The Issue The issue is whether Respondent made inappropriate comments and behaved inappropriately with his tenth grade students, so as to be guilty of gross immorality or an act involving moral turpitude, in violation of Section 1012.795(1)(c), Florida Statutes (2003); failing to maintain his primary professional concern for the student and the development of the student's potential and failing to exercise the best judgment and integrity, in violation of Florida Administrative Code Rule 6B-1.001(2); failing to maintain the respect and confidence of his colleagues, students, parents, and other members of the community and failing to achieve and sustain the highest degree of ethical conduct, in violation of Florida Administrative Code Rule 6B-1.001(3); failing to make a reasonable effort to protect his students from conditions harmful to learning or the students' mental or physical health or safety, in violation of Florida Administrative Code Rule 6B-1.006(3)(a); intentionally exposing a student to unnecessary embarrassment or disparagement, in violation of Florida Administrative Code Rule 6B-1.006(3)(e); harassing or discriminating against a student due to race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and failing to make reasonable effort to assure that each student is protected from harassment or discrimination, in violation of Florida Administrative Code Rule 6B-1.006(3)(g); and exploiting a relationship with a student for personal gain or advantage, in violation of Florida Administrative Code Rule 6B-1.006(3)(h). If Respondent is guilty of any of these charges, an additional issue is the penalty that should be imposed.
Findings Of Fact Respondent holds Florida Educator Certificate 263775, which covers the areas of health education, biology, and physical education. His certificate is valid through June 30, 2005. Respondent has taught for nearly 40 years. Since 1984, Respondent has taught continuously at Miami Coral Park Senior High School, where he teaches biology and health. Respondent jokes in class and sometimes banters with his students. One day early in the school year, when students were discussing their ethnic backgrounds, Respondent asked M. Z., a tenth grade student, about her background, and she replied that she was Cuban. M. Z.'s last name is a name traditionally associated with other ethic groups, so, when he heard the student state that she was Cuban, Respondent replied, "Oh, yeah, I can see you're Cuban." By this comment, Respondent was attempting to make a joke along the lines that M. Z.'s last name did not suggest that her background was Cuban. M. Z., who did not offer much detail about the incident, did not feel embarrassed by the comment itself, but felt embarrassed by what she believed to be Respondent's gaze at her buttocks as he uttered his reply. Respondent claims not to have looked at M. Z.'s buttocks when he made the comment. Two student witnesses who heard the exchange testified that Respondent did not look at M. Z.'s buttocks when he made his joke. It is possible that M. Z. mistakenly believed that Respondent was looking at her buttocks when he spoke. It is impossible to find by clear and convincing evidence that Respondent was looking at M. Z.'s buttocks when he attempted his joke. M. Z. testified that Respondent directed the female students to make the coffee, but admitted that he never explained why he did so. However, the record fails to establish that Respondent required any students to make coffee. M. Z. testified that she was making coffee in the classroom when Respondent opened a door to the coffee-making area and said, "Now I have you in the back room." M. Z. testified that this comment made her feel uncomfortable. Again, though, M. Z. provides little detail about the incident, and her demeanor did not suggest that the matter was of importance to her. The record suggests that Respondent was trying, again unsuccessfully, to establish some joking rapport with this student. He was not sexually harassing her, and M. Z.'s transient embarrassment quickly passed. M. Z. testified that Respondent sang a once-popular song, "Sugar, Sugar, Honey, Honey," but substituted "horny, horny" for "honey, honey." The record does not support this testimony. Respondent admits singing the song, but denies changing the lyrics. It is impossible to find whether Respondent sang the song and changed the lyrics. M. Z. testified that she did not recall any other comments and admitted that Respondent was "probably" joking around when he made the comments that he did. She testified that she did not recall Respondent saying anything about her parents' names. M. Z. remained in Respondent's class only a couple of weeks, at which time the school transferred her out of Respondent's class at the request of M. Z.'s parents. The possibility arises that M. Z.'s embarrassment at Respondent's attempts at humor was a factor in her transfer. However, M. Z. provided little basis to support such a reason. M. Z. was mainstreamed into Respondent's regular-education class, and transition issues could have as easily been a factor in M. Z.'s need to try a different classroom. Again, it is impossible to determine that Respondent's poor attempts at establishing a joking rapport with M. Z. were a material cause in her transfer out of his class. M. A. did not testify. However, Respondent testified that he and a male student entered a bookroom and found her and a chemistry teacher present. Respondent testified that he stated to the male student, evidently so as to be heard by M. A., "we've got her now." However, Respondent testified that M. A. and the male student took the comment as a joke. As for the allegation about the hand, palm up, on the stool, Respondent testified only that he touched the top of a stool, gesturing to M. A. to come up to his desk, sit down, and spell her name for him. As described by Respondent and his student witnesses, Respondent in the classroom is a "grandfatherly" figure who develops a joking rapport with the students. One student described him as the best teacher that she had ever had. An especially credible student witness called by Respondent, N. A., testified that a school administrator investigating this matter said to her that, if she ever changed her mind about what she had observed about Respondent in the classroom, he might help her with her grades. On the other hand, another especially credible student witness called by Petitioner, J. C., testified that she did not know how to react to Respondent's classroom banter. Evidently backing off earlier statements, J. C. testified that she "knew him better now" and understood that Respondent had no bad intentions in his remarks. The record establishes two comments by Respondent-- both to the effect that he had a female student where he wanted her, when he found her in a small room. Although the circumstances surrounding these comments clearly preclude a finding that Respondent was literally threatening a sexual assault upon these students, such humor is inappropriate. Respondent's sense of humor obviously requires some thoughtful students, such as J. C., to take time to gain the measure of his comments--a process that M. Z. apparently undertook also, after she transferred out of Respondent's class. Perhaps most students can view Respondent's humor as they probably view his musical taste--dated, but consistent with the obvious fact that two generations separate the grandfatherly Respondent from his students. However, Respondent's professional obligations extend to all of his students, not merely those students who are capable of adjusting to his sense of what is funny. As already noted, though, the record fails to establish by clear and convincing evidence the material allegations of the Administrative Complaint.
