Findings Of Fact Respondent holds Florida Teacher's Certificate No. 422775 (graduate, rank 3), which expires on June 30, 1984. She is certified to teach biology and health education at the secondary (grades 7-12) school level. She is now employed by the Duval County School Board as a teacher at Douglas Anderson Middle School. (Testimony of Cobb; Prehearing Stipulation; P-4.) In January, 1974, Respondent pleaded guilty to a misdemeanor crime: the obtaining of public assistance by fraud in violation of Section 409.325, Florida Statutes. On January 28, 1974, the County Court of Duval County adjudged her guilty and placed her on probation. (P-1.) On November 23, 1976, the State Attorney of Duval County filed a criminal Information charging Respondent with petit larceny. Essentially, he alleged that, on November 21, 1976, she took merchandise belonging to Winn-Dixie Stores, Inc., without paying for it. On November 30, 1976, she entered a plea of nolo contendere to the petit larceny charge; she was adjudged guilty by the County Court of Duval County and sentenced to pay a $50 fine and court costs. (P-2.) In July, 1978, Respondent applied for a Florida teaching certificate. Section V of the application asked: "Have you ever been arrested or involved in a criminal offense other than a minor traffic violation"? By marking the appropriate space, she answered "No". (P-3.) She executed the application before a notary public on July 14, 1978; she expressly certified that: I understand that Florida Statutes provide for revocation of a teacher's certificate if evidence and proof is established that the certificate has been obtained by fraudulent means. (Section 231.28 F.S.) I further certify that all information pertaining to this application is true and correct. Pursuant to her application, and in reliance upon the representation that she had never been arrested or involved in a crime, the Florida Department of Education issued her the teacher's certificate which she now holds. (Testimony of Lee; P-4.) At the time she completed her application, Respondent was aware of her criminal record and knew that she had been involved in at least one criminal offense--the 1976 offense of petit larceny. At hearing, she could not explain why she denied any past involvement in a criminal offense: Q.: [Counsel for Commissioner] : So, you knew [when you applied for a teacher's certificate] that you had been involved in a criminal history or had had an involvement with the law? A.: [Respondent]: In '76, yes. Q.: Okay, why didn't you put, "yes"? A.: I just didn't. Q.: But you . . . you knew you had been involved in a criminal offense. A.: In '76, yes. : So then why didn't you put, "yes"? A.: I just didn't. (Tr. 126.) It must be concluded that Respondent knowingly falsely represented to the Department of Education that she had no prior involvement in any criminal offense; that she misrepresented her criminal record in order to obtain a Florida teacher's certificate. (Testimony of Cobb; P-1, P-2, P-3.) Whether an applicant has ever been arrested or involved in a criminal offense is a material factor in the Department's evaluation of an application. An application may be denied if the applicant has committed acts which would justify suspension or revocation of a teaching certificate; it is likely-- although not certain--that, if the Department was aware of Respondent's past criminal record, her application would have been denied. (Testimony of Lee.) When Respondent submitted an application for employment with the Duval County School Board on July 24, 1978, she falsely answered "No" to the question: "Have you ever been arrested for any other offense other than minor traffic violations"? (Tr. 49.) She knew her answer was false 2/ . Had her criminal record been revealed, she would not have been recommended for employment. (Testimony of Epting, Cobb.) From October 7, 1978, to November 11, 1978, Respondent obtained unemployment compensation even though she was employed by the City of Jacksonville. She obtained the unemployment compensation by falsely indicating she was not employed. Consequently, a criminal Information was filed on April 29, 1980, by the State Attorney of Duval County charging her with unemployment compensation fraud. On June 4, 1980, she pleaded guilty to the charge; however, the Circuit Court of Duval County withheld adjudication, placed her on probation for one year, sentenced her to three weekends in county jail, and directed that she make complete restitution of the funds wrongfully collected. (P-6.) Respondent acknowledges that she knew her action was wrong, that she knew she was not entitled to the unemployment compensation funds. She explains that she was in financial need and behind on her house payment; she feels her actions were justified, under the circumstances, because Jacksonville (her employer) had promised that she would continue to be employed. Instead--after she had incurred long-term financial commitments--Jacksonville terminated her employment. She has now made full restitution for the wrongfully taken funds. (Testimony of Cobb.) Respondent has been an effective and satisfactory teacher during the 1980-1981 school year. Her ratings have been the highest possible; she has shown initiative and established rapport with her students. Her principal recently promoted her to chairman of the science/health department and recommended that she be reemployed for the 1981-1982 school term. (Testimony of Poppell; R-1.) Teachers in Duval County are held to a high standard of character and conduct. A teacher's involvement in crime would tend to violate those standards; parents would be unwilling to entrust the education of their children to such an individual. (Testimony of Poppell.) The Commissioner's proposed findings of fact have been considered. Those proposed findings which are not incorporated above are rejected as irrelevant to the issue presented or unsupported by the preponderance of evidence.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That the Education Practices Commission enter a final order permanently revoking Respondent's Teacher's Certificate, No. 422775. DONE AND RECOMMENDED this 3rd day of November, 1981, in Tallahassee, Florida. L. CALEEN, JR. 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 3rd day of November, 1981
