Findings Of Fact The Respondent was a noninstructional employee of the School Board of Date County, Florida at all times material hereto, and was assigned to Thomas Jefferson Junior High School as a teacher's aide. The Respondent has six years' experience as a teacher's aide with the Dade County School System. He has a high school education and thirteen months of college, as well as twelve months of technical training, including studies in psychology. The Respondent has never, in all the time he has been employed in the Dade County School System, had any complaints lodged against him for aggressive or violent conduct and has never been previously involved in an incident in which he struck a student, although on one occasion he had to defend himself when a student attacked him. On September 22, 1980, the Respondent escorted some students to a physical education class on the school athletic field. While he was attempting to get the complaining student, Jose Velez, to return to the classroom, that student threatened him with violence and ultimately physically attacked the Respondent. Mr. Turnquist had to restrain the student and escort him to the school office for imposition of disciplinary measures regarding his behavior. The Petitioner's first witness, Gloria Randolph, is the Assistant Principal for Curriculum and Teacher Morale. She supervises the Exceptional Student Department, as well as the teachers' aides, and is acquainted with the protagonists in the subject incident. She observed the Respondent enter the school office with the student, Jose Velez, conversing in loud voices, both the Respondent and Velez appearing quite agitated. The Respondent told her that he "brought this boy up here and want something done about it." The Respondent and the subject student, at that time, were standing about five feet apart. She stepped between them, but the student kept advancing and she had to shove him back repeatedly. The student, Velez, acting in an aggressive, mocking manner, urged the Respondent to hit him, and threatened him with bodily harm. The tension between the two kept increasing, with the ultimate result that the Respondent struck the student with a light blow to the cheek. According to both Petitioner's witnesses, the student seemed relieved at that point and immediately calmed down. Witness Randolph acknowledged that the Respondent exercised good judgment, up until the point of striking the student, because he followed appropriate procedures in bringing the student to the office for disciplinary measures to be taken, and did not indulge in an argument with the student, although she did feel it was poor judgment for him to strike the student. The student, Jose Velez, is at least six feet in height and is considerably taller than the Respondent. Petitioner's witness, Marilyn Mattran, a teacher at Jefferson Junior High School, who was in the office and observed the subject altercation, established that Velez repeatedly threatened the Respondent with physical harm and that the student engaged in most of the yelling and in the aggressive behavior she observed. She corroborated the fact that when the Respondent actually struck Velez, that he immediately calmed down. She also corroborated the testimony of witness Randolph, as well as the Respondent's witness, Leah Alopari, that Jose Velez is an emotionally disturbed student who has an extensive history of aggressive, violent behavior and has made a practice of threatening students and teachers with physical violence and harm, even to the extent of threatening the use of a deadly weapon. He has, on occasion, done physical violence to other children. These three witnesses all acknowledged that the Respondent has never in the past, in their experience, demonstrated poor judgment in his conduct toward and transactions with students or teachers. Leah Aloari is the Respondent's supervising teacher. Jose Velez was one of her students, and she corroborated the fact, demonstrated by the other witnesses, that this particular student was aggressive, difficult to control and prone to engage in violent behavior. The Respondent assisted her in helping discipline her students, with the academic program and in escorting children to and from lunch, classes and the athletic field. She has never observed the Respondent engage in violent behavior in his relations with teachers or students, nor commit an act which exhibited poor judgment or misconduct in the course of his duties. As indicated above, the Respondent has had an exemplary record in his six years with the Dade County School System. Jose Velez, on the other hand, has been a constant disciplinary problem as acknowledged by the Petitioner's and Respondent's witnesses. The Respondent has a chronic neck injury involving a pinched nerve in the neck, and genuinely believed himself to be in danger of physical assault and harm by Velez when the incident occurred in the office. He believed it unwise to retreat in the fact of Velez's threats and aggressive advance upon him because he felt Velez was about to physically attack him. The Respondent did not feel that the other teacher and the Assistant Principal, who were the only other persons in the office at the time, could have restrained or adequately controlled Velez alone if he had retreated. There is no question, especially in view of the fact that the Respondent had already been assaulted by the student on the athletic field, that he genuinely believed that the situation called for him taking steps to defend himself. His act of self-defense in striking the student was itself marked by some restraint in the sense that he withheld striking the student with as much force as he was capable of. There is no evidence that he caused any permanent harm to the student. Indeed, even the Petitioner's witnesses established that it had the beneficial effect of calming the student down and preventing any further violent conduct on his part or possible injury to the students, the Respondent, others present, or possible damage to the Petitioner's property in the immediate vicinity. The undersigned considers it significant also that the student, although initially complaining of the Respondent's action, did not appear and testify at the hearing in furtherance of his complaint against the Respondent and that there was no significant physical injury inflicted upon Velez.
