Findings Of Fact Goodman holds Florida teaching certificate number 295031, post-graduate rank III, valid through June 30, 1983 covering the areas of physical education and junior college. At all times pertinent hereto, Goodman was employed in the public schools of Duval County, Florida, at Matthew Gilbert Seventh Grade Center as a physical education teacher. During the summer school session of 1978, at Matthew Gilbert, Goodman was assigned as teacher for the physical education class to be held during that session. The class was funded through the Full-Time Equivalent (FTE) program. In order to maintain the allocation of FTE funds, there was a requirement that a minimum number of 28 physical education students be enrolled and in attendance. In the event the required enrollment was not met, then the class could not be held. If that occurred, the teacher would receive no salary for the summer session relating to that course. Goodman prepared a student attendance register for the summer school of 1978 physical education class beginning June 16, 1978, and ending July 28, 1979. That register reflects 28 enrolled students in the course. Goodman also prepared two summer school class enrollment sheets for FTE reporting purposes. The first is dated June 29, 1978, and shows 28 students enrolled in physical education. The second is dated July 10, 1978, and reflects 27 full-time students enrolled in physical education. Notwithstanding these enrollment sheets, actual student enrollment and attendance was far below that which was reported by Goodman. Jacquelyn Merritt enrolled in the summer school physical education course but never attended. Nonetheless, the attendance register shows Ms. Merritt as having attended 28 days. Ms. Merritt was awarded the grade of "B" for the course. Lorretta Roundtree neither enrolled nor attended physical education class. Nonetheless, the attendance register reflects 30 days attendance and Ms. Roundtree received a grade of "A" for the physical education course. Patricia Willis never attended the physical education class although she did enroll. The student attendance register reflects that Ms. Willis attended 30 days and received a grade of "B" for the physical education course. Cimmie McBride attended the physical education class for about a week. However, the class attendance register reflects 30 days attendance for Ms. McBride and she ultimately received a grade of "A" for the physical education course. Shelia Jackson attended one day of physical education during the summer school session but the student attendance register reflects 28 days attendance. Ms. Jackson received a grade of "B" for the physical education course. Carla Todd did not enroll in nor attend the summer school physical education class but the student attendance register shows Carla Todd being present for 30 days. Ms. Todd received a grade of "A" for the physical education class. Raymond Riley did not attend the summer school but the student attendance register reflects 28 days attendance and Mr. Riley received a grade of "B" for the physical education course. Steve Simon never attended summer school but the student attendance register reflects 29 days attendance and Mr. Simon received a grade of "B" for the physical education course. Deidra Sampson enrolled in the physical education course for the summer school session and attended three or four days. However the student attendance register reflects 30 days attendance and Ms. Sampson was awarded a grade of "A" for the physical education course. Claudia Tyson never enrolled in nor attended physical education during the summer school session hut the student attendance register reflects 28 days of attendance and Ms. Tyson received a grade of "B" for the physical education course. Martin Vaughn attended one day of physical education during the summer school session but the student attendance register reflects 30 days of attendance. Mr. Vaughn received a grade of "B" for the physical education class. Sharon Williams enrolled in the physical education course but never attended any classes. Nonetheless, the student attendance register reflects 30 days attendance and Ms. Williams received a grade of "A" for the physical education course. Hellen Pinkney enrolled in the physical education course for the summer school session but never attended. Nonetheless, the student attendance register reflects 30 days attendance and Ms. Pinkney received a grade of "A" for the physical education class. Willie Ward attended the physical education class during summer school for approximately one week. The student attendance register reflects 29 days attendance and Mr. Ward received a grade of "B" for the physical education class. It was Goodman's responsibility to prepare the student attendance registers and grade reporting forms for her class. The evidence establishes that Goodman's signature appears on those forms which reflect inaccurate attendance data and the award of undeserved grades. Goodman signed her name to official reports that were patently incorrect. If the reports had been submitted correctly then FTE funds would have been terminated for the physical education class. Had the class been cancelled, Goodman would not have received remuneration for her services as a physical education instructor during that summer session of school. The evidence does not establish Goodman's motivation as being that of protecting her income or insuring that the course was made available to those students who did attend. Goodman's efficiency ratings reflect that she is an otherwise effective teacher.