Recommendation It is RECOMMENDED that the Education Practices Commission enter a final order dismissing the Administrative Complaint. DONE AND ENTERED this 10th day of December, 2003, in Tallahassee, Leon County, Florida. S ROBERT E. MEALE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 10th day of December, 2003. COPIES FURNISHED: Kathleen M. Richards, Executive Director Florida Education Center Department of Education 1244 Turlington Building 325 West Gaines Street, Room 224-E Tallahassee, Florida 32399-0400 Daniel J. Woodring, General Counsel Department of Education 1244 Turlington Building 325 West Gaines Street Tallahassee, Florida 32399-0400 Marian Lambeth, Program Specialist Bureau of Educator Standards Department of Education 1244 Turlington Building 325 West Gaines Street, Room 224-E Tallahassee, Florida 32399-0400 Mark Herdman Herdman & Sakellarides, P.A. 2595 Tampa Road, Suite J Palm Harbor, Florida 34684 Charles T. Whitelock Whitelock & Associates, P.A. 300 Southeast 13th Street Fort Lauderdale, Florida 33316
The Issue The issue in the case is whether the Respondent's employment with the Sarasota County School System should be terminated.
Findings Of Fact At all times material to this case, the Respondent George H. Lewis was employed as a teacher by Petitioner Sarasota County School Board. The Petitioner initially hired the Respondent in October of 1987. During his employment with the School Board, the Respondent has at various times worked as a teacher and as a guidance counselor. Although during the hearing, there was testimony of minimal competence by some witnesses, the Respondent's performance evaluations were all within an acceptable range. Leslie Bachtel is employed by the Petitioner as a teacher. During the 1990-1991 school year, Ms. Bachtel worked at the Venice Middle School, where the Respondent was also employed. On one occasion during the 1990-1991 school year, the Respondent became angry and aggressive towards Ms. Bachtel as they passed in a school courtyard. The Respondent walked towards Ms. Bachtel, stating "you're a fucking bitch," and grabbed her arm with sufficient force to leave an impression on the arm. Students were in the courtyard at the time of the aggression. Ms. Bachtel immediately reported the event to the school principal. According to the testimony of Ms. Bachtel, within an hour, the Respondent confronted Ms. Bachtel's daughter, a Venice Middle School student, in a similar manner. During the 1990-1991 school year, the Respondent received a written reprimand for use of profanity in the presence of administrators, teachers, and students. During the 1994-95 school year, Ms. Bachtel was assigned to an alternative school program ("IDEAL") where the Respondent was also employed. Towards the beginning of the school year, the Respondent confronted her in her classroom and stated that he thought he'd "gotten over it but I haven't," that he would "get even" with her, and that he "hated" her. Ms. Bachtel reported the situation to the school principal. Ms. Bachtel is unaware of the reason for the Respondent's behavior towards her. The Respondent began working at the Wilkinson Elementary School during the 1995-1996 school year. Theresa Hand, a teacher of students with varying exceptionalities, is married and has two children. She first met the Respondent during the summer of 1996 when daughters from each family participated in Asolo Theatre ballet classes. The families became friendly. The daughters became, and continue to be, friends. When Ms. Hand began teaching at the Wilkinson Elementary School, the Respondent was employed there as a guidance counselor. The Respondent and Ms. Hand interacted frequently, as he also did with Ms. Hand's teacher's aide. The Respondent became infatuated with Ms. Hand. He told the aide of his feelings. The aide eventually told Ms. Hand of the situation. By that time, even though the Respondent had not directly spoken to her about the infatuation, Ms. Hand was already aware of his feelings. Eventually, the Respondent confessed his feelings to Ms. Hand during a car ride after a "going-away" party for a colleague. Ms. Hand reminded him that she was married, and that "it wouldn't work out." He appeared to accept her statement. Ms. Hand assumed the matter was resolved. Thereafter, the Respondent was transferred to another school. After his transfer, Pat Fink, a teacher at Wilkinson Elementary, ran into the Respondent in a music store. During their conversation, the Respondent told Ms. Fink of his continuing infatuation with Ms. Hand, and admitted he'd discussed his infatuation with Ms. Hand's daughter, who'd been in ballet classes with his own daughter. The next day, Ms. Fink contacted Ms. Hand to advise her of the situation. According to the testimony of Erica Hand, Ms. Hand's daughter, Erica had a new car and went to the school to meet with friends. The Respondent approached her and she offered him a ride in her car. They rode in the car for approximately 15 minutes during which he told her he was "in love" with her mother. She testified she told the Respondent "that was crazy." When she returned home, she told her mother about the Respondent's remarks. She opined that her mother appeared to be aware of the situation. Soon thereafter, Ms. Hand and her husband composed a letter detailing the situation and suggesting that some action was necessary to protect both the Hand family and the Respondent. Mr. Hand signed the letter, dated October 18, 1998, and sent it to school officials. During the 1998-1999 school year, the Respondent taught at Venice High School. Elizabeth Villares was also teaching at Venice High School and was assigned to teach the same classes as those assigned to the Respondent. One Friday, towards the end of October 1998, the Respondent asked to meet with Ms. Villares after school. She agreed to meet with him. During the meeting, he told her he was divorcing his wife and wanted to initiate a relationship with Ms. Villares. He spoke of sexual matters to her in Spanish. He told her he was "passionate" and "virile" and had "a lot to offer." Ms. Villares was very uncomfortable and spoke little during the conversation. Someone eventually entered the room during the conversation to advise her of a phone call. She left to take the call and did not return. The next day, she advised her department chairman of the situation and then made efforts to avoid contact with the Respondent. One of the classes the Respondent was assigned to teach during the fall of 1998 was economics. According to the testimony of students, the Respondent rarely taught economics. Students testified that the Respondent spent much of the class time talking about himself. He gave no tests to the class. He used profanity frequently. The Respondent told the class that he did not "like" them, and that people who were not "liked" in life would "fail." Some students were forced to do "push-ups" as punishment. He refused to permit some students to use the restroom during the 80-minute long class. He criticized students and disparaged their abilities. He used class time to discuss various methods to kill people. He became physically aggressive towards one student, and challenged others. One student testified that the Respondent complained her work was unreadable and would refuse to grade it. She began to type her work, but he still refused to grade it. Other students testified that they got other grades, but did not know how the grades were assigned. The school principal received a steady stream of complaints from students, parents, and other teachers about the Respondent's behavior. On October 6, 1998, the principal met with the Respondent to address numerous concerns regarding the Respondent's behavior. A four-page memorandum dated October 8, 1999, reflects the discussions conducted during the meeting and sets forth the "consensus" plan