The Issue Whether Respondent should be terminated from her employment with the Seminole County School Board.
Findings Of Fact Mack has been employed by the School Board for six years. During the 2001-2002 school year, Mack was a school lunch assistant assigned to Seminole High School. Her immediate supervisor was John Caldwell (Caldwell). Mack received satisfactory evaluations of her work for Petitioner until April 2002, when she received an evaluation from Caldwell criticizing her in several areas. On April 12, 2002, a Friday, Mack was upset about her evaluation, showed her evaluation to fellow workers and loudly complained about her evaluation. She was becoming disruptive to the cafeteria operations. Caldwell called Mack into his office to discuss her behavior. She became loud, and Caldwell had to call the Assistant Principal. Mack was sent home. Caldwell did not tell her not to come back, and, at that time, did not tell her that he was going to recommend that she be terminated. On Monday, April 15, 2002, Mack called her workplace and said that she was sick and was going to the emergency room. On April 16, 2002, Mack called in and spoke to Janelle Harris (Harris), who was Caldwell's assistant. Mack told Harris that she had the flu and would not be coming to work. The policy for a food service worker at Seminole High School who was going to be absent from work because of sickness was that the worker was to call either Caldwell or Harris and notify them of the absence. The telephone in Caldwell's office has voice mail capabilities; thus, if Caldwell or Harris were not in the office, the sick employee was to leave a message on the voice mail. Caldwell and Harris were the only two persons who had access to the code to retrieve messages from the voice mail. On April 17, 2002, Mack was absent from work, but did not call in and give an explanation for her absence. Mack continued to be absent from work without calling in. On April 26, 2002, Mack came to the school office and picked up her paycheck. She did not go to the cafeteria and tell Caldwell or Harris why she had not been at work. Learning that Mack had gone to the school to pick up her check, Caldwell called Mack at her home. Mack told Caldwell that she had called in and left a voice mail. No messages were left on the voice mail by Mack between April 17 and April 26. Caldwell explained to Mack that she was required to call in unless she was in the hospital or could not talk. Daniel Andrews (Andrews), the Director of Food Services, prepared a letter to be sent to Mack under Caldwell's signature. The letter, dated May 2, 2002, advised Mack that she had continued to be absent without calling in to notify Caldwell of her absence and to provide a reason for the absence. The letter further advised her that three days of absence without leave required a penalty of termination. Mack was requested to contact Caldwell by noon on May 7, 2002, or the case would be referred to Andrews. Mack did not receive the letter until May 8, 2002; however, she never contacted Caldwell concerning the letter. By letter dated May 10, 2002, Andrews advised Mack that because of her continued absences without leave and her failure to provide justification for her absences that he would be requesting that her termination be recommended to the School Board. Mack received this letter on May 18, 2002. By letter dated May 20, 2002, Paul Hagerty, Superintendent of Public Schools for the School District of Seminole County, Florida, advised Mack that he would be appearing before the School Board on May 28, 2002, and recommending that she be suspended without pay. He further advised her that at the June 11, 2002, School Board meeting he would file a recommendation that her employment be terminated effective June 12, 2002. Mack contacted Andrews by telephone and left a voice mail. On May 21, 2002, Andrews returned her call, and Mack told him that she had gotten the voice mail when she tried to call Caldwell but did not leave any messages. Andrews would have accepted a reasonable explanation from Mack for her absences when she talked to him on May 21, but she did not provide any plausible reason for not notifying Caldwell of her absences nor did she ever provide any documentation from a doctor that she had been ill during her absences. Mack told Andrews that she did not care if her employment was terminated. By letter dated May 25, 2002, Mack requested a hearing on the decision to terminate her employment. Mack did not request a hearing concerning the recommendation for her suspension. On May 28, 2002, the School Board suspended Mack, effective May 29, 2002. Mack had a job at a local barbeque restaurant during the evening hours. While she was absent from her job at Seminole High School, she continued to work at the barbeque restaurant. The Non-Instructional Personnel of Seminole County Board of Public Instruction, Inc., and the School Board have entered into a collective bargaining agreement, effective July 1, 1997, through June 30, 2002, covering the wages, hours, and the terms and conditions of employment of the public