Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, the documentary evidence received and the entire record compiled herein, I hereby make the following findings of fact: The Petitioner, Thomas E. Deen, is an employee of Respondent, School Board of Hernando County, Florida. The School Board is an agency of the State of Florida and is charged with responsibility for the operation of the Hernando County public schools. The Petitioner was initially employed by Respondent as an assistant principal for the 1961-62 academic year. He was thereafter employed under successive annual contracts of employment for the academic years 1962-63 and 1963-64. The Petitioner was thereafter granted a continuing contract as assistant principal for that period commencing with the 1964-65 academic year. In 1972, Petitioner was promoted to the position of principal. The Petitioner thereafter served in the position of principal for the 1972-73, 1973-74, 1974-75, 1975-76 and 1976-77 academic years. In the 1976-77 through 1981-82 academic years. Petitioner was assigned to various administrative positions, including Title I Resource Specialist and Adult Education Coordinator. At all times during this period, he was paid at least the administrative base salary in accordance with the salary schedule annually adopted by the School Board. For the 1982-83 academic year, the Petitioner was assigned to the position of adult school director at the Alternative Adult Education Day and Trade School. This school involved day high school students, adult students, a trade school and an alternative program. This school is located in a separate facility. The Petitioner replaced an individual by the name of Lorenzo Hamilton. Mr. Hamilton held the administrative title of principal while he served in that position and was paid as a principal. The duties performed by Mr. Hamilton and Petitioner were identical in all respects. Both Mr. Hamilton and the Petitioner performed many of the duties required of principals by the School Board's job description for the position of principal, including: 1) evaluation of teachers; 2) supervision of teachers; 3) discipline of students; 4) evaluation of students; and, 5) signing numerous documents as principal. However, several duties required of principals were not performed by Mr. Hamilton, or Petitioner. Those duties included: 1) recommending to the superintendent changes and improvements to the school plant, physical equipment and grounds; 2) recommending to the superintendent changes in existing personnel and the hiring of personnel; 3) recommending to the Superintendent major changes in the curriculum of the school; 4) keeping property records on equipment and textbooks and maintaining internal accounts; 5) recommending to the School Board any rentals of the buildings and 6) submitting purchase orders and estimated needs for office supplies, classroom supplies and custodial supplies. Many of the functions of principals which were not performed by Petitioner or Mr. Hamilton were the responsibility of Mr. Goss. Mr. Goss was considered Petitioner's and Mr. Hamilton's supervisor and was employed as a community school coordinator. Generally, principals report directly to the superintendent in the school system's chain of command; Petitioner did not report directly to the superintendent. The Petitioner therafter served as community school director for the 1982-83 school year and the 1983-84 school year. For the 1984-85 school year the Petitioner held the administrative title of principal/community school coordinator. After Petitioner relieved Mr. Lorenzo Hamilton, the title of the administrative position was re-evaluated and it was determined that the position should be a director's position and not a principal's position. In addition, it was determined that the position did not call for a principal's salary. While employed in the position of community school director for the 1982-83 school year, the Petitioner received the administrative base pay of a community school director, a five (5%) per cent enrollment supplement and a three (3%) per cent alternative school supplement. The two (2) supplements which the Petitioner received were also received by Mr. Hamilton when he served in the position during the 1981-82 school year. Further, the School Board of Hernando County supervisory and administrative salary schedule for the 1982-83 school year, admitted into evidence as Petitioner's Exhibit 4 reflects that those two (2) supplements were paid to principals but were not paid to community school directors. For the 1983-84 school year, the Petitioner was paid the administrative base of a director, however, he continue to receive enrollment and position supplements which were reserved for principals according to the school board's supervisory and administrative salary schedule for the year 1983-84. For the 1984-85 school year the Petitioner was paid 100% of the administrative base. However, the Petitioner did not receive an enrollment supplement nor a position supplement. According to the school board's supervisory and administrative salary schedule for the school year 1984-85, persons occupying the position of principal were entitled to an enrollment supplement and a position supplement. For the 1984-85 school year, the Petitioner's title was changed from community school director to principal. The primary reason for the change in title was to implement the district school board's policy requiring that the person at the school level in charge of the Beginning Teacher Program be titled "principal." The Petitioner was in charge of the Beginning Teacher Program at the Alternative School. The Beginning Teacher Program began in the State of Florida on July 1, 1982. The Petitioner was involved with the Beginning Teacher Program since its inception, but did not have any beginning teachers in 1982-83. The Petitioner did have beginning teachers in his school during the 1983-84 and 1984-85 school years. The Petitioner protested his rate of pay for the 1982- 83 school year to Superintendent Austin. Initially, Petitioner's contract reflected that he would be paid 90% of administrative base with no supplements. After a heated discussion with Mr. Austin, Petitioner's salary was adjusted to include a 5% supplement for the number of students and a 3% supplement for the type of school; Petitioner's administrative base salary was unchanged. During the 1984-85 school year the Petitioner did not report directly to Mr. Austin, the superintendent of schools. Based on the school board's chain of command, a principal will report directly to the office of the superintendent while assistant principals do not report directly to the superintendent. Mr. Austin, the superintendent of schools of Hernando County has never recommended to the school board that a person receive a continuing contract as a principal. Mr. Austin has recommended that certain individuals receive a continuing contract as assistant principal and has made a recommendation that an individual receive a continuing contract in the position of administrator. The school board's supervisory and administrative salary schedule for the 1982-83 school year provided that assistant principals would be paid 100% of the administrative base, or $26,575. Petitioner held a valid continuing contract as an assistant principal during the 1982-83 school year, but was paid an administrative base of $23,917.50. The school board's supervisory and administrative salary schedule for the 1983-84 school year provided that assistant principals would be paid 100% of the administrative base, or $28,967. Petitioner held a valid continuing contract as an assistant principal during the 1983-84 school year, but was paid an administrative base of $26,070. The School Board's supervisory and administrative salary schedule for the 1984-85 school year provided that assistant principals would be paid 100% of the administrative base, or $31,800. Petitioner was paid in accordance with the School Board's salary schedule for the 1984-85 school year. The 1984-85 salary schedule provided that assistant principals and "principal of adult day high school and trade school/community school directors" would receive the same salary, i.e. 100% of administrative base. Petitioner is presently employed, for the 1985-86 school year, in the position of principal of adult day high school and trade school/community school director. Petitioner is currently being paid in accordance with the salary scheduled established by the School Board for the category "principal of adult day high school and trade school/community school director." The Petitioner's agreement of employment with the School Board for each academic year in question consisted of a composite of documents evidencing the total understanding between the parties. Those documents included: (a) an "Intent- to-Return" form submitted by the employee indicating his intent to return to the Hernando County school system the following year; (b) a letter of appointment or re-appointment written by the superintendent and addressed to the District School Board of Hernando County; (c) a letter written by the superintendent addressed to the employee confirming that the appointment or reappointment was approved by the District School Board; (d) an Administrative Salary Statement, with salary and position filled in by the School Board and submitted to the employee for signature; and, (e) a general "Supervisory and Administrative Salary Schedule" applicable to all administrative employees in the school system.