The Issue Whether Respondent, a school teacher, committed the offenses set forth in the Administrative Complaint
Findings Of Fact Respondent currently holds Florida teaching certificate 716424, covering the area of Economics. This teaching certificate is valid through June 30, 1995 (sic). During the 1993-1994 school year, Respondent was employed as a teacher at Ft. Pierce Westwood High School, in St. Lucie County School District. On or about December 15, 1993, Respondent showed an "R" rated video, Posse, to her students. The video contained profanity, nudity and scenes depicting sexual acts. On or about January 6, 1994, Respondent was issued a Letter of Reprimand and was suspended for one (1) day without pay effective June 9, 1994, for demonstrating poor judgment and violating school procedures in showing the video.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a final order that adopts the findings of fact and conclusions of law contained herein. It is FURTHER RECOMMENDED that Respondent be issued a written reprimand for violating Rule 6B-1.006(3)(a), Florida Administrative Code, and Section 231.28(1)(i), Florida Statutes. DONE AND ENTERED this 15th day of May, 1996 in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON, 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 15th day of May, 1996. COPIES FURNISHED: Carl J. Zahner, II, Esquire Ronald G. Stowers, Esquire Department of Education Suite 1701, The Capitol Tallahassee, Florida 32399-0400 Monique Carter 1901 Valencia Avenue Fort Pierce, Florida 34946 Sam Carter 1901 Valencia Avenue Fort Pierce, Florida 34946 Karen Barr Wilde, Executive Director Education Practices Commission 301 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Kathleen P. Richards, Administrator Professional Practices Services 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400
The Issue Whether Respondent violated section 1012.795(1)(d) or (1)(f), Florida Statutes (2019), and, if so, what penalty should be imposed.1 1 Unless otherwise noted, all references to the Florida Statutes herein are to the 2019 version, which was in effect when the actions alleged in the Administrative Complaint took place.
Findings Of Fact Petitioner is the chief educational officer of the state, who recommends members for appointment to the Education Practices Commission—the statewide commission with the authority to discipline Florida educators. See §§ 1001.10(1), 1012.79(1), and 1012.795(1), Fla. Stat. (2021). Respondent, Calvin Chin, holds State of Florida Educator’s Certificate 737639, covering the areas of Educational Leadership and Mathematics, which is valid through June 30, 2026. Respondent has served as an educator for 27 years, primarily with the Marion County School District (“District”). He was first employed by the District as a math teacher at Dunnellon High School (“Dunnellon”) in 1994, where he continued for 12 years. Respondent was promoted to dean of students at Dunnellon in 2002 and served in that capacity through 2012. During that time-frame, Respondent was also a part-time math instructor at a local community college. Respondent served as dean of students for College Park Elementary School from 2012 through 2016, when he returned to Dunnellon to continue teaching math for college readiness and dual enrollment math for students enrolled for college-level credit math instruction. Respondent also had a 19-year career with the U.S. Marine Corps. He originally enlisted in 1978 after graduating from high school, then joined the Marine Reserves while he pursued his college education. Respondent graduated from the University of Florida in 1983 and became a commissioned officer through the Reserve Officer Training Corps (“ROTC”) program in December of that year. Respondent served in the Marine Corps through 1994. In 1996, Respondent established the Young Marines at Dunnellon, a program similar to ROTC that teaches discipline and military structure to youth. Respondent is passionate about teaching and shaping the lives of young people. Respondent has never had any disciplinary action taken against his license or against him by either the District or any school at which he has taught. Relationship with Joanne Mandic Respondent and Joanne Mandic are not married, but have been in a relationship for 19 years. Respondent and Ms. Mandic have lived together as a couple for over 18 years. The couple has one child together, C.C., who lives with her parents. C.C. was 13 years old and home-schooled by Ms. Mandic at all times relevant hereto. Ms. Mandic has another child, Nyasha Mandic-Mandaza, from a prior relationship. Ms. Mandic-Mandaza was 22 years old at all times relevant hereto. She does not live with her mother and Respondent; however, on the date of the incident, Ms. Mandic-Mandaza was staying at their home. October 25, 2019, Incident On Friday, October 25, 2019, Respondent came home from Dunnellon and prepared himself an alcoholic drink. At some point during the evening, he asked Ms. Mandic what she was preparing for dinner and she responded that she was too tired to cook. Respondent became upset that Ms. Mandic was not preparing dinner. By this time, Respondent had consumed several alcoholic drinks, and he and Ms. Mandic got into a verbal altercation about dinner. During the verbal altercation, Respondent came out of his bedroom holding his handgun. He said to Ms. Mandic, “Don’t piss me off. I am a Marine and I know how to shoot,” or similar words. Respondent “racked” the gun, which made a distinctive sound audible to Ms. Mandic. Afterward, Respondent returned to his bedroom. Ms. Mandic is familiar with the gun and familiar with Respondent’s habit of storing the gun and ammunition separately. According to Ms. Mandic, the gun was unloaded when Respondent brought it out of the bedroom. Ms. Mandic testified