employees within the bargaining unit. The collective bargaining agreement applies to Mack's employment with the School Board. Article VII, Sections 5, 11, and 15 of the collective bargaining agreement provide: Section 5. Regular employees who have been hired for a minimum of three (3) continuous years (without a break in service) shall not be disciplined (which shall include reprimands), suspended or terminated except for just cause. * * * C. An employee may be suspended without pay or discharged for reasons including, but not limited to, the following providing just cause is present: * * * 10. Improper use of sick leave. Section 11. Absence Without Leave Employees will be considered absent without leave if they fail to notify their principal, appropriate director or supervisor that they will be absent from duty and the reason for such absence. Absence without leave is a breach of contract and may be grounds for immediate dismissal. Section 15 Employees shall report absences and the reason for such absences prior to the start of their duty day in accordance with practices established at each cost center. An employee who has been determined to have been AWOL shall be subject to the following progressive discipline procedures: 1st Offense--Written reprimand and one day suspension. 2nd Offense--Five day suspension without pay. 3rd Offense--Recommend for termination. The School Board interprets the collective bargaining agreement to mean that each day an employee is absent without leave is a separate offense. At no time did the School Board issue Mack a written reprimand, one-day suspension, or a five- day suspension prior to her termination, as set forth in Section 15 of the collective bargaining agreement.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finding that Dorothy Mack was absent without leave, suspending her for one day, and issuing a reprimand. DONE AND ENTERED this 10th day of April, 2003, in Tallahassee, Leon County, Florida. SUSAN B. KIRKLAND 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 10th day of April, 2003. COPIES FURNISHED: Thomas L. Johnson, Esquire Chamblee, Johnson & Haynes, P.A. 215 West Verne Street, Suite D Tampa, Florida 33606 Sandra J. Pomerantz, Esquire Seminole County School Board 400 East Lake Mary Boulevard Sanford, Florida 32773-7127 Daniel J. Woodring, General Counsel Department of Education 325 West Gaines Street, Room 1244 Tallahassee, Florida 32399-0400 Dr. Paul J. Hagerty, Superintendent Seminole County School Board 400 East Lake Mary Boulevard Sanford, Florida 32773-7127 Honorable Jim Horne Commissioner of Education Department of Education 325 West Gaines Street Turlington Building, Suite 1514 Tallahassee, Florida 32399-0400
The Issue The issue in this case is whether just cause exists to impose sanctions against Respondent, Winston Northern (“Northern” or the “Teacher”), up to and including revocation of his Educator’s Certificate.
Findings Of Fact The Florida Education Practices Commission is the state agency charged with the duty and responsibility to revoke or suspend, or take other appropriate action with regard to Florida Educator Certificates, as provided in sections 1012.795 and 1012.796(6), Florida Statutes (2016). The Commissioner of Education is charged with the duty to file and prosecute administrative complaints against individuals who hold Florida Educator Certificates and who are alleged to have violated standards of teacher conduct. § 1012.796(6), Fla. Stat. (2016) At all times relevant hereto, Northern held a Florida Educator Certificate and was employed as a teacher in the Duval County School System, teaching at A. Philip Randolph Academy of Technology, a charter school within the Duval County school system (and referred to herein as the “School”). On October 30, 2013, L.E. was a ninth-grade male student in the Teacher’s fourth period class, Introduction to Information Technology. L.E., who had a history of misbehaving in class, was one of 25 students in class on that day. The facts of this case read like A Tale of Two Cities; “It was the best of times, it was the worst of times.” Although the duration of the incident in question was very short, and the location where it occurred was limited in size, the disparity in the testimony of eye witnesses could not be greater. For some, there was clearly an egregious event precipitated by the Teacher’s actions. For others, there was only a minor disruption of class with little significance. Few of the witnesses seemed to have a clear memory of the events that transpired that day, as evidenced by the contradictory and imprecise testimony evoked at final hearing. The Commissioner’s View Mrs. Byrd (formerly Ms. King) was the School’s “computer technology coordinator.” She would often come into Mr. Northern’s classroom because most of the School’s computer- related supplies were kept in a closet in that classroom. Mrs. Byrd came into Mr. Northern’s room on October 30, 2013, to get some IT supplies out of the closet. As she exited the classroom, Mrs. Byrd saw a woman walking quickly towards the classroom door; the woman appeared