The Issue The issue in this case is whether the application of Petitioner, Kenneth Crowder, for a Florida Educator's Certificate should be denied for the reasons set forth in the Notice of Reasons issued on July 22, 2005, by Respondent, John Winn, acting in his capacity as the Commissioner of Education.
Findings Of Fact On or about February 28, 2002, the Ohio State Board of Education notified Petitioner, Kenneth Crowder, that it intended to suspend, revoke, or limit his teaching certificate. The proposed action was based on allegations that Petitioner engaged in inappropriate conduct with three female students, engaged in inappropriate conduct with a female teacher in December 2000, and was convicted of disorderly conduct, which was amended from a charge of domestic violence. An administrative hearing was conducted with respect to Petitioner's Ohio teaching certificate on March 11 and 14, 2002. The hearing was conducted in accordance with Chapter 119 of the Ohio Revised Code. Petitioner appeared at the hearing, was represented by counsel, and testified on his own behalf. There were three alleged incidents involving allegations of Petitioner's inappropriate conduct with female students that were litigated during the Ohio administrative proceedings. The first alleged incident occurred during the 1999-2000 school year when Petitioner was employed at Northland High School. The other two incidents allegedly occurred during the 2000-2001 school year when Petitioner was employed as a teacher at Brookhaven High School. The Ohio State Board of Education alleged that during the 1999-2000 school year, while a teacher at Northland High School, Petitioner inappropriately touched Ms. Tranette Nicole Jackson, a student in his science class. At the time of the incident, Ms. Jackson was about fifteen and a high school freshman.3 During the Ohio administrative proceeding, Ms. Jackson testified that on March 21, 2000, Petitioner called Ms. Jackson up to his desk and told her he wanted to see her after class.4 At the end of class, with no one else present in the classroom, Ms. Jackson reported to Petitioner's desk. Petitioner then touched Ms. Jackson's leg and rubbed her skirt, raising the skirt. Petitioner then told Ms. Jackson that he needed to see her in the supply room, which was across the hall from the classroom. Ms. Jackson accompanied Petitioner into the supply room, where Petitioner put both hands on Ms. Jackson's buttocks and stated, "This is what I wanted to talk to you about. Keep it to yourself." Ms. Jackson testified that Petitioner then gave her a pass to her next class. Ms. Jackson testified that she was "confused," "scared," and "uncomfortable" about the incident and that she reported it to one of her teachers that same day. The incident was then reported to the school principal and the Franklin County Children Services. After the incident, Ms. Jackson was reassigned from Petitioner's science class to another class. During the Ohio proceedings, Petitioner testified that he never touched Ms. Jackson, but that he reprimanded her for her inappropriate attire. Petitioner testified that in instances where students had on inappropriate attire, the school policy required teachers to send such students to the front office. Notwithstanding the school policy, Petitioner testified that he spoke with Ms. Jackson alone and after class concerning her attire. This failure to abide by school policy lends credence to Ms. Jackson's version of events. Moreover, Petitioner's complete inability on cross-examination during the instant hearing to provide his version of the incident leads the undersigned to accept Ms. Jackson's testimony.5 In the 2000-2001 school year, Petitioner was transferred from Northland High School to Brookhaven High School (Brookhaven), where he taught ninth grade science. The Ohio State Board of Education alleged that during the 2000-2001 school year, while he was employed as a teacher at Brookhaven, Petitioner engaged in two incidents involving inappropriate conduct with female students and one incident involving inappropriate conduct with a female teacher. In one instance, it was alleged that on December 19, 2000, about a day before the Christmas break, Petitioner asked a female student, identified as Student 2, to come to his room after school and give him a hug. It was alleged that the student refused to comply with Petitioner's request and reported the alleged incident to school officials. Student 2 did not testify at the Ohio administrative proceeding. However, Judith Gore, the assistant principal for student services at Brookhaven, one school official to whom Student 2 reported the incident, testified at the Ohio administrative proceeding. Ms. Gore testified that in January 2001, Student 2 told her that on or about December 19, 2000, Petitioner approached Student 2 and told her to give him a hug after school and that when she came to the room she should not wear her jacket. Ms. Gore also testified that Student 2 reported that although Petitioner approached her and requested a hug in December 2000, Student 2 told her that she reported it in January 2001, soon after and because Petitioner approached her in January 2001, after the Christmas break, and asked why she had not come to his room and hugged him in December 2000, before the winter holiday. Ms. Gore also testified that as a result of Petitioner's comments, the student was extremely uncomfortable. Ms. Gore testified that she later attended a conference with the student's father and Petitioner regarding the incident. Student 2 did not testify at the Ohio administrative proceeding. However, Petitioner testified at the Ohio administrative hearing that he asked Student 2 for a hug on or about December 19, 2000, the day before winter recess. Petitioner testified that Student 2 was in the hallway, and he said to her, "Hey, yeah, give me a hug. It's Christmas time. I wish you a Happy New Year and a Merry Christmas." Petitioner testified that at the time he requested that Student 2 give him a hug, she was not in any of his classes, but was one of his student assistants. In fact, Petitioner testified that when he requested that Student 2 give him a hug after school, she was not in his classroom, but was in the hall at her locker. Petitioner testified that because December 19, 2000, was the day before the Christmas recess, it was not unusual for students to hug him. However, Petitioner testified that Student 2 did not make any overtures indicating she wanted to hug him. Rather, Petitioner testified that he approached Student 2 and asked her to hug him. Based on Petitioner's testimony in the Ohio hearing and the instant proceeding, regarding Student 2, it is found that in December 2000, Petitioner approached Student 2 while she was in the hall at her locker and asked her to give him a hug. Ms. Gore testified that during December 2000, a different female student, Student 3, complained to her that Petitioner had touched her buttocks while passing behind her. Student 3 did not testify at the Ohio administrative proceeding, and no evidence was presented at the Ohio administrative proceeding or the instant administrative hearing to establish this charge. At the Ohio administrative proceeding, the Ohio State Board of Education litigated the allegation that Petitioner had engaged in inappropriate behavior with a teacher at Brookhaven. Mary Williams, who was a co-worker of Petitioner at Brookhaven High School, testified in the Ohio administrative proceeding. Ms. Williams testified that, in December 2000, while she was standing at the counter in the main office of the school, Petitioner passed by and intentionally brushed against her buttocks. Ms. Williams also testified that the office was large enough so that Mr. Crowder needed not to touch her at all. Ms. Williams was upset by Petitioner's actions and informed him, in graphic language, what would happen if he ever did it again. Petitioner then apologized to Ms. Williams. Petitioner's testimony concerning the incident involving Ms. Williams is conflicting. For instance, Petitioner testified during the Ohio proceedings that if he brushed his hand against Mr. Williams' buttocks, it was purely accidental. During the instant proceedings, however, Petitioner acknowledged that he touched Ms. Williams' buttocks, but explained that it occurred accidentally as a result of his carrying a meter stick through the office area. At no time during Petitioner's prior testimony did he mention that the touching occurred with a meter stick, or even that he was carrying a meter stick. Accordingly, the undersigned finds Ms. Williams' testimony to be more credible. John Tornes, the personnel director for Columbus City Schools, testified at the Ohio administrative proceeding that as a result of the accumulation of allegations and incidents, Petitioner was assigned to work at home, effective January 29, 2001. The following day, January 30, 2001, Petitioner was assigned to a location where he had no contact with students. On March 26, 2001, Petitioner resigned from the Columbus City Schools, effective June 8, 2001. Mr. Tornes testified that Petitioner was not eligible for rehire. Mr. Tornes explained: During every year of Mr. Crowder's employment, there was an allegation of sexual harassment or abuse; three straight years of it while at Crestview Middle School [sic],[6] while at Northland High School, and then the incident just kept ballooning at Brookhaven High School. . . . His behavior became so questionable that it was no longer feasible for the district to continue his employment. The Ohio State Board of Education litigated the issue of Petitioner's conviction of disorderly conduct, which was amended from a charge of domestic violence. During the Ohio proceedings, Jill S. Harris testified on behalf of the Ohio State Board of Education. Ms. Harris testified that for about a year, beginning in 1999, she was involved in a rocky relationship with Petitioner. During that period, Petitioner and Ms. Harris were living together. According to Ms. Harris, on October 7, 2000, Petitioner, after a night of drinking, arrived home at approximately 5:30 a.m., at which point a violent argument ensued. During their confrontation, Petitioner struck Ms. Harris twice in the face, bruising her chin and cheek and cutting her lip. At some point during the argument, Ms. Harris summoned the police. However, when they arrived, Ms. Harris informed the responding officers that nothing was wrong due to her fear of retaliation from Petitioner. Ms. Harris testified that after the police left, the Petitioner picked up a glass table and threw it at her, breaking the table. Petitioner also grabbed Ms. Harris, at which point she cut her foot on the broken glass. Ms. Harris then left the house and called the police from the vehicle she was driving. Soon after Ms. Harris called, police officers met Ms. Harris and returned with her to the house where she and Petitioner lived. When they arrived there, Petitioner was not there. Officer Sheri Laverack was one of the police officers who met with Ms. Harris on October 7, 2000, shortly after the incident, and investigated the matter. At the Ohio administrative proceedings, Officer Laverack testified that soon after the altercation between Ms. Harris and Petitioner, she observed that Ms. Harris' "lip had been busted and her face was swelling and the bottom of her foot was cut." Officer Laverack also observed that there was bruising around one of Ms. Harris' eyes. At both the Ohio administrative proceeding and in the instant proceeding, Petitioner denied that he struck Ms. Harris in the face and caused the injuries to her face that were observed by Officer Laverack. However, it is found that his testimony was not found to be credible by the hearing examiner presiding over the Ohio administrative hearing. Petitioner has offered conflicting testimony with respect to the incident involving Ms. Harris and the cause of her facial injuries. During the Ohio administrative proceeding, Petitioner testified that he slammed his hand down on the glass table, causing it to come up and hit her. At no time during the Ohio proceeding did Petitioner testify that Ms. Harris lifted up the table or in any way contributed to the facial injuries she suffered. However, during the instant proceeding, Petitioner testified that when he hit the glass table, Ms. Harris "pulled the top of it up, and I think it [the glass portion of the table] hit her in the chin or something to that effect." Petitioner then testified that "I don't really recall . . . that's what I vaguely recall." Petitioner's testimony concerning the October 7, 2000, incident and how Ms. Harris sustained the injuries to her face is inconsistent and not credible. In light of the multiple injuries to Ms. Harris' face (a cut to her lip, swelling on the right side of her face, and bruising around her eye), it is unlikely that Ms. Harris' injuries could have been sustained in the manner described by Petitioner. Petitioner's testimony in the instant proceeding that he did not hit Ms. Harris is not credible. On the other hand, given the nature of the injuries, it is more probable that Ms. Harris' injuries resulted from Petitioner's hitting her, as she testified. It is found that Ms. Harris' testimony that Petitioner struck her in the face was credible. Moreover, Ms. Harris' credible testimony was substantiated by the testimony of Officer Laverack, who observed the injuries to Ms. Harris on October 7, 2000, shortly after the incident. As a result of the October 7, 2000, incident, Ms. Harris filed domestic violence and assault charges against Petitioner. Ultimately, as a result of the incident, Petitioner was charged with disorderly conduct. On June 25, 2001, Petitioner entered a guilty plea to the amended charge of disorderly conduct. Pursuant to an agreement with the State of Ohio, Petitioner was sentenced to 30 days in jail, with the sentence being suspended if and when Petitioner made restitution of $1,000 to Ms. Harris for the damage to her table. Petitioner paid the restitution. At the time of the Ohio administrative proceeding, Petitioner had a four-year middle school teaching certificate with an expiration date of June 30, 2002, and had applied for a temporary teaching certificate. On April 2, 2002, the Ohio hearing examiner submitted a recommended order to the Ohio State Board of Education. In the recommended order, the hearing officer found that Petitioner sexually abused Ms. Jackson, inappropriately touched Ms. Williams, and committed an act of violence against Ms. Harris. In addition, the hearing examiner recommended that the Ohio State Board of Education revoke Petitioner's teaching certificate and deny his application for a temporary teaching certificate. In a Resolution dated May 16, 2002, the Ohio State Board of Education revoked Petitioner's teaching certificate. The Resolution was adopted by the Ohio State Board of Education at its meeting on May 14, 2002. The Ohio State Board of Education's Resolution stated that it was revoking Petitioner's middle school teaching certificate "based upon his 2001 conviction for disorderly conduct stemming from domestic violence and inappropriate sexual contact with three female students and one female teacher during 2000 and 2001." Petitioner appealed the decision of the Ohio State Board of Education. The Ohio State Board of Education's decision was subsequently affirmed on appeal by the Ohio Court of Common Pleas on August 11, 2003, in Case No. 02CVF06-6230.7 The testimony of Ms. Harris, Ms. Williams, Ms. Jackson, Officer Laverack, Mr. Tornes, and Ms. Gore in the Ohio proceeding constitutes an exception to the hearsay rule under Subsection 90.803(22), Florida Statutes.8 Therefore, the testimony of the foregoing named individuals in the Ohio administrative proceeding is sufficient in itself to support a finding of fact and does not run afoul of Subsection 120.57(1)(c), Florida Statutes.9 Petitioner's conduct fell short of the reasonable standard of right behavior that defines good moral character. By any reasonable standard, it is wrong for a teacher to brush his hands on the buttocks of a student and of a fellow colleague. The wrong is compounded when the teacher instructs the student to conceal the fact that he engaged in such conduct. During his testimony, Petitioner admitted that he asked a high school student to give him a hug. By any reasonable standard, this conduct fell short of right behavior that defines good moral character. Petitioner's testimony regarding the circumstances and appropriateness of such a request is not credible or persuasive. Neither does Petitioner's explanation provide a reasonable basis for a teacher to solicit a hug from any student. Petitioner's conduct of committing acts of violence against the woman with whom he lived likewise fell short of the reasonable standard of right behavior that defined good moral behavior. The three incidents in which Petitioner engaged in inappropriate conduct with Ms. Jackson, Student 2, and Ms. Williams, occurred at school. The incident involving Ms. Jackson, one of his students, occurred on school grounds in March 2000. The conduct in which Petitioner engaged with Student 2 and with Ms. Williams, his colleague, occurred at school in December 2000. Petitioner's pattern of conduct with two female students and a female teacher demonstrates that he is an unsuitable candidate for a teaching certificate. Moreover, Petitioner's conduct as established by the facts of this case, particularly as it directly involved students at the school, bears directly on his fitness to teach in the public schools of Florida. The evidence failed to establish that Petitioner possesses the good moral character required of a teacher in this state. For this reason, Petitioner is not eligible for certification. The evidence establishes that Petitioner committed an act or acts for which the Education Practices Commission would be authorized to revoke a teaching certificate. The evidence establishes that Petitioner has been guilty of gross immorality of an act involving moral turpitude. The evidence establishes that Petitioner has had a teaching certificate revoked in another state. The evidence establishes that Petitioner pled guilty and was convicted of the misdemeanor charge of disorderly conduct. The evidence establishes that Petitioner has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. The evidence establishes that Petitioner failed to make a reasonable effort to protect students from conditions harmful to learning and/or to the student's mental health and/or physical health and/or public safety. The evidence establishes that Petitioner intentionally exposed a student to unnecessary embarrassment or disparagement. The evidence establishes that Petitioner exploited a relationship with a student for personal gain or advantage. The evidence establishes that Petitioner has engaged in harassment or discriminatory conduct, which unreasonably interfered in an individual's performance of professional or work responsibilities or with the orderly processes of education or which created a hostile, intimidating, abusive, offensive, or oppressive environment and, further, failed to make reasonable effort to assure that each individual was protected from such harassment or discrimination.