Findings Of Fact The Respondent Bain holds Florida teaching certificate number 480711, issued by the Department of Education, covering the area of music education. During the 1981-1982 school year, the Respondent was employed as a permanent substitute teacher by the Dade County School District to teach music education at Miami Jackson Senior High School. On May 21, 1982, the Respondent's students at Miami Jackson held a surprise birthday party for the Respondent. The party began during the first period and concluded during the lunch hour. Punch, cake and cookies were officially served at the party which took place in the chorus room. During the course of the party, at least one student brought an alcoholic beverage into the Respondent's classroom. The Respondent became aware of the alcohol when he smelled it. Since he didn't know who had the alcohol, the Respondent told his class that "whoever has it, get it out of here because its serious consequences for you." (Tr.90) The Respondent believed that the problem had been solved by his warning since the alcohol smell subsided. While the birthday party was in progress, a female student, Ophelia Garcia, entered Respondent's classroom and joined the party. Although Ophelia was not a student in any of the Respondent's classes, he wrote her a pass so that she could attend the party. Approximately ten minutes following her arrival at the party, Ophelia became ill and had to be physically assisted from the classroom. The Respondent ordered two or three students to take Ophelia to the clinic; unknown to him, however, the students instead chose to take Ophelia to a bathroom. Ophelia eventually was taken to the school's administrative offices. She was described as totally intoxicated and the fire rescue squad was called to render assistance. Later that day, Percy Oliver, the principal, received a call from his area office concerning a complaint from parents regarding students becoming intoxicated during a party in the chorus room. Following this call, Oliver called the Respondent into his office and confronted him with the allegations that alcoholic beverages were present during the party. The Respondent repeatedly denied that any alcoholic beverages were present in his class during the party. Several days later, the Respondent admitted to Oliver that alcohol was in the classroom. Based upon the Respondent's failure to take reasonable efforts to eliminate alcoholic beverages from his classroom and his initial false answers to Oliver's questions, it was recommended that the Respondent's employment with the school district be terminated. Dr. Patrick Gray, executive director of the Division of Personnel Control, Dade County School District, held a conference for the record with the Respondent on August 16, 1982. During the conference, the Respondent admitted that Ophelia had become ill due to consumption of alcohol at the party; that he had used poor judgment in failing to personally assist Ophelia when she became ill; and that he had lied to his principal in order to protect students who were at his party. As a result of the conference, the Respondent was restricted from employment with the school district until November 1, 1982, and restricted from that date forward to teaching in a substitute capacity, with the proviso that his conduct would be closely monitored. As a permanent substitute teacher, the Respondent's employment automatically terminated at the conclusion of the 1981- 1982 school year. In Dr. Gray's professional opinion, the Respondent's actions were such that ". . .his integrity as a professional educator and. . .the integrity of the profession. . .had been impugned and, further, that his. . .failure to exercise proper responsibility. . .is such that the continued licensure of this individual. . .should have been. . .and was investigated." In his judgment, ". . .those actions did constitute sufficient cause to question his retention of a teaching license." (Tr.44) Norma Gandes and Reverend Michael Loomis testified as character witnesses for the Respondent. Both consider him truthful and trustworthy. Since June, 1982, the Respondent has worked for Reverend Loomis directing a church music program and serving as a church organist. Other than the incident in question, the Respondent has not been involved in any other disciplinary proceedings while employed as a teacher by the school board.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That the Education Practices Commission issue a Final Order finding the Respondent Alonzo Bain guilty of violating Rules 6B-1.06(3)(a) and (5)(a), Florida Administrative Code, placing a written reprimand in the Respondent's certification file as authorized by Section 231.262(7)(f), Florida Statutes. DONE and ENTERED this 6th day of January, 1984, in Tallahassee, Florida. SHARYN L. SMITH Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 6th day of January, 1984.
The Issue Whether Patrick M. Hill, Respondent, is guilty of immorality and misconduct in office as more specifically alleged in letters of April 6, 1990 and May 18, 1990.
Findings Of Fact At all times relevant hereto, Patrick M. Hill held a professional services contract with the Polk County School Board as a remediation teacher at Lakeland High School. He also served as wrestling coach and cross country coach at Lakeland High School. During the spring break of the 1989-90 school year, Respondent told some students they could earn some extra money if they helped him paint his house. Erik Greatens, an 18 1/2 year old senior, agreed to help, and he, with a 25 year old man, John, and Respondent, worked all day painting. Around noon that day when all were hot and thirsty, Respondent told them there was beer in his refrigerator. Both Erik and John accepted the offer. Erik had one beer. When they stopped painting around 5 p.m., Respondent told them he would order pizza if they wanted to return later. Erik accepted and went home to shower and change clothes. He returned around 6:30 p.m. and shared pizza with Respondent. Erik testified that he had only the one beer that day at Respondent's home and that his father permitted him to drink an occasional glass of wine at home. He did not drink beer or any other alcoholic beverage while at Respondent's home that evening. Around 8:30 p.m., Erik left Respondent's residence and went to the Publix parking lot to meet some friends. At the parking lot that evening with his friends, Erik consumed 11 or 12 cans of beer before driving the four or five blocks to his home. When he arrived, his mother was up and considered her son was inebriated and that he had received the beer at Respondent's home. At the time, Erik told her he had only the one beer at Respondent's home, but, from his condition, the mother was sure he had drunk more than one beer. The following day, Mrs. Greatens called the Superintendent's office to complain about Respondent providing Erik with beer. Based upon that complaint, Respondent was suspended from his position as teacher at Lakeland High