Findings Of Fact Respondent, Lester Nathaniel Johnson, is the holder of teacher's certificate number 384068 issued by the State Department of Education. It is valid until June 30, 1990. He is a 1975 graduate of Bethune-Cookman College where he majored in history and sociology, and from Nova University in 1981 where he received a master's degree. Johnson first began teaching in the Dade County Public School System in September, 1975 and has taught in the System since that time. During school years 1981-82 and 1982-83 he was an instructor at Miami Lakes Junior High School (MLJHS) teaching social studies and history. During school year 1982-83 first period at MLJHS began at 8:45 a.m. and ended fifty-five minutes later at 9:40 a.m. Classes then changed and "homeroom" activities began at 9:45 a.m. and lasted ten minutes. At 9:55 a.m. a bell rang and students had five minutes to go to second period class which began at 10:00 a.m. The allegations in the notice of charges and administrative complaint relate to an alleged incident which occurred on the morning of March 23, 1983 on the school premises. As clarified by testimony in this cause, the "incident" could not have occurred any earlier than around 9:57 a.m. that morning in respondent's classroom during the break between homeroom and second period. The testimony also shows that after the incident, which took no more than a minute, the complainant would have had to leave the classroom, talk briefly with her girlfriend in the hallway, and still have time to reach a street adjacent to the school building approximately two hundred yards away in a minute or so, or by 9:59 a.m. Michelle Pinson was a thirteen-year-old seventh grader of MLJHS during the 1982-83 school year. According to Pinson, on the morning of March 23, 1983 she left her homeroom after the bell rang at 9:55 a.m. to attend her second period class, English. She related that she had to walk past respondent's classroom to get to her second period class, and that it normally took her around a minute to a minute and a half to reach Johnson's classroom. At the final hearing, Michelle claimed that while walking past his classroom that morning, he pulled her inside the room, which was empty, shut the door and began "kissing all on (her)" including her neck and face, and "feeling on (her)" including her breasts and genital area. However, some two weeks after the "incident", she had told an assistant state attorney under oath that Johnson had kissed her only on the neck and had not touched her in the genital area. When she started to leave the room, Pinson stated Johnson grabbed her right buttocks and told her not to tell anyone. According to Pinson, the whole incident took no more than a minute. Testimony from a non-interested witness, Arthur Diamond, a science teacher at MLJHS, confirmed the fact that Johnson went to the restroom after the 9:55 a.m. bell rang, chatted for a minute or two with Diamond, and could not have returned to his classroom until around 9:57 a.m. Therefore, if such an incident did in fact occur, it could not have happened until after 9:57 a.m. After leaving the classroom, the first person Michelle saw was Natalie Blackwell, a longtime friend and classmate, and related to her what had happened. Natalie attempted to corroborate Michelle's story, and stated that she saw a hand grab Michelle's buttocks as she left the classroom, and as she passed by the classroom she saw the hand belonged to Johnson. Natalie's version of the story must be tempered by several considerations. First she testified the incident occurred after lunch rather than in the morning. Secondly, she was a student in Johnson's class and had just been suspended for ten days for fighting. When she returned Johnson refused to allow her to do makeup work for the time she was suspended and consequently she received a failing grade. For this, Natalie had threatened to "get" Johnson. Finally, Natalie had also received several detentions from Johnson prior to the "incident" and was dating Michelle's brother at the same time. Therefore, her testimony is not found to be credible, and has been disregarded. "A little bit before" 10:00 a.m., Michelle was found walking down Ludlam Avenue by an instructor some two hundred yards or so from the main building. Michelle had walked that distance after she claimed the "incident" had occurred and after she had spoken to Natalie. The undersigned finds it highly unlikely that Michelle could have had an encounter with Johnson after 9:57 a.m., which lasted no more than a minute, then talked briefly with her friend in the hallway, and then walked some two hundred yards from the building, all within a span of a minute or so. After being stopped by the instructor on Ludlamd Avenue, Pinson returned to the main building and was seen by the assistant principal several minutes after 10:00 a.m. wandering in the hallway. He immediately approached her and noted she had tears in her eyes and was sobbing. Pinson told the assistant principal that she had an encounter with Johnson. Both went to the principal's office where an interview was conducted with Pinson, and later with Johnson. After conducting an investigation, school authorities turned the mattter over to petitioners, School Board of Dade County and