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED THAT: The School Board of Hernando County declare and determine that Petitioner does not hold a continuing contract of employment as a principal; The School Board of Hernando County adjust the pay of Petitioner for the 1985-86 academic year to reflect past salary shortages totalling $5,554.50; and that The School Board of Hernando County deny Petitioner's claim for compensatory damages, attorney's fees and costs. DONE and ORDERED this 5th day of November, 1985 in Tallahassee, Leon County, Florida. MATTHEW STEVENSON Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (9040 488-9675 FILED with the Clerk of the Division of Administrative Hearings this 5th day of November, 1985. COPIES FURNISHED: John D. Carlson, Esq. 1030 E. Lafayette Street - #112 Tallahassee, Florida 32301 Joseph E. Johnston, Jr., Esq. 29 South Brooksville Avenue Brooksville, Florida 33512 Hon. Ralph D. Turlington Commissioner of Education The Capitol Tallahassee, Florida 32301 Judith Brechner, Esq. General Counsel Department of Education Knott Building Tallahassee, Florida 32301 James K. Austin, Ed.D. Superintendent of Schools The School Board of Hernando County, Florida 919 U.S. Highway 41, North Brooksville, Florida 33512-2997 APPENDIX Pursuant to Section 120.59(2), Florida Statutes (1983) the following is submitted in response to Petitioner's and Respondent's Proposed Findings of Fact: Petitioner's Proposed Findings of Fact: Finding: Ruling: Accepted; see paragraphs 1 & 2, R.O. Accepted, see paragraph 1. Partially accepted; see paragraphs 2, 3 and 14, R.O. Petitioner's proposed finding that his contract "denoted "CC" indicating a continuing contract as a principal" is rejected as a conclusion of law. Petitioner's proposed finding that the "Superintendent and School Board acted on Petitioner's employment as though he held a continuing contract as a principal" is not supported by the evidence. Accepted; see paragraph 3, R.O. Partially accepted; see paragraphs & 5. Facts not included therein are rejected as irrelevant. Partially accepted; see paragraphs 4 and 5 R.O. Facts not included therein are rejected as irrelevant, cumulative or immaterial. Partially accepted; see paragraphs 4, 5, 6, 7 and 8, R.O. Facts not included therein are rejected as irrelevant, cumulative or immaterial. Accepted; see paragraph 11, R.O. Partially accepted; see paragraphs and 11, R.O. Facts not included therein are rejected as cumulative, irrelevant or immaterial. Partially accepted; see paragraph Facts not included therein are rejected as cumulative or immaterial. Partially accepted; see paragraphs 8 and 15. Petitioner's proposed finding that "Under the 1982-83 Salary Schedule an individual holding a contract as . . . an assistant principal and performing the duties of a principal" would have been entitled to administrative base plus supplements is not supported by the evidence. Partially accepted; see paragraphs 9 and 16. Petitioner's proposed finding that "under the 1983-84 salary schedule an individual holding a contract as . . . an assistant principal and performing the duties of a principal" would have been entitled to administrative base plus supplements is not supported by the evidence. (No paragraph 13) Partially accepted; see paragraph 17, R.O. Petitioner's proposed finding that he was entitled to supplements in the same manner as he had received in prior years is rejected as a conclusion of law. Petitioner's proposed finding that "Under the 1983-84 salary schedule an individual holding a contract as . . . an assistant principal and performing the duties of a principal" would have been entitled to administrative base plus supplements is not supported by the evidence. Partially accepted; see paragraph 11 and 17, R.O. Facts not included therein are rejected as immaterial. Rejected as not supported by the evidence. The testimony of Petitioner established that his retirement benefits would be based on the average of his 5 highest paid years. However, there was no evidence as to when Petitioner planned to retire, therefore, any effect on Petitioner's retirement benefit caused by underpayments during the years in question is speculative. Rejected as immaterial. Respondent's Proposed Findings of Fact: Finding: Ruling: Accepted; see paragraphs 1 & 2, R.O. Accepted; see paragraph 14, R.O. Accepted; see paragraph 3, R.O. Accepted; see paragraph 15, R.O. Rejected as not supported by the evidence. Accepted; see paragraphs 8 and 9, R.O. Partially accepted; see paragraphs 4 & 5. Respondent's proposed finding that Petitioner's duties were not commensurate with those assigned to principals is partially not supported by the evidence since it was established that many of Petitioner's duties were commensurate with those assigned to principals. Accepted; see paragraphs 15 and 16, R.O. Rejected; see paragraphs 15 and 16, R.O. Partially rejected; Petitioner is currently, 1985-86 school year, being paid the salary of an assistant principal, however, Petitioner seeks to have his salary for 1985-86 adjusted to that of principal.
Conclusions This cause coming on to be heard before THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, at its meeting conducted on August 16, 2011, to consider the Recommended Order, entered on June 21, 2011 by the Honorable Claude B. Arrington, Administrative Law Judge of the State of Florida, Division of Administrative Hearings. THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, having considered the Recommended Order, to which neither party filed exceptions, and being fully advised in the Premises: IT IS THEREUPON ORDERED AND ADJUDGED BY THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, that: 1. The Recommended Order is adopted in its entirety and incorporated herein by reference; and 2. RACHEL VON HAGEN’S professional service contract with The School Board of Broward County, Florida is terminated. Filed September 13, 2011 8:54 AM Division of Administrative Hearings Broward County School Board vs. Rachel Von Hagen DOAH Case Number: 11-0567 SBBC AGENDA 081611H02-Final Order aa AND ORDERED in Fort Lauderdale, Broward County, Florida this \ ( aay of hag » 2011. THE SCHOOL BOARD OF BROWARD Za Aa By: ia iW. Williams, Chair COPIES FURNISHED: CHARLES T. WHITELOCK, ESQ. Charles T. Whitelock, P.A. 300 Southeast 13" Street Fort Lauderdale, Florida 33316 MARK HERDMAN, ESQ. Herdman and Sakellarides, P.A. 29605 U.S. Highway 19 North, Suite 110 Clearwater Florida 33761 STATE OF FLORIDA, DIVISION OF ADMINISTRATIVE HEARINGS The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Broward County Schoo! Board vs. Rachel von Hagen DOAH Case Number: 11-0567 SBBC AGENDA 081611H02-Final Order APPEAL OF FINAL ORDER Pursuant to Section 120.68, Fla. Sta., a party to this proceeding may seek judicial review of this Final Order in the appropriate district court of appeal by filing a notice of appeal with Noemi Gutierrez, Agency Clerk, Official School Board Records, The School Board of Broward County, Florida, 600 Southeast Third Avenue — 2"! Floor, Fort Lauderdale, Florida 33301, on or before thirty (30) days from the date of this Final Order. A copy of the notice and a copy of this Final Order, together with the appropriate filing fee, must also be filed with the Clerk, Fourth District Court of Appeal, 1525 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33401-2399. If you fail to file your notice of appeal within the time prescribed by laws and the rules of court, you will lose your right to appeal this Final Order. fritz/allwork/doah/employment/vonhagen Rachel final order-final
The Issue The issue is whether Respondent's professional services contract with the Hernando County School Board should be terminated.