that she knew the gun was unloaded and that she was not in fear of Respondent. Ms. Mandic testified that this incident was not indicative of her relationship with Respondent and that he has never been violent toward either her or the children. She further testified that there has been no similar incident since that date. C.C. was home in her bedroom and heard, but did not see, the altercation between her parents. No evidence was introduced regarding C.C.’s reaction to the incident or its effect on her. Ms. Mandic-Mandaza both heard and saw the altercation between Respondent and her mother. Ms. Mandic-Mandaza had come to the house after work and was preparing to leave for the evening, when she stepped into the hallway in response to the verbal altercation. She saw Respondent walking down the hallway with his handgun. Ms. Mandic-Mandaza was in fear as Respondent appeared to be approaching her in the hallway; however, Respondent passed by her and moved towards her mother, who was in the kitchen. Ms. Mandic-Mandaza retreated to a bedroom where she called the police to report the incident, then left the house shortly thereafter. Respondent’s Arrest In response to the 911 call, Marion County Deputy Sheriffs Joseph Diaz and Christopher White, as well as Sergeant Moore, were dispatched to the Chin home. Both Respondent and Ms. Mandic were interviewed by the officers. During his interview with the officers, Respondent was forthcoming about his actions. He demonstrated to the officers how he held and racked the gun, and repeated the statements he made as he held the gun. Ms. Mandic downplayed the incident when she was interviewed, describing Respondent’s actions as simply “showing us his handgun.” Deputy White also contacted Ms. Mandic-Mandaza via telephone and interviewed her, as well as meeting with her to take her statement. She was reticent to discuss the incident with Deputy White and expressed that she did not want to get Respondent in trouble. Respondent was arrested for Aggravated Assault with a Deadly Weapon Without the Intent to Kill and Possession of a Firearm During the Commission of a Felony, and was incarcerated from October 25 to November 2, 2019. On November 21, 2019, the State Attorney for the Fifth Judicial Circuit filed an “Announcement of No Information” on the allegation of Use of a Firearm During the Commission of a Felony and charged Respondent solely with Aggravated Assault with a Deadly Weapon (without Intent to Kill). On March 11, 2020, Respondent plead nolo contendere to the lesser charge of Improper Exhibition of a Firearm, which is a misdemeanor defined in section 790.10, Florida Statutes, and adjudication was withheld. Respondent received credit for eight days served, was placed on a year of probation, assessed court and prosecution costs of $350, and was required to submit to random alcohol screens at least two times per month during probation. Subsequent Events Following his incarceration, Respondent voluntarily participated in mental health counseling and alcohol evaluation. Respondent testified that he “talked about drinking” with the counselor. Respondent further testified that, since the incident, he has “not been drunk like that.” The District placed Respondent on administrative leave with pay through December 2020. Respondent was placed on administrative leave without pay in December 2020, but returned to teach at Dunnellon in March 2021 just before spring break. Following spring break, due to the COVID-19 pandemic, the school moved classes to an online format and Respondent continued teaching in that format throughout the remainder of the 2020-2021 school year. Respondent remains employed by the District and is currently teaching at Dunnellon. Neither Dunnellon nor the District imposed any disciplinary action against Respondent due to the incident and his subsequent arrest. Respondent testified that neither any student nor any fellow teacher has questioned him or made any remark about the incident or his arrest. Petitioner introduced no evidence of any press coverage or community concern regarding the incident. Character Witnesses Stephen Ayers is the director of student assignment and school choice for the District. Mr. Ayers has worked in various educational capacities with the District for 27 years, including as a math teacher, dean, assistant principal, principal, and coordinator for the District. Mr. Ayers met Respondent in 1994 when they were both pursuing their graduate degrees. Mr. Ayers later worked at Dunnellon as assistant principal, then principal, while Respondent served as dean of students. In those capacities, Mr. Ayers was Respondent’s supervisor at Dunnellon. Mr. Ayers described Respondent as “an exemplary dean” and “a mentor with … youngsters.” Mr. Ayers was aware of Respondent’s October 25, 2019 arrest and “the basis and reason for that arrest.” Mr. Ayers testified that he has no doubt Respondent can continue to perform his duties effectively and does not consider Respondent’s effectiveness in the community to be diminished by that arrest. Bobby James retired from the District in 2018 after serving the District for 47 years as a teacher, coach, principal, school board member, and school board chairman for three terms. Mr. James was the principal at Dunnellon in 1994 and hired Respondent as a math teacher. Mr. James remained principal for 12 years and moved Respondent into the dean of student’s position. Mr. James initiated the Young Marines program at Dunnellon and chose Respondent as the first instructor in the program. After leaving Dunnellon for a position with the school board, Dunnellon remained a school in which Mr. James, as a school board member, exercised oversight authority. Mr. James frequently visited Dunnellon and met Respondent and administrative leaders there. Mr. James described Respondent’s performance as an educator and leader of young people as “exceptional,” especially in working with youth who have difficult life challenges. Mr. James was familiar with Respondent’s arrest and “had heard” that a firearm was