The Issue The issue is whether Respondent's Teaching Certificate should be revoked or otherwise disciplined based on the acts alleged in the Administrative Complaint. The Petitioner presented the testimony of Linda Rondone, Jane E. Vowell, Susan C. Vassilev, Kyril P. Vassilev, III and Johnny B. McKenzie. Petitioner's Exhibits 1-5 were admitted in evidence. Official recognition, pursuant to Section 90.202, Florida Statutes, was taken of the statutes and violations charged in the case of State of Florida v. Jeffrey Siegfried, 85-1568 MMA02, and the Code of Ethics of the Education Profession in Florida, Section 6B--1.01, Florida Administrative Code. The Respondent, Jeffrey W. Siegfried, failed to appear for the formal hearing despite notice to him personally and to his former counsel who was granted leave to withdraw. Petitioner submitted proposed findings of fact and conclusions of law. All proposed findings of fact and conclusions of law have been considered. A ruling has been made on each proposed finding of fact in the Appendix attached hereto and made a part of this Recommended Order.
Findings Of Fact At all times material hereto, the Respondent held Teaching Certificate Number 440229, issued by the Department of Education for the State of Florida. The Respondent's Teaching Certificate covers the areas of English and Reading. On or about June 13, 1978, the Respondent applied for a teaching certificate for the State of Florida. The Respondent filled out the application and answered "No" to the question, "Have you ever been convicted or had adjudication withheld in a criminal offense other than a minor traffic violation or are there any criminal charges now pending against you other than minor traffic violations?" The Respondent signed the application in front of a notary on June 13, 1978, certifying that all information pertaining to the application was true and correct. Petitioner presented charging documents from the Court of Common Pleas of Montgomery County, Pennsylvania, in which the Respondent was charged with three crimes alleged to have occurred on June 7, 1975, to wit: Unlawful Possession of a Controlled Substance, Corruption of Minors and Disorderly Conduct. Further, the documents indicated that the Respondent was sentenced on December 4, 1975, to the Program of Accelerated Rehabilitative Disposition on the charges of Possession of Marijuana and Corruption of Minors. The program involved a twenty four (24) month probationary period and payment of $350.00 restitution. The charge of Disorderly Conduct was nolle prossed. On July 20, 1979, the Respondent filled out an Application of Instructional Position for Palm Beach County, Florida. The Respondent in said application again made no mention of his criminal history. He again checked off "No" to the question, "Have you ever been convicted or had adjudication withheld in a criminal offense other than a minor traffic violation or are there any criminal charges now pending against you other than minor traffic violations?" The Respondent signed the application certifying that all the answers given were true. In the fall of 1980, the Respondent was employed by the Palm Beach County School District. On January 24, 1986, an Information was filed in the County Court of Palm Beach County, Florida, charging the Respondent with Possession of Marijuana on January 15, 1985 and Child Abuse on December 23, 1984. Susan C. Vassilev, mother of Kyril Vassilev, testified that she had been friends with the Respondent for 3 or 4 years preceding December of 1984. Throughout their acquaintance, the Respondent was employed as a full time teacher for the Palm Beach County School Board. Mrs. Vassilev's son, Kyril, occasionally did yard work and odd jobs for the Respondent. On December 23rd of 1984, Mrs. Vassilev reminded her son about a Christmas Eve dinner invitation at the Respondent's house. He answered her, "No, I'm not going there. He's a fag. I don't want anything to do with him." Mrs. Vassilev than testified as to what her son told her which was again reiterated by her son when he testified later in the hearing. In November and December, 1984, Kyril Vassilev was thirteen (13) years old. He had met the Respondent through his mother and knew the Respondent to be a teacher in Palm Beach County. Kyril went to the Respondent's house in late November or early December of 1984 to do some yard work for the Respondent. The Respondent picked Kyril up and while in the Respondent's van, the Respondent suggested that he knew a way for Kyril to earn a lot of money and only work two hours a day, 2 or 3 times a week. After Kyril mowed the Respondent's yard, he came into the Respondent's house for a drink. He asked the Respondent how he could make such easy money. The Respondent told him it was called child pornography and explained that it involved Kyril posing for nude photographs. The Respondent showed Kyril photographs of a nude boy in a magazine and claimed that he had helped the boy earn money by arranging for him to pose nude. Kyril told the Respondent that he wasn't interested and went back outside to continue staining the backyard fence. After a while, Kyril went back inside for another drink. The Respondent at that point told Kyril that the photographers had called and were willing to pay him $200.00 for posing nude. Kyril again told the Respondent that he was not interested. After finishing work, Kyril again came into the house and the Respondent told him the photographers had called again and upped the price to $500.00. Kyril told the Respondent no again. The Respondent sent Kyril to buy camera film at Eckerds. Kyril testified that he was afraid, but he went and got the film and brought it back. Again the Respondent asked Kyril if he would reconsider. Kyril, again, declined. Before Kyril left, the Respondent informed him that he couldn't tell his mother or anyone else. The Respondent told Kyril that he need not worry about his mother finding out, because the Respondent would open a secret bank account for him, where he could keep the money. Before leaving for the day, Kyril testified that, the Respondent told him "they" had called and were now willing to pay up to $1,000. The Respondent took Kyril home and enroute again tried to talk him into posing nude. Kyril again declined. The Respondent indicated that Kyril could make even more money doing things with other boys in front of the camera. Kyril was waiting until after Christmas to tell his mother, but because of the invitation to the Respondent's residence for Christmas Eve dinner, he decided to tell his mother on December 24, 1984. Mrs. Vassilev confronted the Respondent with her son's allegations and he claimed to be working undercover for school security to infiltrate a child pornography ring. Johnny B. McKenzie testified that as Director of Security for Palm Beach School Board that he had no knowledge of the Respondent working for school security. On July 11, 1985, the Respondent pled no contest to Count I, Possession of Marijuana less than 20 grams and Count II, Child Abuse. Judge Karen Martin, County Court Judge in and for Palm Beach County, Florida, withheld adjudication as to Count I and adjudicated the Respondent guilty of Count II. The Respondent was placed on twelve (12) months probation with special conditions that he: (1) make no contact with any child under the age of 18 years without another adult being present; (2) make no contact with the mother of the victim and/or the victim, himself; (3) undergo substance abuse evaluation and treatment if needed; and, (4) undergo psychological evaluation and counseling if needed. Ms. Jane E. Vowell, then acting as Assistant Superintendent, testified that on or about January 17, 1985, the Respondent was called into her office and she informed him of the charges against him, and told him that she would recommend to the Superintendent that he be suspended with pay and given an opportunity to resign. The Respondent resigned on February 4, 1985. Ms. Vowell testified that the Respondent's teaching certificate should be permanently revoked because he lacked the moral character needed to be a teacher responsible for children. On March 6, 1985, the Respondent submitted an Application for Instructional Position to the Broward County School Board. The Respondent again answered "No" to the question, "Have you ever been convicted or had adjudication withheld in a criminal offense other than a minor traffic violation or are there any criminal charges now pending against you other than minor traffic violations?" He again signed the application certifying that all the information given on the application was true and correct.