Recommendation Based on the foregoing Findings of Fact and Conclusion of Law, it is RECOMMENDED that the Education Practices Commission enter a final order denying Petitioner's application for a teaching certificate and providing that he be permanently barred from re- application pursuant to Subsection 1012.796(7)(a), Florida Statutes. DONE AND ENTERED this 24th day of May, 2006, in Tallahassee, Leon County, Florida. S CAROLYN S. HOLIFIELD 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 24th day of May, 2006.
The Issue At issue herein is whether or not the Respondent School Board of Dade County's reassignment of the Petitioner based on an alleged pattern of disruptive behavior in the educational program should be sustained.
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, the following relevant facts are found. During September, 1978, Victor John Cecchi was transferred from Miami Springs Junior High School to the Jan Mann Opportunity School North. Charles W. Bales, the principal of Miami Springs Junior High School appeared at the hearing and testified that the Petitioner was transferred based on an extensive pattern of "disruptive behavior in the educational program which deprived other students in the program of the full benefits of the educational system." According to principal Bales, the transfer to the Jan Mann Opportunity School North is one where the Opportunity School provides a more controlled atmosphere, smaller classes, more direct supervision which enables a "problem child" to get the benefits of the Dade County educational program. It is eventually the goal of the Opportunity School to reintegrate the "problem child" back into the regular school system so that he is mainstreamed back into the full academic process. During the period October 4, 1977 through the assignment in September of 1978, Petitioner had been referred to the principal's office 35 times for referrals due to disruptive behavior. Principal Bales testified in detail respecting the various incidences by the Petitioner wherein he had been involved in an extended pattern of disrupting classes, leaving the school campus without permission, engaging in altercations with other students and destroying the personal property of others. During these incidences, petitioner was at times returned to the school campus by truant officers and officers from the Miami Springs Police Department While the Petitioner, through his father, does not dispute the fact that he was referred to the principal`s office based on a pattern of disruptive behavior, Petitioner requested that his son be reconsidered for reassignment back in the normal school program at Miami Springs Junior High School. In this regard, testimony reveals that the Petitioner has attended the Jan Mann Opportunity School for a total of only three days since his reassignment to the center. Testimony reveals further that the school system through its Opportunity School affords "problem or disruptive students" opportunity to reacclimate themselves through the process by attending the Opportunity School which provides a different setting. For example, the classroom setting is very individualistic and the number of students range from eight to twelve. Special vocational programs are offered and the pupil to counselor ratio is greater in the Opportunity School. For these reasons, and based on the fact that the Respondent has afforded Petitioner numerous occasions within which he was allowed to correct his disruptive pattern while attending the Miami Springs Junior High School, I shall recommend that the Respondent's reassignment of him to the Jan Mann Opportunity School be upheld.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby recommended that the petition filed herein be dismissed. DONE and ORDERED this 27th day of August, 1979, in Tallahassee, Florida. COPIES FURNISHED: Richard Cecchi 331 Swallow Drive Apartment 17 Miami Springs, Florida 33166 Michael J. Neimand, Esquire Dade County School Board Lindsey Hopkins Building 1410 NE 2nd Avenue Miami, Florida 33013 JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings 101 Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 27th day of August, 1979.
Findings Of Fact The Respondent was employed as an instructional employee of the School Board of Dade County at Mays Junior High School on or about October 13, 1982. The Respondent was serving as the Band Director for Mays Junior High School at that time. On October 13, 1982, a group of boys (apparently students) at Mays Junior High School, were engaged in a fight or some such altercation outside the band room where the Respondent engaged in his duties as Band Director. The Respondent went outside to attempt to quell the disturbance and engaged in a discussion of some nature with the students in the group he was trying to disperse. The students would not cooperate and the discussion became heated. The Respondent walked over to his car, parked a short distance away, got in the car and drove it back to the band room. The Respondent got out of his car, which he had parked in the immediate vicinity of the group of boys, and once more asked them to leave the area, or, if they were going to leave. They refused to comply with his direction and so the Respondent went to the trunk of his car, opened the trunk and removed a rifle and, with the rifle in his hand, walked over and began talking to the boys once again. A teacher, Mrs. Patricia Holland, and a student, Sonia Everett, observed this entire incident, beginning with the point in time when the Respondent first attempted to quell the disturbance before he went to get his car. The Respondent held the gun in his hand as he walked over once more to talk to the group of boys. At all times he held the gun pointed in a downward direction and pointed it at no person. It was not established that the gun was loaded. Although other witnesses testified they observed the Respondent pointing the gun at student Darryl Ward, witnesses Holland and Everett observed the entire episode and I find their testimony more credible and worthy of belief and accept it over that of the other witnesses after having observed the candor and demeanor of all the witnesses upon direct and cross-examination.
Recommendation Having considered the foregoing Findings of Fact and Conclusions of Law, the evidence in the record and the candor and demeanor of the witnesses, it is, therefore RECOMMENDED: That the charges against the Respondent, Norman White, be DISMISSED and that any and all back-pay be restored to him. DONE and ENTERED this 20th day of May, 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 20th day of May, 1983. COPIES FURNISHED: Jesse J. McCrary, Jr., Esquire 3000 Executive Building 2050 Biscayne Boulevard Miami, Florida 33137 William Du Fresne, Esquire 1782 One Biscayne Tower Two South Biscayne Boulevard Miami, Florida 33131-1370 Dr. Leonard Britton, Superintendent Lindsey Hopkins Building 1410 Northeast Second Avenue Miami, Florida 33132
Findings Of Fact Respondent, Laverne Reaves, has been employed as a teacher by the Petitioner since the 1966-67 school year and has been a junior high English language arts teacher since the 1971- 72 school year. For the 1982-83 school year and the subsequent years, except for a period of maternity leave, Respondent was employed as an English language arts teacher at Highland Oaks Junior High School (Highland Oaks). Prior to Respondent's assignment to Highland Oaks, her yearly evaluations indicated acceptable performance. In Fall, 1982, the Dade County School Board initiated a pilot program known as the Teacher Assessment and Development System (TADS). Highland Oaks was one of the schools selected for the pilot program. During the time she was at Highland Oaks, beginning with the 1982-83 school year, Respondent failed to demonstrate acceptable teaching in every classroom observation and in every language arts assignment. After an absence due to a back injury, Respondent reported to Highland Oaks at the end of September or at the beginning of October, 1982, after the beginning of the school years. Respondent missed the teacher orientation session because of her injury. When Respondent arrived at Highland Oaks, Ms. Ruskin, the English language arts department head met with her, as with any new teacher, to orient her to the textbooks to be used at each level, course outlines, basic curriculum, and the teacher manuals. Parents of the students began registering complaints the second day Respondent taught at Highland Oaks, and continued to complain on a regular basis. One of the major complaints was that the children were being taught at a level beneath their ability. These were Level III students (average-above average ability) who were being taught as Level II students (below average ability). Due to a scheduling error, Respondent believed that one class of Level III student was Level II. The complaints came not only from the class in which the administrative scheduling error was made, but also from other classes. The error was soon corrected. The parents also complained about Respondent's preparation for the classes and her knowledge and ability to teach. In addition to not teaching on the level of the students; she was assigning them book reports that were at a very elementary level. She was using textbooks that were far below their level. Her language was not appropriate. She assigned work to the class but did not explain it. The parents also complained that Respondent's homework assignments were not meaningful and that when she gave homework, she did not collect it, grade it, return it, or use it as part of the instruction. She wasted a lot of class time going off on tangents. The parents also complained that Respondent lacked control of the classroom and that she did not maintain appropriate relations with the parents. They complained that she called the students names, such as "stupid" and "ignorant," and constantly told the children to "shut up." She was hostile and aggressive and sometimes embarrassed and ridiculed students. The parents stated that Respondent threatened the students if they complained to their parents. The parents wanted to have their children removed from Respondent's class. The children did not want to go to her class. The parents felt that the situation was potentially dangerous as Respondent ignored dangerous situations. Because of the parental complaints, Assistant Principal Sarah Nelson had a conference with Respondent on October 8, 1982. Ms. Ruskin met with Respondent on October 12, 1982, in an effort to assist Respondent in the problems she was having in discipline, assigning homework, and general curriculum problems. Ms. Ruskin provided additional materials to Respondent in an effort to help her. These included books, tests, balanced curriculum, classroom materials, semester course outlines, SAT outlines, and publications about writing, course objectives for advanced level students, and suggested activities for lower level students. Other teachers in the department offered help, as well. Although Ms. Ruskin indicated that she was available to help in any way, Respondent never came to her for assistance. Respondent was officially observed in her seventh grade English Level II class on October 13, 1982, by Ms. Nelson. Respondent was rated overall unacceptable, and specifically, unacceptable in preparation and planning and techniques of instruction. Respondent was rated unacceptable in preparation and planning because the classroom activities did not reflect evidence of effective instructional planning and Respondent had not turned in lesson plans on a regular basis, as required. The objectives were too general and the homework was not specific enough. The expectations for Level III students were not higher than for Level II students. Respondent was rated unacceptable in techniques of instruction because she failed to adapt materials and methods to the interests, needs and abilities of her students, e.g., Level II versus Level III students, and she did not use instructional strategies for teaching the subject matter to the different levels. Her level of questioning was not done in enough depth. Her lesson lacked closure, i.e., review, recap. She failed to explain words which needed explanation. Spelling and vocabulary were to be done on a weekly basis, and yet, Respondent had only given one spelling test since the beginning of school. The homework did not have any meaningful value and the students who did the homework were not rewarded by having it collected. Students who did not do the homework were not penalized in any way. Although classroom management was rated acceptable; Mrs. Nelson was concerned that it took Respondent 20 minutes out of a 50-minute period to have the class begin working. There was too much movement in the room, which distracted students who were trying to read. Mrs. Nelson recommended that Respondent establish and enforce classroom rules. Mrs. Nelson further recommended that Respondent clearly state her objectives in the next week's lesson plans and that those objectives be differentiated for the two levels taught. Mrs. Nelson discussed the deficiencies in Respondent's lesson plans with her approximately a dozen times. Mrs. Nelson also offered to make sure that Respondent had the proper books and materials and that if she needed any additional help, she would be happy to help her and indicated that Ms. Ruskin would also be able to assist. Respondent was next formally observed on November 9, 1982, by Dr. Mildred Augenstein, principal, in her seventh grade Level III class. Respondent was rated unacceptable in knowledge of subject matter, classroom management; and techniques of instruction. Based on the observation of October 13, 1982, and her own observation, Dr. Augenstein established a written prescription to help Respondent remedy her problems. Although Respondent was rated acceptable in preparation and planning at the November 5, 1982, observation, Dr. Augenstein made specific recommendations as to preparation and planning because of the unacceptable ratings on October 13, 1982. These included turning in lesson plans weekly to Mrs. Nelson. They were to be done in depth, separately for Level II and Level III classes. They were to contain specific components and were to reference the Balanced Curriculum, a School Board rule on course objectives. The requested actions were to be completed by December 3, 1982. Respondent was rated unacceptable in knowledge of subject matter because she made errors in subject matter, e.g., inaccurate definition of science fiction. She read off words for a spelling test without giving the students a sentence in which they could hear the words. This confused the children. Dr. Augenstein prescribed required actions for remediation and recommended resources to which Respondent could turn for help in upgrading her preparation in English language arts. These included specific exercises in the TADS prescription manual dealing with knowledge of the subject matter, to be completed by December 8, 1982. Respondent was also instructed to contact the Teacher Education Center (TEC) to identify any course offerings in the area of language arts by December 15, 1982. Respondent was to visit other language arts classrooms in order to observe the different levels of instruction prior to December 15, 1982. Respondent was rated unacceptable in classroom management because the students spoke at will without raising hands. There was a constant undercurrent of conversation, and Respondent kept "shushing" them as a whole group without dealing with the specific behavior of individuals and making corrections. Respondent did not begin the class promptly. Dr. Augenstein prescribed required actions for remediation and recommended resources to which Respondent could turn for help in classroom management. These included beginning classes promptly and establishing a set of simple class rules and following through on them by December 15, 1982. Respondent was directed to investigate a course on assertive discipline or teacher effectiveness training and to enroll in a TEC course in classroom management by March, 1983. Respondent was directed to review the faculty handbook which contained the rules and regulations of the school and was asked to work with the assistant principal, Mr. Fontana, to set up a set of classroom rules. Respondent was rated unsatisfactory in techniques of instruction because she failed to employ techniques which provided stimulating, varied and productive learning experiences for the students. Her lesson was not sequenced properly