Education Practices Commission (EPC), who then initiated these proceedings. Respondent denied the incident occurred and that he had not even seen Michelle during the break between homeroom and second period class. On the morning in question, Johnson had supervised a breakfast program for students from 8:00 a.m. to 8:40 a.m. in the cafeteria, taught a first period class form 8:45 a.m. to 9:55 a.m. When the bell rang to change classes, the students departed the classroom and Johnson then left his classroom to visit the restroom down the hall. As noted earlier, this was confirmed by another teacher, Arthur Diamond, who testified that Johnson followed him into the restroom right after the bell rang where they briefly chatted and then both departed, returning to their respective classrooms around 9:57 a.m. The evidence is sharply conflicting in this proceeding but it is found that no encounter between Johnson and Pinson occurred on the morning of March 23, 1983.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that all charges against respondent be DISMISSED and that he be reinstated and given back-pay retroactive to April 20, 1983. DONE and RECOMMENDED this 8th day of February 1984, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 904/488-9675 Filed with the Clerk of the Division of Administrative Hearings this 8th day of February, 1984. COPIES FURNISHED: Jesse T. McCrary, Jr., Esquire 3000 Executive Plaza, Suite 800 3050 Biscayne Boulevard Miami, Florida 33137 W. Jerry Foster, Esquire 616 Lewis State Bank Building Tallahassee, Florida 32301 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools 1410 N.E. 2nd Avenue Miami, Florida 33132 Mr. Donald Griesheimer Executive Director Education Practices Commission Knott Building Tallahassee, Florida 32301 ================================================================= AGENCY FINAL ORDER =================================================================
Findings Of Fact At the administrative hearing which was scheduled for the time and place shown above, Mr. Carlos Viciedo, Sr., father of the minor student named as Respondent herein, announced that his son, Carlos Viciedo, Jr., had been moved to Los Angeles, California, by his Mother. The student, Carlos Viciedo, Jr., has been enrolled in the school system of Los Angeles, and removed from the Dade County School system. The principal at South Miami Junior High School where Carlos Viciedo, Jr., was enrolled prior to the transfer to Douglas MacArthur Senior High School -- South, verified that papers have been received from the Los Angeles, California, school system to demonstrate that the student has requested a transfer from the schools in Dade County to the schools in Los Angeles. Mr. Carlos Viciedo, Sr., plans to join his family in Los Angeles, and the enrollment of his son in the school system there is permanent.
Recommendation On the basis of the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board of Dade County dismiss the proceeding it initiated to effect a transfer of the Respondent, Carlos Viciedo, Jr., from South Miami Junior High School to the Alternative Education Program at Douglas MacArthur Senior High School -- South. THIS RECOMMENDED ORDER entered on this 17th day of February, 1983. WILLIAM B. THOMAS, 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 17th day of February, 1983. COPIES FURNISHED: Michael J. Neimand, Esquire Suite 300 3000 Executive Plaza 3050 Biscayne Boulevard Miami, Florida 33137 Carlos Viciedo, Sr. 1122 Southwest 134th Place Miami, Florida 33183 Phyllis O. Douglas, Esquire Assistant Board Attorney Dade County Public School 1410 Northeast 2nd Avenue Miami, Florida 33132 Dade County School Board 1410 Northeast 2nd Avenue Miami, Florida 33132
Findings Of Fact At all times material hereto, Respondent was an instructional employee of the School Board of Dade County, Florida, and was assigned to Comstock Elementary School as a physical education teacher. At the time of the occurrences which are the subject of this proceeding, Respondent was on continuing contract and was in his seventh year as an instructor in the Dade County School System. Prior to these incidents, Respondent's evaluations with the school system had been uniformly very good. On the date in question, Respondent was in charge of a third grade class of approximately sixty students, including Steven Cole and Dwayne Wilson. During the class period, Respondent had planned motor activities, physical exercise and "free play". Respondent caused the class members to line up in formation for preliminary exercises, which were to be performed to music played by Respondent on a record player. At the beginning of the exercises, Respondent requested that the class dance, clap or move around to the music. He advised the class that if anyone did not want to participate in the dancing exercises, they would be allowed to perform "push-ups" as an alternative. Utilization of "push-ups" by Respondent in his classes was not uncommon. Shortly after the beginning of the dance exercises, Respondent observed Steven Cole not participating as instructed. The youngster advised Respondent that he did not want to dance or clap his hands, so Respondent required him to begin exercises by way of "push-ups". The student performed three or four