Findings Of Fact The School Board is the agency responsible for the administration of the school system in Hernando County. The School Board has employed Mr. Ellison almost continuously since 1979. In addition to teaching, he has coached students in various sports. Until September 16, 2005, he taught pursuant to a professional services contract at Central High School. On September 15, 2005, Mr. Ellison's 1996 Dodge truck was located at the school's auto shop. Mr. Ellison had driven it there. Students studying automobile repair were to attempt to repair his truck's air conditioner, which was not functioning. Mr. Ellison had provided the truck to the auto shop personally after having made arrangements with the automobile repair teachers the previous day. He was aware that the repair job was to be accomplished by students. Peter Koukos, the vocational instructor, informed Mr. Ellison, that in order to repair the air conditioner the glove box would have to be removed. Mr. Ellison assented to this procedure. While attempting to remove the glove box, students discovered a loaded Power Plus .38 special revolver in it. The students who found it duly reported its presence to Mr. Koukos, who took custody of it. It was eventually delivered to the school resource officer, Deputy Sheriff Debra Ann Miles, who placed it into evidence in accordance with Hernando County Sheriff's Office procedures. It is found as a fact that the revolver was owned by Mr. Ellison and it was he who had placed the weapon in the glove box of the truck and it was he who had driven it onto the Central High School grounds on September 15, 2005. Mr. Ellison had experienced a previous incident with this weapon on January 21, 2002. This incident was precipitated when a citizen reported to the Hernando County Sheriff's Office that a man was standing by a parked pick-up truck in the Fort Dade Cemetery with a handgun in the left front pocket of his jacket. A deputy was dispatched to the cemetery. The deputy stopped a truck as it exited the cemetery. The truck the deputy stopped was being driven by Mr. Ellison and it was the same 1996 Dodge that was involved in the September 15, 2005, incident. On the prior occasion Mr. Ellison related to the deputy that he was having domestic difficulties and the deputy, with Mr. Ellison's permission, seized the weapon which was in his possession. The weapon seized by the deputy was the very same .38 special revolver found at Central High School on September 15, 2005. The weapon was released to Mr. Ellison on February 12, 2002, because his actions with it on January 21, 2002, were completely lawful. He thereafter placed the weapon in the glove box of the 1996 Dodge. He forgot that it was there and if he had thought about it, he would not have left it in the glove box of the truck when he delivered it to the students in the auto repair shop on September 15, 2005. There was no intent to bring the weapon on campus. Mr. Ellison is aware of the harm that can ensue from carelessly leaving weapons in an environment where curious students might retrieve it and harm themselves or others. He has never denied that the gun was his or that anyone other than himself was responsible for the weapon being brought to the campus. Mr. Ellison knew that School Board Policy 3.40(6) provides that no one except law enforcement and security officers may possess any weapon on school property. This was explained to all of the teachers in a pre-school orientation session conducted August 1-5, 2005, which Mr. Ellison attended. Procedures to be followed in the event a gun or other dangerous weapon was found on campus were reviewed during this orientation session. These procedures are contained in the Central High School Blue Book, 2005-06 and Mr. Ellison knew this at the time he drove his truck onto school property. Mr. Ellison was and is familiar with the Code of Ethics and Principles of Professional Conduct that addresses the behavior of teachers. He is aware that he has a duty to make a reasonable effort to protect students from conditions that may be harmful. Ed Poore, now retired, was an employee of the School Board for 31 years. He served in the district office as administrator of personnel and human resources, and specifically, was involved with the administration of discipline and the enforcement of School Board policy. Mr. Poore stated that intent was not a factor in determining whether a violation of School Board Policy 3.40(6) had occurred. He further noted that the Policy does not provide for a sanction for its violation. He testified that in determining a sanction for a violation of this section, he had observed in the past that the School Board had considered the sanction imposed on others in similar situations, the individual person's time and service as a teacher, and any other pertinent mitigating circumstances. Mr. Ellison's character was described by several witnesses as follows: Brent Kalstead, the Athletic Director at Hernando High School, who has been a teacher for 18 years, stated that he had coached with Mr. Ellison and that he had entrusted his son to him so that he could teach him baseball. He said that Mr. Ellison was dedicated to the youth of Hernando County. Marietta Gulino, is Mr. Ellison's girlfriend and a school bus driver. She stated that Mr. Ellison often takes care of children after working hours. Richard Tombrink has been a circuit judge in Hernando County for 17 years. He has known Mr. Ellison for 15 years as a baseball coach and at social events. He said that Mr. Ellison is committed to educating children and has great character. Lynn Tombrink is the wife of Judge Tombrink and is a teacher at Parrott Middle School and has known Mr. Ellison for 20 years. Ten years ago she taught in the room next to him. She would want him to teach her children. Regina Salazo is a housewife. She stated that Mr. Ellison was her son's pitching coach and that he loves children and they love him. Timothy Collins, a disabled man, said that his grandson and Mr. Ellison's grandson play baseball together and that he knows Mr. Ellison to be professional, a no nonsense type of person, and a gentleman. It is his opinion that the School Board needs people like him. Gary Buel stated that Mr. Ellison was his assistant baseball coach and that Mr. Ellison was dedicated and motivated. He described him as selfless. The parties stipulated that if called, the following witnesses would testify that they know Mr. Ellison to be a good, decent, honorable man; that they know him to be a good educator and coach; that they are aware of the circumstances surrounding the gun being in his truck on School Board property; that they do not believe that termination is the appropriate action in this case; and that he would remain an effective teacher: Carole Noble of Ridge Manor; Rob and Vickie Fleisher of Floral City; Vinnie Vitalone of Brooksville; Tim Whatley of Brooksville; Rick Homer of Brooksville; Rob and Candy Taylor of Spring Hill; Robbie Fleisher; Mark Frazier of Brooksville; Miya Barber of Brooksville; Nate Dahmer of Brooksville; Hank Deslaurier of Spring Hill; John and Mary Jo McFarlane of Brooksville; Pete Crawford of Brooksville; Patrick Ryan of Tampa; Ed Bunnell of Spring Hill; and Alan and Cecilia Solomon of Brooksville. It is found as a fact, based on the record of hearing, that Mr. Ellison is an excellent teacher who works well with children and whose character is above reproach. He is not the type of person who would consciously bring a weapon onto school grounds or commit any other purposeful act which might endanger students. Mr. Ellison has not been the subject of prior disciplinary actions.