in that no background was given and there was no follow-through at the end as to what had been accomplished. When the students tried to ask questions for clarification, Respondent failed to answer them. The students were very confused. Respondent failed to anticipate the problems that the students would have in the lesson. Dr. Augenstein prescribed required actions for remediation and recommended resources to which Respondent could turn for help in improving her techniques of instruction. These included the TADS manual exercise on questioning skills, verbal interaction, effective teaching strategies, and instruction sequence; to be completed by January 15, 1983. Respondent needed to learn how to ask questions which led the students into more critical thinking and analytical skills, and not simply ask low level recall questions. Respondent was to demonstrate at least one new teaching approach by January 15, 1983. Parent complaints continued and culminated in a meeting on November 23, 1982, between a group of 19 parents and the principal. The principal held a meeting with Respondent on November 29, 1982, to discuss those complaints. Thereafter, the complaints continued and were far in excess of any that the principal had ever received about any other teacher. On December 13, 1982, the principal directed a memorandum to Respondent regarding her failure to comply with provisions of the previous prescription. Respondent had failed to turn in lesson plans as directed and her plans still did not differentiate between Level II and Level III. Children were given simple spelling words, e.g., leg, heat, without being given the purpose for their study. This confused the students as to why they were being made to learn easy words. The students were given a list of adverbs to use in a sentence and the words were not all adverbs. Parent complaints continued. One complaint concerned a disturbance in Respondent's classroom. Rather than dealing with it appropriately, Respondent stated that the two students who were involved should hang themselves. Parents tended to view Respondent as belligerent, abusive, and non-responsive to the academic and emotional needs of the students. On December 14, 1982, Respondent was released from classes to observe other language arts classrooms and to obtain direct assistance from the department head who was also released for the afternoon. Respondent was next formally observed in a seventh grade class on January 6, 1983, by Dr. Augenstein. Respondent was rated unacceptable in preparation and planning, knowledge of subject matter, techniques of instruction, assessment techniques, and teacher-student relationships. Respondent still had not completed her previous prescription. Respondent was rated unacceptable in preparation and planning because her lesson plans were not realistic or appropriate and were not followed through. Respondent was rated unacceptable in knowledge of subject matter because she used a sentence that lacked a verb, i.e., "what hour you went to bed last night?" She also gave a spelling test of homonyms, but in some of the sentences, she used two of the homonyms, and the students were confused as to which form they were supposed to spell, e.g., "I want to go there too." While Respondent was rated acceptable in classroom management, that category was minimally acceptable. There was still an undercurrent of whispering and very few students were raising their hands before speaking out. Respondent was rated unacceptable in techniques of instruction because she had difficulty in sequencing the material, explaining and clarifying it. There was no connection made to what the students had previously learned. Respondent was not able to make clear to the students what an inference was. She never went beyond the textbook definition. She did not relate the term to the students' lives. The homework assignment was given very hurriedly and was vague. The students were unsure of what they were supposed to do. Respondent was rated unacceptable in assessment techniques because there was no evidence that student compositions were being written, collected, evaluated, and redone. That is a requirement of the Balanced Curriculum. When Respondent returned some papers to the students to look at "for a minute," she did not give them time to assess their progress. Respondent was rated unsatisfactory in teacher-student relationships because when a student asked a question, Respondent made no response. The teacher-student interchanges were very cold and condensed, and there was much uneasiness. The teaching climate was hostile, punitive, or retaliatory. Since Respondent had not yet completed the previous prescription, she was directed to continue working on it. On or about January 11, 1983, Dr. Augenstein gave Respondent a list of TEC courses which would be helpful to Respondent in the areas in which she needed remediation. Parent complaints continued. On or about January 19, 1983, a parent complained that the work in her child's Level III class was too elementary. Upon review, Dr. Augenstein concurred. Respondent's class schedule was changed at the end of the first semester in order to give her an opportunity to perform acceptably with students of a lower level and to eliminate some of the parental pressure. It was thought that perhaps she was most familiar with that type of student from her pervious school and that would allow her more time to complete her prescriptive activities. Respondent was next formally observed in her seventh grade Level II class by Dr. Augenstein on February 8, 1983. She was rated unacceptable in knowledge of subject matter, classroom management, and techniques of instruction. Respondent was rated unacceptable in knowledge of subject matter because she mispronounced words, e.g., denouement, architecture. Although "denouement" had been previously pronounced correctly in a filmstrip, Respondent mispronounced it. "Architecture" was pronounced "arch-chi-tek-chur" (as in church) in a lesson dealing with "ch" being used as a "K" sound (as in chaos). This confused the students in the major point of the lesson. Classroom management was rated unacceptable because after the lunch break, the students did not quiet down until the principal came back into the classroom. Although Respondent was not formally observed during the next period, the principal informally noted the noise coming from Respondent's classroom while she was observing the teacher in the next room. That teacher indicated that Respondent's classes were always that noisy. Respondent was rated unacceptable in techniques of instruction because she did not clarify or answer student's questions to a degree that was correct or satisfying to the students. She did not encourage and structure student participation. The lesson did not come to an end other than by the ringing of the bell, i.e., no closure. In spite of the fact that Respondent was teaching an entirely different group of students, the problems were a continuation of those seen in the prior observations. Respondent was directed to continue the prescriptive activities from November, 1982. As of the date of this observation, Respondent had not fulfilled her previous prescription. She had not demonstrated the new teaching technique to either Mrs. Nelson or Dr. Augenstein. Respondent was next formally observed in her seventh grade Level II class by Mrs. Nelson on February 17, 1983. She was rated unacceptable in classroom management, techniques of instruction, and teacher-student relationships. Respondent was rated unacceptable in classroom management because the students were noisy and she had a great deal of difficulty getting them settled. There was an undercurrent of noise throughout the whole class period. One student who was blowing bubbles was never reprimanded. Another student continued to get up and down out of her seat. Respondent was rated unacceptable in techniques of instruction because there was no focal point to the lesson. Nothing was emphasized. The main points could have been reinforced on the chalkboard or by the use of some other media, e.g., overhead projector, supplementary materials, to better helped those students who are visual rather than auditory learners. Although Respondent was rated acceptable in assessment techniques, she still did not collect the homework after asking the students how many had it. Only five students had the homework and there was no reinforcement for them. Respondent was rated unsatisfactory in teacher-student relationships because some students monopolized the discussion while others never participated and were completely off task. No encouragement was given to those students who did not participate. However, due to a technical error in checking the boxes on the observation form, Respondent should have been given credit for satisfactory teacher-student relationships. This technical error would not remove Respondent from prescription. Rather than writing a new prescription for Respondent, Mrs. Nelson reviewed and discussed the prescription of November 24, 1982, with her. She did this because she felt as though that that prescription was a very good one and it had not been completed by Respondent. On February 23, 1983, a conference-for-the record was held with Respondent to discuss the problems that Respondent had been having, the help that had been given to her, the status of the remediation efforts, and to clarify decisions related to employment recommendations. Respondent was next formally observed in her seventh grade Level II class on March 2, 1983, by Dr. Augenstein and by an outside administrator, Roger Frese. Both administrators rated Respondent unacceptable in knowledge of subject matter and techniques of instruction. Respondent had difficulty in presenting the subject matter in a sequenced manner. While the lesson plan indicated that the students would study components of the short story, with the exception of merely mentioning the names of the components, the students jumped right into paragraph writing dealing with characterization without any development of the concept of characterization and without instruction on how to write. The written products of the students indicated confusion and misunderstanding. When the students asked questions, Respondent had an opportunity to clarify the misunderstanding: however, she failed to respond to their questions. When the students read their papers aloud, Respondent failed to indicate whether they were correct. Because Respondent did not ask questions and did not respond to the questions asked by the students; and because of the many wrong answers given and accepted by Respondent; there was no way to determine that Respondent did in fact have a grasp of the topic. There was no closure to the assignment. Respondent assigned a homework activity which was not an extension of the day's assignment. It was a new assignment given without prior instruction. In order to remediate Respondent's deficiencies, Dr. Augenstein directed her to continue the prescribed activities of the November 24, 1982 prescription. By memorandum dated April 22, 1983, Dr. Augenstein recommended course work to help remediate deficiencies in Respondent's knowledge of subject matter. Respondent was next formally observed in the classroom by assistant principal, Dr. Herman Mills, on May 24, 1983. Respondent was rated unacceptable in knowledge of subject matter. The sequencing of information was illogical and unclear. Dr. Mills found that Respondent had gaps in her education, as evidenced by her statements that Canada was a French-speaking country and Korea was a city. Respondent gave the students a handout with an error. "More bigger" was used on the handout, and Respondent failed to indicate to the class that a comma was missing. This confused the students in finding a dissimilar word in a given series. Respondent gave another wrong answer because she did not recognize the dissimilar word in a series of words. During the 1982-83 school year, administrators occasionally went to Respondent's classroom so that their presence would help Respondent get the class under control. Respondent's yearly evaluation indicated that she had not remediated deficiencies in preparation and planning, knowledge of subject matter, classroom management, and techniques of instruction, and Dr. Augenstein recommended a return to annual contract, i.e., loss of tenure. That recommendation, however, was not implemented. In September, 1983, Dr. Augenstein assigned Dr. Mills the task of determining the degree of Respondent's compliance with her previous prescription. At his first meeting with Respondent, Dr. Mills discovered that she had had none of the prescriptive activities signed off. At a second meeting with Respondent, Dr. Mills verified that Respondent completed a TEC course in techniques of instruction. On September 27, 1983, Dr. Mills directed Respondent to obtain sign-offs on her prescription by September 30, 1983. When he met with her on October 5, 1983, he discovered that the only item signed off was the activity of meeting with Mr. Fontana, assistant principal, on classroom management. Respondent was next formally observed in her seventh grade Level II class by Dr. Augenstein on October 19, 1983. Respondent was rated unacceptable in preparation and planning, knowledge of subject matter, techniques of instruction, and assessment techniques. Respondent was rated unacceptable in preparation and planning because the lesson stated in the plan was not feasible. Respondent had not anticipated how long the various tasks would take, and since this was the same teaching assignment as the previous year, she should have had an idea of the reasonable time for the assignment. She listed a homework assignment that could not be done because the set of books involved was a classroom set and were not books that were sent home with the students. A large number of students did not have their books in class; thus indicating to the observer that they had not been prepared for the work to be assigned. In order to address Respondent's deficiencies in preparation and planning, Dr. Augenstein referred her to the original prescription of November 24, 1982. Respondent was rated unsatisfactory in knowledge of subject matter because she had difficulty demonstrating the difference between homonyms, homographs, and homophones. She also assumed that the seventh grade students were knowledgeable of the parts of speech. This would not have been appropriate so early in the year for seventh grade students. In order to remediate Respondent's deficiencies in knowledge of subject matter, Dr. Augenstein referred her to the memorandum of April 22, 1983, recommending intensive study of subject matter. Respondent was rated unacceptable in techniques of instruction because she was still not emphasizing important points with the use of media, e.g., chalkboard. Student contributions ended in confusion rather than clarification since Respondent allowed the students to call out homonyms rather than using the homonyms in a correct sentence. To help remediate Respondent's deficiencies in techniques of instruction, Dr. Augenstein referred her to the original prescription of November 24, 1982. Respondent was rated unacceptable in assessment techniques because there were insufficient student papers in the students' folders and insufficient grades in the grade book to enable an administrator to make a judgment as to whether the students were making adequate progress. The criterion calls for a variety of assessment techniques, and yet, the only graded tests in Respondent's grade book were four spelling tests. The student folders contained no graded samples of homework or graded compositions. The day's homework was not called for. When Dr. Augenstein asked to see the homework, only six students turned in papers. In order to remediate Respondent's deficiencies in assessment techniques, Respondent was directed to enroll in a TEC course in assessment techniques. She was directed not to write in her lesson plans that the students should "go over the. ," but that she should be more specific on how she plans to assess the work. She was directed to provide a variety of assessments to include both written and oral work. Respondent was next formally observed in her reading lab by Dr. Mills on November 16, 1983. Respondent was rated unacceptable in techniques of instruction. Respondent was rated unacceptable in techniques of instruction because her methodology was inappropriate for a reading lab. The purpose of a reading lab is to give the students individualized work based upon