tallahassee, Leon County, Florida. MICHAEL M. PARRISH 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 5th day of October, 1994.
Findings Of Fact The Respondent holds Florida Teaching Certificate 431123 issued by the Florida Department of Education including the subject areas of business education, mathematics and vocational education. During the 1981-82 school year involved in this proceeding, the Respondent was employed as a teacher at Brownsville Middle School in the Escambia County School District. The Petitioner is an agency of the State of Florida charged with licensing and enforcing the licensure standards embodied in its organic statute and rules and with regulating and enforcing the standards of professional practice of teachers licensed in the State of Florida, including the institution of disciplinary proceedings against teachers for alleged violation of those standards. During the month of April, 1982, the Respondent served as one of eight chaperones for the Pensacola High School senior class trip to various points of interest in the State of Florida, including Busch Gardens in Tampa. Transportation for the trip was provided by four busses with two chaperones assigned to each bus. While on the trip the group took a brief cruise off the east coast of Florida, visited the Kennedy Space Center on Saturday and returned to Tampa on Saturday afternoon. The group had dinner at the Kapok Tree Inn Restaurant on Saturday evening and then visited Busch Gardens on Sunday. The class then returned to Pensacola directly from Busch Gardens without staying overnight Sunday. They arrived back in Pensacola in the early hours of Monday morning. There were eight chaperones, three of whom were male. Senior student Joe Blake was among the students on the senior class trip. The Respondent knew Joe Blake prior to the senior class trip because she served as a substitute teacher during the Spring of 1979 for a class at Pensacola High School in which Joe Blake was enrolled. Deborah Greene is a learning disabilities teacher at Pensacola High School. She also served as a chaperone for the senior class trip and shared a hotel room with the Respondent. Prior to accompanying the seniors on their trip in April, 1982, Ms. Greene had never met the Respondent. Joe Blake rode the same bus that Ms. Greene and Ms. Holmes rode on the trip, and on which they served as chaperones. On the Saturday afternoon bus trip from the Kennedy Space Center to Tampa, Florida, the Respondent hugged Joe Blake by placing her arm around him while they were both standing in the aisle of the bus. This action was done in a joking, lighthearted manner at a time when both Blake and Respondent were surrounded by other students. The Respondent also sat with Joe Blake near the rear of the bus on the ride from Kennedy Space Center to Tampa. They were observed with two of their arms intertwined and listening to a large radio which they were holding across their laps. Petitioner's Exhibit 2B in evidence, shows that the Respondent took a nap for part of the bus trip across the state, and was photographed with her head resting on Joe Blake's shoulder. Upon arriving in Tampa on Saturday afternoon, the class and the chaperones had supper at the Kapok Tree Inn and thereafter returned to their hotel rooms. Both Ms. Greene and the Respondent spent a considerable amount of time that evening checking the student's rooms and monitoring the halls and ensuring that the students engaged in no misconduct, were not absent from their rooms and unaccounted for. Ms. Greene finally went to bed at approximately 2:30 a.m. Sunday morning and the Respondent went to bed sometime thereafter. On this evening Ms. Greene and the Respondent were sharing a hotel room. Respondent was not in the room when Ms. Greene went to bed. Ms. Greene testified that she awoke sometime later to sounds of kissing, moaning and other indistinct noises and she heard the Respondent say "Joe, quit, be quiet, be quiet." According to Ms. Greene, the Respondent was lying in a recumbent position on the bed with the student named Joe Blake. Ms. Greene believed that she was awake for about an hour and that she heard noises of what she assumed to be sexual intercourse during that time, describing the Respondent's tone of voice as "passionate." Ms. Greene awoke about 6:00 that morning and observed the Respondent leaving the room clad in her bathrobe. Joe Blake was asleep in the adjoining bed, unclothed from the waist up and covered otherwise. Ms. Greene went into the bathroom to get dressed and then stepped out into the hall, leaving the hotel room door partially open. Shortly thereafter Joe Blake got up and went to his room next door. At approximately that time, the Respondent explained to Ms. Greene that Joe Blake had come to her room, knocked on the door and she let him in to watch television, and that he had fallen asleep on her bed. The Respondent told Ms. Greene that she