The Issue The issue to be determined is whether Respondent, Joan Bannister, has violated the provisions of section 1012.795(1)(j), Florida Statutes (2011), and Florida Administrative Code Rule 6A- 10.081(3)(a) and (e), and if so, what penalty should be imposed?
Findings Of Fact Joan Bannister is a licensed educator in the State of Florida, holding certificate number 893735. Her certificate covers biology and math, and is valid through June 2015. During the time period relevant to the Administrative Complaint, Respondent taught math at Eustis Middle School. On or about January 30, 2012, Respondent had a student in her first-period math class named B.T. B.T. came to school that morning in a tank top and a shirt. From the testimony provided, it is inferred that the shirt was worn unbuttoned, like a sweater or jacket, over the tank top, but with the tank top showing. As B.T. entered Ms. Bannister’s classroom that morning, Ms. Bannister noticed that B.T.’s stomach was showing below the tank top. Ms. Bannister asked B.T. to adjust her shirt so that her stomach would not show. B.T. pulled her tank top down as requested. The adjustment that B.T. made to her tank top resulted in a new problem: too much cleavage visible to comply with the school dress code. As B.T. and Ms. Bannister walked into the room, Ms. Bannister asked B.T. to adjust her shirt again, so that she did not show so much cleavage. B.T. did not appreciate the second request to adjust her shirt, but Respondent’s claim that B.T. engaged the class by asking them whether her shirt was too low is rejected. B.T. was, however, apparently visibly annoyed and did not think that her tank top was too low. Considering the evidence in the light most favorable to Respondent, Ms. Bannister picked up a ruler off a desk near her own and said, “well, we could always measure it.” There was conflicting testimony regarding what term Respondent used to describe B.T.’s exposed chest. Whether Respondent used the term “chest,” “cleavage,” or “boobage,” is irrelevant. What matters is that Respondent made a statement in front of the class suggesting that it would be appropriate to measure the amount of B.T.’s cleavage that was visible in order to make her point about the dress code violation. The statement was loud enough that other students in the classroom could hear it. Respondent did not actually approach B.T. with the ruler or attempt to measure her in any way. However, B.T. was very upset and embarrassed by the comment, picked up her books, and left the classroom. She did not seek permission before doing so. B.T. admitted at hearing that she never liked Ms. Bannister. However, her version of the incident is credible and corroborated in several key points by other students who were present that day. By contrast, Ms. Bannister’s testimony was internally contradictory and conflicts with the testimony of the students in many respects. B.T.’s testimony that she left the classroom immediately without getting a pass or asking permission to do so is credited. B.T. went to see Erin Porter, her guidance counselor. Initially, Ms. Porter was not in her office, so B.T. consulted with the school resource officer, Deputy King, and told him about the incident. While B.T. was in his office, Ms. Porter returned to her office and B.T. told her about the interaction with Ms. Bannister. Ms. Porter felt that the situation was more a teacher issue than a guidance issue, and reported it to administration. The school district conducted an investigation of the incident, and interviewed several students, Ms. Porter, and Ms. Bannister. Ms. Bannister was notified of the investigation by letter dated February 2, 2012. Ms. Bannister was removed from the classroom during the investigation and directed to work at the District Copy Center until a decision was reached. On February 6, 2012, Respondent was notified by the Superintendent of Schools, Susan Moxley, that Superintendent Moxley was recommending that she be suspended for five days without pay, and that she participate in a professional development practicum designed to assist teachers with classroom issues. The date of the suspension was to be determined once Respondent’s due process rights were satisfied. On February 8, 2012, Respondent was notified that the investigation was concluded and that she would return to her classroom effective February 9, 2012. B.T. was reassigned to another math class. The incident was publicized in the local community, through the internet, newspaper, and local television. Both Ms. Bannister and B.T. were embarrassed by the news coverage. B.T. was also embarrassed by the amount of attention the incident received at school, because other students talked about the incident and made fun of her. Respondent resigned from her position with the Lake County School District, effective March 30, 2012, in order to take a job in another school district. Respondent submitted her resignation with an effective date of April 6, 2012, but for reasons that are unclear, the effective date was changed to March 30, 2012.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission enter a Final Order finding that Respondent has violated section 1012.795(1)(j) and Florida Administrative Code Rule 6A- 10.081(3)(a) and (e). It is further recommended that Respondent be issued a reprimand; be required to complete a three-hour college-level course on classroom management; and be placed on probation for a period of one year, subject to such terms and conditions as the Commission may require. DONE AND ENTERED this 21st day of May, 2014, in Tallahassee, Leon County, Florida. S LISA SHEARER NELSON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 21st day of May, 2014. COPIES FURNISHED: Gretchen Kelley Brantley, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Suite 224 Tallahassee, Florida 32399-0400 Joan Bannister 9256 New Orleans Drive Orlando, Florida 32818-9076 Ron Weaver, Esquire Post Office Box 5675 Douglasville, Georgia 30154 Marian Lambeth, Bureau Chief Bureau of Professional Practices Services Department of Education Turlington Building, Suite 224-E 325 West Gaines Street Tallahassee, Florida 32399-0400 Matthew Carson, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400