to address the specific concerns. The consensus plan includes visiting another social studies teacher at another site, sharing lesson plans with administrators, "use other department members to prioritize . . . curriculum," working to "mend . . . fences" with students, and writing discipline referrals for appropriate "behavior consequence." The principal also drafted a "Memorandum of Understanding" dated October 14, 1998, to follow up on the meeting of October 6. The memo identifies further classroom procedures to be followed by the Respondent and states as follows: There will be no profanity in classes or on the campus. The touching or "poking" of students will stop. Shadowboxing will not occur. Unreasonable punishments will not be allowed, i.e., dunce caps, push-ups. Student intimidation must stop, i.e., name calling and ridiculing. On October 13, 1998, after the October 6 conference but before the October 14 memo was drafted, Carl Williams, an aide at Venice High School, was taking the Respondent for a ride around campus in a golf cart. A student, Logan Rodgers, approached the cart and attempted to shake hands or "high five" the Respondent, who was apparently not amused. The Respondent told Mr. Rodgers to "stand at attention." Mr. Rodgers placed his hand on the Respondent's right knee. The Respondent pushed off Mr. Rodger's hand saying "What are you, a fucking faggot? If you touch me again, I'll crush your fucking skull." The student walked away from the situation and reported the incident to the principal. On October 15, 1998, the school principal met with the Respondent to discuss the Logan Rogers incident. The Respondent did not deny that the event had occurred. The Respondent was thereafter relieved of his duties at Venice High School. Teachers are required to maintain grade books. When the Respondent was relieved from teaching at Venice High School, school authorities requested that the Respondent provide his grade book so that students could receive grades for the classes. Although the Respondent provided attendance sheets, he failed to provide a grade book. The lack of a grade book posed a problem for school administrators who had no information by which to assign grades to students who had been taught by the Respondent. Eventually, students received grades based on their performance during the second half of the school year or based on the decision of a "grade challenge" committee process. The Respondent asserts that he left his grade book lying against the doorway to the principal's secretary's office. The assertion is not supported by credible evidence and is rejected. At some point prior to November of 1998, Ms. Fink again ran into the Respondent, this time in a craft supply store. The Respondent explained he'd discovered he had Native American heritage and was buying feathers to create a headdress. He also disclosed that Ms. Hand had filed a complaint against him, and that he was going to sue the School Board. On November 13, 1998, the Respondent arrived at the offices of the School Board, bare-chested, dressed in brown slacks, a beaded vest, numerous necklaces, and an "indian" headband trailing feathers. He walked unchallenged into the office of the startled superintendent. Persons outside the office immediately became concerned about the situation, and began to seek assistance from other School Board administrators. Several School Board employees entered the superintendent's office and, at the superintendent's request, took seats and remained there during the incident. The Respondent's speech during the event was described as rambling. He discussed a variety of topics, including his past experiences, teaching terrorists in Latin America, strip clubs, playing professional football, becoming a filmmaker and receiving his paycheck. He also expressed his concern about his treatment by the school system. He stated that he wanted his contract bought out for the years remaining until he was able to retire. He advised that if the School Board did not respond to his demand, he would go to "the media" with unidentified allegations regarding the school system. Persons in the superintendent's office attempted to end the meeting several times but were unable to stop the Respondent's conversation. Eventually, they prevailed on the Respondent to allow the superintendent to attend another meeting, at which time the Respondent left the office and exited the building. As a result of the incident, the School Board enacted additional security measures to prevent unauthorized entry into the facility. Several days later, the Respondent returned to the School Board offices to retrieve his paycheck. At that time, he met with William Delp, an assistant superintendent, and asked Mr. Delp whether the superintendent had decided to comply with his request to have his contract "bought out." There is no evidence that the School Board agreed to any demand. On November 20, 1998, the Respondent went to Booker High School, again wearing the headdress. He talked to a number of students collected near the school theatre. He described "death moves" he'd learned as a trainer for the Dominican Republic's "special service." He demonstrated some of the moves on the students who were listening to him. He told the assembled students he was working as a "bouncer" at a local bar, and about how he'd broken the gold chain necklace of a customer who spoke back to a security officer at the bar. He also told the students about a recent sexual encounter, stating "I love to fuck; God, I love to fuck." The Respondent does not dispute much of the evidence related to his behavior. According to the testimony of the Respondent, he suffers from bipolar disorder. Other than the testimony of the Respondent, there is no evidence that the Respondent suffers from bipolar disorder. Bipolar disorder can produce a broad range of emotional instability and can result in inappropriate behaviors. The evidence establishes that the behaviors associated with bipolar disorder can be controlled through the continued administration of medication. According to the Respondent's testimony, the Respondent was prescribed such medication in 1997. The Respondent acknowledges that he has been noncompliant with the requirements of his treatment, and that he'd stopped taking the medication. He asserts that the behaviors that form the basis for the proposed termination of employment are the result of his discontinuation of the prescribed medication. There is no credible medical evidence that the specific inappropriate behaviors that form the basis for the proposed termination of the Respondent's employment are directly or indirectly related to bipolar disorder.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Sarasota County School Board enter a final order terminating the employment of George H. Lewis. DONE AND ENTERED this 18th day of November, 1999, in Tallahassee, Leon County, Florida. WILLIAM F. QUATTLEBAUM 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 18th day of November, 1999. COPIES FURNISHED: Robert K. Robinson, Esquire Bowman, George, Scheb, Toale & Robinson 22 South Tuttle Avenue, Suite 3 Sarasota, Florida 34237 Charles L. Scalise, Esquire Bogin, Munns & Munns 250 North Orange Avenue, 11th Floor Orlando, Florida 32802 Dr. Thomas H. Gaul, Superintendent Sarasota County School Board 1960 Landings Boulevard Sarasota, Florida 34231-3331 Michael H. Olenick, General Counsel Department of Education The Capitol, Suite 1701 Tallahassee, Florida 32399-0400 Honorable Tom Gallagher Commissioner of Education The Capitol, Plaza Level 08 Tallahassee, Florida 32399-0400
The Issue Whether Respondent's Professional Service Contract should be terminated for just cause based on actions constituting misconduct in office within the meaning of Section 1012.33, Florida Statutes (2004),1 and Florida Administrative Code Rule 6B-4.009.