Findings Of Fact Respondent, Expression Gym, Inc. (Expression) is a Florida Corporation with its place of business located at 2633 West 76th Street, Hialeah, Dade County, Florida. The business began in approximately 1991. From the time of its inception, Expression has offered some type of fitness equipment for use at its facility. In April, 1994, Fabio Otero began working at Expression. Mr. Otero brought all of his physical fitness equipment to the business for use at the facility. The working relationship between Mr. Otero and Expression ended in late July, 1994. On August 1, 1994, Ms. Gloria Gil, an owner of Expression, bought some fitness equipment for use at Expression. Sometime prior to September, 1994, DACS officials received information from the Hialeah occupational licensing office that Expression had an occupational license for an exercise studio or health studio. A research of the records of DACS did not reveal that Expression had registered with DACS as a health studio. On June 24, 1994, DACS sent a letter to Expression, notifying the business that health studios were required to be registered pursuant to Section 501.015, Florida Statutes, and enclosing a health studio registration form with the letter. Expression did not receive the letter. On July 27, 1994, DACS sent another letter to Expression, stating that DACS had not received a reply to its previous letter and requesting Expression to send in the registration form. Expression did receive the July 27, 1994 letter. DACS did not receive a registration form from Expression in response to the July 27, 1994 letter. On September 2, 1994, James Kelley, an Assistant Division Director of the Division of Consumer Services, which is a part of DACS, made an on-site inspection of Expression's facility. While at Expression's facility, Mr. Kelley talked to Mrs. Gil, who advised him that Expression had two types of memberships. One membership entitled the member to use the weight equipment at the facility and to participate in the aerobics program. The other membership was for a gymnastic program for children. Mrs. Gil advised Mr. Kelley that a three month membership could be purchased for $89, which also included one month free. A six month membership with one month free could be purchased for $129 and a nine month membership could be purchased for $199 which also entitled the member to one free month. By letter dated October 10, 1994, DACS advised Expression that DACS intended to impose an administrative fine for failure to register as a health studio. DACS further advised Expression that it must register before engaging in any further health studio activities. As of the date of the hearing Expression had not submitted a registration form to DACS.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that Expression Gym, Inc. violated Sections 501.015(1), (2), (3), Florida Statutes, and assessing a penalty of $1,000.00. DONE AND ENTERED this 6th day of February, 1995, in Tallahassee, Leon County, Florida. SUSAN B. KIRKLAND Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 6th day of February, 1995. APPENDIX TO RECOMMENDED ORDER, CASE NO. 94-6447 To comply with the requirements of Section 120.59(2), Florida Statutes (1993), the following rulings are made on the parties' proposed findings of fact: Petitioner's Proposed Findings of Fact. Paragraphs 1-3: Accepted in substance. Paragraph 4: Rejected to the extent that it implies that Expression actually received the letter of June 24, 1994. Paragraph 5: Accepted to the extent that Expression received the July 27, 1994 letter but rejected to the extent that it was the second notice that Expression had received. Paragraph 6: Accepted in substance. Paragraph 7: Accepted. Paragraph 8: Rejected as irrelevant to the charges in the Notice of Intent to Impose Administrative Fine. Paragraph 9: Accepted in substance. COPIES FURNISHED: Joe Englander, Esquire Department of Agriculture and Consumer Services 515 Mayo Building Tallahassee, Florida 32399-0800 Expression Gym C/O Gloria Gil 2633 West 76th Street Hialeah, Florida 33016 Honorable Bob Crawford Commissioner of Agriculture The Capitol, PL-10 Tallahassee, Florida 32399-0810 Richard Tritschler General Counsel Department of Agriculture and Consumer Services The Capitol, PL-10 Tallahassee, Florida 32399-0810
The Issue The ultimate issue for determination at the formal hearing was whether Respondent's teaching certificate should be revoked for violating Subsection 231.28(1)(f), Florida Statutes, and Florida Administrative Code Rule 6B- 1.06(3)(a) and (e), as more fully described in the Administrative Complaint.
