Findings Of Fact On November 10, 1977, Henry was employed as a teacher working under a continuing contract for the Citrus County School Board in Citrus High School, Inverness, Florida. At or about 12:35 p.m., on that date, Henry was responsible for a fourth period driving education class. At that time, class was beginning when Henry removed himself from the classroom to investigate a commotion in the hallway. The door of the classroom swung shut by itself and the lights to the classroom were switched off. A general commotion ensued in the classroom. After a brief period of time, Henry reentered the classroom and closed the door behind him. Henry removed his belt from his pants and did not turn on the lights. There was very little light in the classroom because the room had only two windows, one leading to an interior office which had no light on and the other approximately 1 square foot in size and located in the door leading to the hallway. There was, however, barely enough light for some students to observe the ensuing sequence of events. Henry then angrily asked the class who had turned the lights off and at the same time swung his belt in a threatening manner striking not only desks in the classroom but also a student, one Tracy White, between one and five times on the leg. Miss White was not seriously injured but she did experience some anxiety. One other student shared Miss White's concern for her personal welfare and moved from her seat near Miss White to another portion of the room in which she was out of danger. The incident was terminated several minutes later when someone turned the lights on. On September 8, 1977, a recommended order was entered in Citrus County School Board v. Allen P. Henry, Jr., Case No. 77-970, Division of Administrative Hearings, which order was adopted by the Citrus County School Board on September 27, 1977. In that case, Henry was found to have used his belt to break up a fight between students. It was concluded that such injudicial use of force constituted inconsiderate treatment of the pupils and it was recommended that Henry be formally advised by the School Board that the methods he employed were improper and were not to be repeated. On September 30, 1977, the School Board mailed a letter to Henry, which letter Henry subsequently received, referring to the recommended order of the Hearing Officer and advising Henry that the methods he employed in the circumstances of that case were improper and were not toe be repeated.
The Issue Respondent's alleged immorality and misconduct in office on March 29, April 5, 6, 8 & 13, 1976, under Section 231.36(6), Florida Statutes, as set forth in letter to Respondent from James E. Maurer, dated June 18, 1976.
Findings Of Fact During the academic year 1975-1976, Respondent was a classroom instructor in science at the Coconut Creek High School, Broward County, Florida. In the fall of 1975, Marcia Vulpis, a 14 year-old student at the school, was assigned to his class. He noticed during the ensuing months that she stared at him frequently which made him somewhat uncomfortable. About December, he spoke to Pamela Quianthy, Attendance Clerk at the school, about Marcia's behavior. Quianthy, who had observed Marcia on several occasions because of her presence in the office as a student aide, agreed that she was a rather strange girl and that she, Quianthy, also felt uncomfortable in her presence. In March, 1976, Marcia came into another class that Respondent was teaching and somewhat hysterically told him that she needed to see him right away. Respondent sensed the urgency in her request and was pleased that she had sought him out since she had seemed somewhat hostile during prior months. They thereafter had a long discussion at his office during which she informed him that a young man who lived next door to her had raped her and that she was bleeding inside. At this time, she also expressed past and present suicidal ideations and thoughts of murdering certain persons. She said that she had not told her mother or the police about the rape and did not wish to do so. He urged her to see a physician about her condition and determined that she was willing to have her 21 year-old aunt take her for such purpose. Respondent asked Quianthy to talk to her concerning the matter and she did so. During this conversation, Marcia told her that she had been raped and had not told anyone about it. Quianthy recommended that she inform her parents and also advised her to see a doctor. The next day the aunt came to the school to take Marcia to a doctor and Respondent sent them to the school dean for necessary permission to leave the grounds. (Testimony of Respondent, Quianthy) During the third week of March, 1976, Marcia, who sat at a desk directly in front of Respondent in his classroom, began writing notes to him during class in which she expressed love for him. On one occasion, after class, she told him that she wanted to go to bed with him. He reprimanded her for her statement. She pursued her request by subsequent notes and he