their reading levels. The students should have been diagnostically placed into three groups based upon reading levels however, they were being taught as one group and had been so taught for four days. Respondent's instructions to the class were vague and unclear. Respondent did not indicate to the class what the correct responses were, but rather, she seemed to be striving for consensus among the students. The students had little idea of what a topic sentence was, and Respondent did not give them any background. In order to help Respondent remediate her deficiencies in techniques of instruction, Dr. Mills arranged for carrels to be placed in Respondent's classroom. He also had Mrs. Hoffman, a teacher on special assignment in reading, work with Respondent in setting up the reading lab. He further directed Respondent to immediately divide the 20 students into three reading groups according to the diagnostic testing and to provide the necessary materials for individualized work according to their reading levels. He assigned exercise in the TADS prescription manual. A parental complaint was lodged against Respondent for using profanity in the classroom on November 30, 1983. An investigation into the matter revealed that a student had used profanity and that Respondent, in chastising him, repeated the profanity a number of times. Respondent was advised against the use of profanity in the classroom and to use standard referral procedures in handling such matters. A conference-for-the-record was held on December 13, 1983, to discuss Respondent's performance to date. Respondent was informed that failure to remediate and improve her performance could have an adverse impact upon her employment status. On February 14, 1984, Respondent was formally observed in her ninth grade reading class by Dr. Augenstein. She was rated unacceptable in preparation and planning, knowledge of subject matter, techniques of instruction, and assessment techniques. Respondent was rated unacceptable in preparation and planning because she continued to demonstrate the same kinds of problems she had previously demonstrated. There was no evidence that Respondent was applying the previous help from the TADS manual. No objective was given in the lesson plan. Although a homework assignment was listed in the previous day's lesson plan, none was collected. The homework assignment for this day, as listed in the plan, was never assigned. Respondent was still putting in her plan that students should "Go over today's lesson." The terminology "go over" was still being used despite an earlier prescription indicating that the term was vague. Respondent was confusing assessment activity with programmed instruction. She demonstrated a lack of understanding of programmed instruction. To remediate Respondent's deficiencies in preparation and planning, Dr. Augenstein directed Respondent to enroll in a TEC course in preparation and planning as prescribed on October 19, 1983. Respondent was rated unacceptable in knowledge of subject matter because Respondent gave no feedback to the students as to the correct answers. She did not orient the students to what they were doing. When they asked questions, she was very vague in answering. In order to help Respondent remediate her deficiencies in knowledge of subject matter, Dr. Augenstein referred her to the memorandum of April 22, 1983, which suggested the need for intensive study of the subject matter. Respondent was rated unacceptable in techniques of instruction because she presented no lesson and did not carry out a question-answer sequence as indicated in her lesson plans. The students spent the entire period doing an activity which was not introduced to them and was not monitored by the teacher. There was no follow-up and the students did not get feedback as to whether the work was correct. The students who finished early sat with nothing to do. Respondent spent the period grading papers and provided assistance to a few students who asked for it. To aid Respondent in remediating her deficiencies in techniques of instruction, Dr. Augenstein referred Respondent to the pages in the TADS prescription manual which had been prescribed on November 24, 1982. Respondent was rated unacceptable in assessment techniques because her grade book contained no grades for the last four weeks of the first semester. Minimally, a teacher should have two grades per week. There was no evidence of graded homework or formal writing instruction in the grade book or the student folders. Some of the students had no papers in their folders for several months. Most of the papers that were in the folders were simply ditto sheets, quick, objective, short answer papers. The "essay" portion of the ninth grade final examination for the first semester was a multiple choice test rather than an essay test, contrary to the guidelines for final examinations in the faculty handbook and School Board Rule. In order to aid Respondent in remediating her deficiencies in assessment techniques, Dr. Augenstein referred her to the prescription of October 19, 1983. Respondent was next formally observed in her seventh grade class on March 6, 1984, by Dr. Augenstein and Zelda Glazer, supervisor of language arts. Respondent was rated unacceptable in knowledge of subject matter, techniques of instruction; and assessment techniques. Respondent was rated unacceptable in knowledge of subject matter because in a lesson dealing with parts of speech,. she accepted incorrect answers from students and even put some of them on the board. She incorrectly identified a number of words as adjectives when they were actually adverbs; verbs, and nouns. When the students gave wrong answers, Respondent did not correct them. Respondent relied on rote definitions for the parts of speech. These were difficult for low level students to understand. In order to aid Respondent in remediating her deficiencies in knowledge of subject matter, she was directed to review with the language arts supervisor or the department chairperson the identifying signals for adjectives and nouns, so that rote definitions would not be the exclusive explanations made to the students. Respondent was rated unsatisfactory in techniques of instruction because there was no sequence for the lesson. Respondent's lesson lacked motivation and closure. No background was given, and no re-teaching was done of areas where the students lacked knowledge. Respondent did not recognize and anticipate difficulties in the lesson. She did not answer the student's questions and did not use students' wrong answers as a teaching experience. There was no attempt to explain why wrong answers were wrong, but rather, they were simply accepted, thus confirming the student's opinions that they had given correct responses. In order to aid Respondent in remediating her deficiencies in techniques of instruction, Respondent was directed to review with the department chairperson or a school administrator the sequencing of a lesson and to write a lesson which was carefully sequenced. The lesson should include the requisite components, i.e., review, participation in a drill or repetition, and application of the skills learned. Respondent was rated unacceptable in assessment techniques because the work in the students' folders did not reflect a variety of formats. The papers were merely simple drills or exercises. There were no compositions and no opportunities for applying the skills which were taught. By this time of year, Respondent should have had approximately 15 to 20 compositions in each student's folder. In order to help Respondent remediate her deficiencies in assessment techniques, Respondent was directed to develop a unit test using writing production as one element of the test. A conference-for-the-record was held on March 6, 1984. Respondent's assessments and prescriptions were reviewed. The help afforded to Respondent was also discussed. Dr. Augenstein indicated that she would be initiating the procedure for dismissal for cause. In March, 1984, shortly after the conference for the record, Respondent began approximately one year's maternity leave. Respondent's yearly evaluation for 1983-84 indicated that Respondent ended the year on prescription for deficiencies in knowledge of subject matter, techniques of instruction, and assessment techniques, and that Dr. Augenstein had recommended her for dismissal. The actual evaluation form (Petitioner's Exhibit 20) contains a typographical error in that the "X's" are reversed. The unacceptable categories are marked acceptable and vice versa. Respondent returned to Highland Oaks on April 15, 1985. She was given special help to acclimate her after her year's leave. Although Dr. Augenstein had never done so before; she purchased the services of the substitute teacher who had replaced Respondent during her leave in order that Respondent could have the minimum of one full week when she returned to prepare for her classes and so that the substitute could work with her on an as needed basis. Respondent was to observe the classes during that week, go over the student's progress, and plan in depth for the rest of the school year. Dr. Mills assisted in attempting to make a smooth transition between the substitute and Respondent. Respondent was next formally observed in the classroom on May 2, 1985, by Dr. Augenstein. Respondent was rated unacceptable in knowledge of subject matter and techniques of instruction. Since she had recently returned from leave, Dr. Augenstein did not rate her in assessment techniques. The class observed was an eighth grade Level IV class, the precursor to high school honors English. Respondent was rated unsatisfactory in knowledge of subject matter because she did not demonstrate that she had knowledge of research projects and library research skills. The students were completely confused and frustrated by Respondent's teaching. They were trying to get clarification from Respondent but were not able to do so. In order to help Respondent remediate her deficiencies in knowledge of subject matter, Dr. Augenstein recommended that she observe other Level IV English classes and that she do a research project herself so that she would learn enough about it in order to teach it. Respondent was rated unacceptable in techniques of instruction because she was not meeting the needs of advanced learners. She was not using inductive and critical thinking approaches. She frustrated them by putting off their questions and giving conflicting and misleading information when she tried to answer questions. In order to help Respondent overcome her deficiencies in techniques of instruction, Dr. Augenstein directed her to design and present a lesson using strategies for inductive and critical thinking. She was to include higher order questioning skills, pre-writing strategies, and techniques for promoting student involvement. Dr. Augenstein indicated that Charles Houghton, North Area project manager for secondary language arts, would assist and critique demonstration lessons. Mr. Houghton came to Highland Oaks to assist Respondent on Wednesday, May 15, 1985. He discovered that Respondent lacked an understanding of research. Mr. Houghton indicated that he would return on Friday, May 17, 1985, in order to give assistance to Respondent. He would gather materials for her, would go over them with her during her planning period, and would stay with her through the classroom period to see how she did. When he came back on the 17th, he discovered that Respondent was absent. He left the materials for her with an open ended invitation that if she needed further assistance, to let him know. Respondent did not request further help. Respondent was next observed in her English class by Dr. Mills on May 28, 1985. Respondent was rated unacceptable in preparation and planning; classroom management, and techniques of instruction. Respondent was rated unacceptable in preparation and planning and techniques of instruction because although lesson plans had been made, they were not being followed. Respondent was rated unacceptable in classroom management because there was no lesson being presented. Respondent shouted at the students, but they continued to remain off task. The student behavior was almost chaotic. In an effort to help Respondent remediate her deficiencies, Dr. Mills met with Respondent and indicated that it was imperative that she follow through on the prescription Dr. Augenstein had given her. She was given further prescriptive activities which were similar to those she had been given before. Respondent was next formally observed in her eighth grade class on June 6, 1985, by Mrs. Nelson and Mrs. Glazer. Respondent was rated unaccepted in preparation and planning, knowledge of subject matter, classroom management, techniques of instruction, and teacher-student relationships. Mrs. Nelson did not see much of an improvement over her prior observation done in 1982. Respondent was teaching a lesson in similes and metaphors in the poem, "Danny Deever" by Rudyard Kipling. "Danny Deever" is a ballad written in cockney dialect about the public hanging of a solider in the British army. The poem contains no similes or metaphors. Respondent was rated unsatisfactory in preparation and planning because the plan was not followed. The poem which had been indicated as a homework assignment was the one used for class discussion and was an inappropriate choice for simile and metaphor discussion. Respondent could not provide an example of a metaphor when asked by a student, thereby indicating that she did not have knowledge of what a metaphor was. In order to help Respondent remediate her deficiencies in preparation and planning, she was referred to the previous prescription of May 28, 1985. Respondent was rated unacceptable in knowledge of subject matter because she made many errors in the interpretation of "Danny Deever." She referred to the dialect of the poem as United States southern dialect and misinterpreted the meanings of dialectical words, resulting in completely misinterpreted lines. Respondent did not contemporize the poems to the children's lives in order to help them better understand the poem. In order to help Respondent overcome her deficiencies in knowledge of subject matter, she was referred back to the previous prescription of May 2, 1985. In addition, she was directed to review her lessons carefully in order to be prepared for student questions and to be able to provide appropriate examples. Respondent was rated unacceptable in classroom management because she took ten minutes to take the roll. Even after roll call, there was considerable socializing among the students. Quite a few students were late to class, but they were not questioned as to why they were late. With a seating chart, Respondent would have only needed two minutes to take attendance. The average teacher learns who her students are in less than a week, and Respondent had had the students since April 15, 1985. No attempts were made to prevent off task behavior. Inappropriate student behavior was mildly noted but was not effectively handled with firmness or suitable consequences. Respondent was absent. He left the materials for her with an open ended invitation that if she needed further assistance, to let him know. Respondent did not request further help. In order to help Respondent remediate her classroom management, she was referred to the previous prescription of May 28, 1985. Respondent was rated unsatisfactory in techniques of instruction because the sequence of the lesson was erratic or haphazard. The students were asked to read the poem aloud, and they had great difficulty with the dialect. Therefore, the poem was not a positive experience for them. Respondent provided no background information in order to set the tone for the study of "Danny Deever." She gave no background on the poet or on the form of the poem. Correct and incorrect responses were accepted in exactly the same fashion without comment or question. Respondent misinterpreted the meanings of the dialectical words, thereby resulting in irrelevant interpretation of the poem. The students never came to realize that the poem was about a hanging. All of the topics which should have appropriately been covered in the poem were ignored. Respondent failed to anticipate the confusion or misunderstanding in the class. Therefore, no attempt was made to clarify the lack of student understanding or appreciation. In order to help Respondent remediate her deficiencies in techniques of instruction, she was referred to the two previous prescriptions, since they had never