involved in the October 25, 2019 incident. He was not aware of the specific statements alleged to have been made by Respondent to Ms. Mandic. During cross-examination, Mr. James admitted that, if Respondent had said, “Don’t piss me off, I have a gun and I know how to use it,” that would not be appropriate conduct for an educator, or for that matter, “for any person.” However, Mr. James testified that, given his 25 years of experience with Respondent in service to the District, even knowing the specifics of the incident, he believes Respondent can remain an effective educator. Mr. James testified that Respondent’s character with students and District employees is proven, and indicated that, if he were in a position to do so, Mr. James would rehire Respondent. Ryan Malloy met Respondent through the Young Marines program in middle school when Respondent was the commanding officer of the program (for both high school and middle school). Mr. Malloy left the Young Marines program before high school but has maintained a mentoring relationship with Respondent through his recent graduation from the University of Florida. Respondent taught Mr. Malloy the game of golf and the two play golf regularly. Mr. Malloy testified that Respondent has served as a constant mentor in his life; that when he is really struggling with something, he talks to Respondent. He related that Respondent encourages him to consider both sides of a situation and avoid quick judgments. Mr. Malloy was generally familiar with Respondent’s arrest and the circumstances surrounding the arrest. Mr. Malloy testified that Respondent’s effectiveness as a mentor has not been diminished by the incident. He testified that Respondent has helped him acknowledge his own mistakes and learn from them. Mr. Malloy stated that Respondent taught Mr. Malloy that true character is built by taking ownership of one’s mistakes and using them for self-improvement. Mr. Malloy believes that is an important trait for all teachers to be effective role models. Linda Malloy, Mr. Malloy’s mother, retired from the District in May 2019, was a fellow teacher with Respondent at Dunnellon for 24 years, and second in command of the Young Marines with Respondent for 10 years. She described Respondent as strict, honest, and fair. She admired his ability to reach students through Young Marines and help them turn their lives around when they were headed “down the wrong path.” Ms. Malloy was familiar with Respondent’s arrest and the fact that a gun was involved in the October 25, 2019 incident. Ms. Malloy testified that Respondent can remain an effective educator because she “believe[s] in his core values.” She trusted him with her own child and still would to this day. Ms. Malloy has not heard anyone in the education community suggest that Respondent should not continue to teach. Sharon Lambert has taught at Dunnellon for 22 years and currently teaches business technology and serves as the teachers’ union representative. Respondent was in charge of the Young Marines when Ms. Lambert began teaching at Dunnellon. Her impressions of Respondent as an educator are that he cares about his students, wants to help them succeed, and “would do anything to help them learn what he’s supposed to teach.” Ms. Lambert was familiar with Respondent’s arrest. She testified that the incident has not had any negative affect on his ability to teach his students. To her knowledge, since Respondent returned to the classroom, there has been “no talk amongst the students or the teachers” concerning the incident or Respondent’s ability to teach. Respondent also introduced a letter from Jay Easom, who served as president of the Dunnellon School Advisory Council (“SAC”) from 2007-2010 and is familiar with Respondent in that capacity, as well personal conversations with him. The letter relates as follows: I am writing on behalf of “Captain Chin.” I am acquainted with him for more than ten (10) years. I’ve had the opportunity to know him in his capacity of leadership at our local high school as well as our personal conversations detailing his desire to be responsible to his family. He always plans well and stands firmly in his commitment to reach his personal goals for the benefit of his family. I can’t tell you how surprised I was when [Respondent] shared with me the events of October 25, 2019 that resulted in him being charged. I instantly detected his regret and disappointment. The idea of [Respondent] bringing harm to anyone escapes my consideration especially in the handling of a firearm. My children attended and graduated from [Dunnellon]. I know [Respondent] in this period during my participation as president of the [SAC] from 2007-10. I learned more about [Respondent] when as a part of our meetings, he introduced proud young men and women to share their outlook for the future that had joined Young Marines. He provided a path of personal development for them and I am sure that his peers will tell you that his hard work, dedication, and friends in the community supported the program because of his commitment. I expect that [Respondent] has a plan to be sure that there will never again be such an event in his life as this. I hope that you may have the opportunity to give him further consideration as his employer, students, peers, and friends have over a very difficult year and a half. Thank you. Respondent also introduced the following letter from Jeffery Daniel Ratliff: To whom it may concern, Captain Calvin Chin has been, and still is, one of my largest influences throughout my life. I still remember the very first time I met him, and that was over 20 years ago. It was my first day in a new school, an entirely new state, at [Dunnellon]. While waiting with my parents in the front office to get registered for classes, in walks this Marine wearing freshly starched cammies with flickering silver and gold on his uniform, and it was at that moment that I decided to become a Marine. Over my high school career Captain Chin shaped and guided me in a way that only a true leader can. When my temper