of these exercises, refused to do more, and started to walk away from the class. Respondent attempted to call the student back to the class, but the student refused to return. Thereupon, Respondent walked over to the student, took him by the arm and attempted to bring him back to the class. The student resisted Respondent's efforts, and began struggling with Respondent. The child was not hitting or kicking at Respondent, and it does not appear from the record that Respondent used excessive force in attempting to deal with the student. When it appeared to Respondent that the student was becoming upset, Respondent felt it advisable to place the student in a physical education equipment room immediately adjacent to the exercise area. Respondent placed the student in the equipment room seated on mats used for tumbling exercises, and Respondent placed his chair slightly in front of the door to avoid having the student run from the room. During the entire encounter between Respondent and the student, the student remained erect and was never thrown or tripped to the ground. After placing Steven Cole in the equipment room, Respondent returned his attention to the remainder of the class. However, he then observed another student, Dwayne Wilson, refusing to participate in the classroom exercises. When Respondent inquired of the student whether he wished to participate in the dance exercises or engage in the option to perform "push-ups", the student refused any audible reply. Respondent approached the student, took him by the arm, and brought him to the front of the class immediately in front of the teacher's chair. The Respondent then placed the student in a push-up position, and Respondent extended his hands and arms approximately six inches above the student's back while the student was in a "push-up" position with his arms extended, in order to prevent the student from standing up and running from the class. Although there is conflicting testimony in the record, it is specifically found that the student attempted to stand up from the "push-up" position, lost his balance while attempting to do so, and fell to the concrete, hitting his forehead. There is insufficient testimony in the record to indicate that Respondent either intentionally or negligently caused the student's fall. Respondent immediately observed swelling on the student's forehead where he had struck the ground, and took the student to the nearby school cafeteria in order to obtain ice to apply to the injury. As soon as the ice was obtained, Respondent had the student taken to the principal's office by cafeteria personnel, and returned to his class. Respondent then arranged for another teacher to cover his class, removed Steven Cole from the equipment room and took him with him to the principal's office. The school principal conferred with Steven Cole, Dwayne Wilson, and other members of the class, called the parents of Steven Cole and Dwayne Wilson, and those students were taken to hospitals to check their condition. Although unclear from the record, Steven Cole apparently was taken to a hospital because of complaints made to the principal concerning difficulty in breathing and a pain in his chest. It is significant that, although a significant period of time had elapsed between the time Steven Cole was placed in the physical education equipment room and the time he was seen by the school principal, he had made no complaints concerning any physical injury until he saw the principal almost one-half hour after being placed in the equipment room by Respondent. In addition, there is no evidence in the record, other than the testimony of Steven Cole, to substantiate that any injury was, in fact, inflicted upon him by Respondent. Dwayne Wilson was taken to Cedars of Lebanon Hospital, where he was treated for a contusion of the forehead and released. As indicated above, prior to the incidents involving Steven Cole and Dwayne Wilson, Respondent has an exemplary record as a teacher in the Dade County School System. Steven Cole and Dwayne Wilson, on the other hand, had been disciplinary problems on occasion at Comstock Elementary School and had, in fact, been "paddled" by the school principal on several occasions. Since the testimony of Steven Cole and Dwayne Wilson was submitted to the Hearing Officer by way of deposition, it was, unfortunately, not possible to observe the demeanor of these young men while testifying. There exist substantial differences in the testimony of the students and that of Respondent. In attempting to resolve these differences, the undersigned noted numerous inconsistencies in the students' testimony, no doubt due, at least in part, to their youth. Steven Cole was, at the time of the incident, nine years old, and Dwayne Wilson was eight years old. In light of these inconsistencies, the Hearing Officer has chosen to accept the testimony of Respondent as the more credible in this case. Both Petitioner and Respondent have submitted Proposed Findings of Fact in this proceeding. To the extent the Proposed Findings of Fact have not been adopted in, or are inconsistent with, factual findings in this Order, they have been specifically rejected as being irrelevant to the issues in this cause, or as not having been supported by the evidence.