penned some responses thereon advising her to come to his office to talk about it or to call him at home. He was concerned for her welfare and wished to help her. He did not refer her to the school counselor because she refused to talk to anyone else about her problems and he felt capable of providing necessary counseling because of his past experience as a Baptist minister and handling work experience programs in the school system. He made arrangements with Quianthy for her to phone him at his office during Marcia's visits in order that he would have an excuse to leave if necessary because he feared what the student might do on these occasions and wanted some means of leaving gracefully. The meetings in his office were held usually before afternoon classes commenced, and were at the request of Marcia. At one of these meetings, she told him that he was "driving her crazy" and attempted to kiss him. He pushed her away and cautioned her against such demonstrations. On another occasion, she remained after class and kissed him on the cheek, telling him that she loved him. He also admonished her at that time for her conduct. The above-mentioned incidents were the only times when there was physical contact between Respondent and the student. (Testimony of Respondent, Quianthy Petitioner's Exhibits 3-8) Respondent showed Marcia's notes to his wife and they discussed them a number of times. He also showed the notes to Quianthy and Regina Howard, a friend. Mrs. Howard had previously sought out Respohdent to assist her daughter with adolescence problems because she knew of his background as a minister and youth counselor. He discussed Marcia's situation with her and was serious about his concern for the girl. He requested that Howard get in touch with Marcia. She tried to do so several times, but was unable to contact her. (Testimony of Respondent, Ruth Barnett, Howard) During the school Easter vacation in April of 1976, Marcia called Respondent's home and his wife answered the telephone. Marcia asked to speak to "Ronnie" and during a subsequent conversation with Mrs. Barnett, learned that Respondent had shown her notes to his wife. Marcia was quite upset at learning this fact and said, "I'll show him." She also acknowledged to Mrs. Barnett that she had kissed the Respondent in his office and that she would assume the blame for that incident. Respondent attempted to speak with her at this time but she was too upset. The next day her aunt called him and said that Marcia had told her of certain sexual advances that had been made by Respondent. He informed her that this was not true and asked her to have Marcia call him. She did so and they agreed to meet at Fort Lauderdale Beach because she was staying with her father there. They subsequently met at a prearranged place where Respondent picked her up in his car and, after driving around a few minutes looking for a parking space, parked in a vacant motel parking lot. Respondent explained to her that he had retained her notes against her wishes and shown them to others because he did not feel confident to counsel her concerning female problems. There was no physical contact during this meeting. (Testimony of Respondent, Mrs. Barnett) After Easter vacation was concluded, Marcia informed Respondent that her mother had found her diary and that he would have to be careful or she (Marcia) would "put a noose over his head." Her mother, after discovering the "diary" (consisting of several sheets of notebook paper) that contained matters concerning Respondent, took Marcia to their church, Jehovah's Witnesses, where she told the elders of the church about her association with Respondent. Her father, who was divorced from Marcia's mother, was present and heard Marcia relate her alleged experiences with Respondent. He thereafter reported the matter to the authorities at Coconut Creek High School, taking with him one or two pages of Marcia's diary which contained entries for the last week of March. These included references to several of her visits to Respondent's office during which he had purportedly kissed her and fondled her breasts. (Testimony of Respondent, John Vulpis, Petitioner's Exhibit 11) A school investigation ensued during which Marcia initially declined to cooperate, but eventually made a written statement in which she,stated generally that she trusted and respected Respondent, that he was a good man and she did not wish anything to happen to him. Respondent was questioned by school security personnel and he related the two incidents when Marcia had kissed him on one occasion and had attempted to do so on the other. He also told them about the incident at the beach which had not been known to the investigators at the time, and he turned over Marcia's notes to them. Later, Marcia made another written statement in which she said that she and the Respondent had kissed each other three different times in his office and that on at least two occasions, he had put his hands on her breasts inside her blouse and kissed her breasts. Her statement also