School. The professional Practices Council of the State Department of Education was notified of the charge so they could institute an investigation to determine if Respondent's state certificate should be disciplined. To date, no charges have been brought by the Department of Education. Subsequently, Petitioner learned that Respondent had pleaded guilty in New Jersey to a charge of contributing to the delinquency of a minor in 1973. A copy of this court record was admitted into evidence as Exhibit 3. In 1973, Respondent was a tenured teacher in the school district of the Township of Pemberton, Burlington County, New Jersey. Charges were preferred against Respondent by the Board of Education, and an administrative hearing was held to determine if the charges and circumstances surrounding the charges warranted dismissal of Respondent from his position as a tenured teacher. Following that hearing, the hearing examiner submitted a report recommending the charge and evidence insufficient to warrant a dismissal or reduction in salary. The Commissioner of Education adopted the finding and recommendation of the hearing examiner. In the instant proceedings, Respondent testified to the facts regarding the 1973 incident. That testimony is essentially the same as found by the hearing examiner in 1973 reported in Exhibit 4 as follows: The testimony offered by the Superintendent of Schools and respondent's building principal was that respondent is a good teacher, as evidenced by his past evaluations, and his record has been unblemished since his employ- ment by the Board. This matter has been brought to the attention of the Commissioner solely because of an incident which occurred on March 8, 1972, and that incident alone is the basis for the Board's action. On the evening of March 8, 1972, respondent was returning to his home after working late at his school on some extra curricular project. The record shows that Respondent was very active in the school community, and that he coached sports activities, served on the executive board of the local P.T.A., and served as President of the Pemberton Township Police Athletic League, in addition to his regular teaching duties. Respondent testified that it was a rainy night. On his way home, he picked up a hitchhiker who told him that he had a job in north Jersey and was on his way to visit his father in the Tuckerton area (approxi- mately thirty miles away). Because of the late hour and the poor weather conditions, Respondent offered the hitchhiker a place to spend the night in his home and told him he would drop him off at the inter- section of Routes #9 and #37 the next morning on his way to school. The hitchhiker accepted the offer and spent the night in respondent's home. Respondent testified that he also offered the use of his telephone so the hitchhiker could call his father, but that he refused saying that he was not expected anyway. He testified fur- ther that nothing untoward happened that night and that he dropped the hitchhiker off at the named intersection the follow- ing morning on his way to school. Respon- dent did not know that the hitchhiker was a minor; neither his appearance, nor his conversation about holding a job in north Jersey, nor having a drink and avoiding the police, lead (sic.)Respondent to conclude that the hitchhiker was a minor. (Tr. 19-22) None of this testimony is refuted by the Board, nor were any witnesses pre- sented by the Board to give any other version about what allegedly occurred on the evening of March 8, 1972. The Board, however, grounds its action against Respondent on his subsequent arrest by the police and his later indictment by the Grand Jury of Ocean County. A change of plea to that indictment reads in pertinent part as follows: (P-1) The State moved under Rule 3:74 to amend the third count of the indictment to read `did contribute to the delinquency of a minor by permitting him to remain overnight without parental consent'. The Court so ordered. Patrick Hill sworn. (sic.) As a result of plea bargaining, the Defendant retracted his former plea of Not Guilty and entered a plea of Guilty to the amended third (3rd) count of [the Indictment). * * * In the hearing examiner's judgment, it would be wrong to speculate why Patrick Hill made the plea (P-1) rather than pursue some other defense of the original charges made against him. He testified that he made the change of plea because he did allow the youth to stay in his home overnight. Suffice it to say that he was represented by counsel and the record must now speak for itself. Respondent entered a plea of guilty (P-1) which the Commissioner must con- sider in making his determination. N.J.S.A. 2A:96-4 reads as follows: A parent, legal guardian or person having the legal custody or control of a child, who by any continued negligence or willful act, encourages, causes or con- tributes to the child's delinquency, or any other person who by any wilful act encourages, causes or contributes to a child's delinquency, is guilty of a misdemeanor. The hearing examiner found that the unrefuted testimony of respondent, and the absence of any proof of conduct unbecoming a teacher by the Board, leads to the conclusion that the only fact before the Commissioner is that respondent knowingly permitted a minor to remain in his home overnight without the consent of the minor's parents. Respondent testified without contradiction that he was told by his attorney that the conviction would be expunged and he could forget it. Accordingly, Respondent concluded, albeit erroneously, that he never would need to reveal this record. Respondent moved to Florida and was employed as a junior high school teacher at St. Joseph's School, Lakeland, Florida, from 1979 to 1986 when he was employed by the Polk County School Board to teach at Lakeland High School. While at St. Joseph's, Respondent continued his extracurricular activities similar to those in New Jersey coaching children in wrestling and track, and he was involved in national and statewide wrestling programs for children. When he started teaching at Lakeland High School, Respondent continued his coaching activities and his work with children. He has been involved with helping troubled adolescents at the Polk Correctional Institute, served on the Governor's Council on Health, Physical Education and sports, was awarded man of the year honors for the AAU Wrestling Division, took a group of young wrestlers to Germany two years ago (1988) in a cultural exchange program and coordinated a return visit of German youth wrestlers to Florida in 1989. Respondent has excellent rapport with his students and with the student's parents. The letters admitted into evidence in Exhibit 5 extolling the virtues of Respondent as a teacher, coach and individual are not the pro forma, perfunctory letters of recommendation usually presented, but clearly indicate heartfelt esteem, appreciation and admiration. Respondent has had no prior disciplinary actions brought against him while teaching in Florida schools.