The Issue Whether the Respondent's teaching certificate should be disciplined in accordance with Sections 231.162(8) and 231.28(1), Florida Statutes, for alleged acts of misconduct as set forth in the Administrative Complaint, dated September 20, 1993, which alleged that Respondent has seriously reduced his effectiveness as an employee of the School Board of Orange County, Florida; violated the provisions of law or the rules of the State Board of Education; failed to make a reasonable effort to protect students from conditions harmful to learning or to their health or safety; intentionally exposed students to unnecessary embarrassment or disparagement; and exploited a professional relationship with a student for personal gain or advantage, in violation of Section 231.28, Florida Statutes, and the Florida Code of Ethics of the Education Profession, Rules 6B- and 6B-1.006, Florida Administrative Code.
Findings Of Fact Respondent is a 39-year old male who was born in Puerto Rico and moved to Florida in February 1992. Respondent is of Hispanic origin. His first language is Spanish and his second language is English. Respondent is married and has four children. Respondent holds Florida teaching certificate #695322, covering the area of art, which was valid through June 30, 1993. During the 1992-1993 school year, Respondent was employed as an art teacher at Ridgewood Park Elementary School, in the Orange County School District. Respondent began his employment at that school in August 1992. Respondent is a very demonstrative, expressive person. He regularly rewarded his students for good effort or a job well done with verbal affirmations, pats on the back or head, hugs, and, occasionally with the girls, a kiss on the forehead or cheek. In the fall semester of 1992, Respondent elicited the services of four or five children in his classes to help clean up his classroom, both before and after the school day. They were asked to pick up, clean and sweep the room. Jodi Witmer was one of the students who regularly volunteered her services to help in Respondent's classroom. Jodi Witmer is a female child who was nine years old during the relevant time period. During 1992-1993 school year, Witmer was a fourth grade student at Ridgewood Park Elementary School and was in Respondent's art class. Because Witmer helped out regularly in Respondent's classroom, performing such duties as sweeping and sorting papers, she received pats and hugs regularly from Respondent. Respondent also kissed her on the forehead and cheek, at least a couple of times for her efforts. Witmer testified that Respondent did not touch her or attempt to touch her in any way other than by giving her hugs or pats. Witmer also denied that Respondent attempted to have Witmer touch him in any inappropriate way. Specifically, she denied that Respondent tried to put his or her hand on his pants and touch his penis, as alleged in the administrative complaint. Autumn Smith is a female child who was nine years old during the relevant time period. During the 1992-1993 school year, Smith was a fourth grade student at Ridgewood Park Elementary School and was in Respondent's art class. Respondent hummed the song, "Autumn of My Dreams" when Smith walked by on two or three occasions. This made her feel uncomfortable or "weird." Respondent did not grab Smith by the buttocks. Chrystal Brown is a female child who was nine years old during the relevant time period. During the 1992-1993 school year, Brown was a fourth grade student as Ridgewood Park Elementary School and was in Respondent's art class. On one or two occasions, Brown and a friend asked if they could help Respondent clean up his classroom after school. Respondent gave permission for them to help clean up after school. On one occasion, while Brown and a friend were working in the back of the class and Respondent was at his desk, Respondent saw the girls dancing. He asked them what they were doing. They responded that they were "dancing nasty." Respondent told them to stop and they did. Brown later stated to school authorities that Respondent had asked them to "dance nasty" for him. This statement was not accurate. In December, 1992, rumors began circulating by some students that Respondent had kissed or "raped" some girl in his class. These rumors eventually came to the attention of