Findings Of Fact The Board is the entity authorized to operate, control, and supervise the Charlotte County Public School System. Art. IX, §4, Fla. Const. and §1001.30, Fla. Stat. Mr. LaGrange began his employment with the Board in 1991. In January 2005, Mr. LaGrange began teaching a new Health Careers and Occupations class at Port Charlotte High School. The class was a vocational educational course for low- functioning students and consisted of about 20 ninth-grade students. A.V., N.M., T.B., S.B., N.H., and B.H. were students in this class. Sometime in either March or April 2005, Mr. LaGrange made an inappropriate remark about A.V.'s appearance. The incident happened near the end of the class, while A.V. was drawing on the board with her back to the students. Mr. LaGrange stated: "Look at A.V.'s cute little ass" or words to that effect. This remark greatly embarrassed A.V. As A.V. was leaving Mr. LaGrange's classroom on the day of the incident, she yelled to Mr. LaGrange that it was a disgusting and perverted comment for him to make in front of the entire class. Other students, including N.M., N.H., T.B., and B.H., heard Mr. LaGrange make the sexually inappropriate remark about A.V. Although each student's recollection of the incident may vary concerning the exact words that Mr. LaGrange used, the students all agreed that Mr. LaGrange made an inappropriate remark about A.V.'s backside in front of the class. Mr. LaGrange also made some inappropriate remarks to N.M. He told her that "If I have a wet dream about you, I won't tell you" or words to that effect. Mr. LaGrange's comments made N.M. feel uncomfortable and caused her to view Mr. LaGrange as "weird." T.B. also heard Mr. LaGrange make comments in class concerning wet dreams. A.M., a female student, would sometimes come into Mr. LaGrange's classroom, kneel beside the desk of S.B., a male student, and watch S.B. draw. S.B. heard Mr. LaGrange comment to A.M. to the effect that she liked to be on her knees for guys a lot. S.B. also heard Mr. LaGrange tell N.M. that "for somebody who is a schoolgirl, you know a lot about sex." S.B. felt that the remarks were perverted. On April 28, 2005, Mr. LaGrange referred A.V. and N.M. to a school dean, Matthew Wheldon, for excessive gum chewing. Gum chewing is a minor infraction and is normally allowed in classrooms other than Mr. LaGrange's class. Mr. Wheldon asked the girls how things were going in Mr. LaGrange's class, and they confided in him about the inappropriate remarks that Mr. LaGrange had been making in the classroom. Mr. Wheldon referred the matter to the assistant principal, and an investigation ensued, resulting in Mr. LaGrange being suspended. After reviewing the investigation report and being made aware of two other times that Mr. LaGrange had been disciplined, the Superintendent of Schools for the School Board of Charlotte County recommended to the Board that Mr. LaGrange be dismissed from his teaching position.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that the actions of Leonard LaGrange constitute just cause to dismiss him from his employment with the Charlotte County School Board, and terminating his Professional Services Contract. DONE AND ENTERED this 18th day of April, 2006, in Tallahassee, Leon County, Florida. S SUSAN B. HARRELL 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 18th day of April, 2006.
Findings Of Fact Respondent holds Florida teaching certificate 310395 covering the areas of biology and science. During the 1985-1986 school year, he taught ecology and science courses at Winter Park High School in the Orange County School District until he was relieved from duty on March 13, 1986, as a result of an investigation into the incidents and behavior described below. During the school day, Respondent repeatedly harassed the female students with sexual remarks, attempts at sexual humor, and requests for sexual favors and intimacies. The sexual harassment so permeated the classroom that Respondent was completely unable to discharge his professional teaching responsibilities. Faye Zentner was a senior at Winter Park High School during the 1985- 1986 school year. Notwithstanding the fact that Respondent knew that she was a student, he repeatedly asked her to go with him on a date, followed by dinner and bed. Unsolicited, he gave her his home telephone number and told her to call him. He frequently remarked on her clothing, advising her that she should not wear such nice clothes. He often communicated by notes that he would show her and then tear up. Ruth Evans was a senior at Winter Park High School during the 1985-1986 school year. She was in Respondent's science class. Respondent repeatedly complimented her on her dress. He would intentionally drop a pencil and watch her while she picked it up. At different times, Respondent told her that he "wanted her body" and thought that she had a "nice ass." He also told her that he wanted to "get between her legs." He asked her to go out with him and then to his place. One afternoon when Ms. Evans asked to leave class 10 minutes early for a school-sponsored softball game, Respondent's response was, "If you're not going to do anything for me, why should I do anything for you?" Kristen Fischer was a senior at Winter Park High school during the 1985-1986 school year. She was in Respondent's ecology class. Looking at her breasts and body while speaking, Respondent would frequently tell Ms. Fischer that he liked what he saw, including her tight jeans. As with the other female students, Respondent asked Ms. Fischer to go out with him and have a drink. The testimony of the remaining female students reiterated the above testimony and established a pattern of sexual harassment on the part of Respondent. Respondent summoned Juliana Gomes from the classroom and, in the hall, commented on her appearance and asked her out on dates. Ms. Gomes finally began reporting to school late in order to avoid her first-period class with Respondent. Respondent told jokes involving female body parts, such as the vagina, to Laurie Kreitner, another student. When she would not listen to these jokes privately at his desk, Respondent would tell them publicly to the entire class. Respondent regularly asked Sheila Buchanan, another of his students, what she was doing on that Friday night and where she would be. At spring break, he found out where she and her girlfriends would be staying at the beach and gave them his hotel room and telephone numbers with an invitation to call him. During the entire term in ecology, Respondent administered only one test and a couple of quizzes. Otherwise, the students and Respondent sat around and talked about movies and matters unrelated to the subject of the class. On more than one occasion, Respondent admitted that his grades were a reflection of whom he liked and whom he did not like. Respondent even allowed Ms. Buchanan to grade half of the finals, and she gave good grades to her friends.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that Respondent's teaching certificate be permanently revoked. ENTERED this 3rd day of May, 1989, in Tallahassee, Florida. ROBERT D. MEALE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 COPIES FURNISHED: Karen B. Wilde, Executive Director Education Practices Commission 125 Knott Building Tallahassee, Florida 32301 Martin Schaap, Administrator Professional Practices Services 319 West Madison Street, Room 3 Tallahassee, Florida 32399 J. David Holder, Esquire Rigsby & Holder Suite 200 1408 North Piedmont Way Tallahassee, Florida 32312 Reginald Crooms 617 South Delaney Avenue, No. 19 Orlando, Florida 32801