to be very agitated. Mrs. Byrd asked the woman (later identified as T.E., L.E.’s mother, and also referred to herein as the “Mom”) if she needed assistance. Mrs. Byrd noticed that the woman was not wearing a Visitor’s badge, as required by school rules. The woman said she did not need any help and that Mr. Northern had called her to come and deal with her son’s behavior issues. At that point, Mr. Northern opened the door and ushered T.E. into the classroom, indicating to Mrs. Byrd that it was “okay.” Mrs. Byrd followed them back into the classroom. T.E. immediately made a beeline to where her son, L.E., was sitting. Mrs. Byrd remembered T.E. physically attacking her son as she yelled profanities at him. The beating, with fists and open hands to L.E.’s face, lasted “a long time.” Mrs. Byrd initially estimated it to be about a minute and a half in length, but later agreed that it was probably about 15 seconds in duration. During the time that L.E. was being physically attacked by his mother, Mr. Northern did not intervene. Mrs. Byrd was in shock at what she was witnessing. At some point, Mrs. Byrd recovered from her shock and began to shout Mr. Northern’s name over and over to get his attention. Mr. Northern then directed the Mom and L.E. out into the open area outside the classroom. A student told Mrs. Byrd she “needed to do something” after L.E., his mom and Mr. Northern left the room. She obtained L.E.’s name from a student so that she could report the incident. Once outside the classroom, T.E. continued to berate both L.E. and Mr. Northern. At that point, Mrs. Byrd (who had walked out of the classroom sometime after the others) walked towards the elevator which was located just across from the classroom. As she neared the elevator, she met Mr. Lewis, the principal at the school. She indicated to Principal Lewis that she needed to talk to him about something important, i.e., the incident she witnessed in Mr. Northern’s classroom. However, Principal Lewis heard the Mom cursing loudly at T.E. and instead of talking to Mrs. Byrd, he went to speak to the Mom. Mrs. Byrd entered the stairwell next to the elevator and went downstairs. Principal Lewis explained to the Mom that the language she was using was not allowed on campus and that she needed to calm down. She did so. T.E. then took her son downstairs and presumably signed him out of school for the remainder of the day. Mr. Northern did not indicate to Principal Lewis that there had been a problem of any kind in the classroom. Principal Lewis’ testimony overall was not persuasive. He seemed very unclear as to how the events unfolded and seemed to contradict other, more believable witness testimony. Mrs. Byrd was upset by the incident and immediately called the abuse hotline at the Department of Children and Families (“DCF”) to report the incident. DCF advised Mrs. Byrd to notify administration at the School about the incident. Mrs. Byrd contacted the assistant principal, Mrs. Peeples, but not until the next day. Mrs. Peeples asked Mrs. Byrd to provide a written statement about the incident and Mrs. Byrd prepared the statement. At about 4:15 p.m. on the day of the incident, Mrs. Peeples allegedly received a telephone call from the parent of one of the other students in Mr. Northern’s class. The student had purportedly told his/her parent a fellow student, L.E., had been severely beaten by his mother in the presence of the entire classroom. Based on that call, Mrs. Peeples contacted Principal Lewis to tell him what she had heard from the parent. Principal Lewis remembered that he, not Mrs. Peeples, received the parent’s phone call on that day. He also remembered talking with Mrs. Peeples about the incident and that she recounted her conversation with Mrs. Byrd. Mrs. Byrd, however, said she did not talk to Mrs. Peeples about the incident until the following day. Therefore, who talked to whom and when the conversations occurred are not completely clear from the testimony provided. Principal Lewis contacted Mr. Northern and told him they needed to talk, so Mr. Northern later stopped by Mr. Lewis’ office. A short conversation was held, but Mr. Northern did not say that the Mom had physically attacked her son in the classroom. Mr. Northern did not remember being summoned to Principal Lewis’ office, but remembered talking briefly to him in the breezeway on the first floor of the School. The School gathered statements from six of the 25 children in Mr. Northern’s classroom that day. Three of the statements were not signed and did not clearly indicate who had written them. Mrs. Peeples, who decided which students to ask for statements and was present as each child wrote his or her statement, could not--on the day of final hearing--identify the authors of the unsigned statements. Mrs. Peeples’s testimony was credible, but not substantively helpful. Some of the students’ hearsay statements seem to confirm what Mrs. Byrd reported; some do not. From the affirming statements came these remarks: “His mom came up there and kept punching [L.E.] in the face.” (K.B.) “His mom had just started beating