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 teaching certificate of Jeffrey W. Siegfried. RECOMMENDED this 5th day of February 1987, in Tallahassee, Florida. DIANE K. KIESLING 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 5th day of February, 1987. APPENDIX TO RECOMMENDED ORDER, CASE NO. 86-2020 The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties in this case. Specific Rulings on Proposed Findings of Fact Submitted by the Petitioner Proposed findings of fact 1-33 are adopted in substance in Findings of Fact 1-33. COPIES FURNISHED: Craig R. Wilson, Esquire 215 Fifth Street, Suite 302 West Palm Beach, Florida 33401 Jeffrey W. Siegfried Post Office Box 172 Truro, Massachusetts 02666 Marlene T. Greenfield Administrator Professional Practices Services 319 West Madison Street Tallahassee, Florida 32301 Karen Barr Wilde Executive Director Education Practices Commission 125 Knott Building Tallahassee, Florida 32301 Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32301
The Issue The issue posed for decision herein is whether or not the Respondent, Harry Hoffman, based on conduct which will be set forth hereinafter in detail, is guilty of immorality within the meaning of Florida Statutes Section 231.36(6).
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, the arguments of counsel, and the entire record compiled herein, the following relevant facts are found. During times material to the allegations as set forth in the Notice of Charges filed herein on March 16, 1979, the Respondent, Harry W. Hoffman, was employed by the School Board of Dade County as a Band Director for Carol City Senior High School. By letter dated February 9, 1979, the School Board of Dade County, Florida (Petitioner), advised the Respondent that he was being dismissed from his position of employment of immorality. The alleged facts which form the basis for the charges are that the Respondent, on December 15, 1978, while a teacher at Carol City Senior High School, committed an act of immorality upon a student, Tosha Binns, to-wit, allowing Tosha Binns to sit upon his (Respondent's) desk with her slacks and panties down with her vaginal area exposed. It is alleged that Respondent, while Miss Binns was exposed from her waist down, had his trousers unzipped with his hand in his trousers. To substantiate this allegation, it is alleged that this act of immorality was observed by another student, one Michael Holmes, and that when Respondent noticed that student Holmes witnessed this act, summoned student Holmes outside the classroom and gave him five dollars with instructions to "keep this incident between the two." 1/ The alleged act of immorality took place on December 15, 1978, the last day of school before the Christmas break. Michael D. Holmes, a sixteen (16) year old student enrolled at Carol City Senior High School, was a drum major during the 1978-79 school year. According to student Holmes, members of the band gave a party which began around noon on December 15, 1978. Holmes testified that Respondent was aware of the party which started around noon and lasted until shortly after 2:00 p.m. Holmes' testimony is that after the party was over, Respondent asked him to lock the band room and to be certain that all the doors in the immediate vicinity were secured. Holmes noted that the Respondent's front office door, which is situated in the back of the band room, was open. Holmes walked into the room not knowing what he would see. When Holmes entered the room, he noted Tosha Binns' pants and underwear down while the Respondent had his hand in his pants. He testified that they were all stunned and that Respondent asked him to stand outside the office and wait. Respondent later came outside and gave him five dollars to keep the matter to himself. Holmes kept the matter to himself until after the Christmas vacation because of his respect for Mr. Hoffman. Holmes was asked by a Philip Farley (phonetic) if it was true that Respondent had sexual acts with Tosha. Holmes replied, "Yes," whereupon Farley allegedly responded that, "Yes, it was true." Shortly thereafter, the rumor spread around campus. Thereafter during late January, certain band members' parents became involved and the matter was ultimately brought to the attention of the Principal, Anthony Pariso. The matter was reported to school security and an investigation ensued. A recommendation was made to the School Board that the Respondent be dismissed, which recommendation become effective on February 9, 1979. Holmes testified that he was reprimanded by the Respondent because of a behavioral problem which occurred during the blackout in January of 1979. The net result of the reprimand was that the Respondent admonished Holmes that he was amazed at his conduct during the blackout and that inasmuch as he was a drum major, he was not setting a proper example for other band members. When it appeared to Respondent that Holmes was not responding to his oral reprimand, he was stripped of his drum major duties. Geniene "Tosha" Binns, a sixteen (16) year old student at Carol City Senior High School was a student of Respondent's while she was a majorette and tuba player in the band. Miss Binns recalled being at school on the date in question, i.e., December 15, 1978, and recalled that the band "threw a party." Miss Binns testified that she left earlier with a student, Cynthia Octine (phonetic), at approximately two o'clock. Miss Binns testified that she got home early enough to watch the stories, particularly "One Life to Live" which starts at 2:00 p.m. She testified that she saw the entire story. Miss Binns denied that any improper conduct occurred between Respondent and herself or that she was at school any time after approximately 1:50 p.m. on December 15th. Betty Fabregas approached the Respondent one evening during late January, 1979, while she was serving as a volunteer worker at Carol City Senior High School. Ms. Fabregas has two daughters who were students of Respondent's and were band members during the 1978-79 school year. Ms. Fabregas was approached by a Mr. Phelps, a security officer, who inquired of her "about Respondent paying off two guys to keep the Binns immorality incident quiet." Ms. Fabregas, being stunned and also having respect for the Respondent, pondered the manner in which she should bring the incident to Respondent's attention to determine whether there was substance to the allegations. Ms. Fabregas testified that she had chaperoned with Respondent on band trips and that she never observed any questionable conduct by Respondent during his relationships with students and other band members. Respondent first gained knowledge that a rumor was being circulated around the school campus about him and student Binns on January 31, 1979, although Trudy Sobel