Findings Of Fact At all times relevant hereto, respondent, Erron L. Evans, was a student at Miami Norland Senior High School (MNSHS) in Dade County, Florida during school year 1986-87. The school is under the jurisdiction of petitioner, School Board of Dade County (Board). During the first half of school year 1986-87, Erron was a thirteen year old ninth grade student. He turned fourteen on January 1, 1987. Between September 17, 1986 and January 6, 1987 Erron was the subject of at least five student case management referral forms for disruptive conduct in class or on the school premises. These forms are used whenever a student is referred to the principal's office for disciplinary action. They are used sparingly and only when the conduct is so "extreme" as to warrant their use. Such forms related to incidents occurring on September 17, October 3 and 27 and December 4, 1986 and January 6, 1987. On September 17, Erron and R. W., another male student, became embroiled in a fight after Erron provoked R. W. by calling him names. The encounter was eventually broken up by a teacher, and Erron earned a ten-day suspension from school for his misconduct. On October 3, or the day when Erron returned from his suspension, Louis Allen, a teacher and football coach at MNSHS, was in his classroom during lunch hour when three students entered the class and placed their books on empty desks. When Allen told them they could not leave their books in the classroom during lunch hour, one student responded they did it regularly. Allen said that was not true for he had never seen them do it before. The same student responded "You're a Goddamned liar." Not knowing the identity of any of the students, Allen took the three to the assistant principal's office where he learned from one of the three that Erron was the student who had used the profanity. Erron then became hysterical, began screaming, and made physical threats upon Allen. Erron briefly left the office, but returned a few minutes later shouting obscenities. It should be noted that this entire episode took place in front of several teachers, students and school employees and had the effect of undermining the authority of Erron's superiors. After leaving the office once again, Erron went to the classroom where the student who had identified him was sitting. He "stormed" into the classroom and backed the student against the wall. The teacher was forced to call another teacher to remove Erron from the classroom. Erron received a ten-day suspension for this misconduct. On December 4, 1986, Erron was written up again on a student case management referral form for disruptive behavior while in the classroom. For this, he received punishment in the form of a work detail at school. The final incident occurred on January 6, 1987 when Erron attempted to start a fight with a female student but ended up fighting with another male student. After Erron was brought to the administrative assistant's office to discuss the incident, the assistant telephoned Erron's mother. Erron briefly spoke with his mother, started screaming on the telephone, and slammed the telephone down. He then told the assistant "Fuck you assholes, I'm leaving the whole damn school," and departed the premises. Erron was thereafter given a ten-day suspension from school beginning on January 7. During the fall of 1986, Erron's academic record was also poor. For the grading period ending November 6, 1986 he received four F's and two D's in his courses, and his conduct and effort were rated very poor. During this same period, he was absent from school at least fourteen days, many of which were due to disciplinary suspensions. It was further established that in one class (mathematics) Erron was generally unprepared and did not bring class materials. He was also argumentative with his teacher and interrupted the normal workings of the class. This interfered with the other students receiving an educational benefit from the instruction. On October 17, 1986, a child study team at MNSHS convened to discuss Erron's situation. After reviewing his performance, behavior and attendance, the team recommended that Erron be reassigned to an opportunity school. Erron and his mother were invited to attend this conference. Whether they did so was not disclosed. In any event, Erron was given notice of transfer by letter dated October 30, 1986. That prompted the instant hearing. It is presumed (but not known) that Erron is now attending Douglas MacArthur Senior High School-North, an opportunity school in Miami. 2/ For disruptive behavior, Erron was previously assigned to an opportunity school for the last few months of school year 1985-86. While there, he showed remarkable progress over his prior performance in the regular school program. Indeed, his grades were better than a B average during the final grading period, and his effort and conduct were very good. This record prompted the team and ultimately the Board to reassign Erron back to MNSHS for school year 1986-87. Erron's mother has been personally contacted by MNSHS personnel on a number of occasions regarding his conduct. In addition, several teacher-parent conferences have been held. Despite this parental contact, no improvement in Erron's grades or deportment has occurred.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Erron L. Evans be reassigned to Douglas MacArthur Senior High School-North. DONE and ORDERED this 13th day of February, 1987, in Tallahassee, Florida. DONALD R. ALEXANDER 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 13th day of February, 1987.
The Issue Whether the Respondent, Darrell Timothy Roundtree (Respondent), committed the violations alleged in the Administrative Complaint dated May 30, 2006, and, if so, what penalty should be imposed. The Respondent has denied any and all wrongdoing.