other teachers in the school and they were reported to the school administration. In December 1992, the principal of Ridgewood Park Elementary School, Donna Smith, reported the alleged incidents of improper conduct against Respondent, as are described in the Administrative Complaint, to law enforcement, HRS and the School District. Respondent was arrested and relieved of duty with pay, and an investigation was undertaken by the School System, HRS and law enforcement. An information was not filed against Respondent concerning these charges. However, extensive pre-trial publicity was generated in the local news media about this case. On March 10, 1993, Respondent and the School System entered a settlement and release agreement. On April 22, 1993, Respondent resigned. Subsequent to the events set forth above and following his resignation, Respondent let his teaching certificate expire and moved with his family back to Puerto Rico.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be issued finding that Respondent, Elvin Gonzalez, did not violate the provisions of Sections 231.28(1)(f) or (i), Florida Statutes, or Rules 6B-1.006(3)(a), (e) or (h), Florida Administrative Code. It is further RECOMMENDED that a Final Order be issued DISMISSING all charges against Respondent for the above violations. DONE AND ENTERED this 13th day of January, 1995, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE 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 13th day of January, 1995. APPENDIX The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on findings of fact submitted by the parties. Petitioner's proposed findings of fact. Accepted in substance: paragraphs 1, 2, 3 (but is irrelevant), 4 (irrelevant), 5 (irrelevant), 6 (irrelevant), 7, 8, 9, 10, 11, 12, 13, 17, 19 (but subsumed), 20, 21 (in part), 22 (in part), 26 (irrelevant). Rejected as against the greater weight of credible evidence: paragraphs 14, 15, 16, 18, 21 (in part), 22 (in part), 23, 24, 25, 27. Respondent's proposed findings of fact. Accepted in substance: paragraphs 1, 2, 3, 4, 5, 7, 8, 9 (in part), 11, 12, 21, 22, 24, 29, 45, 46, 51, 52 (irrelevant) 54 (irrelevant), 57, 59 (irrelevant). Rejected as irrelevant, immaterial, subsumed, or a comment on the testimony of a witness: paragraphs 6, 9 (in part), 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 23, 25, 26, 27, 28, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 48, 49, 50, 53, 55, 56, 58, 59 (in part). Rejected as against greater weight of credible evidence: paragraph 47. COPIES FURNISHED: Robert J. Boyd, Esquire 2121 Killearney Way Suite G Tallahassee, Florida 32308 Joseph Egan, Jr., Esquire P. O. Box 2231 Orlando, Florida 32802 Karen Barr Wilde Executive Director 301 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Kathleen M. Richards, Administrator Professional Practices Services 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Barbara J. Staros General Counsel The Capitol, PL-08 Tallahassee, Florida 32399-0400
Findings Of Fact At all times material hereto, Respondent, Anthony George Fields, was a student enrolled in the public school system in Dade County, Florida. Since the 1979-1980 school year the Respondent has been enrolled at various times at either Centennial Junior High School or Cutler Ridge Junior High School in Dade County. During that period of time Respondent has been placed on either indoor, outdoor or bus suspension 14 times, totaling 57 days. The causes of Respondent's suspensions have been disruptive and defiant behavior, fighting in the classroom, possession of a knife, profanity, kicking another student, punching holes in the seat of a bus and theft of a purse. Respondent has been seen by his grade-level counselor a total of five times as a result of referrals during the 1981-1982 school year in an attempt to deal with his inappropriate behavior. In addition, the student's class schedule has been revised, and his counselor has had conferences on several occasions with Respondent's mother. As a result of the student's disruptive behavior, as outlined above, he was administratively reassigned from Centennial Junior High School to the Youth Opportunity School- South, an alternative school placement, as of November 21, 1981. Through February 11, 1982, Respondent had been absent from class without an excuse for 45 days.