had spoken to Respondent about the incident the preceding day, January 30th. With this knowledge, Respondent attempted to talk to the Principal, Anthony Pariso; however, the Principal refused, stating that the matter was turned over to administrative officials downtown and that the matter was out of his hands. Respondent's recollection of the manner in which he spent his time on December 15, 1978, is as follows. At approximately 10:30 a.m., Respondent approached his assistant, Ben Carrioccio, and inquired if he could cover his classes for him for the remainder of the day. Mr. Carrioccio agreed and the Respondent signed out to leave the campus at 11:00 a.m., to go to Garmon Motors to pick up an exhaust and tailpipe for his Jeep vehicle. Respondent indeed left the campus and went to Garmon Motors. He later stopped by to see "Allen," the owner of the King Midas Flea Market in Fort Lauderdale to pick up a bracelet which he had acid-tested for gold content. Respondent had purchased the bracelet from Peggy Yankowitz the preceding day for a Christmas gift for his wife. Respondent decided against keeping the gold bracelet and instead purchased a ring for his wife from King Midas Flea Market. He returned to the school to pick up some music arrangements at approximately 1:30 p.m. so that he could work on them during the Christmas break. Upon arrival at the campus at approximately 1:30 p.m., Respondent had a conversation with John Brian, a security officer, who advised him that he had experienced some problems with students who attempted to bring beer in the band hall. Respondent, having no knowledge that the students had planned a band party, became angry and immediately went to the band hall to evict the students that officer Brian told him that he had experienced problems with. Faced with those problems, Respondent made an announcement that at two o'clock the band room would be cleaned and that the party would be over. At approximately 2:15 p.m., the party was over and Respondent and Ben Carrioccio checked the area completely to see that the area was secure. Respondent advised Carrioccio that he had two phone calls to make and that inasmuch as they had secured the area, he could leave and he would see him after the Christmas holidays. Respondent stayed at the school and made phone calls to his wife and Peggy Yankowitz to return the bracelet that he had purchased. Respondent left school shortly after 3:00 p.m. and visited several friends and relatives, leaving Christmas gifts, attending pre-Christmas parties and, in general, taking care of pre-Christmas matters. Although Respondent and his wife were scheduled to leave for their vacation to the North Carolina mountains at approximately 12:00 Noon on Friday, December 15, 1978, they did not leave until the next morning since they retired for the evening at approximately 2:30 a.m. on Saturday morning. Respondent did not recall seeing Tosha Binns on the day of December 15, 1978. Respondent was suspended on February 9, 1979, based on the subject incident. During mid-February, 1979, Respondent had photos taken of the band area in order that he could reconstruct the events on December 15, 1978. Additionally, Respondent denied any improper conduct between Miss Binns and himself, and denied attempting to bribe Michael Holmes. Respondent also denied that he authorized Holmes to lock up the band area on the day in question. Peggy Yankowitz appeared and testified that the Respondent returned the bracelet which he had purchased the preceding day at approximately 3:00 p.m. on December 15, 1978. Ms. Yankowitz testified that the Respondent stayed at her residence until dark on the afternoon of December 15, 1978. Ben J. Carrioccio, a music teacher and Respondent's then assistant at Carol City Senior High School, appeared and testified that Respondent had no part in setting up a Christmas party for band students. Mr. Carrioccio testified that he and Respondent secured the band room at approximately 2:15 p.m., at which time he left the area. He testified that all the students had left when he left. Additionally, he added that the Respondent had a reputation for being, and is in fact, a strong disciplinarian. Patricia Allessio appeared and testified that she was an instructor at Carol City Senior High School for approximately sixteen years preceding the 1977-78 school year. She testified that she assisted Respondent in chaperoning band trips inasmuch as she was the Director of student activities. Ms. Allessio voiced her opinion that the Respondent was "too strict a disciplinarian." Carl L. Hanna, former Assistant Principal at Carol City Senior High School from 1975 through the 1978-79 school year, expressed his familiarity with the Respondent and offered that he had never observed the Respondent doing anything questionable during his tenure at Carol City and that Respondent often disciplined problem students. Nicholas Borota, a former Principal at Carol City Senior High School for the previous tan years, testified that the band instructors are always hired to continue their employment throughout the summer months inasmuch as continuity is essential to maintain a good music program in a high school. Principal Borota testified that the Respondent had no prior questionable involvements with students and that he (Respondent) always kept the band area and equipment under double lock and key.
Conclusions Based on the denials of student Tosha Binns, the Respondent and the corroborative testimony of Ben Carrioccio, Peggy Yankowitz and others indicating or otherwise supporting the conclusion that Respondent did not engage in any improper conduct with Tosha Binns as alleged, the ultimate conclusion is inevitable that insufficient evidence was offered to establish the allegations that the Respondent had engaged in acts of immorality in violation of Florida statutes section 231.26(6). Accordingly, I shall recommend that the Administrative Complaint filed herein be dismissed in its entirety. 2/
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Notice of charges filed herein be dismissed and that the Respondent be reinstated to his former or substantially equivalent position with back pay suffered as a result of his dismissal. The back pay award should be reduced by Respondent's interim earnings during the period in question. Additionally, it is recommended that the Respondent's personnel file by expunged of all materials respecting this subject incident. RECOMMENDED this 20th day of November, 1979, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 20th day of November, 1979.
The Issue The issue for determination is whether Respondent should be suspended, without pay and benefits, and terminated from employment with Petitioner for the offenses set forth in the Amended Administrative Complaint.