Findings Of Fact At all times material to the allegations of this case, the Respondent was a teacher employed by the Broward County Public School District. He was assigned duties as a physical education teacher during the 2003/2004 school year at Walker Elementary School. The Respondent holds a Florida Educator’s Certificate and is subject to the provisions of law governing the conduct and discipline of teachers within the state. The Petitioner is responsible to investigate and prosecute complaints against persons who hold Florida Educator’s Certificates who have allegedly violated provisions of law. In this case, the Petitioner filed a six-count Administrative Complaint against the Respondent following an investigation of charges that came from the Broward County School District. Although the allegations in the instant case are not the first disciplinary concerns regarding the Respondent, the instant charges, if proved, are sufficient to warrant disciplinary action against the Respondent's teaching certificate. Prior allegations against the Respondent resulted in a Letter of Concern being placed in his file based upon a claim that he had tweaked the nipples of a seven-year-old student. A second charge was not prosecuted due to the lack of cooperation by the alleged victim and his parent. The Respondent resigned his employment with the Broward County School District on September 16, 2005. The resignation followed an investigation into the conduct that is the subject matter of the instant proceeding. Sometime in 2003 the Respondent started a business for the purpose of providing male escorts. As depicted in this record, males hired through the Respondent's company were dispatched to parties or events and asked to dance and provide male companionship for the attendees of the party. Although prostitution was not the stated goal of the enterprise, it was not without possibility given the nature of the information describing the males. Pictures of the males were posted to the Respondent's website with listings as to sexual preference, age, and dimension of the males' anatomy. Although he initially denied involvement in the website, the record is clear the Respondent took pictures of partially nude males for the purpose of posting them on the website, SouthFloridaThugz.com. One of the males was a student in the Broward County GED program. The student, J. M., heard about the Respondent's business through a friend. A partially nude picture of J. M.'s friend was posted on the Respondent's website. According to J. M., the Respondent would take pictures of the males, post them for review, and schedule "parties" for the "clients" to attend. J. M. was scheduled to attend one such party. Based upon his conversation with the Respondent, J. M. expected to attend a party, dance nude for the attendees, and receive $300.00 for compensation. From that $300.00 J. M. expected the Respondent to receive a portion of the compensation. J. M. believed that the party would have women as well as men in attendance. J. M.'s friend had suggested that sometimes "safe sex" might occur. When he got to the party, J. M. was stunned to find that only men attended. He did not expect to be watched by gay men. He did not agree to that and insisted on leaving. He returned the $300.00 and told the Respondent he would not "do business" with him. Later J. M. went to authorities to file a complaint against the Respondent. J. M.'s complaint led to an investigation by the Broward County School District. Thereafter, the Respondent's school-issued computer was examined. The school-issued computer was used to access adult websites, chat sites, and other inappropriate sites. Petitioner's Exhibits 6 and 8 show a complete listing of the sites. The Respondent claimed that the computer use was not his, but such denial has not been deemed credible. After the matter was fully investigated by the Broward School District, it was determined that the Respondent had lost his effectiveness with the school system. The instant case was investigated and prosecuted over a period of time within which the Respondent and others gave multiple statements. The Respondent gave inconsistent and contradictory statements on more than one occasion. The student, J. M., was deemed the more credible of the two. Further, it is determined that the computer history of the Respondent's school-issued computer clearly and unambiguously established that the Respondent accessed inappropriate websites and chat rooms. It is determined that the Respondent did not verify the age of J. M. before making the pictures of his nude torso and groin area. Further, the Respondent did not maintain records to verify that the other nude and partially nude males depicted on the website were adults. Finally, it is determined that the purpose of the website was not for "dancing." The depiction of the males' penises in a state of arousal would not suggest or relate to any dancing ability. The Respondent's claim that his privacy has been invaded is unfounded. Teachers in the State of Florida are held to a high standard of conduct. It is expected that a school- issued computer may be subject to inspection by school authorities. The Respondent has taught for approximately 21 years.
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 the Respondent’s teaching certificate. DONE AND ENTERED this 5th day of March, 2009, in Tallahassee, Leon County, Florida. J. D. PARRISH Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 5th day of March, 2009. COPIES FURNISHED: Kathleen M. Richards, Executive Director Education Practices Commission Department of Education Turlington Building, Suite 224-E 325 West Gaines Street, Room 224 Tallahassee, Florida 32399-0400 Deborah K. Kearney, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 Marian Lambeth, Bureau Chief Bureau of Professional Practices Services Department of Education Turlington Building, Suite 224-E 325 West Gaines Street Tallahassee, Florida 32399-0400 Charles T. Whitelock, Esquire Whitelock & Associates, P.A. 300 Southeast 13th Street Fort Lauderdale, Florida 33316 Darrell Timothy Roundtree 2388 South Oakland Park Drive, Apartment 202 Oakland Park, Florida 33309
The Issue This is a license discipline case in which the Petitioner seeks to have disciplinary action taken against the Respondent on the basis of alleged misconduct which is set forth in an Administrative Complaint. The misconduct alleged consists primarily of allegations that the Respondent engaged in inappropriate physical touching of a female student.
Findings Of Fact M. A. is a thirteen year old student at West Miami Middle School. At the time of the alleged incident, she was twelve years of age, was approximately five feet, three inches, tall, and weighed about one hundred sixty pounds. She had gained about twenty or thirty pounds more as of the time of the formal hearing in this case. The School Trust Counselor, Diana De Cardenas, had been seeing M. A. and M. A.'s sister for eating disorder problems because both girls were somewhat overweight. The counsellor had seen M. A. on several occasions because of allegations that M. A.'s mother and M. A.'s brother were hitting her at home. Her brother did not want her to eat and when he saw her eating he would beat her. M. A. saw the counsellor because of these facts and was often upset and crying. The Respondent, Millard Lightburn, is forty-two years old and has been a teacher for over fifteen years. The Respondent is Hispanic. He previously taught school in Nicaragua and speaks both English and Spanish. The accusing child, M. A., is also Hispanic. The Respondent taught a computer application course and from time to time he would use students to help file papers and keep records. Shortly before the time of the alleged incident, the Respondent asked two students, M. A. and a male student named L. D., to help him file papers and perform other similar paperwork tasks. The student named L. D. did not come to help the Respondent on the day in question because L. D. was asked by another teacher to help with a problem in the cafeteria. On the day in question, the Respondent was having lunch while working in his classroom. M. A. was in the class alone with him helping him file papers and perform other similar paperwork tasks. This was the second day that M. A. had assisted the Respondent with the paperwork. As the work was finished, the Respondent said to M. A., "Thank you very much; thank you for your help." He put his hand on her shoulder and put his cheek next to hers and gave her a peck on the cheek in a manner that is customary and traditional among Hispanics in Dade County, Florida. The Respondent demonstrated this gesture at the hearing. This same gesture was also demonstrated by two other witnesses, Shirley B. Johnson and Assistant Principal Eldon Padgett. West Miami Middle School is about 93 percent or 94 percent Hispanic. In that school and in the Hispanic community served by the school, it is customary for people to hug and to touch one another on the cheek or to give one another a peck on the cheek. Such conduct is common at all Hispanic schools in Dade County, Florida. The gesture demonstrated by the Respondent and by two other witnesses is a customary Hispanic gesture in Dade County, Florida, and is not considered to be offensive or inappropriate by other members of the Hispanic community. The Respondent, Millard E. Lightburn, did not at any time touch the student, M. A., in an inappropriate or offensive way.