or overzealousness got the best of me, he did not hesitate to punish me but always ensured that a lesson was learned. When I was unable to understand the mathematic teachings of Mr. Gaitanis’ overeducated ramblings, Captain Chin would break it down simply for me and insist that I already knew how to do it. And he was right! When I left for Marine Corps bootcamp, he gave me some last-minute advice, but insisted that I would do fine … as long as I didn’t ask too many questions. He was right about that too. When I got back from Iraq and needed another Marine to vent to about what I saw, he was there for me. He wasn’t judgmental at all. After the Young Marines program was removed from the high school, he chose to keep it active and open it up for all ages from 8 to eighteen. He even encouraged me to come volunteer after I had gotten out of the Marines. I did not have the patience or understanding to deal with such young children at the time, but Captain Chin did. Even though I have two loving parents who are still together, and love me very much, I still refer to Captain Chin as my Adopted Asian Dad. I have seen this man motivate, influence and inspire so many young minds over the years that I lose count. As Dean at the high school, the kids who he had to punish still respected him and find him years later to tell him that they are doing so much better now, because he showed them respect first. It is impossible to fit everything that Captain Chin has done to help me, influence me on one page. Just know that this is one of the most selfless human beings I have ever met, that has committed his entire life to serving and helping others, and will continue to do so until he is no longer physically able. Respondent also introduced his final evaluation from the District for the 2020-2021 school year on which he received the rating of “Effective” on all four instructional practice domains in which he was assessed. Respondent became emotional during his testimony at the final hearing. Petitioner introduced, and played for the undersigned, body-camera footage from the responding officers on October 25, 2019. Respondent was ashamed and remorseful of his behavior on the night of the incident. Respondent was dismayed by his own behavior and it obviously pained him to watch the video footage.
Conclusions For Petitioner: Ron Weaver, Esquire Post Office Box 770088 Ocala, Florida 34477-0088 For Respondent: Mark Herdman, Esquire Herdman & Sakellarides, P.A. 29605 U.S. Highway 19 North, Suite 110 Clearwater, Florida 33761-1526
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission enter a final order finding that Respondent violated section 1012.795(1)(f), but, based on the Findings of Fact herein, including substantial factors in mitigation, take no action against Respondent’s certificate. DONE AND ENTERED this 29th day of September, 2021, in Tallahassee, Leon County, Florida. COPIES FURNISHED: S SUZANNE VAN WYK Administrative Law Judge 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 29th day of September, 2021. Lisa M. Forbess, Executive Director Education Practices Commission Department of Education Turlington Building, Suite 316 325 West Gaines Street Tallahassee, Florida 32399-0400 Ron Weaver, Esquire Post Office Box 770088 Ocala, Florida 34477-0088 Anastasios Kamoutsas, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 Mark Herdman, Esquire Herdman & Sakellarides, P.A. Suite 110 29605 U.S. Highway 19 North Clearwater, Florida 33761-1526 Randy Kosec, Jr., Chief Office of Professional Practices Services Department of Education Turlington Building, Suite 224-E 325 West Gaines Street Tallahassee, Florida 32399-0400
The Issue Should the State of Florida, Education Practices Commission impose discipline against the Respondent for sexual misconduct with a student.
Findings Of Fact The Respondent held Florida Teaching Certificate No. 686332, covering the area of emotionally handicapped education, which was valid through June 30, 2002. At all times pertinent hereto, the Respondent was employed as a teacher at Bayonet Point Middle School in Pacso County School District. A.Y. was an emotionally handicapped student who had been a student of the Respondent in the 1999-2000 school year. Between June and December 2000, when A.Y. was 13 years old, the Respondent engaged in an inappropriate relationship with A.Y. This relationship included kissing, fondling, and on more than one occasion the Respondent's digital penetration of A.Y.'s vagina. On or about December 15, 2000, the Respondent was observed meeting A.Y. at a library when she got into his car and drove away. He later claimed he was counseling her. The Respondent was charged with two counts of committing lewd and lascivious acts with a minor as a result of his behavior with A.Y. On November 26, 2001, the Respondent entered a plea of guilty to both counts. The Respondent was adjudicated guilty on both counts, and sentenced to eight years in prison, followed by seven years of probation, concurrently on each charge. James Davis, the Director of Human Resources for the School Board of Pasco County where the Respondent taught, testified. Mr. Davis was a certified teacher with many years of experience and testified about professional standards and the impact of the Respondent's acts upon the school system. For a teacher to enter into a sexual relationship with a student, especially a young, emotionally handicapped student, is very harmful to the student emotionally and academically. A.Y. became defensive, and then felt guilty that she had caused the Respondent to get into trouble. Furthermore, such conduct destroys the faith the parents and other community members have in the educational system. There were articles in the newspaper about the situation which were adverse to the educational environment. The parents of A.Y. were very angry about the acts committed by the Respondent. The Respondent, when questioned by administrative staff for the Pasco School District, admitted he made an error in meeting A.Y., but denied any other inappropriate conduct.