Findings Of Fact Ms. Maynard has a Bachelor of Science degree in Education (K-6) and a Master of Arts degree in Teaching (Special Education). Her prior teaching experience includes teaching in the United States, Korea, and Japan. Ms. Maynard began her employment with the School Board as a substitute teacher. She was a substitute teacher for approximately six years. In the Summer of 2004, Ms. Maynard was hired to teach at the Pompano Beach Elementary School (Pompano Beach Elementary). However, Pompano Beach Elementary had over-hired, and she was surplused-out to Cypress Elementary School (Cypress Elementary). For the 2004-2005 school year, Ms. Maynard began at Cypress Elementary as a kindergarten teacher. For the 2005-2006 school year, Ms. Maynard was reassigned as an elementary teacher at Cypress Elementary. The parties agree that the relevant time period in the instant case is the 2005-2006 and 2006-2007 school years. No dispute exists that, at all times material hereto, Ms. Maynard was an instructional employee, a third grade teacher, with the School Board at Cypress Elementary. On April 7, 2006, Ms. Maynard received a written reprimand from Cypress Elementary's Assistant principal, Barbara Castiglione (now, Barbara Castiglione-Rothman). The basis for the disciplinary action was Ms. Maynard's failure, twice, to comply with a directive from Ms. Castiglione--Ms. Maynard was requested to report to an academic meeting with Ms. Castiglione. Among other things, Ms. Maynard was advised that her failure to perform to the standards established for the effective and productive performance of her job duties would result in further disciplinary action up to and including a recommendation for termination of employment. A copy of the written reprimand was provided to Ms. Maynard. Ms. Maynard contended that she was not refusing to attend the meetings but wanted to meet with Ms. Castiglione when a witness of her own choosing could attend. Ms. Maynard wanted a witness to be present at the meetings because she viewed the meetings as disciplinary meetings even though Ms. Castiglione indicated that the meetings were not disciplinary meetings. Additionally, on April 7, 2006, Ms. Maynard made a written request for a transfer from Cypress Elementary. The type of transfer requested by Ms. Maynard was "Regular."2 Cypress Elementary's principal, Louise Portman, signed the request. The principal's signature, as well as the requester's signature, was required. No transfer occurred. PMPs During the 2006-2007 School Year Through School Board policy, implementing a Legislative mandate, all teachers at Cypress Elementary were required to develop an individualized progress monitoring plan (PMP) for each student, who was deficient in reading, in consultation with the student's parent(s). Data for the PMP were collected through reading assessments at the beginning of the school year to establish a student's reading level. The appropriate reading program for the student would be decided upon using the data. Also, who was going to teach the reading program would be decided. The PMP, among other things, identified the student's reading deficiency and set forth the plan to remediate the deficiency and enhance the student's achievement in reading, which included the proposed supplemental instruction services that would be provided to the student. PMPs were generated usually two to three weeks after the beginning of the school year. A copy of the PMP was provided to the student's parent(s). The PMP was referred to as a "living, fluid document." It was not unusual for PMPs to reflect interventions not being used at the time, i.e., it was permissible for PMPs to reflect interventions that were to be used during the school year. Further, the wording current on a PMP referred to interventions during the current school year, not necessarily at that time. PMPs were modified throughout the school year on an as needed basis depending upon a student's progress. On or about September 29, 2006, Ms. Portman advised Ms. Maynard that Ms. Maynard's PMPs must be deleted because the interventions listed on the PMPs were not on the Struggling Readers Chart and were, therefore, invalid. The Struggling Readers Chart was developed by the Florida Department of Education (DOE) and contained interventions approved by DOE. Cypress Elementary had a Reading Coach, Jennifer Murphins. Ms. Murphins advised Ms. Maynard that, in order to delete the PMPs, a list of the students, who were on the PMPs, was needed so that Ms. Murphins could provide the names to the person in the school district who was authorized to delete the PMPs. Further, Ms. Murphins advised Ms. Maynard that, once the PMPs were deleted, Ms. Maynard could input valid interventions for the students. The School Board's Curriculum Administrator, Mark Quintana, Ph.D., was the person who was designated to delete PMPs. It was not unusual for Dr. Quintana to receive a telephone call from a school to delete information from PMPs-- the request must originate from the school. Ms. Maynard resisted the deletion of the PMPs and refused to delete them time and time again. She suggested, instead, not deleting the PMPs, but preparing updated PMPs and sending both to the students' parents. Her belief was that she could not put proposed interventions on the PMPs, but that she was required to only include interventions that were actually being used with the students at the time. Even though Ms. Maynard was advised by Ms. Portman that proposed interventions could be included on PMPs, Ms. Maynard still refused to provide Ms. Murphins with the list of the students. Furthermore, Ms. Maynard insisted that including interventions not yet provided, but to be provided, on the PMPs was contrary to Florida's Meta Consent Agreement. She had not read the Meta Consent Agreement and was unable to provide Ms. Portman with a provision of the Meta Consent Agreement that supported a contradiction. Ms. Portman directed Ms. Murphins to contact Dr. Quintana to delete the PMPs for Ms. Maynard's students. Ms. Murphins did as she was directed. The PMPs were deleted. On or about October 5, 2006, Ms. Maynard notified Ms. Portman by email that a complaint against Ms. Portman was filed by her with DOE regarding, among other things, the changing of the PMPs and the denying to her students equal access to the reading curriculum and trained professionals. On or about October 30, 2006, Ms. Castiglione sent a directive by email to all teachers regarding, among other things, placing PMPs and letters to parents in the students' report card envelopes. Ms. Maynard refused to comply with Ms. Castiglione's directive because, among other things, the students' PMPs for Ms. Maynard had been deleted and to rewrite the PMPs with interventions that were not actually used by the students was considered falsifying legal documents by Ms. Maynard. On or about October 31, 2006, Ms. Portman directed Ms. Maynard to rewrite the PMPs. Ms. Maynard continued to refuse to obey Ms. Portman's directive. Around November 2006, Ms. Maynard lodged "concerns" about Ms. Portman with the School Board's North Area Superintendent, Joanne Harrison, Ed.D., regarding the PMPs and the instruction of English Language Learners (ELL). Dr. Harrison requested Dr. Quintana and Sayra Hughes, Executive Director of Bilingual/Foreign Language/ESOL Education, to investigate the matter. Dr. Quintana investigated and prepared the report on the PMP concerns, which included findings by Dr. Quintana as to Ms. Maynard's concerns. Ms. Hughes investigated and prepared the report on the ELL concerns, which included findings by Ms. Hughes as to Ms. Maynard's concerns. Dr. Harrison provided a copy of both reports to Ms. Maynard. Included in the findings by Dr. Quintana were: (a) that a school's administration requesting the deletion of PMPs was appropriate; (b) that PMPs are intended to document support programming that was to occur during the school year; (c) that