Recommendation Based upon the Findings of Fact and Conclusions of Law, it is RECOMMENDED that Final Order imposing a 30-calendar-day suspension without pay be imposed as a penalty in this cause, and that Respondent, Michael Ellison, be reinstated to a teaching status and be awarded back pay and benefits to which he would have otherwise been entitled since November 15, 2005, less the 30-calendar-day suspension without pay. DONE AND ENTERED this 23rd day of February, 2006, in Tallahassee, Leon County, Florida. S HARRY L. HOOPER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 23rd day of February, 2006. COPIES FURNISHED: J. Paul Carland, II, Esquire Hernando County School Board 919 North Broad Street Brooksville, Florida 34601 Mark Herdman, Esquire Herdman & Sakellarides, P.A. 2595 Tampa Road, Suite J Palm Harbor, Florida 34684 Daniel J. Woodring, General Counsel Department of Education 325 West Gaines Street, Room 1244 Tallahassee, Florida 32399-0400 Wendy Tellone, Ed.D. Superintendent of Schools Hernando County School Board 919 North Broad Street Brooksville, Florida 34601-2397
Findings Of Fact At all times pertinent to this proceeding, Respondent was employed by Petitioner as a classroom teacher on an annual contract basis. Respondent first began working for Petitioner in February 1987, as an elementary teacher at Westview Elementary School. She taught at Westview Elementary School from February 1987 to the end of the 1986-87 school year and at Miami Park Elementary School during the 1987-88 school year. Both Westview Elementary School and Miami Park Elementary School are public school in the Dade County School District. For the 1988-89 school year, Respondent was assigned to teach a first grade class at Westview Elementary School. At the time of the final hearing, Respondent was 29 years of age. Respondent had received training as to Petitioner's disciplinary policies. She was aware of Petitioner's general disciplinary policies and the specific disciplinary procedures in place for Westview Elementary. During the 1988-89 school year there was in place at Westview Elementary an assertive discipline policy which was designed to discipline students without the use of physical punishment and which prohibited the use of physical force by teachers in the discipline of students. Teachers were instructed to remove disruptive students from the classroom by referring them to the administration office. If a student would not willingly go to the administration office, the teachers were to summon an administrator to the classroom to take charge of the disruptive student. In Respondent's classroom at Westview Elementary there was a coat closet that had hooks and shelves for storage. This closet was left without light when the two doors to this closet were closed. S.W., D.C., and D.W. were, during the 1988-89 school year, first grade students in Respondent's class at Westview Elementary. From the beginning of the 1988-89 school year, Respondent disciplined S.W., D.C., and D.W., individually, by placing each of them at various times in the coat closet and by then closing the two doors to the closet. On each occasion, the respective student was left in darkness. Respondent administered this punishment to S.W., a student Respondent characterized as having emotional problems, on seven separate occasions. Respondent administered this punishment to D.C. on at least one occasion and to D.W. on more than one occasion. Respondent knew, or should have known, that this form of discipline was inconsistent with Petitioner's disciplinary policies. During the 1988-89 school year, D.N. and S.M. were first grade students at Westview Elementary School who were assigned to Ms. Ortega's class. On February 14, 1989, Respondent observed D.N. and S.M. fighting while returning to their class from lunch. Ms. Holt, a substitute teacher temporarily assigned to that class while Ms. Ortega was on maternity leave, was the teacher in charge of D.N. and S.M. Respondent did not think that Ms. Holt could manage D.N. and S.M. Instead of referring the two students to the administration office, Respondent, with the permission of Ms. Holt, took D.N. and S.M. to Respondent's classroom to discipline the two students. Respondent had not been asked to assist Ms. Holt in this fashion. Respondent placed D.N. and S.M. in separate corners of the room and instructed them to be quiet. While Respondent attempted to teach her class, D.N. and S.M. continued to misbehave. D.N. began playing with a fire extinguisher and S.M. began writing and drawing on a chalkboard. To discipline D.N., Respondent tied his hands behind his back with a red hair ribbon. While he was still tied, Respondent placed the end of a broom handle under D.N.'s chin, where it remained propped until it fell to the floor. Respondent then placed the fire-extinguisher into D.N.'s tied hands to show him that the heavy fire extinguisher could harm him if it fell on him. These actions took place in Respondent's classroom in the presence of Respondent's class. Respondent frightened D.N. and almost caused him to cry in front of his fellow students. Respondent exposed D.N. to embarrassment and subjected him to ridicule from his fellow students. Respondent knew, or should have known, that this form of discipline was inconsistent with Petitioner's disciplinary policies. To discipline S.M., Respondent placed him in the coat closet. Respondent closed one of the doors and threatened to close the other door if S.M. did not remain still and quiet. After S.M. did not obey her instructions, Respondent closed the other door of the closet which left the closet without light. While S.M. was in the coat closet, Respondent remained stationed by the second door and continued instructing her class. After a brief period of time, Respondent let S.M. out of the dark closet. Respondent knew, or should have known, that this form of discipline was inconsistent with Petitioner's disciplinary policies. D.N. and S.M. remained in Respondent's class until a student sent by Ms. Holt summoned them to the library to participate with the rest of their class in vision and hearing testing. D.N. had to walk from Respondent's class to the library with his hands tied behind his back. This exposed D.N. to further embarrassment and ridicule. Ms. Holt untied D.N.'s hands in the library in the presence of other students. The ribbon which Respondent had used to bind D.N.'s hands behind his back left red marks on D.N.'s wrists. Ms. Holt immediately reported the incident to the principal. During the course of its investigation into the incidents involving D.N. and S.M., Petitioner learned of the prior incidents during which S.W., D.C., and D.W. were punished by being placed in the closet. Following the investigation of the Respondent's disciplinary methods, Petitioner suspended her without pay on May 17, 1989, and instituted proceedings to terminate her annual contract. Respondent timely demanded a formal hearing of the matter and this proceeding followed. The progressive discipline approach used by Petitioner in some cases involving teachers who violate disciplinary procedures usually requires that a reprimand be imposed for the first offense. Subsequent violations by the teacher would result in the imposition of progressively severe sanctions, culminating in dismissal. The progressive discipline approach is not used in a case involving a serious breach of policy such as where an established pattern of violations is established. Respondent's repeated practice of placing students in a darkened closet, which began at the beginning of the school year and continued into February when the incident involving D.N. and S.M. occurred, established a patterned breach of disciplinary procedure. Respondent's effectiveness as a teacher in the school became impaired because of her repeated breaches of discipline policy.