on him.” (W.W.) “[His] mother just started hitting him in the face.” (J.W.) “A mom . . . came in and was very angry, very verbal about her anger and started hitting her son and yelling.” (Unsigned) “[L.E.’s] mom started hitting him.” (Unsigned) None of the hearsay statements were particularly credible as they are all unverified and without information as to the author. The Teacher’s View On October 30, 2016, L.E. was engaged in playing a very violent video game on a classroom computer in Mr. Northern’s classroom. L.E. had accessed the game by way of a “modified” thumb drive which made his actions undetectable by school administration, which may have been monitoring the computer. Mr. Northern told L.E. to put the game away, because it was prohibited by school policy. Further, a school assembly had been held recently wherein the consequences for playing such video games were announced, i.e., five days suspension from school and 45 days restriction from use of school computers--at least that was Mr. Northern’s description of the events at final hearing. In his deposition (taken on July 18, 2016), Mr. Northern said the issue with L.E. was that L.E. was “playing video games” instead of logging on to the appropriate website. He made no mention of the nature of the video games or that they were violent or prohibited by school policy, only that L.E. was told three times to stop playing videos and log on to the website as directed. After the third warning, Mr. Northern decided to call in reinforcements, to wit: L.E.’s mom. It was customary for Mr. Northern to call L.E.’s mom or Dean Lapkin, a school administrator, when L.E. would act out in class or fail to stay focused on his work. Mr. Northern said L.E. was a bright student, very versed in computer skills. He had a lot of potential, but was very often off-track and off-task. When L.E. refused to comply with instructions, Mr. Northern would call T.E. and have her talk with her son. That was usually enough to get L.E. back on track. Principal Lewis confirmed that calling a student’s parent was an acceptable method for dealing with recalcitrant students. On the day in question, Mr. Northern finally pulled L.E. off the computer (whether for playing video games despite being warned three times or for playing forbidden violent video games) and telephoned L.E.’s mother. Mr. Northern said at final hearing that he had first contacted Dean Lapkin to see if L.E. might be released from the prescribed discipline for watching violent video games on campus. Dean Lapkin said the discipline was to be imposed, that Mr. Northern should write a referral and he, Lapkin, would make the call to L.E.’s mom. But somehow Mr. Northern determined that the dean was too busy to call T.E., so Mr. Northern called the Mom himself. Mr. Northern said he received the Mom’s telephone number from Dean Lapkin that very day, but that statement flies in the face of his prior testimony that he had called the Mom several times in the past about L.E.’s behavior. (This sort of discrepant testimony severely clouds the facts in this case.) As Mr. Northern was talking to the Mom, she put him on hold to take another call, reputedly from Dean Lapkin. When she returned to the phone call with Mr. Northern, the Mom said she was already at the School. In his deposition, Mr. Northern said that he called T.E. immediately, i.e., there was no mention of calling the dean first, and that she arrived at the School as they talked. Mr. Northern anticipated receiving a call from downstairs for him to send L.E. down to the Guidance Office to check out, or, possibly, that the Mom would be escorted to his classroom to get L.E. Instead, a few minutes after Mr. Northern completed his call to T.E., she appeared in his classroom. Mrs. Byrd had just left the room, so Mr. Northern assumed she had let T.E. into the room (as the door is generally locked). However she gained entrance, Mr. Northern heard L.E. say to someone, “Bitch, what you gonna do now?” and turned around to see T.E. racing toward L.E., cursing loudly. Mr. Northern testified that he “tried to rush over” to intercept the Mom before she got to L.E. He stated that he was able to get between the two and fend off the Mom’s attempts to hit her son. As far as he knew, the Mom never landed any blows on L.E. Mr. Northern did not remember anyone in the classroom saying anything to him during the confrontation. After some unspecified amount of time, Mr. Northern escorted T.E. and L.E. outside the classroom into the hallway area. The Mom continued haranguing her son in that area until Principal Lewis intervened. One student’s statement seems to confirm Mr. Northern’s comments: The student wrote, “Mr. Northern call [L.E.] to his desk then his mom came and took him out of the classroom.” At final hearing, Ms. Williams, a former student who was present on the day in question, remembered the Mom slapping at L.E. but could not remember if the Mom ever made contact. Hearsay evidence at final hearing presented by Mrs. Byrd, uncorroborated but not objected to, indicates that during the DCF investigation L.E. had