including a support program that was not initially implemented, but is currently being implemented, is appropriate; and (d) that the School Board should consider revising the parents' letter as to using the term "current" in that current could be interpreted to mean the present time. Also, included in the findings by Dr. Quintana were: (a) the principal's direction to the teachers, as to the deadline for sending PMPs home by the first quarter report card, was equivalent to the School Board's deadline for sending PMPs home; (b) teacher signatures were not required on PMPs; (c) the principal has discretion as to whether to authorize the sending home of additional PMPs and, with the principal's consent, PMPs can be modified and sent home at any time throughout the school year; and (d) Ms. Maynard completed all of her students' PMPs. Ms. Maynard's concerns regarding ELLS were that Ms. Portman was denying ELLs equal access and had inappropriately adjusted Individual Reading Inventories (IRI) scores of ELLs. Ms. Hughes found that Ms. Maynard only had allegations or claims, but no documentation to substantiate the allegations or claims. As a result, Ms. Hughes concluded that Ms. Portman had committed no violations. As a result of the investigation by Dr. Quintana and Ms. Hughes, Dr. Harrison determined and advised Ms. Maynard, among other things, that no violations had been found in the areas of PMP process, management or implementation and students' equal access rights and that the investigation was officially closed and concluded. Further, Dr. Harrison advised Ms. Maynard that, should additional concerns arise, Ms. Portman, as principal, was the first line of communication and that, if concerns or issues were not being resolved at the school level, the School Board had a process in place that was accessible. Ms. Maynard admits that she was not satisfied with the determination by Dr. Harrison. Ms. Maynard does not dispute that the deleting of the PMPs were directives from Ms. Portman and that Ms. Portman had the authority to give directives. Ms. Maynard disputes whether the directives were lawful directives and claims that to change the PMPs as directed would be falsifying the reading materials used by her students and, therefore, falsifying PMPs. A finding of fact is made that the directives were reasonable and lawful. Interaction with Students and Parents Ms. Maynard's class consisted of third graders. In addition to reading deficiencies indicated previously, some of her students also had behavioral issues. Ms. Maynard was heard by staff and teachers yelling at her students. For instance, the Media Specialist, Yvonne "Bonnie" Goldstein, heard Ms. Maynard yelling at her (Ms. Maynard's) students. The Media Center was across the hall from Ms. Maynard's classroom and had no doors. On one occasion, Ms. Goldstein was so concerned with the loudness of the yelling, she went to Ms. Maynard's room to determine whether something was wrong; Ms. Maynard assured her that nothing was wrong. Paraprofessionals working in the cafeteria have observed Ms. Maynard yelling at her students. Some teachers reported the yelling to Ms. Portman in writing. The Exceptional Student Education (ESE) Specialist and Administrative Designee, Marjorie DiVeronica, complained to Ms. Portman in writing regarding Ms. Maynard yelling at her students. A Haitian student was in Ms. Maynard's class for approximately two weeks during the beginning of the 2006-2007 school year. The student was not performing well in school. The student's father discussed the student's performance with Ms. Maynard. She indicated to the father that Ms. Portman's directives to teachers, regarding reading services, i.e., PMPs, had negatively impacted his son's performance. Ms. Maynard assisted the father in preparing a complaint with DOE, dated October 12, 2006, against Ms. Portman. Among other things, the complaint contained allegations against Ms. Portman regarding a denial of equal access to trained teachers and the reading curriculum in violation of Florida's Meta Consent Agreement and the Equal Education Opportunity Act. Ms. Portman was not aware that the parent had filed a complaint against her with DOE. Additionally, on October 16, 2006, Ms. Portman held a conference with the Haitian parent. Among other things, Ms. Portman discussed the reading services provided to the parent's child by Cypress Elementary. Ms. Portman provided a summary of the conference to Ms. Maynard. Ms. Maynard responded to Ms. Portman's summary on that same day. In Ms. Maynard's response, she indicated, among other things, that Ms. Portman did not give the Haitian parent accurate information regarding the child. Interaction with Staff (Non-Teachers) A system of awarding points to classes was established for the cafeteria at Cypress Elementary. A five-point system was established in which classes were given a maximum of five points daily. Classes entered in silence and departed in silence. Points were deducted if a class did not act appropriately. An inference is drawn and a finding of fact is made that the five-point system encouraged appropriate conduct by students while they were in the cafeteria. The cafeteria was overseen by Leonor Williamson, who was an ESOL paraprofessional, due to her seniority. The paraprofessionals were responsible for the safety of the students while the students were in the cafeteria. The paraprofessionals implemented the five-point system and came to Ms. Williamson with any problems that they had involving the cafeteria. On or about December 11, 2006, Ms. Maynard's students entered the cafeteria and were unruly. Ms. Williamson instructed the paraprofessional in charge of the section where the students were located to deduct a point from Ms. Maynard's class. Ms. Maynard was upset at Ms. Williamson's action and loudly expressed her displeasure to Ms. Williamson, demanding to know the basis for Ms. Williamson's action. Ms. Maynard would not cease complaining, so Ms. Williamson eventually walked away from Ms. Maynard. Ms. Williamson was required to oversee the safety of the students in the cafeteria and, in order to comply with this responsibility, she had to remove herself from the presence of Ms. Maynard. Ms. Maynard also complained to another teacher, who was attempting to leave the cafeteria with her own students. Additionally, the lunch period for each teacher's class is 30 minutes. On that same day, Ms. Maynard took her class from one section to another section in the cafeteria to serve ice cream to the students. As a result, Ms. Maynard surpassed her lunch period by approximately ten minutes and, at the same time, occupied another class' section. Ms. Williamson viewed Ms. Maynard's conduct as unprofessional during the incident and as abusing the scheduled time for lunch. On or about December 12, 2006, Ms. Williamson notified Ms. Portman about the incidents and requested Ms. Portman to remind Ms. Maynard of the cafeteria workers' responsibility to the students and the lunch period set-aside for each class. The incident on or about December 11, 2006, was not the first time that Ms. Williamson had instructed paraprofessionals to deduct points from Ms. Maynard's class. Each time points were deducted, Ms. Maynard became upset and loudly expressed her displeasure to Ms. Williamson. Ms. Williamson felt intimidated by Ms. Maynard. Also, paraprofessionals had deducted points from Ms. Maynard's class on their own accord without being directed to do so by Ms. Williamson. Whenever the deductions occurred, Ms. Maynard expressed her displeasure with the paraprofessionals' actions and often yelled at them in the presence of students and teachers. Another cafeteria situation occurred in December 2006. A paraprofessional, who was in charge of the section where Ms. Maynard's students ate lunch, observed some of the students not conducting themselves appropriately. The paraprofessional decided to deduct one point from