Recommendation Upon consideration of the facts found and conclusions of law reached, it is RECOMMENDED: That a final order be entered permanently denying the Respondent a teaching certificate. DONE AND ENTERED this 27th day of February, 2003, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN 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 27th day of February, 2003. COPIES FURNISHED: Bruce P. Taylor, Esquire Post Office Box 131 St. Petersburg, Florida 33731-0131 James C. Howard Gulf Correctional Institution 500 Ike Steele Road Wewahitchka, Florida 34655 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, Room 224-E Tallahassee, Florida 32399-0400
The Issue At issue in this proceeding is whether respondent committed the offenses alleged in the administrative complaint and, if so, what disciplinary action should be taken.
Findings Of Fact Respondent, Paul W. Lane, holds teacher's certificate number 323312, issued by the Florida Department of Education, covering the area of substitute teaching. Such certificate is valid through June 30, 1993. Pertinent to this case, respondent was on a list of authorized substitute teachers in the Broward County School District, and during the 1989- 90 school year he was assigned as a substitute teacher at Plantation Middle School. In May 1990, a complaint was lodged with school authorities by one of respondent's students, Debi Keefe, regarding respondent's conduct. Following investigation, respondent was removed from the list of approved substitute teachers for the Broward County School District. 1/ Regarding the complaint lodged by Debi Keefe (Debi), the proof demonstrates that during the course of the 1989-90 school year, she was an eighth grade student at Plantation Middle School and was occasionally assigned to respondent's internal suspension class (ISC). On or about May 10, 1990, she was informed by a member of the faculty that he was going to return her to respondent's ISC, at which time Debi objected and accused respondent of various acts of misconduct which she contended occurred while previously assigned to his ISC. The acts of misconduct voiced by Debi, that were identified at hearing, were essentially four in number. First, she testified that when she wore her bicycle shorts to school, respondent would tell her to lift her shirt so he could see her "fat thing" (vagina). Second, when, following respondent's inquiry as to where she would be going for spring break, and Debi informing him that she would be at the beach, respondent stated that if she did "they could do it in [the] car". Third, upon becoming aware that Debi was dating her friend's cousin, respondent stated "I hope he fucks you so he makes you scream." Finally, Debi testified that on one occasion during ISC, respondent grabbed her on the leg, and she pushed his hand away. Regarding the later allegation, Debi had no recollection of the circumstances surrounding the event, and no conclusion can be drawn regarding the propriety of respondent's action in grabbing Debi's leg from the paucity of proof. According to Debi, she at first thought respondent's remarks to be a joke, but because they had continued, she elected to make her disclosure when faced with reassignment to his ISC. She was not really scared or embarrassed by respondent's remarks, but they did make her feel uncomfortable. Following Debi's revelations to the authorities at Plantation Middle School, an investigation was undertaken which included interviews with other students who had been in respondent's classes that school year. During the course of that investigation, three other students revealed what they felt was objectionable conduct by respondent. Those three students, Chantalle Habersham, Marilyn Gonzales, and Catherine Illiano testified at hearing as to the events which follow. Chantalle Habersham (Chantalle) was a seventh grade student in respondent's drop out prevention class for the 1989-90 school year. On Chantalle's fourteenth birthday, in May 1990, respondent announced that, following the end of class, he was going to give Chantalle some birthday "licks" (spanks), thereafter took her over his knee, and gave her fourteen licks across her buttocks. According to Chantalle, each time respondent gave her a lick, he rubbed his hand across her buttocks, but she declined to characterize such contact as a caress. At the time, Chantalle was wearing slacks and the spanking occurred in front of approximately four other students. Although embarrassed by the incident, it did not really scare Chantalle or make her angry. Nor was Chantalle's birthday spanking the first of such events in respondent's class. Rather, such had become a ritual or game, although perhaps ill advised, during the course of the year. Chantalle further testified regarding a spelling test where respondent used the word "saliva" in a sentence to demonstrate its meaning to the class. According to Chantalle, the sentence selected by respondent was as follows: "When I kiss Chantalle, saliva ran out my mouth". Chantalle did not, at the time, interpret respondent's statement to be a sexual or intimate reference on his part, but did find it embarrassing. Marilyn Gonzales (Marilyn) was a seventh grade student in respondent's language