The Issue Whether cause exists for the Petitioner's proposed termination of the Respondent's employment as a bus driver for alleged inappropriate conduct with a student.
Findings Of Fact At all times material to this case, Respondent Howard Jessie (Respondent) was employed as a bus driver by the Pinellas County School Board. On an unidentified day during the first semester of the 1993-1994 school year, the Respondent was observed fraternizing on campus with several Pinellas Park High School students. The Respondent was tossing a football with students in an area which was "off-limits" to students. A female student identified herein as T.C. was present. A school resource officer approached the Respondent, and informed him that the area was off-limits to the students and that it was not appropriate for him to socialize with students at that time. The Respondent informed the officer that he was a bus driver and his association with students was not inappropriate. On a later unidentified day during the first semester of the 1993-1994 school year, the school's assistant principal observed the Respondent walking with T.C. in the "mall" area of the high school campus. The assistant principal instructed the Respondent to cease fraternizing with students. On a third day during the first semester of the 1993-1994 school year, the assistant principal observed the Respondent standing near the school bus area and speaking with several students including T.C. The assistant principal contacted a supervisor at the school board's transportation department and informed him of the Respondent's behavior. Upon receiving the phone call from the assistant principal, the supervisor summoned the Respondent to his office and directed the Respondent to cease his association with the students. The Respondent agreed to refrain from having further contact with the students. On or about January 10, 1994, the school resource officer observed the Respondent and T.C. standing on campus next to a parked school bus, and watched as the Respondent kissed T.C. on her cheek. The student did not appear to resist the kiss. The officer reported his observations to the assistant principal who contacted another transportation supervisor and requested that the Respondent be removed from his employment as a bus driver at Pinellas Park High School. The Respondent was called to a meeting with the administrator of the School Board's Office of Professional Standards. During the discussion of the matter, the Respondent admitted that he had hugged and kissed T.C. on campus. During the discussion, the Respondent also admitted that he and the student had engaged in oral sex in January, 1994. By letter of March 3, 1994, the Respondent was notified that he was suspended with pay and that the superintendent would recommend dismissal to the school board at the meeting of March 23, 1994. A number of stories related to this matter have appeared in the local press, including the March 18, 1994 issues of the St. Petersburg Times and the Tampa Tribune. Engaging in sexual activity with a student is conduct serious enough to impair the Respondent's effectiveness in the school district and to bring the service of the School Board of Pinellas County into disrepute.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that the Lee County School Board enter a Final Order terminating the employment of Howard Jessie. DONE and RECOMMENDED this 21st day of November, 1994, in Tallahassee, Florida. WILLIAM F. QUATTLEBAUM 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 21st day of November, 1994. APPENDIX TO RECOMMENDED ORDER, CASE NO. 94-1876 The Respondent did not file a proposed recommended order. The following constitute rulings on proposed findings of facts submitted by the Petitioner. The Petitioner's proposed findings of fact are accepted as modified and incorporated in the Recommended Order. COPIES FURNISHED: Dr. J. Howard Hinesley, Superintendent School Board of Pinellas County P. O. Box 2942 Largo, Florida 34649 Keith B. Martin, Esquire Pinellas County School Board P.O. Box 2942 Largo, Florida 34649 Mr. Howard Jessie 15695 Waverly Street, Apartment 2 Clearwater, Florida 34620
Findings Of Fact Respondent, Moses Green, holds Florida Teaching Certificate No. 232099, Graduate, Rank II. He served as dean of students at Boca Ciega School during the 1976-1977 school year. Thereafter he was reassigned as one of three deans of students at Pinellas Park High School, and he served in this capacity during the 1978-1979 school year. Moses Green has been in the field of education since his graduation from Florida A & M University more than 21 years ago. After teaching several years in South Carolina and Georgia he came to Boca Ciega High School in Pinellas County in 1964 where he started as a teacher. He served as dean of students at Boca Ciega High School from 1974 until 1977 when he was transferred to Pinellas Park High School as a dean of students. In October 1976 enroute from his home to school in a vehicle described both as a van and a motor home, Respondent stopped to give a ride to Jacqueline Blackshear and Stephanie Bellamy, two ninth grade students at Boca Ciega High School. When they entered the van Jackie sat on the housing covering the engine between the two front seats facing the rear of the van and Stephanie sat in the front right-hand passenger's seat. Enroute to school Respondent commented that Jackie was growing up and placed his hand on the inside of Jackie's thigh. At the time, Jackie was enroute to school for cheerleader practice and was wearing shorts. Jackie looked and moved towards Stephanie and Respondent removed his hand. Before arriving at school Respondent again placed his hand on Jackie's thigh and removed it when she moved. Upon arrival at school Respondent told Stephanie to get out as he wanted to talk to Jackie. When Stephanie left the van, Respondent was standing facing Jackie whose back was to the