been completed nor had her problems been remediated. Respondent was rated unsatisfactory in teacher-student relationships because student responses were ignored; neither praised nor questioned. Non-participants were not called upon or encouraged to participate. There was a quiet disrespect in the class. In order to help Respondent remediate her deficiencies in teacher-student relationships, she was referred to specific exercise in the TADS prescription manual dealing with feedback, interacting with students, and recognizing correct and incorrect responses. Petitioner's yearly evaluation for the 1984-85 school year indicated that Respondent remained deficient in preparation and planning, knowledge of subject matter, classroom management, techniques of instruction, teacher-student relationships, and that the principal recommended dismissal for cause. A conference-for-the-record was held on May 30, 1985, to discuss Respondent's end-of-the-year evaluation and the principal's recommendation for dismissal. Respondent's final examinations for June, 1985, indicate that Respondent still lacked an understanding of what constitutes an objective examination. In addition to the formal observations, Respondent was observed informally numerous times. These informal observations substantiated those deficiencies found on the formal observations. Her room was often noisy and Respondent could be heard yelling in an attempt to try to gain control of the class. The students were often out of their seats until an administrator walked in. Her class was noisy regardless of the time of the day or the portion of the period. Respondent was generally seated at her desk with students congregated around her. Rarely was instruction going on and rarely were students on task. When seen in the library, the class was fooling around and little was being accomplished. It is the consensus of opinion of those administrators who observed Respondent and/or those who reviewed her records, that Respondent repeatedly failed to communicate with and relate to the students in her class to such an extent that they were deprived of a minimum educational experience. These administrators also were of the opinion that Respondent lacks adequate command of her area of specialization, i.e., English language arts, in that she lacks the minimum skills and competencies in both content and methodology to teach English language arts. Dr. Mills believes that Respondent should only teach basic skills English classes, if she teaches at all. Unfortunately, the evidence compels the same conclusion. At least 90% of Respondent's prescription for remediation was not met. Given the time, effort, and assistance expended on Respondent's behalf, she did not make the minimum effort necessary to overcome her deficiencies. She lacked basic knowledge which could have been obtained by pursuing the course work that was prescribed. No matter who the observer was or what the specific teaching assignment was; Respondent failed to demonstrate an acceptable level of teaching. Respondent's certification should have enabled her to teach any of the related components within the field of English language arts, including different ability levels. Respondent demonstrated her lack of knowledge of the subject area during the hearing when she was unable to answer questions that a junior high school teacher should be able to answer, such as the signals which help identify a noun and the noun, verb, adverb and adjective forms of common words. Effective September 4; 1985; Respondent was suspended from her employment with Petitioner, and Petitioner instituted proceedings to dismiss Respondent from employment.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board of Dade County enter a Final Order sustaining the suspension of Respondent Laverne Reaves, and dismissing Respondent, Laverne Reaves, as a teacher in the Dade County Public Schools. DONE and ENTERED this 12th day of May, 1986; in Tallahassee, Florida. DIANE K. KIESLING, 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 12th day of May, 1986. COPIES FURNISHED: Madelyn P. Schere, Esquire Suite 301 1450 N. E. Second Avenue Miami, Florida 33132 Curtis L. Jones, Jr., Esquire P. O. Box 105182 Miami, Florida 33101 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1450 Northeast Second Avenue Miami, Florida 33132 Karen Barr Wilde Executive Director Department of Education The Capitol Tallahassee, Florida 32301 APPENDIX The following constitutes my specific rulings pursuant to Section 120.59(2); Florida Statutes; on all proposed findings of fact submitted by the parties to this case. Rulings on Proposed Findings of Fact of Petitioner Proposed findings of fact 1-3 and 5-151 are adopted in substance in Findings of Fact 1-3 and 5-151. Proposed finding of fact 4 is rejected as not supported by the evidence and argumentative. Ruling on Proposed Findings of Fact of Respondent Proposed finding of fact 1 is adopted in substance as modified in Finding of Fact 1. Proposed finding of fact 2 is adopted in substance as modified in Finding of Fact 2. Proposed finding of fact 7 is adopted in substance as modified in Finding of Fact 6. Proposed finding of fact 8 is adopted in substance as modified in Finding of Fact 4. Proposed finding of fact 9 is adopted in substance as modified in Finding of Fact 4. Proposed finding of fact 14 is adopted in substance as modified in Finding of Fact 6. Proposed finding of fact 15 is adopted in substance as modified in Finding of Fact 6. Proposed finding of fact 16 is adopted in substance as modified in Finding of Fact 8. Proposed finding of fact 20 is adopted in substance as modified in Finding of Fact 12. Proposed finding of fact 22 is adopted in substance as modified in Finding of Fact 24. Proposed finding of fact 26 is adopted in substance as modified in Finding of Fact 57. Proposed finding of fact 31 is adopted in substance as modified in Finding of Fact 112. Proposed finding of fact 32 is adopted in substance as modified in Finding of Facts 25 and 82. Proposed finding of fact 35 is adopted in substance as modified in Finding of Facts 102 and 105. Proposed finding of fact 44 is adopted in substance as modified in Finding of Facts 69 and 85. Proposed finding of fact 45 is adopted in substance as modified in Finding of Facts 69 and 85. Proposed finding of fact 46 is adopted in substance as modified in Finding of Fact 148. Proposed finding of fact 47 is adopted in substance as modified in Finding of Fact 111. Proposed finding of fact 52 is adopted in substance as modified in Finding of Fact 72. 20. Proposed findings of fact 3, 4, 5, 6, 10, 11, 12, 13, 19, 21, 41, 48, 49, 50, 53, and 57 are rejected as irrelevant. Proposed findings of fact 17, 18, 23; 25, 29, and 51 are rejected as not supported by the competent, substantial evidence. Proposed findings of fact 24, 27; and 54 are rejected as being unsupported by the competent, substantial evidence and as being argumentative. 23. Proposed findings of fact 28, 30, 33, 34, 36, 37, 39, 40, 43, 55, and 56 are rejected as unnecessary. Proposed finding of fact 38 is rejected as unnecessary and argumentative. Proposed finding of fact 42 is rejected as being misleading and incomplete and therefore not supported by the competent, substantial evidence.
The Issue Whether Petitioner has just cause to terminate the Respondent's employment as an educational support employee.
Findings Of Fact Respondent was employed as a behavioral interventionist with the Palm Beach County School District during the 2000-2001 school year. A behavioral interventionist is a non- instructional employee who works primarily with students receiving services through Petitioner's Exceptional Student Education (ESE) Programs. In addition to monitoring performance and behavior of ESE students, Respondent supervised regular education students who were serving in-house suspensions, performed bus and cafeteria duty, and helped maintain discipline throughout the campus. Respondent also served as an assistant football coach. Respondent received specialized training in order to perform his duties as a behavioral interventionist. He received child development training and attended approximately 12-13 workshops dealing with physical restraint and conflict resolution issues. Respondent is not a member of a collective bargaining unit. At the times pertinent to this proceeding, Student 1, a male, was 17-years old and a junior at Forest Hill. Student 1 is 5'10" tall and weighs approximately 260 pounds. Respondent is 6'3" tall and weighs approximately 250 pounds. Respondent is a former professional football player who routinely lifts weights. On December 11, 2000, between 4:30 p.m. and 5:00 p.m., Student 1 was in the area of the outdoor basketball court watching a basketball game. Student 1 had permission to be on the campus of Forest Hill, but he should not have been in the area of the outdoor basketball court. Respondent was in the weight room at Forrest Hill that afternoon demonstrating weight lifting techniques to a group of his football players. After he completed his weight lifting workout, Respondent went to the outdoor basketball court to play basketball. Respondent began playing basketball with a group of students, including students who did not play football. Student 1 could have played if he had wanted to do so. Student 1 was not playing when the acts at issue in this proceeding occurred. Shortly after the game began, Student 1 was standing off the basketball court observing the game when the basketball ball was thrown out of bounds near him. Respondent walked up to Student 1 and said, "why don't you get the ball fat boy?" In response, Student 1 used profane language and was disrespectful towards Respondent. Respondent reacted by tapping Student 1 on the cheek with his open hand. Student 1 asked Respondent why he hit him, but received no response. As Student 1 attempted to walk away, Respondent tapped him again on the back of the head and the two exchanged words. Respondent was not justified in making physical contact with Student 1. Student 1 again addressed Respondent using profane language. Respondent reacted by taking Student 1 to the ground using a technique that he had been trained to use to restrain students. There was a conflict in the evidence as to whether Respondent placed Student 1 in a chokehold when he took him to the ground. The greater weight of the credible evidence established that Respondent did not use a chokehold on Student 1. There was also a conflict in the evidence as to whether Student 1 had become aggressive and whether Respondent was merely trying to restrain Student 1. The evidence is clear that Respondent physically restrained Student 1 because Student 1 had been disrespectful towards him, not because Student 1 had become combative. Respondent was not justified in physically restraining Student 1. Student 1 was on the ground when Respondent released him from the restraining hold. As Student 1 was attempting to rise, Respondent hit him with his forearm, which forced Student 1 back to the ground. Witnesses at the basketball court told Student 1 to stay down, but he attempted to rise and saw Respondent in a three-point position typically assumed by football linemen. Almost immediately, Respondent came at Student 1 again and forearmed him back to the ground. Student 1 fell back to the ground, biting his tongue as he went down. He then got up and began cursing. After an interval of a few minutes, Student 1 asked Respondent why he had hit him and began to spit in the general direction of Respondent. Respondent, believing that Student 1 was spitting at him, grabbed him in the area of the neck and forced him against the fence surrounding the basketball court. Respondent told Student 1, "Don't play with me boy, I'm not a kid." Respondent was not justified in that use of force against Student 1. The incident lasted over a period of several minutes. Student 2 was present during the entire incident and Student 3 was present during the latter part of the incident (when Respondent grabbed Student 1 by the neck and forced him against the fence). Both witnesses corroborated Student 1's version of the events. No other student witnesses testified at the final hearing. Student 1 complained that afternoon to a coach named Coleman about what had occurred and he also told his mother later that evening when he got home. Student 1 complained to his mother that his neck hurt and she took him to a hospital, where he was diagnosed with a sprained neck. On December 12, 2000, Student 1 and his mother returned to the school and complained to Assistant Principal Mark Sagovac, about what happened the afternoon before. Mr. Sagovac thereafter spoke with Respondent, who did not deny the incident had occurred. Respondent admitted to Mr. Sagovac that he called Student 1 a "fat boy" and asked him to get the ball, which had rolled out of bounds. Respondent further told Mr. Sagovac that he pushed Student 1 to the ground with his forearm and forced Student 1 up against the fence because he felt Student 1 was threatening him. After speaking with Respondent, Mr. Sagovac interviewed Student 1 again and spoke to other witnesses. Some time thereafter a meeting was held between Student 1, his mother, Respondent, Mr. Sagovac, and Assistant Principal Green, who is also an assistant principal assigned to Forest Hill. The incident was discussed again and at one point, Respondent apologized to Student 1 and his mother. After the meeting concluded, Mr. Sagovac issued to Respondent a verbal reprimand with written notation for the actions he took on December 11, 2000. Prior to serving the Respondent with the verbal reprimand with written notation, Sagovac did not consult with his principal or anyone in the Petitioner 's Personnel Office or Office of Professional Standards to determine if he was complying with policy or if he was following accepted personnel practice concerning the contemplated discipline. Mr. Sagovac was not complying with school policy when he issued the verbal reprimand with written notation. Mr. Sagovac did not have the authority to discipline Respondent. Shortly after the conclusion of the meeting attended by Student 1, his mother, Respondent, and Mr. Sagovac, a complaint was made to the school district's police department concerning the December 11, 2000, incident. Based upon the complaint, a criminal investigation into Respondent's actions was initiated. There was no evidence as to the status of any criminal charges presented at the final hearing. Petitioner's Office of Professional Standards received information concerning the criminal investigation, which caused it to open its own administrative investigation. After the Office of Professional Standards received the police report and the attached documents, the case was assigned to an investigator. During the Petitioner's investigation, Respondent was placed on administrative leave with pay and assigned to duty at his home. This assignment became effective February 1, 2001. After Petitioner's Office of Professional Standards completed its investigation, it prepared a report of the incident and, consistent with its rules, submitted the case for review to a case management committee. Case management review is a process whereby approximately a dozen high level employees working for the district meet at the direction of the Superintendent to review pending personnel cases which may result in the suspension of employment without pay or the termination of employment. Respondent's case management committee determined that probable cause existed to sustain the allegation Respondent used inappropriate physical force on the student in question. Once probable cause was found, it further determined that the level of the force used warranted a recommendation that Respondent's employment be terminated. Based upon the case management committee's recommendation to terminate Respondent for having engaged in inappropriate physical force on a student, Superintendent of Schools Arthur C. Johnson notified Respondent by letter dated May 8, 2001, that he would recommend to the School Board at its meeting to be held May 16, 2001, that Respondent's employment be terminated and that he be suspended without pay pending the completion of the proceedings to terminate his employment. On May 16, 2001, the School Board voted to accept the Superintendent's recommendation. It is the policy of the Petitioner that no employee is to use physical force with a student unless the employee is breaking up a fight, acting in self-defense, or protecting the student from hurting him or herself.