arts class, during the 1989-90 school year and also participated in track, where respondent was her coach. According to Marilyn, on one occasion during the school year she experienced a cramp in her thigh while running and respondent offered his assistance to alleviate the problem. While rubbing her thigh to isolate the area where the pain was located, Marilyn says that respondent "touched [her] vagina" once. Marilyn further testified that respondent, on another occasion, "touched [her] butt". On each of these occasions Marilyn was wearing shorts, and respondent did not then, nor did he ever, make any sexually suggestive remarks toward her. Regarding Marilyn's allegations of "touching," the record is devoid of any specificity as to the manner in which respondent "touched" Marilyn's vagina on one occasion and the manner in which or the circumstances surrounding the one occasion on which he "touched" her buttocks. Under such circumstances, the proof is as susceptible of demonstrating accidental contact, as it is an improper touching on respondent's part. Finally, Marilyn testified regarding an event that occurred in respondent's ISC while she and Chantalle were passing out papers. According to Marilyn, she and Chantalle were discussing, in respondent's presence, Marilyn's sister, who was single and pregnant with her second child. During the course of that conversation, respondent was attributed with saying something to the effect that, "if a girl lay down and spread her legs something would happen." Such statement was not, however, shown to be a sexually suggestive remark, nor was it so taken by Marilyn. Rather, considering the context in which it was uttered, such remark was, as likely as not, intended to evoke caution least the girls find themselves in the same predicament as Marilyn's sister. Catherine Illiano (Catherine) was an eighth grade student at Plantation Middle School during the 1989-90 school year and participated in after school athletics, discus and shot put, for which respondent was the coach. According to Catherine, on one such afternoon she and Marilyn Gonzales, along with the other girls who were participating in shot put and discus, were gathered, and respondent stated to Marilyn that "he liked her big titties", and then turned to Catherine and stated "don't worry, I like little ones too." While such statements were certainly improper, the circumstances surrounding such remarks were not adequately explicated at hearing to demonstrate baseness or depravity. Finally, Catherine also testified that on another afternoon respondent stated to her that her "father wouldn't like it if [she] had a black hand across [her] ass". When asked why respondent made such a statement, Catherine answered: I don't know. We were just talking about the shot put and we were all playing around and he bursted out with that. While the circumstances surrounding the incident are sparse, they suggest, as likely as not, that respondent's statement was intended as a reproach for Catherine's disruptive conduct at the time, rather than for any improper motivation. Contrasted with the recollections of Debi, Chantalle, Marilyn and Catherine, respondent testified that, but for the birthday spanking of Chantalle, which did occur, and his current lack of recollection regarding the statement made by him during the spelling test, that the remaining statements or conduct attributed to him by the other students did not occur. Considering the proof offered in this case, with due deference to the standard of proof applicable to these proceedings, discussed infra, compels the conclusion that respondent was not shown to have committed any improper or immoral act when he touched Debi and Marilyn, and was not shown to have committed an improper or immoral act when he spanked Chantalle on her birthday. Such conduct was also not shown to seriously reduce respondent's effectiveness as an employee of the District, or to constitute the intentional exposure of a student to unnecessary embarrassment or the exploitation of a professional relationship for personal gain or advantage. 2/ Regarding the remarks attributed to respondent by Debi, Chantalle, Marilyn, and Catherine, the proof in this case is compelling that respondent did utter such remarks. The remarks uttered to Debi, a fourteen-year-old girl at the time, were base, exposed her to unnecessary disparagement, and seriously reduced respondent's effectiveness as an employee of the District. The remarks uttered to Chantalle, Marilyn and Catherine, while not shown to be of such inherent baseness as to rise to the level of gross immorality, were nevertheless improper and, to varying degrees, demonstrated respondent's failure to fulfill his duty of providing leadership and effectiveness as a teacher.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be rendered which permanently revokes respondent's teaching certificate. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 27th day of August 1991. WILLIAM J. KENDRICK 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 27th day of August 1991.
The Issue Whether Respondent committed the violations alleged in the Administrative Complaint? If so, what disciplinary action should be taken against her?