related that they had kissed one another during the beach incident and that he had kissed her breasts and had put his hands down her pants and that she had touched his "privates." In this statement she also said that he had made certain suggestive statements to her during classes earlier in the school year and that, although she had informed him of a sex experience with a "guy I loved," she had not told him she was raped. (Testimony of Respondent, Stearns, Patterson, Petitioner's Exhibits 9 & 10) Marcia Vulpis testified at the hearing and her version of the relationship with Respondent and their meetings differs in material respects from that of Respondent which is set forth in the foregoing Findings of Fact. She testified that Respondent made several suggestive remarks to her during the school year. She admitted seeking him out to discuss the incident with the boy next door and that he had advised her to see a doctor. She stated that, although she had disliked Respondent at first, she later changed her views and began writing notes to him. She admitted asking him to go to bed with her, but testified that while discussing this request in his office on March 29, 1976, Respondent pulled her in the corner and kissed her. She also testified that during other visits to his office on April 5, 6 & 8, they kissed one another, and Respondent kissed her breasts and touched her on the vagina, and that she touched him on the penis through his trousers. She stated that similar acts occurred during their meeting on the beach in mid-April. After her mother discovered the diary and her father had reported the relationship with Respondent to school authorities, she asked the Respondent what they were going to do and he replied that they were in a lot of trouble. Although conceding that she was upset after discovering that Respondent had showed her notes to his wife and others, she said that she did not tell anyone she would seek revenge for his disclosure. She also conceded that she had taken LSD and "pills" from nine to eleven years of age and had had a few "trips". She testified that she attempted to kill herself when she was ten years old with a needle when she was "freaked out." She further stated that she had thought about suicide a lot of times and that the last time she harbored these thoughts was in early March and that they were prompted by her failure to get along with her mother. Although she had loved Respondent, she decided after the investigation that she loved him no more. (Testimony of Marcia Vulpis) School policy at Coconut Creek High School which is announced to all teachers at the beginning of each school year, is that an upset or disturbed child should be referred by an instructor to the school guidance staff, that included a full-time psychologist. This policy was also contained in a handbook issued to instructional personnel. (Testimony of Weatherred, Roesch, Larson) Respondent is 45 years old and posseses a bachelor of arts degree in theology and linguistics and a masters degree in elementary education. He additionally has completed approximately 90 hours of post-graduate study. He served as a Baptist minister for five years in Lowell, Massachusetts and three years in another pastorate in Newton, New Hampshire. His prior experience includes service as an elementary school principal at Turner Falls, Massachusetts. He entered the teaching profession because of family obligations that required greater remuneration than received in the ministry. He has four children. He entered the Broward County school system in 1970 working with low- achievers at the Pines Middle School in a work experience program for two years. He served one year at Plantation doing the same type of work and in 1974 was transferred to the Coconut Creek High School where he set up a work experience program. He has done extensive work in counseling young people with their problems both as a minister and teacher. Respondent admitted that he had had marital conflicts with his wife in the past and that he had lived alone in Florida for a period of time, but that their marriage relationship was good at the present time. (Testimony of Respondent, Respondent's Exhibits 2, 3) Although denied by Respondent on cross-examination, evidence was received that he had patted two female office employees of the Coconut Creek High School on their posteriors in a "friendly" manner while walking by them in the office, and that he had also ran his finger down the back of their dresses. (Testimony of Ivell, Herter) Respondent was suspended without pay by Petitioner on June 18, 1976 pending final action on the charges involving Marcia Vulpis. (Exhibit l)
Recommendation That the School Board of Broward County, Florida reinstate Ronald R. Barnett as an instructor and restore all back pay and other benefits that have been withheld during the period of his suspension. DONE and ENTERED this 13th day of August, 1976, in Tallahassee, Florida. THOMAS C. OLDHAM Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 13th day of August, 1976.