Recommendation Based on the foregoing findings of fact and conclusions of Law, it is RECOMMENDED that the School Board enter a final order terminating Respondent's employment. DONE AND ENTERED this 4th day of February, 2002, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON 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 4th day of February, 2002.
The Issue Whether Respondent made inappropriate comments towards his students while in class on February 22, 2006, and further engaged in a crude and vulgar exchange with a student in regard to those comments. If proven, do the above-described acts violate the Code of Ethics of the Education Profession and/or Principles of Professional Conduct for the Education Profession in Florida. Fla. Admin. Code Chapter 6B-1. If proven, do the above-described acts constitute misconduct in office and constitute conduct unbecoming a public employee sufficient to warrant suspension and/or termination of Respondent's annual contract.
Findings Of Fact Based upon the testimony and evidence received at the formal hearing, the following Findings of Fact are made: At the time of his suspension in February of 2006, Respondent, Sylvester Jones, had been employed as a math teacher with the Brevard County School District for approximately seven months and was under an annual contract for the 2005-2006 school year. As a first year employee and teacher, Respondent had been assigned to Bayside High School, where John Tuttle was principal. Respondent was also assigned a mentor teacher, Ms. Robin Howard, in order to assist him with any issues pertaining to teaching. Respondent was also furnished a document outlining the "teacher's code of conduct," which included inter alia the Code of Ethics of the Education Profession and Principles of Professional Conduct for the Education Profession of Florida. The Brevard County School District had further provided Respondent with training as to the proper method to be utilized in a classroom in the event a student makes disparaging remarks to a teacher. During the school year 2005-2006, Respondent taught math as a "roamer," moving physically from one classroom to another during the course of the school day. The complainant, A.C., was a student at Bayside High School, and was a student in Respondent's fourth period math class. The class was made up of a high-spirited group of challenging students, 40 percent of whom required special services or special accommodations. This made the class difficult to teach. While Respondent was teaching at the front of the class, on February 22, 2006, a note was being passed between some of Respondent's students and the students from the adjoining classroom that was being taught by a teacher by the name of Scott Teter. The note was found by Teter, and he brought it to the attention of Respondent by coming into Respondent's classroom during the class period. Throughout the proceeding at hand, Respondent has given differing versions as to whether Teter had read the note to Respondent's class or whether the note was merely handed to Respondent by Teter during the class. Initially Respondent alleged that Teter had read the note out loud to the class. Later in his testimony, Respondent provided a demonstration during the hearing, whereby he claimed that Teter had displayed the note to the class. It is undisputed that the note referred to Respondent as being "a fag," and it appears that said note was handled by and partly generated by A.C. Upon reading the note, Respondent felt that he had been insulted and that his manhood was being attacked; Respondent testified that the note was an "assassination" of his character. In response to the note, the persuasive evidence is that Respondent made the following statement in front of his class: "Whoever thinks that I am a fag, ask your mother to bend over, and I will prove if I am a fag or not." One of Respondent's students, namely A.C., then began to vocalize his concern about Respondent's statement and questioned Respondent as to whether Respondent's comment meant that he wanted to have sexual activity with the student's mother. During his fourth period class, Respondent denied A.C.'s challenge, but then repeated his comment, as reflected above, to the entire class. The student, A.C., later decided to notify his mother regarding Respondent's statements, but due to his mother's work schedule, did not do so until the evening of February 23, 2006. The student's mother felt Respondent's comments were vulgar and "disgusting." Upon learning of the comments, M.C. escorted her son to school the next day, February 24, 2006, and met with the school's principal, Tuttle. They related A.C.'s recollection of the incident on February 22, 2006, to him. This is the first time that any school official had been notified of the allegations. Based on the complaint from the parent/student, Tuttle instructed his staff to obtain statements from each of the students in Respondent's fourth period class. Tuttle sought to determine the veracity of the assertions being leveled against a teacher by a parent. Upon obtaining written statements from students in regard to Respondent in the classroom, the principal set up a meeting with Respondent. During this meeting, Respondent claimed that his remarks to his class on February 22, 2006, were as follows: "if anyone thinks that I am a fag to have their mother bend and bow before him." Respondent claimed he was trying to teach them respect, using the "Japanese ritual" of bowing. Respondent became very agitated during the meeting and asked for time to write a statement. He was given until February 27, 2006, to provide his version of the events to the principal. On February 27, 2006, Respondent submitted his written response to the principal as to his version of events. His statements claim that the note was presented to him by Teter and the note had said, "Dr. Jones is a fag, don’t bend over." Respondent then remarked to the class that, "if any one thought he was a fag to ask his mother." Respondent stated that he had hoped this statement would have caused the students to discuss the matter with a parent, and maybe he would have a teacher- parent conference. Although Respondent had advised the principal of having the note in his possession, he never produced the note to the principal or any school official, nor was it presented in this proceeding to confirm his claim as to the contents of the letter. Further, Respondent never set up a parent-teacher conference in this regard with any students, nor did he refer the student, A.C., to the principal's office for discipline. Respondent's versions with regard to his actual comments made to his students are in direct conflict with the version given by many of his students at the hearing. The credible testimony is that Respondent had at least twice repeated the statement in front of the class, "If anyone thinks I am a fag, ask your mother to bend over and I will prove if I am a fag or not." Unlike the students' testimonies regarding the comments, Respondent has changed his version of events on several occasions. Subsequent to the February 27, 2006, statement, he has modified it as attested to by Robin Howard. In early March 2006, Respondent told her that he had said, "if anyone thinks that I am a fag to bow." Respondent claimed that this was a teaching technique, but did not recall the name of the technique. During his meeting with the superintendent, he claimed that this is a technique called "metaphoric contrast." At the hearing, Respondent did not produce any authority which described this technique. Instead, Respondent presented the testimony of Dr. Sharail Jones, who is an assistant pharmacist and a student in Respondent's bible class at the Greater Blessed Assurance Church, of which Respondent is pastor, who claimed that Respondent uses this technique as part of his way of teaching. Respondent's assertion that he was using the technique of "metaphoric contrast" during the incident on February 22, 2006, a term that is unknown to an experienced teacher such as Ms. Howard, is not credible. The teacher's code of conduct specifically states that a teacher shall be honest in all his professional dealings. See Fla. Admin. Code R. 6B-1.006. This teacher's conduct throughout this cause has been a direct violation of this rule. At first, he denied the assertion and claimed it was a fabrication. Thereafter, he has modified his version of his remarks and then at the hearing asserted that he does not have a present recollection as to whether he made the remarks or not. Then, during cross-examination, Respondent claimed that he may have said the comments as attested to by his students; however, he does not view such a remark as inappropriate, even though his own witnesses concede that the remarks as attested to by the students would be inappropriate. The comments were viewed by some students as having a sexual connotation, seen as embarrassing, and were alarming enough to cause one of Respondent's students, A.C., to get into a confrontation with Respondent as to whether the teacher wanted to have sex with the student's mother. His concern was great enough to cause the student to notify his mother. As the superintendent testified, a teacher is a role model and is expected to adhere to the teacher's code of conduct. A teacher is in a position of authority. This type of comment displays a lack of respect for the students and their families. Respondent's usage of vulgar and sexual comments directed to a student's mother in the classroom setting created an atmosphere that was not conductive to learning and allowed his students to respond back to him with unacceptable language and with impunity. The evidence in this proceeding has proven that Respondent engaged in conduct that unnecessarily embarrassed several students and created an atmosphere detrimental to learning in his fourth period class on February 22, 2006. Teaching Effectiveness Respondent was formally evaluated on two occasions during the 2005-2006 school year. Respondent's first evaluation, dated October 26, 2005, resulted in a rating of "Effective" in five categories and "Needs Improvement" in five categories. No "Unsatisfactory" score was assigned to Respondent. "Effective" is the highest performance rating that a teacher can achieve. Respondent's annual evaluation, dated February 14, 2006, resulted in a rating of "Effective" in eight categories and "Needs Improvement" in two categories. Compared to his performance ratings in October 2005, Respondent's annual evaluation demonstrated a significant improvement in teaching performance during the course of his first year with the Brevard County School District. The evidence indicated that prior to the date of the incident, Respondent worked hard at improving his teaching skills and providing his students with a positive learning environment. Respondent had not been formally disciplined or issued directives prior to being relieved of duty on February 24, 2006. There was no evidence which indicated that Respondent had ever used inappropriate language with his students prior to the statements made on February 22, 2006. Reputation as a Member of the Community Church members testified that Respondent, as minister of the Greater Blessed Assurance Church, tutored children at his church, maintained a transitional facility for people who need temporary homes, and is a role model to the community. Collective Bargaining Agreement Petitioner entered into a collective bargaining agreement, called the "Agreement between the School Board of Brevard County and the Brevard Federation of Teachers, Local 2098 [BFT], Florida Education Association, AFL-CIO, Inc., American Federation of Teachers, National Education Association, 2005-2006" (Agreement) On Petitioner's annual contract with Respondent is a statement which indicates that Petitioner is bound by the terms of the Agreement with the BFT. Article II, Teacher Protection, Section (G) of the Agreement states: Any disciplinary action taken against a teacher based on a complaint by a parent or student shall be limited to informal action unless the matter is first reported to the teacher in writing. Formal disciplinary action resulting from such complaint shall be limited to those matters which have been reported to the teacher in writing. Dismissal Process The first notice that Respondent received of any misconduct on his part occurred on February 24, 2006, when the principal held a meeting with Respondent and handed him a letter stating that he would be removed from the classroom immediately and placed on administrative leave with pay due to allegations of misconduct. The action which resulted in Respondent's being placed on administrative leave due to allegations of misconduct was initiated by the actions or statements of a parent and/or student(s). BFT representative, Janet Eastman's uncontroversial testimony was that the removal of a teacher from teaching duties and placement of a teacher on administrative leave constitutes disciplinary action for purposes of interpreting the Agreement. Respondent received no written notice of the incident in question prior to the disciplinary action taken on February 24, 2006. Petitioner and Respondent both set forth the following undisputed sequence of events: On Friday, February 24, 2006, the principal met with Respondent and notified him of the nature of the allegations in writing and immediately placed Respondent on administrative leave with pay. On Monday, February 27, 2006, Respondent presented his version of events, in writing, to the principal. On March 8, 2006, Respondent received a letter from the Superintendent notifying Respondent of the charges and a recommendation to the School Board that he be terminated. On March 8, 2006, John Russo of the BFT made a written request for the investigative files pertaining to Respondent. On March 9, 2006, Russo, on behalf of Respondent, requested a meeting with the Superintendent. On March 14, 2006, the meeting between Respondent and Superintendent took place, with Russo present. That night, on March 14, 2006, the School Board met and voted to terminate the Respondent's annual teaching contract. On March 15, 2006, Respondent requested a formal hearing to contest Petitioner's tentative action. The request was granted and this matter was referred to DOAH on March 22, 2006 for a de novo formal hearing.