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
The Issue The issue is whether Respondent should be terminated from her position as an instructional employee for gross insubordination and being willfully absent from duty.
Findings Of Fact Based upon all of the evidence, the following findings of fact are determined: In this termination case, Petitioner, Lake County School Board (Board), seeks to terminate Respondent, Brenda Armstead, an instructional employee, on the ground that she was willfully absent from duty without leave and guilty of gross insubordination by virtue of having repeatedly refused to report to her job assignment. In a letter dated May 26, 2000, Respondent asked for a hearing "as soon as possible," contending that the "termination was illegal." In school year 1999-2000, Respondent was employed as a teacher at Lake Hills School in Eustis, Florida, where she taught 3 to 5-year-old children with severe emotional disabilities. In September 1999, Respondent was arrested for stalking. However, the criminal charges were later dropped or reduced to a lesser charge. Pending the disposition of the matter, Respondent continued working in the classroom. In January 2000, Respondent reported to her supervisor that she had been exposed to "CMV," an infectious viral disease. Despite being tested as negative, Respondent continued to have concerns with her health and began to exhibit unusual or bizarre behavior in the classroom. Among other things, Respondent constantly wore gloves in the classroom, avoided physical or close contact with her aides, and exhibited other unusual habits or practices. She also began sending "unusual" correspondence to the Superintendent. Because of this, she met with her principal and the Board's Assistant Superintendent on February 14, 2000. At that meeting, Respondent was orally directed to report to the Board's MIS Copy Center (Copy Center) effective immediately until she "could meet with a medical doctor." This action was authorized by School Board Policy 6.171(4), which allows the Board to "require a physical, psychological, and/or psychiatric examination by a physician licensed in the state of Florida when in the School Board's judgment such an examination is relevant to the teaching performance or employment status or a School Board employee." Given Respondent's behavior, the transfer to a non-teaching position was also appropriate and necessary since Respondent was working with emotionally handicapped children. Accordingly, the Board arranged for an evaluation of Respondent by a Dr. Kendall on February 17, 2000; that physician recommended that Respondent be further examined by a psychiatrist. By letter dated February 24, 2000, the Board's Superintendent again directed Respondent to report to the Copy Center for temporary duty pending the results of the examination. The letter was hand-delivered to Respondent on February 25, 2000. Despite both orders, Respondent never reported to work at the Copy Center. Although she "came on campus" a couple of times, she never returned to work. She was later given another oral instruction by telephone on March 16, 2000, by the Board's Assistant Superintendent. By certified mail sent on April 13, 2000, the Board's Superintendent again directed Respondent to report to work, and he warned that if she did not do so by April 19, 2000, she would be subject to being terminated for being absent without leave, gross insubordination, and willful neglect of duties. Respondent received the letter the following day. Even so, she never reported to work. It is fair to infer from the evidence that Respondent was willfully absent from work without leave. On April 21, 2000, the Superintendent recommended to the Board that Respondent be terminated because of her "continuing intentional refusal to report to work despite repeated direct orders, reasonable in nature, and given by and with proper authority to do so." This recommendation was accepted by the Board at its meeting on May 8, 2000.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Lake County School Board enter a final order determining that Respondent is guilty of gross insubordination and being willfully absent without leave, and that she be terminated as an instructional employee for just cause. DONE AND ENTERED this 16th day of August, 2000, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER 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 16th day of August, 2000. COPIES FURNISHED: Dr. R. Jerry Smith, Superintendent Lake County School Board 201 West Burleigh Boulevard Tavares, Florida 32778-2496 Stephen W. Johnson, Esquire McLin, Burnsed, Morrison, Johnson, Newman & Roy, P.A. Post Office Box 491357 Leesburg, Florida 34749-1357 Brenda Armstead 32412 Crystal Breeze Lane Leesburg, Florida 34788 Tom Gallagher Commissioner of Education Department of Education The Capitol, Plaza Level 08 Tallahassee, Florida 32399-0400