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is: RECOMMENDED that the School Board of Dade County, Florida, enter a final order which finds Katherine R. Santos guilty of misconduct, which affirms her suspension without pay, and which terminates her annual contract. DONE AND ENTERED this 15th day of December, 1989, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON Hearing Officer 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 December, 1989. APPENDIX TO THE RECOMMENDED ORDER IN CASE NO. 89-3064 The following rulings are made on the proposed findings of fact submitted by Petitioner: The proposed findings of fact in paragraph 1 are adopted in material part by paragraphs 1 and 2 of the Recommended Order. The proposed findings of fact in paragraph 2 are adopted in material part by paragraphs 5 and 6 of the Recommended Order. The students, who are identified by initials, are described as being first grade students rather than as being a specific age. The proposed findings of fact in paragraph 3 are adopted in material part by paragraph 3 of the Recommended Order. The proposed findings of fact in paragraph 4 are adopted in material part by paragraph 3 of the Recommended Order. The proposed findings of fact in paragraph 5 are adopted in part by paragraphs 5 and 9 of the Recommended Order. The proposed findings of fact relating to Respondent's having struck a student with a ruler and having twisted the ears and arms of other students are rejected as being contrary to the weight of the evidence. The proposed findings of fact in paragraph 6 are rejected as being contrary to the weight of the evidence. The proposed findings of fact in paragraph 7 are adopted in material part by paragraph 6 of the Recommended Order. The proposed findings of fact in paragraph 8 are adopted in material part by paragraphs 8, 9, and 10 of the Recommended Order. The proposed findings of fact in paragraph 9 are adopted in material part by paragraph 8 of the Recommended Order. The proposed findings of fact in paragraph 10 are adopted in material part by paragraph 8 of the Recommended Order. The proposed findings of fact in paragraph 11 are adopted in material part by paragraph 12 of the Recommended Order. The proposed findings of fact in paragraph 12 are adopted in material part by paragraph 3 of the Recommended Order. The proposed findings of fact in paragraph 13 are rejected as being subordinate to the findings made in paragraph 13 of the Recommended Order. The proposed findings of fact in paragraph 14 are adopted in material part by paragraph 13 of the Recommended Order. The proposed findings of fact in paragraph 15 are adopted in material part by paragraph 12 of the Recommended Order. The proposed findings of fact in paragraphs 16 and 17 are rejected as being the recitation of testimony and as being subordinate to the findings made. The following rulings are made on the proposed findings of fact submitted by Respondent: The proposed findings of fact in paragraph 1 are adopted in material part by paragraph 2 of the Recommended Order. The proposed findings of fact in paragraph 2 are adopted in material part by paragraph 1 of the Recommended Order. The proposed findings of fact in paragraph 3 are adopted in material part by paragraphs 6 and 7 of the Recommended Order. The proposed findings of fact in paragraph 4 are adopted in material part by paragraphs 7 and 9 of the Recommended Order. The proposed findings of fact in paragraph 5 are adopted in material part by paragraphs 7 and 8 of the Recommended Order. The proposed finding that the ribbon was tied loosely is rejected because of the marks left on the student's wrists. The proposed findings of fact in paragraph 6 are rejected as being the recitation of testimony and as being subordinate to the findings made. The proposed findings of fact in paragraph 7 are rejected as being conclusions and as not being findings of fact. The proposed findings of fact in paragraph 8 are rejected. A finding that none of the students were struck or hit is rejected as being unnecessary to the conclusions reached. A finding that none of the students were abused is rejected as being a conclusion that is unnecessary to the results reached and as being unsubstantiated by the evidence. The proposed findings of fact in paragraph 9 are rejected as being unsubstantiated by the evidence. The greater weight of the evidence is that Respondent had been advised as to Petitioner's disciplinary policies and that she knew or should have known that the forms of punishment she was using violated those policies. The proposed finding of fact in paragraph 10 that the discipline inflicted on these students does not amount to corporal punishment is rejected as being a conclusion that is unnecessary to the results reached and as being unsubstantiated by the evidence. The remaining proposed findings of fact in paragraph 10 are adopted in material part. COPIES FURNISHED: Madelyn P. Schere, Esquire School Board of Administration Building 1450 Northeast Second Avenue Miami, Florida 33132 Jaime C. Bovell, Esquire 370 Minorca Avenue Coral Gables, Florida 33134 William DuFresne, Esquire 2929 Southwest Third Avenue Suite One Miami, Florida 33129 Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32399-0400 Dr. Joseph A. Fernandez Superintendent of Schools Dade County Public Schools Office of Professional Standards 1444 Biscayne Boulevard, Suite 215 Miami, Florida 33132
Conclusions This cause is before the Department of Community Affairs on an Order Closing File, a copy of which is appended hereto as Exhibit A. On April 17, 2009, the Department published its Notice of Intent to find the public schools interlocal agreement entered into by Hernando County, Brooksville, and Hernando County School Board, DCA docket no. 27-01, consistent with the minimum requirements of Sections 163.31777(2) and (3), Florida Statutes. On May 21, 2009, pursuant to Section 163.3184(9), Florida Statutes, the Department forwarded Brooksville Quarry LLC’s Petition for Administrative Hearing to the Division of Administrative Hearings. The case was assigned DOAH case number 09-2833GM. FINAL ORDER No. DCA09-GM-288 On August 10, 2009, Brooksville Quarry, LLC, filed a Notice of Voluntary Dismissal without Prejudice. There are no other Petitioners in this case, and the time has expired for the filing of new petitions for hearing. Therefore, no disputed issues remain to be resolved. The Florida Supreme Court held that *[a] case is ‘moot’ when it presents no actual controversy or when the issues have ceased to exist.” Godwin v. State, 593 So. 2d 211, 212 (Fla. 1991). A moot case generally will be dismissed. Id.