Conclusions Respondent Orange County School Board, pursuant to the September 22, 2010 order of Administrative Law Judge Susan Harrell, hereby accepts jurisdiction of this matter. Based upon the advice of counsel, Respondent Orange County School Board hereby enters a final order rejecting all bids in this matter so as to issue a new invitation to bid for provision of occupational and physical therapy services. This action is being taken to clarify standards by which the SCHOOL BOARD will award the bid. DONE AND ORDERED THIS 14" Day of December, 2010. THE SCHOOL BOARD OF ORANGE COUNTY, FLORIDA Filed December 17, 2010 4:16 PM Division of Administrative Hearings APPEAL OF FINAL ORDER This Order may be appealed by filling two copies of a notice of appeal accompanied by a filing fee, as provided in §120.68, Fl. Stats. and Fla R.App.P. 9.100(b) and (c) within thirty (30) days of the rendition of this final order. CC: Administrative Law Judge Susan Harrell Counsel of Record
The Issue This case concerns the issue of whether the Respondent should be dismissed from her teaching position in the Dade County School System for incompetence and willful neglect of duty. At the formal hearing, the Petitioner called as witnesses Patrick Gray, Richard Artmeir, Willie Joseph Wright, Jesselyn Brown, Olga Miyar, and Ira Wax. Respondent testified on her own behalf. The Petitioner offered and had admitted into evidence three exhibits. The Respondent offered and had admitted five exhibits during the course of the hearing. Respondent's Exhibit 6 is a late-filed exhibit accompanied by a stipulation entered into between the parties to this action. This was admitted as a late-filed exhibit and is part of the record. Counsel for the Respondent submitted proposed findings of fact and conclusions of law for consideration by the undersigned Hearing Officer. To the extent that those proposed findings of fact and conclusions of law are not adopted in this order, they were considered and determined to be irrelevant to the issues in this cause or not supported by the evidence.
Findings Of Fact At all times material, the Respondent was employed as a teacher by the Dade County School Board. Pursuant to a stipulation by and between the parties, the following facts are found: During the 1981-82 school year, Bertha Altuzarra was employed by the Dade County School Board and was located at Riverside Elementary. From January 4, 1982, to June 18, 1982, Respondent was absent on personal leave due to the death of her mother. On August 25, 1982, she was ordered to return to work at Riverside Elementary. Between August 27, 1981, and January 4, 1982, the Respondent was assigned to Riverside Elementary School. During this time period, she was absent from her teaching position thirty-five days. Many of the absences were without any notification to the school. Under her contract with the School Board, she was entitled to 10 days of personal leave during the school year. Prior to December 16, 1982,the Respondent had made no request for personal leave. At a conference on November 20, 1981, Respondent was given a memorandum by the assistant principal of Riverside Elementary School. The memo (Petitioner's Exhibit 3) related to the Respondent's absences from her class and the adverse affects that such absences were having on her class and the school. As of the date of the memo, Respondent had been absent 20 days and present 33 days. The following problems were noted in the memorandum: Excessive absences-33 days present; 20 days absent - causing: severe disruption in student program disruption in classroom teachers' plans administrators' inability to conduct formal observation. You were scheduled for an observation today but you were absent. Loss of mandatory parent permission letters for one of your classes that is now scheduled for another teacher. Failure to submit all class rosters - timeline given: today. Failure to adhere to class times as scheduled: tardiness in meeting groups early dismissal of students Failure to manage classroom and maintain student control: several staff members have broken up disruptions in your groups. The school monitor has been repeatedly summoned to your classroom. These problems were discussed by the assistant principal Olga Miyar, with Mrs. Altuzarra. Subsequent to the conference with the assistant principal, the Respondent continued to accumulate absences. On December 11, 1981, the Respondent was sent a memo from the principal of Riverside Elementary School regarding the absences and inquiring about Respondent's intentions for the remainder of the school year. (See Petitioner's Exhibit 2). On December 16, 1981, Respondent received the memo and responded by letter stating that her mother had been seriously ill and that she intended to be back at her class on December 17, 1981. (See Respondent's Exhibit 2). As of December 11, Respondent had been absent from her class a total of 32 days. Respondent returned to the school on December 17, 1981, and