Ms. Maynard's class and to indicate to Ms. Maynard why the point was deducted. Furthermore, the paraprofessional decided that the conduct did not warrant a disciplinary referral. Upon becoming aware of the incident, Ms. Maynard, who did not witness the conduct, wrote disciplinary referrals on the students involved and submitted them to Ms. Castiglione. The policy was that a referral could be written only by the staff person who observed the incident. Ms. Castiglione discussed the incident with the paraprofessional who indicated to Ms. Castiglione that the conduct did not warrant a disciplinary referral. As a result, Ms. Castiglione advised Ms. Maynard that, based upon the paraprofessional's decision and since Ms. Maynard did not witness the incident, Ms. Maynard's referrals would not be accepted and the matter was closed. Ms. Maynard did not agree with the paraprofessional's decision. Ms. Maynard approached the paraprofessional with disciplinary referrals on the students and presented the referrals and strongly encouraged the paraprofessional to sign the referrals. The paraprofessional refused to sign the referrals. Interaction with Staff (Teachers and Administrators) Safety procedures for the Media Center were established by the Media Specialist, Yvonne "Bonnie" Goldstein. At one point in time, Ms. Maynard wanted to bring all of her students to Distance Learning. Because of safety concerns, Ms. Goldstein advised Ms. Maynard that all of her students could not attend at the same time. However, Ms. Maynard brought all of her students anyway. Ms. Goldstein had no choice but to preclude Ms. Maynard from entering the Media Center. Additionally, at another point in time, Ms. Maynard requested, by email, that Ms. Goldstein provide all of her (Ms. Maynard's) students with New Testament Bibles. That same day, Ms. Goldstein advised Ms. Maynard that only two Bibles were in the Media Center and, therefore, the request could not be complied with. Disregarding Ms. Goldstein's reply, Ms. Maynard sent her students to the Media Center that same day in twos and threes, requesting the New Testament Bibles. When the two Bibles on-hand were checked-out, Ms. Goldstein had no choice but to offer the students alternative religious material. During 2005-2006 and 2006-2007, Terri Vaughn was the Team Leader of the third grade class. As Team Leader, Ms. Vaughn's responsibilities included being a liaison between team members and the administration at Cypress Elementary. Ms. Vaughn's personality is to avoid confrontation. Ms. Vaughn had an agenda for each team meeting. During team meetings, Ms. Maynard would deviate from the agenda and discuss matters of her own personal interest, resulting in the agenda not being completed. Also, Ms. Maynard would occasionally monopolize team meetings. Additionally, in team meetings, Ms. Maynard would indicate that she would discuss a problem student with parents who were not the student's parents. As time progressed, during team meetings, Ms. Maynard would engage in outbursts. She would become emotional on matters and raise her voice to the point of yelling. Also, it was not uncommon for Ms. Maynard to point her finger when she became emotional. At times, Ms. Maynard would have to leave the meetings and return because she had begun to cry. Additionally, at times after an outburst, Ms. Maynard would appear as if nothing had happened. Further, during team meetings, Ms. Maynard would excessively raise the subject of PMPs and accuse Ms. Portman of directing her to falsify PMPs or Title I documents. Ms. Vaughn did not report Ms. Maynard's conduct at team meetings to Ms. Portman. However, a written request by a majority of the team members, who believed that the team meetings had become stressful, made a request to the administration of Cypress Elementary for a member of the administration to attend team meetings; their hope was that an administrator's presence would cause Ms. Maynard to become calmer during the team meetings. An administrator began to attend team meetings. Marjorie DiVeronica, an Exceptional Student Education (ESE) Specialist, was an administrative designee, and Ms. Portman designated Ms. DiVeronica to attend the team meetings. Ms. DiVeronica would take notes, try to keep meetings moving, and report to Ms. Portman what was observed. Discussions were stopped by Ms. DiVeronica, and she would redirect the meetings to return to the agenda. Even with Ms. DiVeronica's presence, Ms. Maynard would raise her voice. At one team meeting attended by Ms. Portman, Ms. Maynard would not stop talking and the agenda could not move. Ms. Portman requested Ms. Maynard to stop talking, but Ms. Maynard would not stop. Ms. Portman placed herself in close proximity to Ms. Maynard in order to defuse the situation and raised her voice in order to get Ms. Maynard's attention. Ms. Portman dismissed the meeting. Additionally, at a team meeting, Ms. Maynard had become emotional. Ms. Castiglione was in attendance at that meeting. Ms. Maynard raised her voice and was shouting and yelling and pointing her finger at Ms. Castiglione. Ms. Maynard continued her conduct at the team meetings no matter whether Ms. Portman, Ms. Castiglione, or Ms. DiVeronica attended the meetings. Outside of team meetings, Ms. Vaughn reached the point that she avoided contact with Ms. Maynard due to Ms. Maynard's constantly complaining of matters that were of her (Ms. Maynard's) own personal interest, which resulted in long conversations. Ms. Vaughn's classroom was next to Ms. Maynard's classroom. A closet, with a desk in it, was in Ms. Vaughn's room. At least two or three times, in order to complete some work, Ms. Vaughn went into the closet and closed the door. Another team member, Elizabeth Kane, also made attempts to avoid Ms. Maynard. Ms. Kane viewed Ms. Maynard as making the team meetings stressful. Also, Ms. Kane was uncomfortable around Ms. Maynard due to Ms. Maynard's agitation and, furthermore, felt threatened by Ms. Maynard when Ms. Maynard became agitated. Additionally, Ms. Kane made a concerted effort to avoid Ms. Maynard outside of team meetings. Ms. Kane would "duck" into another teacher's classroom or into a stall in the bathroom to avoid Ms. Maynard. Barbara Young, a team member, tried to be someone to whom Ms. Maynard could come to talk. Ms. Young was never afraid of or felt threatened by Ms. Maynard. Further, regarding the cafeteria incident in December 2006, which Ms. Maynard did not witness, Ms. Maynard did not allow the incident to end with Ms. Castiglione's determination to agree with the paraprofessional's decision to not issue disciplinary referrals. Ms. Maynard, firmly believing that Ms. Castiglione's action was unfair, openly disagreed with the decision in the presence her (Ms. Maynard's) students and strongly encouraged some of the students to go to Ms. Castiglione and protest Ms. Castiglione's determination. Some of the students went to Ms. Castiglione regarding her disciplinary determination. Ms. Castiglione explained her determination to the students, including the process and the reasoning why she did what she did. The students were satisfied with the determination after hearing Ms. Castiglione's explanation. Further, the students indicated to Ms. Castiglione that they had no desire to go to her, but Ms. Maynard wanted them to do it. Ms. Maynard's action had undermined Ms. Castiglione's authority with the students. LaShawn Smith-Settles, Cypress Elementary's Guidance Counselor, never felt threatened by Ms. Maynard or viewed Ms. Maynard as being hostile towards her. However, Ms. Maynard did make her feel uncomfortable. A second grade teacher, Paja Rafferty, never felt threatened by Ms. Maynard. Excessive Emails Communication thru emails is the standard operating procedure at Cypress Elementary. However, Ms. Maynard engaged in excessive emails. Ms. Maynard's emails were on relevant areas. However, she would not only send the email to the staff member, whether