Recommendation On the basis of all of the foregoing, it is RECOMMENDED that a final order be issued in this case dismissing all charges against the Respondent. DONE AND ENTERED this 11th day of October, 1993, at Tallahassee, Leon County, Florida. MICHAEL M. PARRISH, 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 October, 1993. APPENDIX TO THE RECOMMENDED ORDER IN CASE NO. 92-06174 The following are my specific rulings on all proposed findings of fact submitted by all parties. Findings submitted by Petitioner: Paragraphs 1, 2, 3, 4, and 5: Accepted in substance. Paragraph 6: Accepted in substance, but with the additional findings to the effect that another student had been invited to be present at the same time as the student, M. A. Paragraph 7: Rejected as contrary to the greater weight of the persuasive evidence. The student, M. A., and the Respondent testified to two very different versions of events on the day in question. Considering all of the evidence in context, the Hearing Officer has found the Respondent's version to be more credible than the version described by M. A. Paragraph 8: Rejected as constituting subordinate and unnecessary details, or as irrelevant. Paragraph 9: Rejected in part as subordinate and unnecessary details and in part as contrary to the greater weight of the persuasive evidence. Paragraph 10: Accepted in substance. Paragraphs 11 and 12: Rejected as contrary to the greater weight of the persuasive evidence. The student, M. A., and the Respondent testified to two very different versions of events on the day in question. Considering all of the evidence in context, the Hearing Officer has found the Respondent's version to be more credible than the version described by M. A. Paragraph 13: First line rejected for reasons stated immediately above. The remainder of this paragraph is accepted in substance. Paragraphs 14, 15, 16, 17, and 18: Rejected as contrary to the greater weight of the persuasive evidence. The student, M. A., and the Respondent testified to two very different versions of events on the day in question. Considering all of the evidence in context, the Hearing Officer has found the Respondent's version to be more credible than the version described by M. A. Paragraphs 19, 20, 21, 22, 23, 24, and 25: Rejected as subordinate and unnecessary details. Paragraph 26: Accepted in substance. Paragraphs 27, 28, 29, 30 and 31: Rejected as subordinate and unnecessary details. Paragraph 32: The first three full lines and the first four words of the fourth line are accepted. The remainder of this paragraph is rejected as contrary to the greater weight of the persuasive evidence. Paragraph 33: Rejected as contrary to the greater weight of the persuasive evidence. Findings submitted by Respondent: Paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10: Accepted in substance. Paragraph 11: Rejected as subordinate and unnecessary details and as also irrelevant. Paragraph 12: Accepted in substance. COPIES FURNISHED: Margaret E. O'Sullivan, Esquire Department of Education 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 William Du Fresne, Esquire Du Fresne and Bradley, P.A. 2929 S.W. 3rd Avenue, Suite One Miami, Florida 33129 Karen Barr Wilde, Executive Director Education Practices Commission 325 West Gaines Street Tallahassee, Florida 32399-0400 Jerry Moore, Administrator Professional Practices services 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Sydney H. McKenzie, Esquire General Counsel Department of Education The Capitol, PL-08 Tallahassee, Florida 32399-0400
The Issue Whether Respondent is guilty of immorality and unprofessional conduct as is more specifically alleged in the Administrative Complaint dated February 25, 1991.
Recommendation Accordingly, it is RECOMMENDED that a final order be entered permanently revoking the Florida teaching certificate of Robert M. Dodd, Jr. DONE and ENTERED this 14th day of October, 1991, in Tallahassee, Leon County, Florida. K. N. AYERS 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 14th day of October, 1991. Copies furnished: Robert J. Boyd, Esquire 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399 0400 Robert M. Dodd 38124 Townview Avenue #106 Zephyrhills, Florida 33540 Jerry Moore, Administrator Professional Practices Services 325 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399 0400 Karen B. Wilde, Executive Director Education Practices Commission 301 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399 0400
The Issue The issues are whether Mr. Verdiner should be dismissed from employment as a continuing contract teacher with the Dade County School Board for immorality, misconduct in office, and gross insubordination and whether his certificate as a Florida teacher should be revoked.