Recommendation Based on the foregoing, it is RECOMMENDED that Respondent's annual contract with the School Board be terminated, effective March 14, 2006. DONE AND ENTERED this 30th day of June, 2006, in Tallahassee, Leon County, Florida. S DANIEL M. KILBRIDE 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 30th day of June, 2006. COPIES FURNISHED: Harold T. Bistline, Esquire Stromire, Bistline & Miniclier Post Office Box 8248 Cocoa, Florida 32922 Elizabeth F. Swanson, Esquire Egan, Lev and Siwica, P. A. Post Office Box 2231 Orlando, Florida 32802-2231 Benjamin B. Garagozlo, Esquire 3585 Murrell Road Rockledge, Florida 32955 Dr. Richard A. DiPatri, Superintendent Brevard County School Board 2700 Judge Fran Jamieson Way Viera, Florida 32940-6601 Daniel J. Woodring, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 Honorable John Winn Commissioner of Education Department of Education Turlington Building, Suite 1514 325 West Gaines Street Tallahassee, Florida 32399-0400
The Issue The issue in this case is whether, and how, Respondent should be disciplined for failing to take appropriate action regarding a middle school student who brought a knife to school.
Findings Of Fact Respondent holds Florida Educator Certificate 1063574 and is licensed in the fields of English, English for Speakers of Other Languages (ESOL), Reading, and Exceptional Student Education. She began teaching at Bonita Springs Middle School in Lee County in September 2011, after the start of the 2011-2012 school year. During instruction in her fourth period class on February 13, 2012, Respondent heard a student ask another student, who was an Exceptional Student Education (ESE) student with emotional issues, "was that a knife?" The ESE student responded, "Drama!" When Respondent looked up, she saw the ESE student place something in her lap, out of Respondent's view. Respondent did not see what it was but saw a flash of silver or metal. The class started to "act up," and Respondent decided to diffuse the incident and quiet the class by telling the ESE student to "put it away." The ESE student then put the object in her backpack. When the class ended, Respondent approached the ESE student and asked if she had a knife. The student denied it. Respondent told the student, if she had a knife, that would be unacceptable, but Respondent did not pursue the matter any further at the time and allowed the student to leave for her next class. During Respondent's eighth period class, the last period of the day, Respondent asked her student-aide, who also was a student in her fourth period class, about the incident during fourth period. The student-aide told Respondent that it was a knife, like a small steak knife, and that the ESE student had been licking it. After speaking with her student-aide, Respondent sent the school's ESE director, who also was the ESE student's caseworker, an electronic message simply asking to discuss the student with her when she had a moment. No details about the incident were included in the message out of Respondent's concern that it would be a public record. Respondent did not receive a response by the end of the school day. The ESE director received the message after hours. The next morning, Respondent saw the ESE director at a teacher's meeting and explained the previous day's incident. The ESE director was concerned about the delay in doing anything else about it and immediately went to the school principal, who was in the cafeteria, as were several other students, including Respondent's ESE student. The principal immediately went to the student and asked if she had a knife. The student admitted she did and thought it was no big deal since Respondent did nothing about it the day before. The student later stated that she was depressed and was considering cutting herself with the knife. Respondent now understands that she did not take the appropriate action on February 13, 2012. However, she contends that there are mitigating factors to consider, and any discipline should be constructive (such as, additional training), not punitive. Respondent attempts to defend herself to an extent by saying she did not actually see the knife during fourth period. However, it is clear that Respondent heard students asking about a knife, and saw something silver or metallic that could have been a knife, and was aware of the student's emotional issues. In light of those circumstances, Respondent should not have been satisfied with the student's denial that she had a knife; she should have involved the school's administrators and resource officer at that point. When she learned during eighth period that the student in fact had a knife, she should not have been satisfied with an unacknowledged electronic message to the ESE director. Respondent also attempts to deflect some blame onto the school for not making sure she knew what to do about incidents like the one that confronted her on February 13, 2012. It may well be true, as she testified, that Respondent did not get a copy of the Parent Guide and Code of Conduct for Students, normally distributed to teachers at the beginning of the school year, which identifies a kitchen knife as a weapon and prohibits it. Petitioner attempted to impeach Respondent's denial of receipt of the document by citing a handful of student discipline referrals by Respondent that use incident types taken from that document. One incident type, albeit not used by Respondent in any of her referrals, was possession of weapons; however, the form does not define weapons. Respondent testified convincingly that she used the forms without reference to the source document. Nonetheless, she knew it would be unacceptable for a student to have a knife at school. When Respondent started teaching at the school, she was offered an opportunity to take the APPLES program for new teachers, which provides information and training on codes of conduct, including provisions to protect the safety of students and faculty. Respondent opted out, stating that she took the APPLES program during her previous employment in Collier County. While perhaps not handed to Respondent when she started teaching at Bonita Springs Middle School, the Parent Guide and Code of Conduct for Students was easily accessible from Respondent's school computer via a program called SharePoint that was a link on the home page. Respondent denies ever accessing the material from her computer. However, Respondent prepared a professional development plan shortly after she started teaching at the school in October 2011. It included a plan to train on how to download documents from SharePoint, but Respondent had not yet followed through on that plan by the time of the incident. Information also was available to Respondent in the form of an Agenda book that she was given. The Agenda book contained the school's rules, including one prohibiting weapons as nuisances and providing that they would be confiscated. It is not clear whether any of the information provided or available to Respondent would have told her what to do in circumstances where she suspected, but was not certain, that a student had a knife, and the student denied it. Based on the facts of this case, additional training is appropriate and actually is desired by Respondent. On the other hand, Respondent would rather not be reprimanded, submit to supervised probation, and pay a $500 fine and pay costs, as Petitioner proposes. Under the facts and circumstances of this case, Petitioner's proposal would be harsh, not constructive, and possibly demoralizing. The evidence is clear that Respondent will follow the rules she is given and take appropriate action in a situation if she knows what is expected of her. A repeat of the failure to act appropriately in a situation similar to the incident on February 13, 2012, is not likely.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission find Respondent guilty of violating rule 6B-1.006(3)(a), issue a letter of reprimand, and place her on a short term of probation conditioned on the completion of appropriate additional training. DONE AND ENTERED this 8th day of April, 2013, in Tallahassee, Leon County, Florida. S J. LAWRENCE JOHNSTON 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 8th day of April, 2013.
The Issue As to DOAH Case No. 12-2859TTS, whether Rhea Cohen (Respondent), a classroom teacher, committed the acts alleged in the Amended Administrative Complaint filed by Robert Runcie, as Superintendent of the Broward County Schools (Superintendent) and, if so, the discipline that should be imposed against Respondent’s employment. As to DOAH Case No. 13-0704PL, whether Respondent committed the acts alleged in the Administrative Complaint filed by Pam Stewart, as Commissioner of Education (Commissioner) and, if so, the discipline that should be imposed against Respondent’s teacher’s certificate.
Findings Of Fact At all times material hereto, the School Board has been the constitutional entity authorized to operate, control, and supervise the public schools in Broward County, Florida; and Robert Runcie was Superintendent of Schools. At all times material hereto, the Commissioner has been the head of the state agency responsible for certifying and regulating public school teachers in the State of Florida; and Pam Stewart was the Commissioner. Respondent has been employed by the School Board since 2002 and holds a Professional Services Contract, issued in accordance with section 1012.33(3)(a). During the time relevant to this proceeding, Respondent was an ESE classroom teacher at Crystal Lake. During the 2007-2008 school year, Respondent was employed as an ESE classroom teacher at Atlantic West Elementary School teaching students on the autism spectrum. During that school year, the Education Practices Commission (EPC) reprimanded Respondent for sleeping in class while students were present and for using restraints inappropriately to control or manage autistic and exceptional student education students. The EPC imposed an administrative fine against her in the amount of $500.00. Thereafter, Respondent transferred to Crystal Lake. Respondent taught ESE students at Crystal Lake for the 2010-2011 and 2011-2012 school years. The events at issue in this proceeding occurred during either the 2010-2011 school year or the 2011-2012 school year. Exact dates were available for some of the events, but unavailable for other events. Respondent’s classroom at Crystal Lake for those two school years was divided into two halves, separated by tables and rolling chalkboards that did not form a solid wall. For the 2010-2011 school year, Respondent taught her class of ESE students on one side of the divided classroom and a Ms. Knighton taught on the other side. For the 2011-2012 school year Respondent shared the classroom with Mr. Montalbano. On one side of the classroom was Respondent’s class, consisting of 11 ESE students. On the other side of the room was Mr. Montalbano’s class, consisting of seven ESE students. Mr. Montalbano’s class was smaller because his class functioned at a lower level than Respondent’s class. On October 4, 2011, student J., a non-verbal, wheel chair-bound boy, and student D., a boy with Down’s syndrome, were sitting next to each other in Respondent’s classroom. Student D. did something to irritate student J. Student J. balled up his fist as if to strike student D. Respondent, in front of the entire class, Lisa Phillips (an ESE paraprofessional), and Ms. Sorren, made the following statement: “So is the cripple [student J.] going to beat up the retard [student D.]”./4 Other students in the classroom laughed at student J. and student D. Student J.’s wheelchair is motorized. After making the statement quoted above, Respondent attempted to move student J. into a corner. When student J. moved the wheelchair away from the corner, Respondent unplugged the wheelchair’s battery and made the statement: “Now who has the power. I am in control, not you.” The other students laughed at student J. Respondent then moved student J. to the corner./5 On October 11, 2011, Respondent sent student J. to Mr. Montalbano’s classroom and commented that “he’s too much of a bother.” One day at dismissal, student J. asked Respondent three or four times to be taken to the bathroom. Respondent did not respond to student J. The bus arrived, but the driver refused to accept student J. because of his request to go to the toilet. Mr. Montalbano, who overheard student J.’s requests to Respondent, took over the responsibility for student J. Respondent became frustrated while helping student J. with the computer after student J. got the wires to the headphones tangled. Respondent ripped the headphones out of the back of the computer leaving the male connection in the female end of the computer. In a private discussion with Mr. Montalbano, Respondent referred to student D. as being a “moron.” Respondent sent her 11 students to Mr. Montalbano’s side of the classroom, which housed ten computers. There was a disturbance because one student did not have a computer. Respondent came to Mr. Montalbano’s side of the classroom and told student D. to give up his computer. Student D.’s first language is Bulgarian. When student D. muttered in protest, Respondent yelled at him to express himself in English. When student D. left the computer, his place was quickly taken by another student. Student D. began to cry. Respondent walked back to her side of the classroom, leaving student D. crying in Mr. Montalbano’s side of the classroom. On October 11, 2011, student Mi., an 11 year-old female on the autism spectrum, was playing with a puzzle during free time when she spotted an open computer. Student Mi. left the puzzle pieces out to go to the computer. Respondent noted the puzzle on the table and yelled out, “Who left this puzzle out?” Student Mi. hid under a table in reaction to Respondent’s statement. Respondent came to the table, roughly grabbed student Mi., and pulled her out from under the table. Respondent led student Mi. to the table with the puzzle and yelled in front of the class: “I don’t know what your mother teaches you at home, but you’re a little, spoiled brat and I am not going to clean up after you.” Respondent then took student Mi.’s doll away from her and put her in time out for the remainder of the day, approximately 30 minutes. On another occasion, Respondent had the other members of the class imitate student Mi., after student Mi. had engaged in self-stimulatory behavior. The other students laughed at student Mi. In October 2011, Ms. Hudson discovered Respondent and student Mi. in Mr. Montalbano’s half of the classroom with the lights dimmed. Ms. Hudson thought student Mi. had been crying. Ms. Hudson reported the incident to her principal, but she did not question Respondent, nor did Respondent volunteer to Ms. Hudson an explanation of the circumstances that resulted in Respondent being in the darkened classroom with student Mi. At the formal hearing, Respondent explained that student Mi. had run into traffic while waiting to be transported from school. Respondent testified, credibly, that she was trying to calm down student Mi./6 Ms. Sorren testified, credibly, that during the short time she was in Respondent’s classroom (approximately three school days), she heard Respondent address the students as morons, monkeys, jungle monkeys, and animals. That testimony was consistent with the other testimony as to the language used by Respondent in her classroom. Petitioners established that Respondent repeatedly yelled at her students to “shut up,” described a student’s behavior as being “stupid,” and called at least one student a “brat.” Student Mo., a female on the autism spectrum, was new to Respondent’s class. On an unidentified date, Respondent directed student Mo. to go to timeout. After student Mo. refused to go to timeout, Respondent shoved student Mo. into the timeout area. During the 2010-2011 school year, Respondent became upset with student C., a female, and ordered her out of her classroom. When student C. talked back to Respondent, Respondent threw student C.’s backpack and her shoes over the chalkboard that divided the classroom. Ms. Knighton and her class were in the part of the classroom into which Respondent threw the objects. Student C. became very upset. Respondent became upset with Ma., a male student. Ma. had a snack on his desk. Respondent knocked the snack to the floor and smashed it with her foot. Petitioners established that Respondent engaged in a pattern of misconduct. Respondent’s effectiveness in the school system has been impaired.