teacher or administrator, who could directly respond to her, but would copy every teacher and administrator. This process and procedure used by Ms. Maynard resulted in massive emails being sent to staff who might or might not have an interest in the subject matter. One such staff person, who took action to stop receiving the emails, was Ms. Kane. Ms. Kane was inundated with Ms. Maynard's emails regarding matters on which Ms. Kane had no interest or concern. To stop receiving the emails, Ms. Kane sent Ms. Maynard an email, twice, requesting that Ms. Maynard remove her (Ms. Kane) from the copy list. However, Ms. Maynard did not do so. Due to the massive number of emails sent to Ms. Portman by Ms. Maynard, a significant portion of Ms. Portman's time was devoted to responding to the emails. Ms. Portman had less and less time to devote to her responsibilities as principal of Cypress Elementary. Eventually, Ms. Portman was forced to curtail Ms. Maynard's emails. None of Ms. Maynard's emails threatened teachers, staff, or students. Additional Directives During the time period regarding the PMPs, Ms. Portman became concerned that the parents of Ms. Maynard's students were being misinformed by Ms. Maynard as to the students' performance and as to Cypress Elementary and Ms. Portman addressing the students' performance. On November 3, 2006, Ms. Portman held a meeting with Ms. Maynard. Also, in attendance were Ms. Castiglione and Patricia Costigan, Broward Teachers Union (BTU) Steward. During the meeting, among other things, Ms. Portman directed Ms. Maynard not to have conferences with a parent unless an administrator was present, either Ms. Portman or Ms. Castiglione, in order to assure that parents were not misinformed. A summary of the meeting was prepared on November 6, 2006. A copy of the summary was provided to Ms. Maynard and Ms. Costigan. Subsequently, Ms. Portman received a letter from a parent dated December 20, 2006. The parent stated, among other things, that the parent had approximately a two-hour telephone conversation, during the evening of December 19, 2006, with Ms. Maynard about the parent's child, who was a student in Ms. Maynard's class. Further, the parent stated that her son was referred to by Ms. Maynard as a "fly on manure." Even though Ms. Maynard denies some of the statements attributed to her by the parent and the time span of the telephone conversation, she does not deny that she had the telephone conversation with the parent. On December 20, 2006, Ms. Portman and Ms. Castiglione went to Ms. Maynard's classroom to remind Ms. Maynard of the directive. Ms Maynard was not in her classroom but was in another teacher's room, Barbara Young, with another teacher. Ms. Portman requested Ms. Maynard to come into Ms. Maynard's classroom so that she and Ms. Castiglione could talk with Ms. Maynard out of the presence of the other teachers. Ms. Maynard refused to leave Ms. Young's classroom indicating that whatever had to be said could be said in front of everyone, in front of witnesses. Ms. Portman, complying with Ms. Maynard's request, proceeded to remind Ms. Maynard of the directive to not conference with parents unless an administrator was present. Ms. Maynard became very agitated and yelled at them, indicating that she (Ms. Maynard) wanted what was said in writing and that she (Ms. Maynard) was not going to comply with the directive. Shortly before Winter break, on or about December 21, 2006, in the morning, Ms. Portman noticed Ms. Maynard by letter that a pre-disciplinary meeting would be held on January 10, 2006, regarding insubordination by Ms. Maynard. Among other things, the notice directed Ms. Maynard to "cease and desist all contact with parents" until the meeting was held. Later in the afternoon, after the administrative office was closed, Ms. Maynard returned to Ms. Portman's office. Ms. Maynard confronted Ms. Portman and Ms. Castiglione about the notice, wanting to know what it was all about. Ms. Maynard was very agitated and emotional, raising her voice and pointing her finger. Ms. Portman indicated to Ms. Maynard that the requirement was only to provide the notice, with the meeting to be held later. Ms. Portman asked Ms. Maynard several times to leave because the office was closed; Ms. Maynard finally left. After Ms. Maynard left Ms. Portman's office, Ms. Portman could hear Ms. Maynard talking to other staff. Ms. Portman was very concerned due to Ms. Maynard's agitation and conduct. Ms. Portman contacted the School Board's Professional Standards as to what to do and was told to request all employees, except day care, to leave. Ms. Portman did as she was instructed by Professional Standards, getting on the intercom system and requesting all employees, except for day care, to leave, not giving the employees the actual reason why they were required to leave. Unbeknownst to Ms. Portman, Ms. Maynard had departed Cypress Elementary before she (Ms. Portman) instructed the employees to leave. Regarding the afternoon incident, Ms. Maynard felt "helpless" at that point. She had been informed by Professional Standards to go to administration at Cypress Elementary with her concerns, who was Ms. Portman. Ms. Maynard viewed Ms. Portman as the offender, and, therefore, she was being told to go to offender to have her concerns addressed. On January 9, 2007, a Child Study Team (CST) meeting was convened to address the academic performance of a few of Ms. Maynard's students. Ms. Maynard had referred the students to the CST. The CST's purpose was to provide support for the student and the teacher by problem-solving, using empirical data to assist with and improve a child's academic performance and behavior, and making recommendations. No individual member can override a team's recommendation, only a principal could do that. On January 9, 2007, the CST members included, among others, Ms. DiVeronica, who was the CST's leader; Miriam Kassof, School Board Psychologist; and LaShawn Smith-Settles, Cypress Elementary's Guidance Counselor. Also, in attendance were Ms. Maynard and Ms. Castiglione, who, at that time, was an intern principal. During the course of the meeting, Ms. Maynard diverted the discussion from the purpose of the meeting to her wanting two of the students removed from her class. She began discussing the safety of the other students in the class, which was viewed, at first, as being well-meaning, however, when she insisted on the removal of the two students, she became highly emotional, stood-up, and was yelling. Members of the CST team attempted to de-escalate the situation, but Ms. Maynard was not willing to engage in problem solving and her actions were counterproductive. Due to Ms. Maynard's constant insistence on discussing the removal of the students from her class, the CST was not able to meet its purpose within the time period set- aside for the meeting. However, before the CST meeting ended, one of the recommendations made was for Ms. Maynard to collect daily anecdotal behavioral notes regarding one of the students and for the behavioral notes to be sent home to the student's parent. Ms. Castiglione gave Ms. Maynard a directive that, before the behavioral notes were sent home to the parent, the behavioral notes were to be forwarded to Ms. Castiglione for review and approval. Ms. Maynard resisted preparing behavioral notes, expressing that that plan of action would not help the situation. The CST members viewed Ms. Maynard's conduct as being unproductive, inappropriate, and unprofessional. On January 10, 2007, a pre-disciplinary meeting was held regarding Ms. Portman considering disciplinary action against Ms. Maynard for insubordination. Attendees at the meeting included Ms. Portman; Ms. Castiglione (at that time intern principal); Ms. Maynard; Jacquelyn Haywood, Area Director; Cathy Kirk, Human Resources; and Andrew David, Attorney for Ms. Maynard. The basis for the insubordination was Ms. Maynard's refusal to comply with