acknowledged she had had some problems with absences but that she would be back after the holiday and do her job. Pursuant to a request and authorization, Respondent went on personal leave without pay beginning January 4, 1982. As of January 4, 1982, when her leave began, the Respondent had been absent from her class a total of 35 days since August, 1981. On or about April 7, 1982, Respondent, while on leave without pay, was sent a letter requesting that she provide the School Board with a letter as to whether she intended to return to active teaching status when her leave ended on June 18. The Respondent's letter of intent was due within 30 days. As of June 7, 1982, no letter or response had been received from Respondent and a second letter was sent to her by the personnel office. On July 12, 1982, the personnel office was informed that Respondent intended to return to active teaching status. Sometime prior to August 25, 1982, Respondent received written notification to return to Riverside Elementary on August 25, 1982. When Respondent reported to Riverside Elementary School on August 25, 1982, she was informed by the principal, Jesselyn Brown, that she had been assigned to another school and was no longer assigned to Riverside Elementary. Ms. Brown called the Area Office and informed Mrs. Altuzarra that the Area Office requested she go to the Area Office. Ms. Brown also informed Mrs. Altuzarra that her position had been reallocated to a different school and that as a result, she had been surplused and reassigned to Pine Villa Elementary School. On August 26, 1982, Respondent again reported to Riverside Elementary School and was again told by the principal, Ms. Brown, that she was assigned to Pine Villa Elementary, not Riverside Elementary. She was again instructed by the principal to report to the Area Office. Mrs. Altuzarra was also informed by the area personnel director and a line director that she was assigned to Pine Villa Elementary and that she should report to Pine Villa. Sometime later, Ms. Brown received a call from Mr. Pollock, a representative of the teacher's union, and she also explained to him that Mrs. Altuzarra had been surplused and was no longer assigned to Riverside Elementary. On August 31, 1982, Respondent received a telephone call from Dr. Willie Joseph Wright, the principal of Pine Villa Elementary School. He informed her she was assigned to Pine Villa and asked why she had not reported to the school. Respondent stated that she had heard about Pine Villa and it was too far from her home and that she was not going to report. On September 20, 1982, the Respondent met with Mr. Meers, Director of the South Area to which Respondent was assigned. He instructed her to report to Pine Villa. This meeting occurred at approximately 11:30 a.m. and the Respondent never reported to Pine Villa. The Respondent, in the meeting with Mr. Meers, stated she would report to Pine Villa Elementary. Sometime prior to September 20, 1982, Respondent also received a telephone call asking her to report to Caloosa Elementary School for a possible position there. She went to Caloosa Elementary, but was informed by the principal that there was no position for her at Caloosa Elementary. The Respondent had not received a letter or writing of any type requesting her to report to Caloosa Elementary. On November 3 1982, Respondent and Mr. Bennie Pollock, United Teachers of Dade County representative, met with Mr. Richard A. Artmeir, Supervisor of the Division of Personnel Control, to discuss Respondent's failure to report to Pine Villa Elementary School and to also discuss her excessive absences during the 1981-82 school year. Subsequent to the meeting, Respondent was sent, by certified mail, a memorandum of the conference which included a reprimand for having willfully been absent from her assigned work location without authorization. On October 15, 1982, Dr. Ira Wax, the Assistant Superintendent of the Office of Personnel, submitted to the Executive Director of the Division of Personnel Control of the Dade County School Board, a recommendation that dismissal proceedings be initiated against the Respondent. Respondent testified that the only reason she never reported to Pine Villa Elementary was because she had not received a letter or writing assigning her to Pine Villa.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Dade County School Board enter an order dismissing the Respondent and denying her request for back pay. DONE and ENTERED this 20th day of July, 1983, in Tallahassee, Florida. MARVIN E. CHAVIS, 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 July, 1983. COPIES FURNISHED: Jesse James McCrary, Jr., Esquire 3050 Biscayne Boulevard Suite 800 Miami, Florida 33137 William DuFresne, Esquire Ellen L. Leesfield, Esquire DuFresne & Bradley 1782 One Biscayne Tower Two Biscayne Boulevard Miami, Florida 33131 Dr. Leonard Britton Superintendent of Schools Lindsey Hopkins Building 1410 Northeast Second Avenue Miami, Florida 33132