closed door. Respondent grabbed Jackie and attempted to kiss her. She pushed away, opened the door and left the van. When she left the van, Jackie was upset and Stephanie suggested she tell her parent. Near noontime Jackiie went to Gail Weston, a physical education teacher at Boca Ciega High School and told her about the incident in Respondent's van. Stephanie accompanied Jackie on this visit. Ms. Weston described Jackie as nervous and upset. After a few minutes of conversation Ms. Weston realized that it was not something she could handle and she told Jackie and Stephanie that they needed to tell their story at the Dean's office and she took them to Jean Johnson, a dean of students at Boca Ciega High School. There both girls told their story to Ms. Johnson who prepared a statement for them to sign. The story repeated to Ms. Johnson was essentially the same told to Ms. Weston. After typing up their statements, Ms. Johnson told Mr. Demps, the principal. He had the girls brought to him, where the story was again repeated. Demps called Respondent in and confronted him with the story. He also advised his area superintendent and the director of personnel, who investigated the allegations made by these two girls. Demps also arranged for a meeting with Jackie's and Stephanie's parents the following day. Following the investigation, Green, on October 19, 1976 was issued a letter of reprimand (Exhibit 1) for his role in the events that had come to the school's attention regarding the two girls noted above and warned that a recurrence of such conduct would result in dismissal. By letter dated 9 November 1976 Respondent was sent another letter (Exhibit 2) regarding a reported and inappropriate remark made by Green to another female student, which Respondent had denied, and the letter suggested Respondent and the girl take lie detector tests. By letter dated December 29, 1976 (Exhibit 3) the Superintendent of Schools advised Respondent that the results of the polygraph test he had voluntarily taken indicated his answers were deceptive, while the girl's polygraph test indicated her responses were honest. Respondent was placed on probation for the remainder of the 1976-1977 school year and for all of the 1977-1978 school year. Although his principal at Boca Ciega High School, Mr. Demps, considered Respondent's effectiveness at Boca Ciega High School seriously impaired by the notoriety given to the events involving Respondent in 1976, he remained at Boca Ciega High School for the remainder of that school year. For the school year 1977-1978 Respondent was transferred to Pinellas Park High School as dean of students. Upon his transfer to Pinellas Park High School, Demps gave Respondent a good evaluation report. During Respondent's first year at Pinellas Park High School, no incidents were reported to form the basis of any of the charges here considered. This school year 1977-1978 included the probation period set by Exhibit 3. The school year 1978-1979, while Respondent was dean of students at Pinellas Park High School, produced the majority of complaints and testimony at this hearing regarding improper comments made to female students by Respondent, improper contact of a sexual nature with female students by Respondent, and corroboration of this testimony by other witnesses. Ten female students who attended Pinellas Park High School during school year 1978-1979 testified against Respondent regarding incidents between Respondent and these students of a sexual nature. Some of these incidents involved contact or attempted contact such as hugging, kissing or attempting to kiss, touching breasts or attempting to do so, and rubbing the front of his body against students' backsides when passing them when adequate room for passing without contact existed. Several testified to improper comments made to them by Respondent such as "You have a nice set of tits," "I'd like to get in your pants," "You have a nice pair of legs," "Why don't we go to a motel," "You drive an old man crazy," "You have a nice butt and look good in those pants," "One of these days it's going to be you and me," and similar comments regarding female students' anatomy. Much of this testimony was corroborated by other witnesses who overheard the remarks or observed the bodily contact. Additionally, some of the witnesses had complained to their parents or to other faculty members shortly after the incidents. Others first came forward with their complaints when they learned the police were investigating Green's conduct at the school and they became convinced their isolated incidents wouldn't appear unbelievable. Some of these students tolerated and perhaps encouraged the comments to provide them leverage to insure a cover-up for numerous "skips" of classes. Some of these witnesses skipped classes without punishment due to Respondent's position as dean and to whom their infractions were referred. Respondent denied each and every testimonial utterance of misconduct on his part while admitting the situation described by the witnesses, in which the improper actions of Respondent were said to have occurred, were real. During his testimony Respondent referred to school records which would corroborate his testimony, but he made no effort to produce these records or to account for their non-production. Respondent was subjected to three criminal trials on charges stemming from allegations of fact similar to those testified to in these proceedings. He was acquitted on charges alleging battery and false imprisonment and convicted of the offense of attempting to contribute to the delinquency of a minor. Those trials resulted in considerable publicity and the allegations became well-known throughout the Pinellas County School System. Several witnesses testified that Respondent's effectiveness in the Pinellas County School System was totally destroyed by virtue of the notoriety gained by Respondent due to this adverse publicity.