Other Judicial Opinions REVIEW OF THIS FINAL ORDER PURSUANT TO SECTION 120.68, FLORIDA STATUTES, AND FLORIDA RULES OF APPELLATE PROCEDURE 9.030 (b) (1)®) AND 9.110. TO INITIATE AN APPEAL OF THIS ORDER, A NOTICE OF APPEAL MUST BE FILED WITH THE DEPARTMENT’S AGENCY CLERK, 2555 SHUMARD OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100, WITHIN 30 DAYS OF THE DAY THIS ORDER IS FILED WITH THE AGENCY CLERK. THE NOTICE OF APPEAL MUST BE SUBSTANTIALLY IN THE FORM PRESCRIBED BY FLORIDA RULE OF APPELLATE PROCEDURE 9.900(a). A COPY OF THE NOTICE OF APPEAL MUST BE FILED WITH THE APPROPRIATE DISTRICT COURT. OF APPEAL AND MUST BE ACCOMPANIED BY THE FILING FEE SPECIFIED IN SECTION 35.22(3), FLORIDA STATUTES. YOU WAIVE YOUR RIGHT TO JUDICIAL REVIEW IF THE NOTICE OF APPEAL IS NOT TIMELY FILED WITH THE AGENCY CLERK AND THE APPROPRIATE DISTRICT COURT OF APPEAL. MEDIATION UNDER SECTION 120.573, FLA. STAT., IS NOT AVAILABLE WITH RESPECT TO THE ISSUES RESOLVED BY THIS ORDER. FINAL ORDER No. DCA09-GM-288 CERTIFICATE OF FILING AND SERVICE I HEREBY CERTIFY that the original of the foregoing has been filed with the undersigned Agency Clerk of the Department of Community Affairs, and that true and correct copies have been furnished by U.S. Mail to each of the persons listed below on this 1” say of J ngs , 2009. Paula Ford gency Clerk By U.S. Mail The Honorable Bram D. E. Canter Administrative Law Judge Division of Administrative Hearings The Desoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Linda Loomis Shelley, Esquire Karen Brodeen, Esquire Jacob D. Varn, Esquire Fowler White Boggs PA PO Box 11240 Tallahassee, FL 32302 John P. Carland, II, Esquire Hernando County School Board 919 N Broad Street Brooksville, Florida 34601-2397 Geoffrey Kirk, Esquire Assistant County Attorney Hernando County 20 North Main Street, Suite 462 Brooksville, Florida 34601-2850 By Hand Delivery Lynette Norr Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 FINAL ORDER No. DCA09-GM-288
Findings Of Fact At all times material hereto, Respondent was a 14 year old, seventh grade student at Nautilus Junior High School in Dade County, Florida, and all events occurred during the 1986-1987 school year. Mrs. Rita Gold was Respondent's fifth period English teacher. On September 10, 1986, she initiated a student case management referral form as a result of a series of confrontations with Respondent. From the very beginning of the 1986-1987 school year, Mrs. Gold had experienced Respondent's behavior in her class as both disruptive and disinterested, although he had been in attendance up to September 10, 1987. Initially in each school year, each student is given, and is required to complete the Florida State assessment tests. These are essentially for diagnosis of skills and placement in classes. Because Respondent informed Mrs. Gold that he had taken these in a concurrent class, she did not administer the assessment tests to him in her class. Thereafter, she discovered that he had lied and she must administer the tests to him during her class period. This took additional time when he and other students could better have been doing something else. When she presented the tests to him, Mrs. Gold observed Respondent filling out the answer blanks without taking the time to read the question sheet. She is certain of his persistent defiant attitude and refusal to obey her instructions in this regard because he continued to fill out the answer sheet without turning the pages of the skills questionnaire. On other occasions, Respondent made loud rebel outbursts in either English or Spanish of the type that follows: "I have to go to the bathroom!" "I want water!" "I don't understand this!" These outbursts were annoying to Mrs. Gold and disrupted normal classroom decorum. They are inappropriate for one of Respondent's age and Presumed maturity. Further disruptive and disrespectful behavior of Respondent that was noted by Mrs. Gold in her class are that: Respondent often spoke loudly when Mrs. Gold herself attempted to instruct the class; and on one occasion Respondent refused to come to her desk to get a book and announced to the rest of the class that she must bring it to him at his seat (Mrs. Gold has tried Respondent in several assigned seats and he has found fault with all of them). Respondent was chronically tardy; he refused to take home a deficiency notice to let his parents know he could fail the first 9 weeks' grading period but had time to improve; he did not read or write anything in class for the first full 9 weeks unless Mrs. Gold worked on a one-to-one basis with him; sometimes Respondent sat in class with his jacket over his head. Mrs. Gold feels there is no language barrier to Respondent's understanding what she wants. The parents gave her no report of medical disability which would account for Respondent's need for frequent fountain and bathroom requests. Mr. George A. Nunez is a physical education teacher at Nautilus Junior High School. He prepared a case management referral form on Respondent on October 2, 1986. This referral was a culmination of a series of incidents involving Respondent's chronic tardiness, repeated refusals to "dress out" and failure or refusal to remain in his assigned area of the grounds or gymnasium. All of these "acting out" mechanisms of Respondent were described by Mr. Nunez as an "I don't care attitude" and as "intolerable." Mr. Nunez is bilingual in English and Spanish and reports he has no communication problem with Respondent on the basis of language. The communication problem is the result of Respondent's disinterested and disrespectful attitude. All of Respondent's behavior problems were at least minimally disruptive to normal physical education class procedure and all attempts at teaching, but his wandering from the assigned area particularly disrupted other students' ability to learn in Mr. Nunez's class and in other physical education classes held simultaneously. Respondent was belligerent when replying to Mr. Nunez' remonstrances for not standing in the correct place. In the first grading Period of the 1986-1987 school year, Respondent had 8 absences and 3 tardies in physical education, which can only be described as chronic and excessive. He also had no "dress outs." Failure to "dress out," in the absence of some excuse such as extreme poverty, must be presumed to be willfully disobedient and defiant. Respondent did not fulfill his detentions assigned by Mr. Nunez as a discipline measure and repeated his pattern of chronic tardiness and absences in the second grading period, which absences and tardies were recorded by Mr. Nunez on behalf of another teacher who had been assigned Respondent. Stanton Bronstein is a teacher and administrative assistant at Nautilus Junior High School. On September 17, 1986, Mr. Bronstein discovered Respondent in the hallway during second period without a valid reason. He concluded Respondent was "cutting" class when Respondent provided no valid reason for being out of class. On October 3, 1986, Bronstein observed Respondent enter the hallway at approximately 12:30 p.m. Respondent had no satisfactory explanation for why he was out of class or of what he had been doing, and Bronstein concluded Respondent had cut his first through third period classes. Each of these incidents resulted in student case management referrals. On October 6, 1986, Bronstein initiated another student case management referral upon reports of classroom disruption and cutting made by a teacher, Mrs. O'Dell, who did not testify. No admission was obtained by Bronstein from Respondent on this occasion. The underlying facts alleged in the report originating with Mrs. O'Dell are therefore Uncorroborated hearsay, however the case management report of that date is accepted to show that Bronstein contacted Respondent's parents on that occasion and ordered outdoor suspension for