Recommendation Considering the reputation of Respondent, his rapport with students and peers, the time he has devoted to developing children into responsible adults and the conclusions that the acts complained of do not constitute immorality but are minor infractions coming under the definition of misconduct in office, it is recommended that Patrick M. Hill be found guilty of misconduct in office and suspended without pay for four months. RECOMMENDED this 20th day of August, 1990, in Tallahassee, Florida. K. N. AYERS Hearing Officer Division of Administrative Hearings The Desoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 20th day of August, 1990. COPIES FURNISHED: Donald H. Wilson, Jr., Esquire Post Office Box 391 Bartow, FL 33830 Arthur C. Fulmer, Esquire Post Office Box 2958 Lakeland, FL 33806 John A. Stewart Superintendent of Schools Post Office Box 391 Bartow, FL 33830 Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, FL 32399-0400 Martin B. Schapp, Administrator Professional Practices Services 352 Florida Education Center 325 W. Gaines Street Tallahassee, FL 32399-0400
Findings Of Fact Respondent, James "Jimmy" Bilbo (Bilbo) was at all times material to this proceeding a member of the Liberty County School Board. On July 22, 1993, Complainant, Jeremiah "Jerry" Anders (Anders), a former employee of the Liberty County School Board, filed Complaint No. 93-98 with the State of Florida Commission on Ethics (Commission) against Bilbo. Specifically Anders alleged the following: I feel Jimmy Bilbo has violated Sec. 112.313(6) of the Florida Statutes. Please see the attached descriptions of possible violations. * * * * During the spring of 1993 Jimmy Bilbo instructed the following work be done on his friend, Laban Bontrager's bulldozer at the bus shop: Grease job Rake installed Filled with county diesel This was done on school time with school materials. Clay Evans and Lester Bramblett witnessed this. The Commission ordered a preliminary investigation. On December 7, 1993, the Commission filed a Public Report, finding there was no probable cause to believe Bilbo violated Section 112.313(6), Florida Statutes and dismissing the complaint. On January 13, 1994, Bilbo filed his Amended Petition for Costs and Attorney's Fees and Request for Hearing. Shortly after Bilbo was elected, the school board, on Bilbo's motion, voted to refer some allegations of impropriety at the school bus barn to the state attorney's office for investigation. Some ethics complaints were also filed relating to the same incidents, but Bilbo played no part in the initiation of the ethics complaints. During these investigations Mr. Anders had been questioned. Anders harbored some resentment towards Bilbo for his part in the referral of the matter to the state attorney's office. Mr. Anders was employed with the Liberty County School System until June 30, 1993, when his contract was not renewed. In April, 1993, Bilbo loaned a tractor (bulldozer) to the school system for use in filling in holes at the school maintenance garage that resulted from the removal of fuel tanks at the maintenance garage and in spreading dirt for a parking area. The tractor was also to be used to clear out and dress up a holding pond adjacent to the garage in order to accommodate runoff water. Although the tractor was owned by Laban Bontrager, a friend of Bilbo's, Bilbo had authorization to loan the tractor. Bilbo and Lester Bramlett, the school maintenance foreman, went to Bilbo's home, loaded the tractor which had a root rake attached to the front end and a full tank of gas, and carried the tractor to the maintenance garage for Mr. Bramblett to use for county work. In order for the tractor to be used to spread dirt for the parking area, Mr. Bramlett and Bilbo removed the root rake. The tractor remained on county property until approximately mid-May, 1993. During this time the tractor was used only for county work. While Mr. Bramblett was using the tractor, he added fuel as necessary and kept the blade and tracks greased for effective operation of the machine. After Mr. Bramblett finished using the tractor, he put fuel in the tank. When Bilbo came for the return of the tractor, Bilbo mounted the root rake on the tractor and loaded the tractor on his trailer. Bilbo did not charge anyone for the use of the tractor. In his complaint, Anders listed Clay Evans and Lester Bramlett as witnessing the work being done on the tractor on school time and with school materials in violation of Section 112.313(6), Florida Statutes. Mr. Anders was not present at the alleged incident. Bramblett denied that Bilbo instructed him to grease the tractor, put a rake on it, and fill it with fuel. Both Messrs Bramblett and Evans testified that the tractor was used for county work at no charge to the county. Diane Lindsey testified that she heard Bramblett say that Bilbo told him to gas and service the tractor and put the root rake on it. Having judged the credibility of the witnesses, I find that Bilbo did not instruct Mr. Bramblett to gas, service, or attach the root rake to the tractor. The tractor was loaned to the school system containing a full tank of gas and it was returned to Bilbo with a full tank of gas. It was necessary to grease the tractor while in use to keep it running properly, and Bilbo put the rake on the tractor prior to loading the tractor for the return trip to Bilbo's house. There was no personal benefit to Bilbo or to Mr. Bontrager. After Anders' contract was not renewed, Anders told George Sanders, a friend of Anders and Bilbo, to tell three friends, Mr. Johnson, Mr. Wilbanks and Bilbo, that "he [Anders] had him [Bilbo] and was going to get him." Anders told Mr. Bramblett after the investigation by the Commission of Anders' complaint, that he wanted "Bilbo to feel the same kind of pain that he had."