reported that his mom never hit him, but neither L.E. nor T.E. testified at final hearing to verify what actually happened. According to Mr. Northern and at least two of the students, Mrs. Byrd was not in the classroom during the confrontation between L.E. and his Mom. Mr. Northern did speak to Principal Lewis at some point after the incident. According to Mr. Northern, they met in the breezeway on the first floor for a few moments. Principal Lewis maintained that he called Mr. Northern to his office to talk about the incident later on the day it happened. Mr. Northern’s testimony was not persuasive as to the specifics of his meeting with Principal Lewis. Other Factors in the Dispute The Mom’s physical size was discussed by three witnesses. Mrs. Byrd described her as being “bigger than me.” (Mrs. Byrd is approximately five feet, two inches tall and stout in stature.) Ms. Williams said the Mom was about five feet, four inches tall and “not that big.” Mr. Northern said she was about five feet, one inch tall and weighed about 102 pounds. L.E. was a ninth-grade student and was sort of slight in stature. Mrs. Byrd said the Mom did not have a Visitor’s badge on her person. She could not remember what the Mom was wearing on that day, but did not see a badge. Mr. Northern said the Mom was wearing a halter top and tight jeans that day, totally inappropriate clothing under the student dress code (as he initially thought T.E. was a student). She did have a Visitor’s badge but, with no place to put it on her clothes, she had it in her purse. Neither party presented the Visitor’s log for that day to substantiate whether T.E. had registered or not, so we shall never know. It is interesting that Principal Lewis never asked T.E. about a Visitor’s badge. There were allegedly three investigations done concerning the alleged incident: One by the school; one by DCF; and one by law enforcement. None of the investigative reports (or their ultimate findings) was introduced into evidence in order to substantiate either party’s position. It was not mentioned whether photographs were taken of L.E. to ascertain bruising or other injuries from the alleged beating. So, again, we shall never know. After the investigations were concluded, Principal Lewis did not “trespass” the Mom from coming on campus in the future, even though he had authority to do so if warranted.1/ Neither the Mom nor L.E. was called to testify or bring some clarity to the matter at hand. Presumably they would have confirmed the position of one side or another in this matter, but again we shall never know. Nor was Dean Lapkin called to verify his involvement in the situation. Mr. Northern served as a teachers’ union representative at the School. He has brought complaints to Principal Lewis on numerous occasions as part of his duties in that role. Mr. Northern has also brought direct complaints to Principal Lewis regarding computer equipment issues in his own classroom. The two men have a “history” outside the present dispute. In fact, just about two weeks prior to the alleged incident, Mrs. Byrd wrongfully removed ten computers from Mr. Northern’s classroom, forcing him to have Principal Lewis intervene to have the equipment returned. The Amended Administrative Complaint in this matter contains four counts: Count I is a general count alleging that Mr. Northern violated the Principles of Professional Conduct for the Education Profession; Count II alleges Mr. Northern’s failure to protect a student from conditions harmful to learning or to the student’s mental health and/or physical health and safety; Count III alleges intentional distortion of facts concerning an event; and Count IV alleges failure to maintain honesty. What the unrefuted evidence at final hearing proved is this: Mr. Northern was teaching his class on October 30, 2013. L.E. was a student in that class. L.E.’s mother came to the classroom cursing loudly and took L.E. away. Mrs. Byrd had been in the classroom in close proximity to L.E. as he was being removed from the classroom by his mom and/or Mr. Northern. Mrs. Byrd reported an incident to DCF and to the School administration. Mr. Northern discussed the matter with Principal Lewis. “Tis a far harder decision I make in this case than I have ever made . . .,” at least as to what actually transpired that fateful day in Mr. Northern’s classroom. The conflicting and unclear stories delivered by the key players in this incident (minus the two primary protagonists), does little to explain what actually happened on that day. Based on the totality of the conflicting testimony, it is likely that T.E. came into the classroom and accosted her son. The finer details of what she did, however, seem to be forever lost.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by Petitioner, Pam Stewart, as Commissioner of Education, dismissing the Administrative Complaint against Respondent, Winston Northern. DONE AND ENTERED this 15th day of November, 2016, in Tallahassee, Leon County, Florida. S R. BRUCE MCKIBBEN 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 15th day of November, 2016.