Findings Of Fact At all times material to this proceeding, Respondent was licensed as a substitute teacher pursuant to certificate number 479861 from the State of Florida Department of Education. Respondent's teaching certificate expires on June 30, 1991. Respondent had approximately 10 years experience as a substitute teacher in Dade and Broward counties. He never received an evaluation less than satisfactory and never received a written reprimand during his 10 years of employment as a substitute teacher. Respondent never achieved annual or continuing contract status with any school board in Florida. Respondent was a permanent substitute teacher in physical education during the 1988-1989 school year. His teaching responsibilities were divided between Natural Bridge Elementary and Biscayne Gardens Elementary. Respondent also worked as an actor and had appeared in at least one episode of the television program "Miami Vice". One of Respondent's students at Biscayne Elementary was Omar de Jesus. Omar was in the sixth grade at the time. Racquel de Jesus, Omar's younger sister, was in the fifth grade at Biscayne Elementary but was not one of Respondent's students. Judy Aulet is the mother of Omar and Racquel. Mrs. Aulet and her children lived approximately two blocks from Biscayne Elementary. They moved to Florida after the school year began. Omar and Racquel began attending Biscayne Elementary sometime in October, 1989. Neither Omar, Racquel, nor Mrs. Aulet knew that Respondent was an actor. Respondent approached Omar approximately two to three weeks after Omar began attending school in October, 1989. Respondent told Omar that Respondent had noticed Omar's mother the first day Omar started school and that Omar's mother was very pretty. Respondent asked about Omar's mother during class on several subsequent occasions, asked Omar for his mother's telephone number and address so Respondent could talk to her, and generally engaged Omar in extended conversations about Omar's mother. On one occasion, Respondent told Omar that Respondent had obtained the address and telephone number of Omar's mother through the school records and was coming over for dinner that evening. Omar was alarmed at Respondent's apparent preoccupation with his mother and was embarrassed by Respondent's repeated comments and inquiries. Omar disclosed the problem to his mother. When Respondent told Omar that he was coming over for dinner, Omar disclosed the situation to his mother. At that time, Omar discovered that Respondent had also been talking to Omar's sister, had given a picture of himself to Racquel, and had asked her to take the picture to her mother. Racquel was first approached by Respondent during physical education class one day. Racquel accompanied two of her friends over to where Respondent was teaching another physical education class. After the two friends left, Respondent told Racquel that her mother was very pretty. The next Monday during Racquel's lunch break, Respondent asked Racquel if her mother was going out with anyone or if she had a husband. Approximately two to three days later after school, Respondent gave Racquel a picture of himself and told Racquel to give it to her mother. Racquel did not want Respondent to go out with her mother and was concerned over the situation. Racquel was afraid that Respondent would get mad if Racquel told Respondent that her mother did not want to go out with him. Racquel was also afraid to tell her brother for fear her brother would get mad at Respondent. After Racquel disclosed the situation to her mother, Racquel was concerned enough to telephone her father in New York for advice. /1 One day during his physical education class, Omar accused Respondent of cheating in-favor of the girls' team when Respondent was refereeing a game between the boys and girls. Omar and Respondent began arguing. Omar told Respondent that he was going to get Respondent fired for confronting Omar and his sister about their mother and that a detective was coming to school to investigate the matter. Respondent grabbed Omar by the arm, shook him, called Omar a "motherfucker", and threatened Omar. Respondent told Omar that if he was fired over this he would "come after" Omar. Omar had a disciplinary history involving failure to listen, inattentiveness, and "mouthing off" at teachers. Omar was sent to the principal's office many times by other teachers. Omar accused Respondent of cheating in favor of the girls team whenever Respondent refereed games between the girls and boys. Omar called Respondent a "cheat" to Respondent's face on more that one occasion. Respondent never sent Omar to the principal's office for discipline. Respondent awarded Omar a grade of B in physical education and a C in conduct. The altercation between Omar and Respondent occurred approximately two to three weeks after Omar and Racquel had disclosed the situation to their mother. At the time of that disclosure, Mrs. Aulet had put Respondent's picture in a drawer and told her children she would report the matter to the school. She told her children not to confront Respondent with the issue. Mrs. Aulet did not know Respondent and had never communicated with him or met him. Mrs. Aulet reported the incident to Dr. Jolivette, the school's principal, after the altercation between Omar and Respondent. Dr. Jolivette questioned Respondent and verbally reprimanded Respondent. Dr. Jolivette requested an investigation, and the matter was investigated by a detective. Respondent was suspended from his employment and remained suspended at the time of the formal hearing. Respondent's actions subjected Omar and Racquel to unnecessary embarrassment. The conditions both children were subjected to were harmful to learning. Respondent demonstrated extremely poor judgment in his course of conduct. He used Omar and Racquel in an attempt to attain personal gain outside the scope of his employment. Respondent's actions and course of misconduct were serious in their nature.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent be found guilty of violating Subsection 231.28(1)(f), Florida Statutes, and Florida Administrative Code Rule 6B- 1.06(3)(a) and (e). It is further recommended that Respondent's teaching certificate be revoked for a period of three years from the date of the final order in this proceeding. DONE and ENTERED this 4th of September 1990, in Tallahassee, Florida. DANIEL MANRY Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 4th day of September 1990.