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered denying James "Jimmy" Bilbo's Amended Petition for Attorney's Fees and Costs. DONE AND ENTERED this 28th day of March, 1994, in Tallahassee, Leon County, Florida. SUSAN B. KIRKLAND 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 28th day of March, 1994. APPENDIX TO FINAL ORDER, CASE NO. 94-337FE To comply with the requirements of Section 120.59(2), Florida Statutes, (1993), the following rulings are made on Respondent's proposed findings of fact Respondent's Proposed Findings of Fact. Paragraphs 1-5: Accepted in substance. Paragraph 6: Accepted in substance except the Report on Investigation was not entered into evidence. Paragraphs 7-8: Accepted in substance. Paragraph 9: Accepted in substance. Paragraphs 10-14: Rejected as unnecessary detail. Paragraph 15: Accepted in substance. Paragraph 16: The first sentence is accepted in substance. The second sentence is rejected as not supported by the evidence. Paragraph 17: Accepted in substance except the portion "to teach him a lesson" which is rejected as not supported by the evidence. Paragraph 18: Rejected as not supported by competent substantial evidence. COPIES FURNISHED: James W. Bilbo Route One, Box 80 Bristol, Florida 32321 Jerry Anders Route 1, Box 151 Bristol, Florida 32321 Carrie Stillman Complaint Coordinator Post Office Box 15709 Tallahassee, Florida 32317-5709 Bonnie Williams Executive Director Post Office Drawer 15709 Tallahassee, Florida 32317-5709 Phil Claypool, Esquire General Counsel Ethics Commission 2822 Remington Green Circle, Suite 101 Post Office Drawer 15709 Tallahasee, Florida 32317-5709
Findings Of Fact Except to the extent they are consistent with these Findings of Fact, all proposed findings of fact are rejected as either not supported by competent, substantial evidence, contrary to the greater weight of the evidence or irrelevant. On November 6, 1974, LaRosa was granted a Florida Teacher's Certificate and subsequently was employed by the Duval County School System. On October 24, 1975, LaRosa failed to appear at 3 a.m. for work as a substitute teacher in the P.E. Department at John Gorrie Junior High School. After having been involved in a car accident the night before and not having gotten to sleep until 5 a.m., LaRosa overslept and therefore did not notify the school board that he would be absent or advise the school of the reason for his failure to appear for class until noon that day. On or about February 25, 1976, LaRosa was convicted in Duval County, Florida, of driving while intoxicated on the previous February 15. He was fined $200, and his driver's license was suspended for three months. On June 9, 1976, LaRosa was arrested in Duval County, Florida, for driving while intoxicated on that day. On or about July 2, 1976, LaRosa was convicted in Duval County, Florida, of having driven while intoxicated on June 9, 1976. He was sentenced to ten days in the Duval County Jail. LaRosa's convictions, set forth above, were considered by the Professional Practices Council of the Department of Education. The Council found "no probable cause to believe that the certificate be revoked or suspended at this time . . . and a letter of warning regarding repeated offenses be directed to the educator." By letter dated September 23, 1976, the Council warned LaRosa against future conduct that would reduce his effectiveness as an educator. Subsequent to the events set forth in the proceeding Findings of Fact, LaRosa left the teaching field and his certificate lapsed. From 1978 to the present, he has engaged in a number of employment positions unconnected with the field of education. On or about May 5, 1981, LaRosa was arrested for disorderly intoxication and public disturbance in Duval County, Florida. He subsequently was convicted on his plea of guilty and sentenced to 15 days' suspended sentence with six months' probation. In or about September, 1981, LaRosa was arrested for disorderly intoxication in Duval County, Florida. On November 18, 1981, be was convicted of that offense and violation of the probation alleged in the preceding paragraph. The court sentenced LaRosa to 68 days in jail (58 days were suspended) and given six months' probation for that offense, as well as for the violation of probation with regard to the previous offense. On or about July 6, 1982, LaRosa was convicted in Duval County, Florida, for driving while intoxicated during the previous March. He was sentenced to 38 days in jail. LaRosa's Application for Teacher's Certificate was received by DOE on August 26, 1982. The application reflects that it was signed by LaRosa and that be swore and subscribed to its accuracy before a notary public on August 20, 1982. In the application, LaRosa was asked the following question: Have you ever been convicted or had adjudication withheld in a criminal offense other than a minor traffic violation or are there any criminal charges now pending against you other than minor traffic violations? The application then provided spaces for a yes/no response and asked for details about any arrests, dates, nature of charges and dispositions. LaRosa's August 28, 1982, response to the foregoing question was simply that he had been arrested in "Jax Fla" and that the nature of the charge(s) was "DWI." LaRosa failed to include any further statement about the nature of his charges, and he did not include any information or reference to the dates and dispositions of the arrests and convictions set forth in the preceding paragraphs. On February 25, 1983, LaRosa was convicted in Duval County, Florida, of driving while licensee was suspended in December 1982. He was sentenced to 68 days in jail with 58 days suspended and was placed on unsupervised probation. LaRosa was not intoxicated at the time of his arrest. At the time of the arrest for this incident, the police administered a field sobriety test, which LaRosa passed. The arrest report states that LaRosa bad been drinking. LaRosa denies that he had been drinking. But the circumstances were suspicious and, coupled with the police officer's observations, prevent me from finding that LaRosa was not drinking. Since LaRosa has the ultimate burden of persuasion, I find that he had been drinking immediately prior to the time of his arrest. In a letter dated May 26, 1983, LaRosa responded to a letter from Professional Practices regarding his admission of "DWI" arrest on Section V of the Application for Teacher's Certificate. In his letter, LaRosa wrote: The explanation of my charges are as follows: Driving while under the influence of alcohol. Driving on a suspended license. Public intoxication. I was sentenced 18, 38, and 68 days for these offenses. On October 6, 1983, LaRosa was again convicted in Duval County, Florida, for driving while license was suspended. For that offense, LaRosa received a 38-day suspended sentence and a $25 fine. When LaRosa was stopped by police, he at first