Findings Of Fact Yves Verdiner holds teaching certificate number 464217 issued by the Department of Education. He held that certificate at all times pertinent to the complaints filed against him. Mr. Verdiner is employed by the School Board of Dade County as a continuing contract teacher. He was an industrial arts classroom teacher at Thomas Jefferson Junior High School during the summer of 1983 and during the 1985-1986 school year. The principal at Thomas Jefferson Junior High School was Mr. Eric Parker. The summer of 1983 During the 1983 summer school session, Milagros Jimenez, a seventh grade female student, was assigned to Mr. Verdiner's class. Miss Jimenez was designated a class foreman, which meant that she was responsible for distributing wood supplies. This brought her into more frequent contact with Mr. Verdiner than other students. One day, while talking with Miss Jimenez, Mr. Verdiner used both hands to lift up her blouse and expose her bra. He also made a sexual reference to her, saying that he wanted to "jack off." A few days later, Mr. Verdiner patted Miss Jimenez on the buttocks. On another occasion Miss Jimenez climbed onto Mr. Verdiner's desk to reach some wood on a shelf above his desk. Mr. Verdiner held Miss Jimenez's leg to steady her with his hands on one ankle. When she jumped down from the desk, Mr. Verdiner left his hand in contact with her leg until it reached her vaginal area. During the 1983 summer session, Sonia Pattee was assigned to Mr. Verdiner's class. In the woodshop there is a small tool shed, of a type that is often located in a home backyard. While Miss Pattee was in the shed, Mr. Verdiner entered it, closed the door and hugged Miss Pattee. On another occasion, when Miss Pattee was sitting on one of the desks in the shop class, Mr. Verdiner put his hand on her buttocks while she was moving herself from the desk. On more than one occasion, Mr. Verdiner solicited Miss Pattee to have sex with him in his van. During the 1983 school year, Mr. Verdiner would often use improper language in addressing students during class, using such words as "shit" and "damn" and saying such things as "what the fuck is wrong with you?" or "are you fucking stupid?" After an investigation was made into the allegations of touching students and using improper language, a conference for the record was held with school administrators. Mr. Verdiner was specifically instructed both by his principal and by the district administrator of the Office of Professional Standards for the Dade County Schools that he was not to make physical contact with or touch students, and that he was not to use vulgar or profane words in the classroom. The 1985-86 School Year Mr. Verdiner taught woodshop at Thomas Jefferson Junior High School during the 1985-1986 school year. Catina Pierre-Louis was a student in his class. She was in seventh grade and approximately 13 years old. In December 1985, while in Mr. Verdiner's class, Miss Pierre-Louis received permission to leave the classroom to go to the water fountain outside in the hallway. As she leaned over to drink from the fountain, Mr. Verdiner put his arms around her and rubbed her vaginal area with both of his hands. Miss Pierre-Louis pushed him away by pushing her elbows backwards. Miss Pierre-Louis felt ashamed about what had happened and was afraid to tell her mother and the teachers and principal at school. Three or four days later, Miss Pierre-Louis was standing against one of the tables in the shop class when Mr. Verdiner came behind her and placed his hands on her buttocks and squeezed them. Miss Pierre-Louis reported the incident to her counselor, Miss Mapp and shortly thereafter was transferred out of Mr. Verdiner's class. While in Mr. Verdiner's class, Miss Pierre-Louis often heard Mr. Verdiner using profanity or vulgar language, saying things as "shut the fuck up." During the 1985-86 school year Stephanie Williams was a student in Mr. Verdiner's woodshop class. Mr. Verdiner would rub or pat her back, ostensibly to congratulate her. Mr. Verdiner engaged in this sort of physical touching only with female students, not with any of the male students in the class. While teaching, Mr. Verdiner would use words such as "fuck," "shit," and "damn" commonly during his classes. The Hearing Officer accepts the testimony of the principal at Thomas Jefferson Junior High School that there was awareness among other teachers, students and parents of Mr. Verdiner's conduct which has seriously impaired his effectiveness as a teacher. The Hearing Officer also accepts the testimony of Dr. Gray that Mr. Verdiner's touching of his female students, and his use of indecent language constitutes immorality or acts of moral turpitude, conduct which seriously reduced his effectiveness as a teacher.
Recommendation With respect to Case No. 86-2277, it is recommended that a final order be issued by the School Board of Dade County dismissing Mr. Verdiner as a continuing contract teacher, and with respect to Case No. 88-0598, it is recommended that the teaching certificate held by Mr. Verdiner be permanently revoked. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 27th day of September, 1988. WILLIAM R. DORSEY, JR. Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1050 (904) 488-9765 Filed with the Clerk of the Division of Administrative Hearings this 27th day of September, 1988. APPENDIX The following are my rulings of the proposed findings of fact submitted by the parties pursuant to Section 120.59(2), Florida Statutes (1985) Rulings on the proposed findings of fact made in the Amended Proposed Recommended Order of the School Board of Dade County: Covered in Procedural background. Covered in Procedural background. Rejected as unnecessary. Covered in findings of fact 8, 9, 10, and 11. Covered in findings of fact 3-7. Covered in finding of fact 12. Covered in finding of fact 12. Covered in findings of fact 13-16. Covered in finding of fact 18. Rejected as unnecessary. Covered in finding of fact 19. Covered in finding of fact 20. Rulings on Proposed findings of fact of the Commission of Education: Covered in finding of fact 1. Covered in finding of fact 2. Covered in the Procedural background. Rejected as not constituting a finding of fact. Covered in finding of fact 3. Covered in finding of fact 4. Covered in finding of fact 5. Covered in finding of fact 6. Covered in finding of fact 7. Covered in finding of fact 11. Covered in finding of fact 8. Covered in finding of fact 8. Covered in finding of fact 9. Covered in finding of fact 11. Covered in finding of fact 10. Covered in finding of fact 11. Rejected as unnecessary. Covered in finding of fact 14. Covered in finding of fact 15. Covered in finding of fact 17. Rejected as inconsistent with the Hearing Officer's evaluation of the evidence. Rejected as unnecessary. Covered in findings of fact 11, 16, and 17. 24-25.Covered in finding of fact 20. Rulings on proposed findings of fact by Mr. Verdiner: Rejected as unnecessary. Rejected as unnecessary. 3a. Rejected because the Hearing Officer accepts the testimony of Catina Pierre-Louis. 3b. Rejected because the Hearing Officer accepts the testimony of Sonia Pattee. 3c. Rejected because the Hearing Officer accepts the testimony of Milagros Jimenez. 4. Rejected because contrary testimony made in findings of fact 11, 16, and 18 has been credited. COPIES FURNISHED: Frank Harder, Esquire 175 Fontainebleau Boulevard Suite 2A-3 Miami, Florida 33172 Craig Wilson, Esquire 215 5th Street Suite 302 West Palm Beach, Florida 33401 William DuFresne, Esquire 2929 S.W. 3rd Avenue Suite 100 Miami, Florida 33129 Dr. Joseph Fernandez Superintendent of Schools Dade County Public Schools 1450 Northeast Second Avenue Miami, Florida 33132 Madelyn P. Schere, Esquire Dade County Public Schools 1450 Northeast Second Avenue Miami, Florida 33132 The Honorable Betty Castor The Capitol Tallahassee, Florida 32399 Karen Barr Wilde, Executive Director Education Practices Commission Room 418, Knott Building Tallahassee, Florida 32399 Martin B. Schapp, Administrator Professional Practices Services 319 West Madison Street Room 3 Tallahassee, Florida 32399