The Issue Whether Petitioner should be allowed to retake the Minimum Standards Certification Examination for a firefighter without repeating the Minimum Standards Course.
Findings Of Fact Petitioner, Laurie J. Rudock (Rudock), failed the practical portion of the initial Minimum Standards Certification Examination for firefighters given on August 12, 1997. Petitioner retook the Minimum Standards Certification Examination on October 13, 1997, and failed that examination. After being duly noticed of the final hearing in this proceeding, Petitioner did not appear at the final hearing and failed to present any evidence.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finding that Petitioner, Laurie J. Rudock, is not entitled to retake the Minimum Standards Certification Examination without first retaking the Minimum Standards Course. DONE AND ENTERED this 23rd day of March, 1998, in Tallahassee, Leon County, Florida. SUSAN B. KIRKLAND 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 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of March, 1998. COPIES FURNISHED: Bill Nelson State Treasurer and Insurance Commissioner Department of Insurance and Treasurer The Capitol, Plaza Level 11 Tallahassee, Florida 32399-0300 Daniel Y. Sumner, General Counsel Department of Insurance and Treasurer The Capitol, Plaza Level 26 Tallahassee, Florida 32399-0300 Karuna P. Rao, Esquire Department of Insurance and Treasurer 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0300 Laurie J. Rudock, pro se 1819 North Victoria Park Road Fort Lauderdale, Florida 33305
Findings Of Fact At all times material hereto, Respondent was employed by Petitioner on a continuing contract as a physical education teacher at North Ward Elementary School in the Pinellas County school system. Respondent holds a professional teaching certificate number 495697, issued by the State of Florida, Department of Education. On April 6, 1988, Respondent was conducting a physical education class at North Ward Elementary School. The students were playing "T-ball" outdoors, and during the game, one student, Michelle Washington, became upset with Respondent when she told the teams to change sides in order to allow all students to have a turn at bat. The student ran up to Respondent and began screaming in her face. Respondent asked her several times to stop and to calm down, but the screaming continued for between thirty and forty-five seconds. When it became apparent that Washington would not calm down, and after trying to verbally quiet her, Respondent slapped Washington on the cheek. No marks or bruises resulted, and at the end of the class period Respondent and Washington hugged and apologized to each other. Respondent reported the incident immediately to her principal, and also called the student's mother to apologize. During December, 1987 and January, 1988, Respondent grabbed Amudin (Deenie) Tzekas by the jaw, and Jason Owens by the arm in order to discipline and quiet them. These actions caused no physical injury to either student, and were not reported by Respondent or the students at the time. Based upon the testimony of students involved in these incidents, as well as Respondent's own testimony, the testimony of her principal, Marcia Morgan, and a written summary prepared by Steven Crosby of a conference held within a week of the incident involving Michelle Washington, it is found that Respondent slapped Washington on the face on April 6, 1988, after having grabbed Tzekas by the jaw and Owens by the arm earlier in the school year. These actions were taken by Respondent as forms of discipline, and to maintain control in her classes. Based upon the testimony of Marcia Morgan and Steven Crosby, who were accepted as experts in education, Respondent's actions involving these three students impair her effectiveness as a teacher due to the loss of respect among students and parents which has resulted. She failed to exercise good profession judgment, and instead her actions caused embarrassment to her students. This conduct by a teacher impairs the teaching profession as a whole. According to school board policy, teachers should never touch students in a punitive manner. By proper notice to Respondent, Petitioner sought to impose a three day suspension without pay as a result of these incidents, and Respondent has timely sought review of this proposed action. In August, 1987, prior to these incidents, Respondent was counseled by Marcia Morgan, her principal, about getting angry with people. Morgan told Respondent that if she violated school board policy, she could not help her.
