The Issue Whether Respondent is subject to personnel action as specified in the Notice of Charges and if so, what action should be taken.
Findings Of Fact Respondent Casey Carlisle is a teacher at Santa Fe High School and is employed by the Alachua County School Board on a professional service contract. Respondent has taught at Santa Fe High School since 1990 and has taught in the Florida public school system for 32 years. The 2006-2007 school year for students began on Monday, August 14, 2006. Respondent teaches a business systems technology course during the sixth period in Room 11-011. The class has approximately 30 students. Respondent is hard of hearing. He advises both teachers and students of his hearing problem, and tends to speak louder than most. According to his wife, he does not need a microphone when he is talking. He had advised the sixth period class of his hearing problem and his tendency to speak loudly on the first day of school. Room 11-011 is a large classroom, although not the largest in the school. The noise from the air conditioner, lights, computers and monitors, and the normal activity of having a classroom full of students shuffling their feet and passing things out, combined with Respondent's hearing deficit, is such that Respondent finds it necessary to speak loudly in this room. Respondent also has a tendency to "talk with his hands," and did so often during his testimony at hearing. The computers in Respondent's classroom were not functioning properly on the first day of school, which caused frustration for students and teacher alike. As a result, Respondent changed his plans for the second day and gave the students an alternative lesson. In preparing for this lesson, it was necessary for him to hand out books and document holders at the beginning of class that were still in the storage cabinets in the classroom. On this same day, Principal Bill Herschleb was monitoring students in a common area on campus during the transition between fifth and sixth periods, which is his normal practice during the initial days of a school year. A student came up to him and asked for help retrieving a backpack that had been left in Room 11-011. Herschleb escorted the student to the classroom to retrieve the backpack so that the student would not be considered tardy going to his next class. Herschleb entered Respondent's classroom with the student while Respondent was giving instruction and handing out books and document holders. According to Herschleb, he remained in the room only 15-30 seconds, and Respondent's back was to him. Herschleb testified that Respondent was yelling down the second row of students in the direction of a particular student, leaning toward that student and saying very loudly, "Come on, buddy, come on," in what the principal perceived as a threatening challenge. The principal believed that he would have to intervene because a physical confrontation was eminent. The principal testified that Respondent was speaking much louder than normal; that he was gesturing and motioning; that the veins of his temples were sticking out and that in Herschleb's judgment, the volume of Respondent's voice was not appropriate for a classroom setting. During this brief exchange, Respondent also allegedly stated, "I'll show you what we're going to do," and turned to his left. At that point, he saw the principal standing near the door and asked what he needed. Herschleb explained that the student wanted to get his backpack. However, the backpack was not located and both Herschleb and the student left the classroom. Herschleb acknowledged that while he felt the incident to be totally inappropriate, Respondent used no name calling and no profanity, and no physical altercation actually occurred. Herschleb did not testify how close Respondent was to the student in question and did not explain how he could see veins at Respondent's temples when Respondent had his back to him. Several students, as well as Respondent, testified regarding their recollection of the incident. Their testimony varied greatly, in terms of whether anything out of the ordinary happened; whether Respondent was speaking louder than normal; which student, if any, was the subject of Respondent's anger; and the reason for any action taken by Respondent. Their testimony was uniform, however, that there was no physical threat to any student. Further, the incident, to the extent there was one, had not made a lasting impression on any student in the classroom. Based on the evidence presented, it is found that Respondent admonished Garrett Holton for speaking in class when he asked questions of Sarah Sapp, a student sitting next to him, after Respondent had instructed the class not to talk without being recognized first. He pointed at Garrett while speaking to him, but there were no threatening gestures. Respondent did raise his voice, but was not much louder than usual, especially when it is taken into account that he was in the process of passing out document holders and at times had his back to the class. While Respondent did not feel well and may have been irritated, he was not angry. Respondent told the student he would get a referral if he continued to talk. Both the student to whom the comments were directed and the girl to whom he was speaking ultimately viewed the incident as not being a "big deal." Garrett Holt testified that while he was embarrassed initially and did not want to get into trouble, he did not take it too seriously and did not indicate any reluctance to return to the class the next day. Sarah thought it was just a normal day, and teachers yelling in class is "nothing new." She did not think the incident was a big deal and felt she and Garrett were treated appropriately and should have waited to discuss the lesson after Respondent finished talking. The students did not feel threatened and the incident was not the subject of conversation around the school. No student or parent complained about the incident. Indeed, one student testified that the matter had been "blown up into something that it wasn't," and it wasn't "necessary to go to court over." Several students considered the day just an ordinary day. Respondent certainly thought so, and was actually pleased with the overall progress of his class that day, given the challenges the computers had presented. After class ended, Respondent saw the backpack that the student with Herschleb had not been able to find, and loaded it onto his cart to take it to Herschleb or to the student via the lost and found. The next morning Respondent saw Herschleb and told him he had found the backpack. He asked what Herschleb wanted him to do with it and apologized for not helping more to find the backpack during class time, making a comment to the effect that "it shouldn't have happened that way." Herschleb understood his apology to mean that Respondent recognized that his behavior the day before as inappropriate. On Wednesday afternoon, August 16, 2006, Herschleb gave Respondent a letter notifying him of a meeting with the principal to be held on Friday, August 18, 2006. Respondent did not know that Herschleb had any concern about his conduct during the August 15, 2006, sixth period class until Herschleb made the allegation on Friday, August 18, 2006. During this meeting, Herschleb explained what he had observed on Tuesday afternoon in Respondent's classroom and why he was concerned. Respondent denied any wrongdoing. Respondent was placed on administrative leave with pay so that the matter could be investigated. The matter was also reported to Joan Longstreth, Assistant Superintendent for Human Resources for the Alachua County School Board. An investigator was assigned who obtained random statements from members of the sixth period class. After receipt of the administrative investigative report, a committee was convened to review the report and make a recommendation. While the committee members discussed the student statements, the most significant factor in recommending disciplinary action to the superintendent was the fact that the school principal had observed the incident.
Recommendation Upon consideration of the facts found and conclusions of law reached, it is RECOMMENDED: That a final order be entered dismissing all charges against Respondent. DONE AND ENTERED this 5th day of February, 2007, in Tallahassee, Leon County, Florida. S LISA SHEARER NELSON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 5th of February, 2005.