The Issue The basic issues in these consolidated cases are whether the Respondent should be dismissed from his employment as a school teacher in the Broward County School District and whether his Florida teaching certificate should be disciplined based upon substantially similar charges filed by the respective Petitioners. Petitioners allege that the Respondent conducted himself improperly on three separate occasions with three different female students. The Petitioner School Board of Broward County seeks the Respondent's dismissal pursuant to Section 231.36, Florida Statutes, on the basis of allegations that the Respondent is guilty of: (a) immorality, (b) misconduct in office, and moral turpitude. The Petitioner Betty Castor seeks to discipline the Respondent's Florida teaching certificate pursuant to Section 231.28, Florida Statutes, on the basis of allegations that the Respondent is guilty of: (a) gross immoral-ity or an act involving moral turpitude, (b) personal conduct which seriously reduces his effectiveness as an employee of the School Board, and (c) violations of the code of conduct for educators in the State of Florida. The Respondent denies any misconduct.
Findings Of Fact Facts stipulated to by all parties The Respondent, Wayne N. Bailey, holds Florida teaching certificate 478398, covering the areas of Science, Biology, and Physical Education, which is valid through June 30, 1995. At all times pertinent to these consolidated cases, the Respondent was employed as a teacher and coach at South Plantation High School in the Broward County School District, and was so employed since 1980. The Respondent holds a continuing contract as a classroom teacher. Virgil L. Morgan, is the Superintendent of Schools for Broward County, Florida. Facts established at the hearing Facts regarding the student J.F. 1/ During the 1987-1988 school year, a female student named J.F. was a student in the fifth period Biology class taught by the Respondent. J.F. was a student in that class for the entire school year. During the first half of the school year she sat in the front of the classroom. Sometime during the 1987-88 school year, J.F. reported to the school authorities that the Respondent had passed a note to her in class containing words to the effect that the Respondent thought she was a bright girl, that he wanted to get to know her better, and requesting her telephone number. The record in this case lacks persuasive evidence that the incident reported by J.F. actually occurred. 2/ Facts Regarding the Student C.P.C. 3/ During the first half of the 1987-88 school year, a female student named C.P.C. was a student in the second period Biology class taught by the Respondent. One evening after a football game at South Plantation High School, C.P.C. was sent to get some ice from a locked concession stand. When she got to the concession stand, she saw the Respondent holding something that she believed contained beer. 4/ On several occasions thereafter, C.P.C. joked with the Respondent to the effect that she had seen him with beer in the concession stand. Towards the end of the first semester of the 1987-88 school year, in conjunction with seeking a transfer out of the Respondent's class, C.P.C. reported that the Respondent had offered to provide her with beer and had invited her to drink beer with him at his house. The record in this case lacks persuasive evidence that the offer and invitation reported by C.P.C. actually occurred. 5/ Facts Regarding the Student L.H. 6/ During the 1989-1990 school year, a female student named L.H. was a student at South Plantation High School. During that school year, L.H. was in the twelfth grade. She was never a student in any class taught by the Respondent, and prior to the incident described below she had had very little contact with the Respondent. During the 1989-90 school year, L.H. was a member of the girl's varsity basketball team. The incident described below occurred on an afternoon in early January (probably January 3) of 1990, prior to a home basketball game that was played on the campus of South Plantation High School. Because there was a basketball game later that day, on the day in question L.H. remained on the school grounds when classes were over at 2:35 p.m. Two other students stayed