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received and the entire record compiled herein, I hereby make the following Findings of Fact: The Pinellas Vocational Technical Institute is operated by the School Board of Pinellas County, Florida and consists of the Police Academy and the Pinellas Corrections Academy. The Corrections Academy and the Police Academy are housed in separate buildings and offer different curriculum and degree programs, although certain faculty and staff members are shared. Students enrolled at the Police Academy or Corrections Academy are usually employed by a police department. The employer police department serves as the sponsoring agency for the student at the Academy. While employed with the Pinellas County Sheriff's Department, the Petitioner, a black male, was enrolled in Class XI at the Corrections Academy. The Petitioner was removed from his class at the Corrections Academy on December 3, 1984 by Mr. Paul Drolet, the instructor and class coordinator. The Petitioner was subsequently discharged from the Academy by Mr. Mario Vitelli, the Assistant Director. On December 3, 1984, Mr. Drolet called roll in class and discovered that a white female student, Donna Harper, was not in her assigned seat. Mr. Drolet asked Ms. Harper why she was not in her assigned seat. Ms. Harper, who had been sitting next to the Petitioner, stated that she was annoyed by the Petitioner and the things that he was doing. Ms. Harper complained that the Petitioner constantly annoyed and bothered her. Ms. Harper stated that the Petitioner constantly opened and closed his briefcase during class and generally displayed a disinterested attitude. This apparently disturbed Ms. Harper. Ms. Harper also complained that the Petitioner's legs and knees were constantly touching hers because he would spread his legs real wide and have them over on her space. The class had been in session for approximately six days and Ms. Harper complained that the Petitioner's actions had been going on since the beginning of class. After Ms. Harper informed Mr. Drolet of Petitioner's actions, he requested that she give a statement to her sponsoring employer, the Hillsborough County Police Department. After Ms. Harper gave her statement, Mr. Drolet called the Petitioner out of class and asked whether or not the Petitioner wanted to talk about the allegations. The Petitioner stated "I didn't do it, and I have nothing to say". Later, Mr. Drolet informed Petitioner that he was being withdrawn from the class. The Petitioner had been enrolled in the previous class (class IX) at the Corrections Academy. While in class IX, the Petitioner was late to class on several occasions, was found in the Police Academy building (students in the Corrections Academy are not allowed to go into the Police Academy building without permission) and was caught using the non-public telephone at the academy for personal reasons. The Petitioner's major disciplinary problem while in class IX was a complaint made against him by Tia Throckmorton, a white female student. Ms. Throckmorton complained to Larry Wagner, the class coordinator, about a series of events involving the Petitioner. Ms. Throckmorton complained that on one occasion, after the class was shown a .22 caliber gun that a female inmate had attempted to smuggle into a local jail by hiding it in her vaginal area, the Petitioner told Ms. Throckmorton that she could probably hide a .38 caliber gun in her vaginal area. Ms. Throckmorton also complained that during class breaks, the Petitioner would constantly touch her on the shoulders and neck, even after she would pull away to demonstrate that she did not want to be touched. On another occasion at the firing range, the Petitioner stood behind Ms. Throckmorton and squeezed next to her in a "grinding" fashion even though there was plenty of space to pass by. Subsequent to that, the Petitioner attempted to follow Ms. Throckmorton home one day after class. Following this last incident, Ms. Throckmorton decided to complain. The administration of the Corrections Academy, through Mr. Larry Wagner, informed the Pinellas County Sheriff's Department of the complaint by Tia Throckmorton. Upon receiving the information concerning Ms. Throckmorton's complaint, the Sheriff's office withdrew the Petitioner from the Corrections Academy and conducted an internal affairs investigation into the incident. The internal affairs investigation resulted in a finding that there was insufficient evidence to either prove or disprove the allegations of Ms. Throckmorton. Thereafter, the Sheriff's office re-enrolled the Petitioner at the Corrections Academy for the next class. Due to a large number of students entering the Corrections Academy in the next term, the administration decided to operate two separate classes simultaneously, numbered X and XI, with Larry Wagner and Paul Drolet as the respective class coordinators. Due to the prior problems that Petitioner had experienced in Wagner's class, Wagner suggested to Drolet that the Petitioner be placed in class XI, so that Petitioner would feel less stigmatized by his previous