Findings Of Fact Based upon the evidence adduced at hearing, and the record as a whole, the following Findings of Fact are made: Since April 19, 1991, Respondent has held Florida teaching certificate 637552, which covers the areas of business education (grades 6 through 12) and physical education (grades 6 through 12). The certificate is valid through June 30, 1996. Respondent is now, and has been at all times material to the instant case, including January 4, 1992, employed as a teacher by the Broward County School Board. On January 4, 1992, while operating her motor vehicle, Respondent was involved in an incident which led to her arrest and to the filing of an information against her in Broward County Circuit Court Case No. 92-2200CF10A. The information contained the following allegations, all of which were true: MICHAEL J. SATZ, State Attorney of the Seventeenth Judicial Circuit of Florida, as Prosecuting Attorney for the State of Florida in the County of Broward, by and through his undersigned Assistant State Attorney charges that [P]AULA DAWN REDO on the 4th day of January, A.D. 1992, in the County and State aforesaid, did unlawfully commit an assault upon Lieutenant Tom McKane, a duly qualified and legally authorized officer of the City of Sunrise, knowing at the time that he was a law enforcement officer, with a deadly weapon, to wit: an automobile, while he was in the lawful performance of his duties, without intent to kill, by striking the police car being drive[n] by Lieutenant Tom McKane with [s]aid automobile thereby placing Lieutenant Tom McKane in fear of imminent violence, contrary to F.S. 784.021 and 784.07(2)(c), COUNT II AND MICHAEL J. SATZ, State Attorney of the Seventeenth Judicial Circuit of Florida, as Prosecuting Attorney for the State of Florida in the County of Broward, by and through his undersigned Assistant State Attorney charges that PAULA DAWN REDO on the 4th day of January A.D. 1992, in the County and State aforesaid, did unlawfully commit an assault upon Lieutenant John George, a duly qualified and legally authorized officer of the Town of Davie, knowing at the time that he was a law enforcement officer, with a deadly weapon, to wit: an automobile, while he was in the lawful performance of his duties, without intent to kill, by driving said automobile toward the police car being driven by Lieutenant John George thereby placing John George in fear of imminent violence, contrary to F.S. 784.021 and 784.07(2)(c), COUNT III AND MICHAEL J. SATZ, State Attorney of the Seventeenth Judicial Circuit of Florida, as Prosecuting Attorney for the State of Florida in the County of Broward, by and through his undersigned Assistant State Attorney charges that PAULA DAWN REDO on the 4th day of January A.D. 1992, in the County and State aforesaid, did unlawfully commit an assault upon Sergeant Gary Silvestri, a duly qualified and legally authorized officer of the Town of Davie, knowing at the time that he was a law enforcement officer, with a deadly weapon, to wit: an automobile, while he was in the lawful performance of his duties, without intent to kill, by driving said automobile toward the police car being driven by Sergeant Gary Silvestri thereby placing Sergeant Gary Silvestri in fear of imminent violence, contrary to F.S. 784.021 and 784.07(2)(c), COUNT IV AND MICHAEL J. SATZ, State Attorney of the Seventeenth Judicial Circuit of Florida, as Prosecuting Attorney for the State of Florida in the County of Broward, by and through his undersigned Assistant State Attorney charges that PAULA DAWN REDO on the 4th day of January A.D. 1992, in the County and State aforesaid, did then and there unlawfully, willfully and maliciously injure the property of another, to wit: a police car, property of City of Sunrise, by striking said police car with another automobile, the damage to the said property so injured being greater than two hundred dollars ($200.00) but less than one thousand dollars ($1,000.00), contrary to F.S. 806.13(1) and F.S. 806.13(2), COUNT V AND MICHAEL J. SATZ, State Attorney of the Seventeenth Judicial Circuit of Florida, as Prosecuting Attorney for the State of Florida in the County of Broward, by and through his undersigned Assistant State Attorney charges that PAULA DAWN REDO on the 4th day of January A.D. 1992, in the County and State aforesaid, while being the operator of a motor vehicle upon a street or highway, and having knowledge that she had been directed to stop the said motor vehicle by a duly authorized police officer, did unlawfully and willfully refuse or fail to stop in compliance with the said directive, contrary to F.S. 316.1935, COUNT VI AND MICHAEL J. SATZ, State Attorney of the Seventeenth Judicial Circuit of Florida, as Prosecuting Attorney for the State of Florida in the County of Broward, by and through his undersigned Assistant State Attorney charges that PAULA DAWN REDO on the 4th day of January A.D. 1992, in the County and State aforesaid, did then and there operate a motor vehicle in willful and wanton disregard for the safety of persons or property in that said Defendant did drive at a high rate of speed disregarding a number of traffic control devices, contrary to F.S. 316.192. The incident was the subject of newspaper article published in the Metro Section of the Fort Lauderdale Sun-Sentinel on January 9, 1992. Because of the publicity surrounding the incident, Respondent was asked to transfer from the school at which she had been teaching before the incident (Western High School) to another school (Pines Middle School). Respondent agreed to the transfer, which was thereafter effectuated. She has remained on the instructional staff at Pines Middle School since the transfer. On August 8, 1994, after having discussed the matter with her attorney, Respondent entered a guilty plea to each of the counts of the information that had been filed against her in Broward County Circuit Court Case No. 92- 2200CF10A. Court records reflect that the plea was entered in Respondent's "best interest." 1/ Respondent was adjudicated guilty of the crimes alleged in Counts IV through VI of the information and sentenced to time served (three days in jail) for having committed these crimes. With respect to the crimes alleged in Counts I through III of the information, adjudication of guilt was withheld and Respondent was placed on two years probation. To date, Respondent has conducted herself in accordance with the terms and condition of her probation.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Commission enter a final order finding Respondent guilty of the violations of subsection (1) of Section 231.28, Florida Statutes, alleged in the Administrative Complaint and disciplining her for having committed these violations by suspending her teaching certificate for a period of 60 days and placing her on probation, subject to such terms and conditions as the Commission may deem appropriate, for a period of one year following the end of the suspension. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 11th day of December, 1995. STUART M. LERNER 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 11th day of December, 1995.