Respondent. As of October 21, 1986, Respondent bad been absent from school a total of 10 whole days without any written parental excuse. When he returned on October 21, 1986, he was tardy and was referred to Mr. Bronstein who counseled with Respondent, received no acceptable excuse from him, and initiated a case management referral resulting in indoor suspension with a letter informing Respondent's mother of the suspension. After referrals for incidents on October 23, 1986 and October 31, 1986, further disciplinary measures were taken against Respondent, including a conference with Bronstein, the parents, an interpreter, and the principal, Dr. Smith, present. A series of detentions thereafter were not fulfilled by Respondent in defiance of school authority, despite several rearrangements of the times for the detentions so as to accommodate Respondent's schedule and requests. This resulted in further conferences between the school administrators and the parents with a final outdoor suspension. Dr. Paul Smith, Assistant Principal at Nautilus Junior High School, recounted a lengthy litany of referrals of Respondent by various teachers, a history of counseling sessions, Parental contacts, detentions, and suspensions which had failed to modify Respondent's disruptive, unsuccessful, and disinterested behavior. Respondent's grades for the first grading period of the 1986-1987 school year were straight "Fs" (failures). Respondent was frequently seen by Dr. Smith leaving school after he had once arrived. No medical condition was made known to Dr. Smith which would account for Respondent's misbehavior. Respondent has been evaluated by the child study team and Dr. Smith concurs in their analysis that it is in Respondent's best interest that he be referred to Jan Mann Opportunity School-North, where a highly structured alternative education program with a low Student-to-teacher ratio can control him Sufficiently to educate him. Bronstein concurs in this assessment. Both feel all that can be done in the regular school setting has been done for Respondent. At hearing, the mother, Mrs. Gonzalez, asked a number of questions which assumed that notes had been set to school asking that Respondent be given extra opportunities to get water because of excessive thirst, but no school personnel bad ever received any such notes. Despite numerous parent-school conferences, no school Personnel could remember this issue being raised Previously. By her questions, Mrs. Gonzalez also Suggested that Respondent had no gym clothes. However, Mrs. Gonzalez offered no oral testimony and no documentary evidence to support either premise and the parents' Posthearing submittal does not raise these defenses. The undersigned ordered the Respondent's posthearing proposal which was submitted in Spanish to be translated into English and thereafter considered it. The proposal only complains about the alternative educational Placement upon grounds of excessive distance of Jan Mann Opportunity School-North from the Respondent's home and states the parents will place him in a private school. Since Respondent has not already been withdrawn from the Dade County Public School System, the latter statement cannot be accepted as dispositive of all disputed issues of material fact, as it might be under other circumstances. As a whole, the Respondent's Posthearing Proposal is rejected as irrelevant, not dispositive of the issues at bar.
Recommendation Upon consideration of the foregoing, it is, RECOMMENDED that the School Board of Dade County enter its Final Order affirming the assignment of Respondent to the school system's opportunity school program at Jan Mann Opportunity School-North until such time as an assessment shows that Respondent can be returned to the regular school system. DONE and RECOMMENDED this 12th day of June, 1987, at Tallahassee, Florida. ELLA JANE P. DAVIS Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 12th day of June, 1987. COPIES FURNISHED: Leonard Britton, Superintendent School Board of Dade County 1410 Northeast Second Avenue Miami, Florida 33132 Madelyn Schere, Esquire Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132 Frank R. Harder, Esquire 8360 West Flagler Street Suite 205 Miami, Florida 33144 Norma Gonzalez 657 Lennox Avenue, Unit No. 1 Miami Beach, Florida 33139
Findings Of Fact Petitioner has served in the field of education in the State of Florida for approximately twenty-seven years. He has worked as a teacher, a dean, an assistant principal, and a principal. From 1959 until June, 1972, he worked in the Broward County, Florida school system in various capacities. Prior to the 1972-73 academic year, the Petitioner moved to Lake County where he was hired as an assistant principal at Eustis High School. He served as the assistant principal at Eustis High School during the 1972-73 and 1973-74 academic years. During those two academic years there were two assistant principals employed at Eustis High School. The school was not large enough to justify two assistant principalships; however, racial tensions at the school had placed a strain upon administrative personnel, and two assistant principals were assigned to the school for that reason. During the spring of the 1973-74 school year, it became apparent that only one of the two assistant principals would be rehired for the next academic year. The principal at Eustis High School decided to retain the other assistant principal rather than the Petitioner. This was not because of any deficiency on the Petitioner's part, but rather because the other assistant principal was black man, and the principal felt it important to maintain a black person in a high administrative capacity at the school in view of the recent tensions. During the 1972-73 and 1973-74 school years, the Petitioner was employed with the School Board on an "annual contract" basis. He was eligible for a "continuing contract" for the 1974-75 school year. The principal at Eustis High School wished to recommend the Petitioner for continued employment as an administrator; however, he did not have a position available, and he recommended that the Petitioner be hired on a continuing contract basis as a teacher. The School Board voted to place the Petitioner on continuing contract status as a teacher. During the summer of 1974 additional funds became available, and the School Board elected to keep a second assistant principal at the Eustis High School. The Petitioner was offered that position. In the meantime, however, the Petitioner had applied for a vacancy as an assistant principal at the Mount Dora Middle School, within the Lake County school system. The Petitioner was hired for that latter position. During the 1974-75 school year the principal at the Mount Dora High School was removed, and the Petitioner was assigned as the principal. He served in that capacity for the remainder of that school year, and for the 1975-76 and 1976-77 school years. For each of those two latter years, he was given an annual contract as a principal. During February, 1977, the Superintendent of the School Board advised the Petitioner at a conference that the Petitioner would not be recommended for an administrative position within the school system for the 1977-78 school year, but that the Petitioner's continuing contract status as a teacher would be honored, and that he would be recommended for a teaching position. This oral notification was followed by letters dated March 7, 1977 and March 29, 1977 advising the Petitioner of the action. Petitioner is now employed on a continuing contract basis, as a teacher at the Eustis Middle School within the Lake County school system. At all times relevant to this action, the School Board has distributed contracts to its personnel in the following manner: During the spring or early summer of each academic year, two copies of proposed contracts are mailed to personnel