Recommendation The following recommendations are based on the foregoing findings of fact and conclusions of law: As to Case No. 12-2859TTS, it is RECOMMENDED that the School Board of Broward County, Florida, enter a final order adopting the findings of fact and conclusions of law set forth in this Recommended Order. It is FURTHER RECOMMENDED that the final order uphold the suspension without pay of Rhea Cohen’s employment and terminate that employment. As to Case No. 13-0704PL, it is RECOMMENDED that the Education Practices Commission enter a final order adopting the findings of fact and conclusions of law set forth in this Recommended Order. It is FURTHER RECOMMENDED that the final order suspend Rhea Cohen’s educator’s certificate for a period of five years, to be followed by probation for three years with conditions to be set by the Education Practices Commission. DONE AND ENTERED this 12th day of July, 2013, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON 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 12th day of July, 2013.
The Issue The issue in this cause is whether Respondent's teaching certificate should be disciplined.
Findings Of Fact Respondent holds Florida Educator's Certificate No. 418505 in the area of Music. The certificate was valid through June 30, 2002. There was no evidence that Respondent had renewed his certificate. During the 1997-1998 school year, Respondent was employed with the Sumter County School District as the band director at Central High School. Elizabeth Pooley was born on August 9, 1983. She attended West Hernando Middle School in the 1996-1997 school year. She attended Central High School as a ninth-grade student in the 1997-1998 school year. She was a member of the Central High School band directed by Respondent. Respondent met Ms. Pooley during her eighth-grade year at West Hernando Middle School. During her ninth-grade year (1997-1998) at Central High School, Respondent became aware that Ms. Pooley had a crush on him. Ms. Pooley was 14 years old. At the time he met Ms. Pooley in the 1996-1997 school year Respondent was 45 years old, married and had two minor children, one girl and one boy. Both children were around Ms. Pooley's age. In April 1998, at Central High School, Respondent wrote a note containing inappropriate sexual innuendo about Respondent having a sexual encounter with Ms. Pooley on a boating excursion with her family. The note, while somewhat hard to follow, described Ms. Pooley as a virgin, acts of masturbation by Ms. Pooley, and referenced something about a burp. Respondent gave the note to a minor female student, H.P., and told her to give the note to her sister, C.P., another minor female student in the band at Respondent's school. When the girls' mother overheard her daughters talking about the note, she took it from them and read it. Realizing how inappropriate the content of the note was for a male teacher to be writing about a minor female student, she kept the note. The next day, she turned the note over to the principal of Central High School. When the principal, Dennis McGeehan, questioned Respondent about the note, Respondent admitted writing it. However, he did not remember writing the note and could not fathom why he had written the note. At hearing Respondent claimed that he believed he had been slipped a drug in a cupcake by some students. However, he offered no credible evidence of such. Based upon this admitted misconduct, Mr. McGeehan recommended that Respondent be suspended with pay. On April 23, 1998, Respondent was advised that he would not be recommended for renewal of his employment contract with the district. Respondent resigned his position of employment on April 25, 1998, after he received the notice of his non-renewal. A copy of the note written by Respondent and an article about it were published in the St. Petersburg Times newspaper on April 30, 1998. Other news articles about the matter were also published. Ms. Pooley and her father were both interviewed about the incident and quoted in one of the newspaper articles. Both denied the incident described in the note ever occurred. After this incident, Ms. Pooley was teased at school. She was unhappy because of the teasing. Respondent continued to meet with Ms. Pooley and talk with her. At some point, the relationship evolved from mentoring to one of romance. However, other than kissing and caressing, no sexual intercourse occurred. Ms. Pooley's parents were very concerned about Respondent's involvement with their daughter. They requested he have no further contact with her. Their request was not honored by Respondent or Ms. Pooley. Eventually they moved with her approximately 2 1/2 to 3 hours away to New Port Richey, Pasco County, in order to avoid further contact between their child and Respondent and to remove her from teasing at school about the incident. Respondent, however, did not leave Ms. Pooley alone. Respondent made numerous trips from his residence in Cross City, Florida, to New Port Richey, Florida, to see her during the summer of 1998. Again her parents requested that Respondent not see their daughter. Respondent again did not comply. As a result of Respondent's contacts with Ms. Pooley in June and July 1998, her parents filed a criminal complaint with the Pasco County Sheriff's Office against Respondent. Respondent's involvement with Ms. Pooley in New Port Richey involved love notes and letters to Ms. Pooley, furtively meeting with Ms. Pooley on a number of occasions without her parents' knowledge or consent, and engaging in kissing, hand- holding, hugging, and fondling of Ms. Pooley's breasts. No sexual intercourse occurred. Several of their secret meetings took place in the parking lot of a bar called the Pasco Pussycat. In February 1999, at age 15, Ms. Pooley's parents placed her in a short-term residential run-away crisis center called the RAP House in New Port Richey. They did so because their relationship with Ms. Pooley had deteriorated due to her ongoing relationship with Respondent. While enrolled there, staff of the RAP House initiated a lewd and lascivious report to the Pasco County Sheriff's Office concerning Respondent's involvement with Ms. Pooley. In her statement to the Pasco County Sheriff's investigators, Ms. Pooley told them that beginning in June 1998, Respondent picked her up in his truck on several occasions and drove her into some woods where they kissed and held hands. After Ms. Pooley moved to Pasco County, Respondent stayed in touch with her by telephone and letters. Respondent would meet her at convenience stores and a mall. They would park and engage in kissing and petting. On one occasion, Respondent rubbed her breasts and inner thighs. Respondent would tell Ms. Pooley that he could not wait to put a ring on her finger and that they could make love. Ms. Pooley testified that she told the police officer this story because the officer had told her Respondent had been romantically involved with other students and the thought angered her. Ms. Pooley's recanting of her earlier statements is not credible. In a further effort to keep Respondent away from their daughter, Ms. Pooley's parents decided to send her to live with relatives in Kentucky. Respondent found out where she was and visited her there. Ms. Pooley eventually returned to Florida in March 2000. The day after her return to Florida she and Respondent were married. The marriage took place on March 17, 2000. Ms. Pooley was 16 years old and Respondent was 47 years old at the time of their marriage. Ms. Pooley's parents gave their legal consent to the marriage because they had finally given up on keeping Respondent away from their daughter. They did not want to lose her forever over the relationship between Respondent and her. Ms. Pooley, who could easily have graduated from high school, did not finish high school. She has since obtained her GED. To date, Ms. Pooley and Respondent remain married. She is employed at the post office. Other than her failure to graduate from high school, her poor relationship with her parents, and inability to develop free of a romantic involvement with an adult, the evidence did not demonstrate any physical or mental harm to Ms. Pooley by Respondent's actions since most of the harm, if any, is of the type that will only manifest itself in the future. The evidence was clear and convincing that by his involvement with Ms. Pooley, Respondent inappropriately gained from his status as a teacher in violation of Rule 6B-1.006(3)(h), Florida Administrative Code. The evidence also demonstrated that Ms. Pooley was unnecessarily exposed to embarrassment and disparagement in violation of Rule 6B-1.006(3)(e), Florida Administrative Code. Indeed, her parents moved to remove her from such embarrassment. Finally and most seriously, through his actions Respondent harmed Ms. Pooley in violation of Rule 6B-1.006(3)(a), Florida Administrative Code. Ms. Pooley did not finish high school and did not enjoy a normal or harmonious family relationship due to Respondent's actions. She was deprived of a normal high school experience and subjected to advances from a 45-year-old man who was infatuated with her. Such behavior is anathema to the professional requirements and primary duty of a teacher. After his resignation from Central High School, Respondent was employed as a band director at Dixie County High School in 1999-2000 school year. After marrying Ms. Pooley, he began bringing her to school with him to assure her and demonstrate that he was not romantically involved with other students. At times, Respondent allowed Ms. Pooley, who was a talented music and band student and who had helped choreograph the band's routine, to supervise and discipline his band students. Some of these students were the same age or older than Ms. Pooley. Ms. Pooley's participation in the class caused resentment in some of the students. The school's principal received complaints from both parents and students about Respondent permitting his 16-year-old wife to assume teaching responsibilities and discipline of his band students. Some students quit the band. The evidence did not show that the students who quit did so because of Respondent's actions. The principal instructed Respondent not to allow his wife to participate in his class and that his wife should not be present at the school. He received a reprimand for permitting his wife to help with his class. Respondent complied with these instructions. The evidence was not clear that Respondent lost effectiveness by permitting his wife to help with his class. However, it was incredibly poor professional judgment on Respondent's part. Respondent also allowed Ms. Pooley to use the school computer located in his office at Dixie County High School. Ms. Pooley used Respondent's school computer on May 9, 2000, to send an inappropriate email to Respondent's ex-wife at the school where she was employed. However, the evidence was unclear whether Respondent knew that his wife had used the school's computer to send his ex-wife an email. Nor was it clear that such use was against school policy, since occasional personal use was permitted by the school. Respondent again complied with the principal's instructions not to permit his wife to use the school computer. Therefore, no violation has been established with regard to the use of the school's computer, if such activity can ever amount to a violation of the licensure statutes and rules which would subject a licensee to discipline. Respondent was not recommended for renewal of his employment in Dixie County for the 2001-2002 school year. Respondent takes the position that he has not done anything wrong regarding his romance with Ms. Pooley. It does not appear that Respondent will engage in similar conduct in the future.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent's Florida Educator's Certificate No. 418505 be revoked for a minimum of three years. DONE AND ENTERED this 10th day of October, 2002, in Tallahassee, Leon County, Florida. DIANE CLEAVINGER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 10th day of October, 2002. COPIES FURNISHED: Richard Averill 420 Northwest 257th Street Newberry, Florida 32669 J. David Holder, Esquire 24357 U.S. Highway 331, South Santa Rosa Beach, Florida 32459 Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Room 224-E Tallahassee, Florida 32399-0400 Marian Lambeth, Program Specialist Bureau of Educator Standards Department of Education 325 West Gaines Street, Suite 224-E Tallahassee, Florida 32399-0400
Findings Of Fact Respondent was reassigned to Douglas MacArthur Senior High School- North, an alternative school, on December 16, 1982, because of his unacceptable conduct in Grade 9 at North Miami Junior High School. Petitioner presented evidence of 16 incidents of conduct by Respondent which required disciplinary action in the year preceding his reassignment to the alternative education program. Additionally, his grades in all courses were unsatisfactory at the time of reassignment. Respondent did not accept the alternative school assignment and instead obtained employment at a restaurant. He is now living with his grandmother, Mrs. Helen Wood, who seeks his return to a regular junior high school program. She has discussed this proposal with the principal of Thomas Jefferson Junior High School and he apparently agrees with her. Respondent's evidence established that his family life was difficult and disruptive during the period of his misconduct. His situation has now stabilized and he is responsive to his grandmother's supervision. He should, therefore, be given an opportunity to return to the regular academic program (Grade 9) at Thomas Jefferson Junior High School.
Recommendation In consideration of the foregoing, it is RECOMMENDED that Petitioner enter a Final Order classifying Respondent as a disruptive student, but permitting him to attend the Thomas Jefferson Junior High School in a probationary status. ENTERED this 6th day of May, 1983, at Tallahassee Florida. R. T. CARPENTER, 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 6th day of May, 1983. COPIES FURNISHED: Mark Valentine, Esquire 3000 Executive Plaza 3050 Biscayne Boulevard Miami, Florida 33137 Mrs. Helen Ward 1000 Northwest 153rd Street Miami, Florida 33169 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132 Phyllis O. Douglas, Esquire Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132