didn't know what to do about that so she just left him there explaining that she slept in a chair. The hotel room was in a darkened condition at the time Ms. Greene perceived the Respondent and Joe Blake in the room. Ms. Greene did not report the incident to anyone until the Spring of 1983, approximately one year later and on the occasion of a proposal to include the Respondent as a chaperone for the 1983 senior trip. Thus, at that time she discussed the matter with another teacher named Peggy Hess and ultimately reported the matter to Principal J. P. Cone, who obtained a written statement from Ms. Greene. Ms. Greene testified that she "really didn't know what to do about the situation." In any event, Ms. Greene was eventually questioned about the incident in September of 1983 by Pensacola High School Principal J. P. Cone. At that time she verbally related her observances to Mr. Cone and later provided him with a written Statement concerning the episode. After arising on Sunday morning, the senior class and their chaperones, including the Respondent and Dean Barbara Rose, another chaperone, visited Busch Gardens in Tampa. While Dean Rose observed the Respondent walking hand-in-hand with Joe Blake on one occasion while the class was visiting Busch Gardens, she did not consider that unusual under the circumstances. J. P. Cone, the Principal of Pensacola High School, received a report, concerning the incident involving the Respondent being observed holding hands with Blake at Busch Gardens, from Barbara Rose on September 13, 1983. Mr. Cone obtained a written statement from Debbie Greene concerning the incident in the hotel room on September 1, 1983. That written statement and the verbal statement made by Ms. Greene to Mr. Cone contained no reference to the fact that Ms. Greene allegedly heard sounds of sexual intercourse. An investigation was conducted by Mr. Cone and the Respondent ultimately was issued a reprimand. Mr. Cone also received a written report prepared by Margaret Hess, another chaperone on the trip which was introduced into evidence by Respondent. In that written statement, Ms. Hess acknowledged that she knew of the report made by Debbie Greene, but stated that she had observed nothing that would have indicated such an event had taken place based upon her observance of the Respondent and Joe Blake's conduct on the trip. Ms. Hess explained that she had seen the Respondent with Joe Blake and other students at Busch Gardens and observed them holding hands on one occasion but had not considered that in itself unusual. The Respondent is a 35-year old woman with two teen age sons. She took the stand in her own defense and stated that she had no contact of a romantic nature with Joe Blake, explaining that she considered such conduct ridiculous since she was approximately 17 years his senior. Ms. Holmes described Joe Blake as banging on the door of her hotel room and creating a disturbance on the night in question. When she opened it he appeared to be intoxicated. She maintains that although he made an advance and attempted to kiss her or hug her, including pulling her down beside him on the bed, that this was at his behest and not hers and that she resisted and discouraged his conduct immediately. Thereafter Blake fell asleep for the remainder of the night, and she stated that she spent the remainder of the night sleeping in a chair. She told the other chaperones the next morning that Blake was asleep in her room so that they would not be concerned about his whereabouts. Charles Franklin Beall is a minister at Trinity Presbyterian Church in Pensacola, Florida. The Respondent has been his parishioner for approximately twelve and one-half years and she has a good reputation in the community for truthfulness. Lucy Mitchell, an Occupation Placement Specialist at Pensacola High School has known the Respondent for approximately seven years and considers her to be "highly respected." Aside from the disciplinary measure of a reprimand imposed by Principal Cone, concerning this incident, the Respondent was not shown to have ever been subjected to disciplinary action in the past.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence of record and the candor and demeanor of the witnesses, it is, therefore RECOMMENDED that the Administrative Complaint should be DISMISSED. DONE and ENTERED this 20th day of December, 1984 in Tallahassee, Florida. P. MICHAEL RUFF 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 20th day of December, 1984. COPIES FURNISHED: J. David Holder, Esquire Post Office Box 1694 Tallahassee, Florida 32302 Philip J. Padovano, Esquire Post Office Box 873 Tallahassee, Florida 32302 Donald Griesheimer, Executive Director Education Practices Commission The Knott Building Tallahassee, Florida 32301 Honorable Ralph Turlington Commissioner of Education The Capitol Tallahassee, Florida 32301 =================================================================