misstated his name but was not intoxicated. At the time of the arrest, LaRosa again was given and apparently passed a field sobriety test. LaRosa denies having been drinking. But, again, the circumstances were suspicious, and the police arrest report contains a statement that the policeman thought LaRosa bad been drinking. Therefore, I find that LaRosa had been drinking just before the time of his arrest. LaRosa claims that be stopped drinking in August, 1982, after being released from jail, and that he has not been drinking since. As stated, I find his claim not to be completely accurate. He attended Alcoholics Anonymous meetings at least twice a month during the year 1982 and attended eight to ten meetings in 1983. At the time of the final hearing, LaRosa had not been to an AA meeting in four months. LaRosa's personal conduct, set forth above, seriously reduces his effectiveness as a teacher. Mr. Nolan G. Gillmore, Secretary Staffing Supervisor for the Duval County School Board, gave opinion testimony in the area of education and personnel administration in Duval County and the State of Florida and in the area of effectiveness of teachers. Mr. Gillmore is of the opinion that, at this time, LaRosa's conduct would disqualify him from being a person the Duval County School System would hire as a teacher. Mr. Gillmore also is of the opinion that, at this time, LaRosa could not be an effective teacher because of the effect of his conduct on his relationship with his students and that be would have difficulty in his relationships with his fellow teachers and the community. Finally, Mr. Gillmore opined that, upon the evidence DOE presented at the final bearing, the Duval County School System would move to terminate LaRosa if he were a teacher in the system. LaRosa concedes to wrongdoing and says he would "take a two-year suspension." He thinks he has rehabilitated himself from his drinking problems and thinks be can be a good teacher. So does his friend, Paul Galloway, who is a teacher and has taught with LaRosa in the past. But, Mr. Gillmore's testimony was more persuasive than the testimony of LaRosa and Galloway.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Education Practices Commission deny this application of Anthony W. LaRosa for a Florida Teacher's Certificate. RECOMMENDED this 15th of March, 1984, in Tallahassee, Florida. J. LAWRENCE JOHNSTON 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 15th day of March, 1984. COPIES FURNISHED: Mr. Anthony W. LaRosa 3554 College Place Jacksonville, Florida 32204 Wilson Jerry Foster, Esquire 616 Lewis State Bank Building Tallahassee, Florida 32301 Mr. Donald L. Griesheimer Executive Director Education Practices Commission 125 Knott Building Tallahassee, Florida 32301 The Honorable Ralph D. Turlington Commissioner of Education The Capitol Tallahassee, Florida 32301
Findings Of Fact The Respondent is a teacher licensed in the State of Florida, holding a continuing contract of employment as a classroom teacher and assigned as a teacher at Boyd Anderson High School at times pertinent hereto. The Petitioner is the School Board of Broward County, a local school district charged with employing teachers for instruction of students and regulating the conduct and practices of those teachers in the course and scope of their employment with authority to impose disciplinary action on those instructional employees who have been found to have engaged in various forms of misconduct in office within the mandates of Chapter 231, Florida Statutes, and Chapter 6B, Florida Administrative Code. On July 21, 1982, an Information was filed by the State Attorney for the Seventeenth Judicial Circuit in and for Broward County, Florida, charging the Respondent with kidnapping and sexual battery. On August 25, 1982, a capias was issued by the Circuit Court for the Seventeenth Judicial Circuit for the arrest of the Respondent for those charges. The Respondent has never been tried and no adjudication has been entered in that criminal proceeding as of the time of the hearing and the close of the evidence herein. The Respondent pled not guilty to those charges. John E. Aycock is the principal of Boyd Anderson High School. The Respondent was employed as one of his math teachers, having been so employed for two years at Boyd Anderson High School. He had a discussion with the Respondent concerning these charges and the Respondent acknowledged that he was charged with sexual battery and informed Mr. Aycock that he was innocent of those charges. The Respondent's evaluations as to his effectiveness as a teacher had all been satisfactory prior to the subject incident. Thomas J. Patterson is the Chief of the Internal Affairs Division of the Broward County School System and was so employed in July of 1982, at times pertinent hereto. The Respondent contacted him in a similar fashion regarding the subject charges and repeatedly denied them. Upon his recommendation, the Respondent was suspended from employment with the School Board, with pay, pending the outcome of the investigation of the subject charges. The remainder of Witness Patterson's testimony consisted totally of uncorroborated hearsay liened from prior police reports and what "others told him" regarding the Respondent's whereabouts on the date the conduct charged allegedly occurred and hearsay reports he received of the specifics of that conduct. No factual findings can be made herein regarding that hearsay testimony.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the candor and demeanor of the witnesses and the pleadings and arguments of the party, it is RECOMMENDED: That the petition filed against Joseph Brehmer in this proceeding be dismissed in its entirety and that his suspension be terminated. DONE and ENTERED this 30th day of June, 1983, 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 30th day of June, 1983. COPIES FURNISHED: James A. Brown, Esquire 200 South East 6th Street Courthouse Building Suite 600A Fort Lauderdale, Florida 33301 Terrence J. McWilliams, Esquire 1999 South West 27th Avenue Miami, Florida 33145 Joseph J. Brehmer 7824 North West 70th Court Tamarac, Florida William T. McFatter, Superintendent Broward County School Board 1320 Southwest Fourth Street Fort Lauderdale, Florida 33338