who the Board has decided to rehire. If the employee agrees with the contract he signs both copies and returns them to the School Board, where the facsimile signatures of the Superintendent and Chairman of the School Board are affixed. One of the copies is then returned to the employee. Prior to the 1974-75 school year, a continuing contract of employment was forwarded to the Petitioner in this manner. The contract provided in pertinent part: WHEREAS, Section 231.36, et. seq., Florida Statutes, provides for continuing contracts with each School Board for members of the instructional staff in each district school system, who are qualified by the terms of said law, and WHEREAS, the School Board has appointed and employed the Teacher for continuing employment as teacher in the Mount Dora Middle School of the district. NOW THEREFORE, for and in consideration of the mutual agreements, covenants, terms, and conditions herein contained, it is expressly stipulated, understood, agreed, and covenanted by and between the parties hereto as follows: The School Board enters into this contract of continuing employment with the Teacher pursuant to the laws of Florida and to Section 231.36, et. seq., Florida Statutes, and the action of the School Board heretofore taken, whereby the Teacher was appointed and employed . . . The words "(Asst. Prin.)" had been placed after the words "whereas the School Board has appointed and employed the teacher for continuing employment as teacher". The words "(Asst. Prin.)" were also crossed out. It appears that these words were inserted in the contract after Mr. Ridaught had signed it and before the proper facsimile signatures of the Chairman of the School Board and the Superintendent of Schools were affixed to the contract. The Superintendent crossed out the words before the contract was signed by the School Board personnel. When the contract was returned to the Petitioner the words "(Asst. Prin.)" were placed on the contract and were crossed out. It does not appear that the words "(Asst. Prin.)" as above have any bearing on this case, or that they were intended to be a part of the contract by either of the parties. It appears that they were inserted by clerical error and were crossed out in order to obviate the error. The School Board has, in the past, offered continuing contract status to teachers, principals, and supervisors. The School Board has not, in the past, offered continuing contract status to assistant principals, or any administrators below the level of principal. It does not appear that the School Board has ever offered a continuing contract to an administrator other than a principal. As a result of a change in the pertinent statutes the School Board now gives tenure or continuing contract status only to teachers. Neither supervisors nor principals are granted continuing contract status. Assistant principals are classified for the School Board's purposes as teachers. Their paygrade is determined from the same scale that is used for teachers. Assistant principals are given an increment in their salary for the additional duties that they perform, in the same manner that coaches, librarians, and guidance counsellors are given an increment. There is no separate salary scale for assistant principals as there is for administrators and supervisors. Although the School Board classified the Petitioner as a teacher in the continuing contract that was granted to the Petitioner in 1974, the Petitioner had not, prior to that time, ever served within the Lake County school system as a teacher. All of his service prior to then was as an assistant principal. His duties as an assistant principal included administrative duties assigned by the principal of the school. At no time did he serve as a classroom teacher. Subsequent to 1974, the Petitioner continued to serve as an administrator within the school system, and not until the present school year did he ever serve as a classroom teacher.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, RECOMMENDED: That a final order be entered denying the Petitioner's prayer that the School Board be required to consider him as having continuing contract status as an administrator or assistant principal; and denying the Petitioner's prayer for loss of wages; and dismissing the petition herein. RECOMMENDED this 2nd day of March, 1978, in Tallahassee, Florida. G. STEVEN PFEIFFER, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Robert J. Vossler, Esquire Harrison T. Slaughter, Jr., Esquire 110 North Magnolia Drive Suite 610, Eola Office Center Suite 224 605 Robinson Avenue Tallahassee, Florida 32301 Orlando, Florida 32801 ================================================================= AGENCY FINAL ORDER =================================================================
Findings Of Fact In the summer of 1981, Christopher Max Grix (Chris), a tenth-grader, was one of some 1,100 students enrolled in the combined Miami Beach Senior High School-Nautilus Junior High School summer school program. On Monday, July 20, 1981, George Thompson, a security man at the school, took Chris, John DeBlasio, and a third youth to the school office. Mr. Thompson told Solomon Lichter, the principal, and Assistant Principal Nockow, that he had seen these three boys shoving one another. As a result, each student received a three-day suspension, ending with the opening of school on Thursday, July 23, 1981. At about 7:20 on the morning of July 27, 1981, Chris and John DeBlasio had another "confrontation." When it ended, Chris fled in his car to the principal's office. There he reported that some "niggers and spics" had jumped him on school grounds along 42nd Street, and complained that the principal had not done "a damn thing about it." Although Mr. Lichter asked Chris to remain seated, Chris jumped up and left the office after he had been there only two minutes. While Mr. Lichter summoned the police, Carlton Jenkins, Jr., another assistant principal who was in an office near Mr. Lichter's, followed Chris and watched him drive away recklessly, stop near some students, and emerge from the car with a tire iron. Chris asked John DeBlasio's brother Alfred where John had gone. Wielding a tire iron, Chris shoved Alfred and threatened to kill him. He made the identical threat to Mark Allen Uffner, and also shoved him. After the tire iron was back in Chris's car, and after Alfred and George Korakakos had subdued Chris in a fist fight, Uffner ran to meet Assistant Principal Jenkins and Principal Lichter as they approached from the school office, and gave them a full report. Chris was gone by the time the police arrived. Later on the morning of July 27, 1981, Messrs. Lichter and Nockow left the summer school grounds for the campus of Miami Beach Senior High School to look for some walkie-talkies. While they were there, Chris, his older brother, and a third young man arrived. When Chris's older brother asked what had happened, Chris gave his version in colorful language. Mr. Lichter told Chris he was going to suspend him from school if he did not calm down. After Chris continued complaining about "niggers, spics, and the school principal," Mr. Lichter announced that Chris was suspended and ordered him to stay off school grounds for ten days. The trio left the campus of Miami Beach Senior High School but later on, at midday on July 27, 1981, Alfred DeBlasio saw Chris and the others on the summer school (Nautilus Junior High School) campus near 42nd Street, with knives and crow bars. Chris and traveling companions were equipped with ax handles, and were threatening Uffner, among others. A security man told Mr. Jenkins that a gang of students was headed toward Chris's car behind the cafeteria. Mr. Jenkins called after Chris's car as it left, ordering Chris not to return to school for the rest of the day.
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