Recommendation Based upon the foregoing, it is recommended that Petitioner enter a Final Order imposing a three day suspension without pay upon Respondent. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 25th day of October, 1988. DONALD D. CONN Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 25th day of October, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-2291 Rulings on Petitioner's Proposed Findings of Fact: 1-2. Adopted in Finding of Fact 1. Rejected as a finding of fact since this is a conclusion of law. Adopted in Finding of Fact 6. Rejected as not based on competent substantial evidence in the record. 6-8. Rejected since these are conclusions of law. Adopted in Finding of Fact 2. Adopted in Finding of Fact 8. 11-13. Adopted in Findings of Fact 3 and s. 14-15. Rejected as irrelevant and unnecessary. 16-17. Adopted in Finding of Fact 4. 18. Rejected as unnecessary. 19-20. Adopted in Finding of Fact 6. Rejected as not based on competent substantial evidence. Adopted in Finding of Fact 6. Rulings on the Respondent's Proposed Findings of Fact: Adopted in Findings of Fact 1, 2 and 7. Adopted in Finding of Fact 7. Adopted and Rejected, in part, in Findings of Fact 3, 5. Rejected in Findings of Fact 4 and 5. Rejected as irrelevant and unnecessary. Rejected in Findings of Fact 4 and 5. Rejected in Finding of Fact 8. COPIES FURNISHED: Scott Rose, Ph.D. Superintendent of Schools Post Office Box 4688 Clearwater, Florida 34618 Bruce P. Taylor, Esquire Post Office Box 4688 Clearwater, Florida 34618 Charleen C. Ramus, Esquire Post Office Box 75638 Tampa, Florida 33675
The Issue Should the State of Florida, Education Practices Commission (EPC), impose discipline against Respondent, who holds Florida Educator's Certificate No. 292611, for the alleged violations set forth in EPC Case No. 001-0121-A?
Findings Of Fact Stipulated Facts: Respondent holds a Florida Educators Certificate (FEC), number 292611, in the areas of General Science, Physical Education, and Middle Grades. Respondent's FEC is valid through June 30, 2005. At all times relevant to this proceeding, Respondent was employed as Physical Education Teacher at Sante Fe High School (Sante Fe) in the Alachua County School District. Additional Facts: During his career Respondent has been employed by the Alachua County School Board as part of the instructional staff. His career spans 33 years. Respondent taught physical education at Sante Fe from 1974 through 2001. In the last two years he has taught at Bucholz High School in drivers education. The physical education curriculum at Sante Fe, to include the spring of 2000, emphasized physical activity for the students three days a week. Two days a week were devoted to classroom instruction. The physical fitness instruction emphasized cardio vascular conditioning and building endurance in the participants' muscles. The physical activity took place both inside the gymnasium and outside on the school grounds. The physical activity involved stretching before engaging in the prescribed activity. A typical physical fitness class taught by Respondent would have had 35 to 48 students. In the spring of 2000 two of the students taught physical education by the Respondent were E.C. and L.B., who were ninth graders. On the whole, the proof is not clear and convincing that Respondent inappropriately stared at the students E.C. and L.B. when they were doing their exercises in the physical education class in the spring of 2000, as they claim. During the spring of 2000 E.C. and L.B. went to Respondent's office to exchange a basketball which was flat for one that was not. After the students asked for a new basketball Respondent replied "well that's not the only thing that's flat" while looking in the direction of the students. The students took this remark to be intended as sexual innuendo concerning the chest of the student E.C. but their impression was gained outside the context of another remark made at that time directed to those students referring to them as a "bunch'a airheads." When the set of remarks are considered together they do not constitute remarks that are perceived as sexual harassment or sexual innuendo as alleged in the Administrative Complaint. To refer to students as "airheads" is not appropriate, however that remark is not the subject of the Administrative Complaint. The comments made by Respondent directed to E.C. and L.B. were overheard by a male student, F.T.B. M.H., whom one can infer was a student at Sante Fe, showed Respondent her midriff where she had been sunburned. Respondent commented "M., you need to put sunscreen on. You're going to get burnt up." No other facts were established concerning Respondent and the student M.H. Contrary to the material allegations in the Administrative Complaint, no proof was presented concerning the allegation that Respondent told female students in his class that the shorter their shorts were, the higher their grades would be.
Recommendation Upon the consideration of the facts found and conclusions of law reached, it is RECOMMENDED: That a final order be entered dismissing the Administrative Complaint in all its counts. DONE AND ENTERED this 23rd day of April, 2003, in Tallahassee, Leon County, Florida. CHARLES C. ADAMS 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 23rd day of April, 2003.