Findings Of Fact Petitioner, Rafael A. Duharte, is a native of Cuba who moved to this country some sixteen years ago. He has lived in Miami since 1972. In 1976, Duharte obtained a bachelor's degree in Spanish from Biscayne College, and approximately eighteen months later received a master's degree in special education from the same institution. He is certified as a teacher by the State Department of Education. In October, 1977 Duharte began teaching at Montanari Residential Treatment Center (Montanari) in Miami, Florida, a school which specializes in teaching mentally retarded students. He continued to work there until February, 1984. In 1978, he filed an application with petitioner, School Board of Dade County, seeking a teaching position in the Dade County School System. He filed additional applications in 1980 and 1985. On all applications he acknowledged his employment at Montanari. Duharte also made inquiry as to openings with the Department of Instructional Staffing (Department) at least once a year after 1978. On two of those visits (June, 1984 and April, 1985), he met briefly and informally with a Department coordinator. The Department interviews all teaching applicants and makes recommendations as to whether a candidate should be hired. In February, 1984 Duharte was verbally informed by a school official that he was dismissed from employment with Montanari. He received nothing in writing memorializing this action but rather was told that he was being dismissed because of complaints from students. However, he did receive a letter of recommendation from Montanari which is now in petitioner's personnel files. In February, 1984 Duharte made application for and was accepted as a substitute teacher with petitioner. As a general rule, no background check is run on a substitute's application, and consequently no inquiry was made with Montanari, Duharte's former employer. Duharte began teaching as a substitute teacher in March, 1984 and continued doing so for the remainder of the school year as well as the entire school year 1984-85. On September 26, 1985 Duharte filed his third application with petitioner for employment as a full-time teacher. On the application was the following question: "Have you ever been removed or dismissed from any position?" Duharte checked off the answer "No". As a prerequisite to employment, Duharte was interviewed by a Department coordinator. However, he was asked nothing specific concerning the circumstances under which he left Montanari. Under petitioner's then existing policy, a background check was normally made of full-time applicants. In this case, the coordinator merely talked to Duharte's assistant principal at the school where he was a substitute. After no adverse information was disclosed, Duharte was hired to teach at Citrus Grove Junior High School. Several months later, the coordinator had an occasion to call Montanari concerning a different applicant, and learned that Duharte had been dismissed. This was confirmed by Duharte at a conference for the record, a meeting required by the teacher's union contract prior to the commencement of formal disciplinary action against teachers. At that meeting, Duharte stated he did not answer "yes" to the question because he knew he would not be hired if he gave a truthful answer. Duharte was then suspended by petitioner effective March 5, 1986. He has remained suspended without pay since that time. His suspension precipitated the instant proceeding. At final hearing, Duharte confirmed he had been orally dismissed from Montanari but was never given anything in writing concerning his dismissal. Therefore, he contended that to answer "yes" to the question would be acknowledging that Montanari had a valid reason for terminating him. He expressed a sincere desire to be employed and stated that he had nothing to hide. Indeed, he pointed out that during one of his informal meetings with Department personnel in April, 1985 he disclosed to a coordinator that he had been dismissed from Montanari. This was confirmed by a coordinator who testified at final hearing. However, the coordinator did not learn that Duharte was hired by the School Board until "months later". Duharte also indicated that had he been asked by the coordinator at the September, 1985 interview, he would have disclosed his dismissal.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that respondent be found guilty of immorality and that he be dismissed from employment with petitioner. All other charges should be dismissed. Respondent should be permitted to refile an application for employment setting forth the circumstances under which he was terminated from his prior employment. A decision can then be made based upon the merits of the application. DONE and ORDERED this 21st day of November, 1986 in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER 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 21st day of November, 1986.
Findings Of Fact On or about September 13, 1976, Petitioner Alvin Leonard Pondexter, was convicted in Leon County, Florida, of attempted petty larceny, a misdemeanor, on the charges of attempting on May 26, 1976 to steal two bicycles from students on the campus of Florida State University. At the hearing in this cause, Petitioner maintained that he only admitted to, and was convicted of, attempting to steal one bicycle. On June 12, 1976, while the charges contained in the preceding paragraph were pending and Petitioner was awaiting sentencing, Petitioner was arrested in Leon County, Florida, as he attempted to steal a ham from a Tallahassee food market. In an effort to free himself from restraint by the store security guard, Petitioner bit the tip of one finger off the guard's hand and bit the guard on the inside of a thigh. On December 20, 1976, Petitioner was convicted of battery on the guard and shoplifting, both misdemeanors, and was sentenced to one year in the Leon County jail. On or about September 9, 1979, Petitioner was arrested in Dade County, Florida, for lewd and lascivious behavior after police officers observed him performing oral sex with a 15-year-old male while in a parked car which was located in a beach parking lot off Collins Avenue. Bruce Munster, one of the officers who observed the Petitioner's conduct at the time of his arrest, noticed that the Petitioner became irate and caused Munster to pull his gun to effect the arrest. Petitioner refused to discuss the case at the hearing because the criminal charges against him in connection with this matter were dropped. Petitioner did not offer any rebuttal evidence at the hearing on this charge and in his deposition, he admitted that at the time of the arrest that his companion in the car was sitting in the front seat with his pants down. In 1980, Petitioner applied for a teacher's certificate. On October 21, 1980, his application was denied for the same reasons set out in the foregoing paragraphs. Petitioner failed to appeal or in any way contest the denial of his application. Dr. Patrick Gray, Executive Director, Division of Personnel Control, Dade County, testified as an expert in the areas of education and personnel administration in Dade County and the State of Florida, and as an expert with respect to the Code of Ethics and the Principals of Professional Conduct regulating teachers. The Petitioner's conduct amounts to immorality and moral turpitude, and lessens Petitioner's effectiveness as a public educator in the public school system. In addition, as stated by Dr. Gray the Dade County School system would not hire the Petitioner even if he were granted a certificate.