on the campus with her, D.G. 7/ and S.M. 8/ Sometime after 3:00 p.m., but before 4:00 p.m., L.H. wanted to go to the coaches' office inside the gymnasium in order to get some fruit from her gym bag. She and her two student companions went to the gymnasium and found that it was locked. The three students began to knock on the door. Shortly thereafter, the Respondent came to the door and asked why the students wanted to come into the gymnasium. After L.H. explained what she wanted, the Respondent allowed her to enter and then closed the gymnasium door, leaving the other two students outside the gymnasium door. Again, the gymnasium door was locked. L.H. entered the coaches' office inside the gymnasium and proceeded to retrieve her gym bag. The Respondent followed her into the coaches' office and closed the door to the office behind him. Thereupon, the Respondent approached L.H., began trying to fondle her body, began kissing her, and while doing so succeeded in partially unbuttoning the top of L.H.'s jump suit and pulling it down over her shoulder. The Respondent then lifted L.H.'s bra, exposing her breast, whereupon he rubbed her breast with his hands and then placed his mouth on her breast and sucked hard and/or bit on her breast. During the course of this activity the Respondent also unzipped his pants, removed his penis from his pants, and then pushed one of L.H.'s hands until it was in contact with his penis. The Respondent also attempted to get L.H. to lie down on a desk in the coaches' office. During the course of the activities described immediately above, the Respondent was speaking to L.H. encouraging her to consent to sexual intercourse, while she was asking him to stop and struggling to free herself from his clutches. Shortly after the commencement of the activities described above, the two students who had remained outside began to knock loudly on the locked gymnasium door. Shortly after the knocking began, the Respondent released L.H., zipped up his pants, sat down, and pretended to be talking on the telephone. He then said to L.H., "this will be our secret, just between me and you." As soon as the Respondent released her, L.H. rearranged her clothes, left the coaches' office, and then left the gymnasium. When she met D.G. and S.M. outside the gymnasium, L.H.'s hair was messed up and it appeared to both D.G. and S.M. that something was bothering L.H. D.G. proceeded to ask L.H. several times what was bothering her. Because she was embarrassed, frightened, and confused, L.H. did not tell D.G. or S.M. what had happened until sometime later. Later that same evening, L.H. called D.G. on the telephone and told him in detail what the Respondent had done to her in the coaches' office. L.H. did not report the Respondent's conduct to school authorities until February 28, 1990, during the course of an interview by her school guidance counsellor. Her delay in reporting the matter to school authorities was due to her embarrassment and to her concern that the school authorities might not believe her word over that of a teacher. The Respondent's effectiveness as an employee of the Broward County School Board has been seriously diminished by the incident involving L.H.
Recommendation Based on all of the foregoing, it is RECOMMENDED that final orders to the following effect be entered in these cases: In Case No. 90-3615, a final order should be entered concluding that the Respondent is guilty of "immorality" and "misconduct in office" within the meaning of Section 231.36(4)(c), Florida Statutes, and terminating the Respondent's employment with the Broward County School Board. In Case No. 90-6154, a final order should be entered concluding that the Respondent is guilty of "gross immorality or an act involving moral turpitude," of conduct "which seriously reduces that person's effectiveness as an employee of the school board," and of conduct violating paragraphs (a) and (e) of subsection (3) of Rule 6B-1.006, Florida Administrative Code, within the meaning of Section 231.28(1)(c), (f), and (h), Florida Statutes, and permanently revoking the Respondent's teaching certificate. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 3rd day of December 1991. 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 3rd day of December 1991.