withdrawal. Drolet agreed, and the Petitioner was assigned to class XI. While in class XI, and prior to the complaint against Petitioner by Ms. Harper, Mr. Drolet had experienced problems with the Petitioner. On several occasions, the Petitioner fell asleep in class, including a class on unarmed self-defense. On another occasion, the Petitioner wore a utility uniform to class after the students had been specifically instructed to wear their dress uniforms. The Petitioner had also been enrolled in a previous class at the Police Academy. While at the Police Academy, the Petitioner fell asleep on several occasions, and wore an improper uniform on at least two occasions. The Petitioner graduated from the Police Academy on January 3, 1984 with an overall rating of "poor" and the lowest grade average of all students in his graduating class. After Ms. Harper made her complaint against the Petitioner, Mr. Drolet considered the Petitioner's past performance and complaint record at the Pinellas Vocational Technical Institute and recommended to Mr. Vitelli, the Assistant Director, that Petitioner be withdrawn from the academy. Mr. Vitelli instructed Drolet to question the Petitioner about the incident. When Drolet questioned the Petitioner, the Petitioner stated that he didn't do anything and that he had nothing to say. Based on the Petitioner's past record of complaints and discipline problems, and on Petitioner's response to the latest complaint, Mr. Vitelli discharged the Petitioner from the Academy on December 3, 1984. Vitelli explained to Petitioner his right to appeal his dismissal from the Academy to the Director of the Pinellas Vocational Technical Institute, to the Director of Adult Education and to the Superintendent of the School Board of Pinellas County. The Petitioner did not avail himself of any of these direct appeals. The Pinellas County Sheriff's office initiated an internal affairs investigation into the complaint made by Donna Harper, which was scheduled to commence on December 5, 1984. On December 5, 1984, the Petitioner resigned from the Sheriff's office. In classes I through XV at the Corrections Academy, a total of 15 different students were withdrawn for disciplinary reasons, 4 of whom were minorities. During the same period, 56 minority students entered the Corrections Academy.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered dismissing the complaint and the Petition for Relief filed by Mr. Jeffrey C. Harris. DONE and ORDERED this 27th day of March, 1987 in Tallahassee, Florida. W. MATTHEW STEVENSON, 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 27th day of March, 1987. COPIES FURNISHED: Bruce P. Taylor, Esquire School Board of Pinellas County Post Office Box 6374 Clearwater, Florida 33518 Jeffrey C. Harris 2805 West Horatio Street Tampa, Florida 33619 Miles A. Lance, Esquire Post Office Box 4748 Clearwater, Florida 33518-4748 Community Relations Board City of Clearwater Post Office Box 4748 Clearwater, Florida 33518-4748 Pinellas Vocational Technical Institute 6100 154 Avenue, North Clearwater, Florida 33520 APPENDIX The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties to this case. Rulings on Proposed Findings of Fact Submitted by the Petitioner Rejected as a recitation of testimony. a. Rejected as contrary to the weight of the evidence. Rejected as contrary to the weight of the evidence. Partially adopted in Finding of Fact 8. Matters not contained therein are rejected as subordinate and/or misleading. a. Rejected as contrary to the weight of the evidence. Rejected as a recitation of testimony. Partially adopted in Finding of Fact 18. Matters not contained therein are rejected as contrary to the weight of the evidence and/or subordinate. Partially adopted in Findings of Fact 5 and 8. Matters not contained therein are rejected as subordinate and/or misleading. Rejected as contrary to the weight of the evidence and/or subordinate. Rulings on Proposed Findings of Fact Submitted by the Respondent Adopted in Finding of Fact 1. Adopted in Finding of Fact 1. Adopted in Finding of Fact 2. Adopted in Finding of Fact 26 Adopted in Finding of Fact 26. Adopted in Finding of Fact 19. Rejected as subordinate. Adopted in Finding of Fact 19. Rejected as subordinate. Adopted in Finding of Fact 19. Adopted in Finding of Fact 19. Rejected as subordinate. Adopted in Finding of Fact 19. Adopted in Finding of Facts 10 and 18. Rejected as subordinate. Adopted in Finding of Fact 10. Adopted in Findings of Fact 11 and 12. 18. Adopted in Finding of Fact 4. 19. Adopted in Finding of Fact 13. 20. Adopted in Finding of Fact 14. 21. Adopted in Finding of Fact 15. 22. Adopted in Finding of Fact 16. 23. Adopted in Finding of Fact 17. 24. Adopted in Finding of Fact 18. 25. Rejected as subordinate. 26. Adopted in Finding of Fact 18. 27. Adopted in Finding of Fact 5. 28. Adopted in Finding of Fact 6. 29. Adopted in Finding of Fact 20. 30. Adopted in Finding of Fact 21. 31. Adopted in Finding of Fact 22. 32. Rejected as subordinate. 33. Rejected as subordinate. 34. Adopted in Finding of Fact 24. 35. Adopted in Finding of Fact 24. 36. Adopted in Finding of Fact 25.