Recommendation Accordingly, based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That a Final Order be entered denying Petitioner's application for a Florida Teacher's Certificate. DONE and ENTERED this 23rd day of March, 1984, in Tallahassee, Florida. SHARYN L. SMITH Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of March, 1984. COPIES FURNISHED: Alvin Leonard Pondexter 17120 Northwest 27th Street Miami, Florida 33056 Wilson Jerry Foster, Esquire 616 Lewis State Bank Building Tallahassee, Florida 32301 Donald L. Griesheimer, Director Education Practices Commission Knott Building Tallahassee, Florida 32301
Findings Of Fact Petitioner, Chester K. Lewis (Lewis), applied to the Respondent, Department of Education (Department), for a Florida teacher's certificate. By letter of January 15, 1987, the Department advised Lewis that his application had been denied, and Lewis filed a timely request for formal hearing. Pertinent to this case, the application for teacher's certificate posed the following questions, and Lewis gave the following answers: - FULL TIME TEACHING EXPERIENCE Grades taught or No months Type School State District School if departmental- taught in Certi- Year (County) ized subjects school ficate taught term Held * * 1982 to Florida Dade Edison 1983 Park Elem. 9 1983 to Florida Dade Edison 1984 Park 9 1984 to Florida Dade Edison 1985 Park 9 1985 to Florida Dade Edison Varied 1986 Park Elem. 9 PLEASE CHECK ONE YES X NO Have you ever been convicted or had adjudication withheld in a criminal offense other than a minor traffic violation or are there any criminal charges now pending against you other than minor traffic violations? If yes, you must give complete details for each charge. Please attach a separate sheet if additional space is needed. Where Arrested Dates Nature of Charge(s) Disposition(s) Trespassing Resist- Nolo Contendere Dade County 5/6/82 ing Arrest 9 mos served 1/19/83 NOTARIZATION I hereby certify that I subscribe to and will uphold the principles incorporated in the Constitutions of the United States of America and the State of Florida. I understand that Florida Statutes provide for revocation of a teacher's certificate if evidence and proof is established that the certificate has been obtained by fraudulent means. I further certify that all information pertaining to this application is true, correct and complete. /s/ Chester K. Lewis Signature of Applicant Sworn to and subscribed before me this 3rd day of June , 1986. My Commission Expires Seal and Signature of Notary Public Contrary to the sworn representations in part IV of the application, that he had been employed full time by the Dade County School Board for the school years 1982-83 through 1985-86, the proof established that Lewis was employed by the Dade County School Board as follows: For the 1982-83 school year Lewis was employed as a per diem (daily) substitute teacher, and worked only 29 days between March 1983 and June 1983. For the 1983-84 school year Lewis was employed as a daily substitute teacher, and worked at 5 different schools between November 1983 and June 1984 for a total of only 5 1/2 days. For the 1984-85 school year Lewis was employed as a daily substitute teacher, and worked at 5 different Schools between October 1984 and June 1985 for a total of only 15 days. For the 1985-86 school year Lewis was employed as a daily substitute teacher, and worked only 1 day during that school year. With respect to Lewis' response to part V of the application, the proof established that by Information filed May 27, 1982, in the Circuit Court of Dade County, Florida, Case No. 82-11708, he was charged with aggravated assault (Section 784.021(1)(a), Florida Statutes), battery upon a law enforcement officer (Sections 784.03 and 784.07, Florida Statutes), and resisting an officer with violence to his person (Section 843.01, Florida Statutes). On January 19, 1983, Lewis entered a plea of nolo contendere, and the court sentenced him to a term of imprisonment of nine months. Regarding the substance of the charges, the proof established that on May 6, 1982, at or about 11:00 p.m., in Dade County, Florida, Lewis did commit the crimes of aggravated assault (Section 784.O2l(1)(a), Florida Statutes), battery upon a law enforcement officer (Sections 784.03 and 784.07, Florida Statutes), and resisting an officer with violence to his person (Section 843.01, Florida Statutes). At the aforesaid time and date, a uniformed Florida Highway Patrol Officer (trooper) responded to a request for assistance at the home of a female complainant (complainant) who professed a fear that Lewis would harm her. While at the complainant's residence, the trooper took a telephone call from Lewis, identified himself as a trooper with the Florida Highway Patrol, and asked Lewis what the problem was. Lewis replied: I don't care who the fuck you are. If I get over there in 15 minutes and you're there I'm going to kill you. Approximately 15 minutes later, Lewis drove up to the residence. The trooper then told Lewis: Look, we don't need a problem Just leave. She doesn't want to be bothered with you. Just leave so we don't have a problem with you. Lewis responded, "Fuck you", sped down the street, and turned the car to face the trooper. Lewis then sped his car at the trooper, who barely avoided injury by jumping out of the way of Lewis' vehicle. Lewis then drove his car into an alley, and as the trooper approached from the rear Lewis attempted to back his car over the trooper. Again the trooper barely avoided injury. Subsequently, Lewis jumped from the car, and ran toward the complainant's residence. At that time the trooper removed the keys from the ignition of Lewis' car, and pursued Lewis. Fortunately, a backup unit from the Metro-Dade Police Department arrived and Lewis fled to his car and tried to lock himself inside. The trooper, noting that the front passenger door was open, entered the vehicle to arrest Lewis. During the course of the trooper's efforts to arrest him, Lewis repeatedly punched and kicked the trooper. Lewis' conduct demonstrated gross immorality or an act involving moral turpitude. His conduct was inconsistent with the standards of public conscience, and was sufficiently notorious to bring himself and his profession into public disgrace or disrespect. Due to such notoriety, Lewis' service in the community, as well as his effectiveness in the school system, has been severely impaired.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the application of Petitioner, Chester K. Lewis, for a Florida teacher's certificate be DENIED. DONE AND ORDERED this 8th day of July, 1987, in Tallahassee, Florida. WILLIAM J. KENDRICK 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 8th day of July, 1987. COPIES FURNISHED: J. David Holder, Esquire Post Office Box 1694 Tallahassee, Florida 32302 Mr. Chester K. Lewis 1028 N.W. Third Avenue, #1 Miami, Florida 33136 Marlene T. Greenfield, Administrator Professional Practices Services 319 West Madison Street, Room 3 Tallahassee, Florida 32399 Karen Barr Wilde, Executive Director Education Practices Commission 125 Knott Building Tallahassee, Florida 32399 Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32399 Sydney McKenzie, General Counsel Department of Education Knott Building Tallahassee, Florida 32399