Ms. Portman's directive for Ms. Maynard not to conference with parents unless an administrator was present. Ms. Portman pointed out that Ms. Maynard had a telephone conversation with a parent, regarding the parent's child, on December 19, 2006, without an administrator being present and showed Ms. Maynard the letter written by the parent to Ms. Portman, dated December 20, 2006. Ms. Maynard admitted only that she had the telephone conversation. Ms. Portman asked Ms. Maynard to provide a compelling reason as to why the disciplinary action should not be taken; Ms. Maynard did not respond. Ms. Portman reiterated the directive and advised Ms. Maynard that a letter of reprimand would be issued. A summary of the pre-disciplinary meeting was prepared. Ms. Maynard was provided a copy of the summary. On January 17, 2007, a written reprimand was issued by Ms. Portman against Ms. Maynard for failure to adhere to the administrative directive of not having a parent conference unless an administrator was present. The written reprimand stated, among other things, that Ms. Maynard had a parent's conference on the telephone with a student's parent without an administrator being present and that Ms. Maynard failed to present a compelling reason as to why no disciplinary action should be taken. Furthermore, the written reprimand advised Ms. Maynard that any further failure to perform consistent with the standards established for the effective and productive performance of her job duties, as a third grade teacher, would result in further disciplinary action up to and including a recommendation for termination of employment. Ms. Maynard received a copy of the written reprimand. After the Written Reprimand of January 17, 2007 Also, on January 17, 2007, Ms. Portman held a meeting with Ms. Maynard which was not a disciplinary meeting, but was a meeting for Ms. Portman to discuss her concerns and job expectations with Ms. Maynard. In addition to Ms. Portman and Ms. Maynard, attendees at the meeting included Ms. Castiglione; Jacqueline Haywood, Area Director; Cathy Kirk, Human Resources; and Mary Rutland, BTU Steward. Ms. Portman discussed five concerns and issued five directives. The first concern of Ms. Portman was Ms. Maynard's unprofessional behavior. The examples provided by Ms. Portman were Ms. Maynard's (a) yelling at paraprofessional staff in the cafeteria; (b) yelling at administrators, referencing the incident on December 20, 2006; and (c) continuing to publicly accuse Cypress Elementary's administrators of falsifying documents after an investigation had determined the accusation to be unfounded. Further, the directive that Ms. Portman issued to Ms. Maynard was to cease and desist all unprofessional and inappropriate behavior. Ms. Portman's second concern was unprofessional and inappropriate comments. The examples provided by Ms. Portman were Ms. Maynard's (a) indicating on December 20, 2006, while she was in Ms. Young's room, that she would not comply with the directives of which she was reminded by Ms. Portman; (b) speaking to a parent and referring to the parent's child as a "fly on manure"; and (c) telling parents, during conferences, that there was a problem at Cypress Elementary. Further, the directive that Ms. Portman issued to Ms. Maynard was to cease and desist all unprofessional and inappropriate comments. Additionally, Ms. Portman reminded Ms. Maynard that all notes were required to be submitted to administration for review no later than 1:00 p.m., except for student daily behavioral notes, which were to be submitted at 1:30 p.m. The third concern of Ms. Portman was continued dialogue of PMPs and ESOL issues. Ms. Portman indicated that the district had reviewed Ms. Maynard's issues and concerns and had responded to them. Further, the directive that Ms. Portman issued to Ms. Maynard was that the said issues were considered closed and that, if Ms. Maynard wished to pursue the said issues, she should contact her attorney. Ms. Portman's fourth concern was unmanageable emails sent by Ms. Maynard. The example provided by Ms. Portman was that she had received over 200 emails from Ms. Maynard. Ms. Portman indicated that the procedure that Ms. Maynard was required to follow when she (Ms. Maynard) had issues or concerns that needed to be addressed was (a) make an appointment with the administrator through the confidential secretary, identifying that person; and (b) provide the confidential secretary with the issue in writing. Only when (a) and (b) were complied with, would either Ms. Portman or Ms. Castiglione meet with Ms. Maynard, during Ms. Maynard's planning time, on the issue at the appointment time. Further, the directive that Ms. Portman issued to Ms. Maynard was that Ms. Maynard would cease and desist sending issues via emails and that conferences would be scheduled per the procedure outlined. The fifth concern of Ms. Portman's was protocol compliance. Ms. Portman indicated that the proper procedure for Ms. Maynard to adhere to when Ms. Maynard had a complaint or concern was to first, contact her (Ms. Maynard's) supervisor, not the area office, wherein Ms. Maynard would be provided with an opportunity to meet with an administrator. Additionally, as to meeting with an administrator, (a) Ms. Maynard would meet with either Ms. Portman or Ms. Castiglione; (b) an appointment with the administrator would be made through the confidential secretary, identifying that person; (c) Ms. Maynard would provide the confidential secretary with the issue or concern in writing; (d) only when (b) and (c) were complied with, would either Ms. Portman or Ms. Castiglione meet with Ms. Maynard, during Ms. Maynard's planning time, on the issue or concern at the appointment time; (e) administration would address the issue or concern and after the issue or concern had been presented to administration, Ms. Maynard was to consider the issue or concern closed. Further, the directive that Ms. Portman gave to Ms. Maynard was that Ms. Maynard was to comply with the protocol outlined for all of her concerns. Moreover, Ms. Portman indicated that a failure by Ms. Portman to follow all of the directives would result in disciplinary action up to and including termination from employment. A summary of the meeting of concerns and job expectations was prepared. On January 18, 2007, Ms. Portman noticed Ms. Maynard by letter that a pre-disciplinary meeting would be held on January 29, 2007, regarding gross insubordination by Ms. Maynard. Among other things, the notice directed Ms. Maynard to "cease and desist all communication with parents both written and oral" until the meeting was held. The notice was hand-delivered to Ms. Maynard at Cypress Elementary. On or about January 22, 2007, Ms. Portman held a meeting to develop a strategic plan to help motivate one of Ms. Maynard's students, who was in foster care, in the areas of academics and behavior. In addition to Ms. Portman, attendees at the meeting included, among others, Ms. Castiglione; Ms. Smith-Settles; and the student's Guardian Ad-Litem. During the meeting, the Guardian Ad-Litem indicated that Ms. Maynard had telephoned the student's foster parent, engaged in more than a 45-minute conversation, and, during the telephone conversation, made negative comments about Cypress Elementary. On January 23, 2007, Ms. Portman provided Ms. Maynard with a Notice of Special Investigative/Personnel Investigation (Notice) by hand-delivery. The Notice stated, among other things, that the investigation regarded allegations that Ms. Maynard was creating a hostile environment. The Notice directed Ms. Maynard not to engage anyone, connected with the allegations, in conversation regarding the matter and advised that a violation of the directive could result in disciplinary action for insubordination. Further, the Notice advised Ms. Maynard that, if she had any question regarding the status of the investigation, she should contact Joe Melita, Executive Director of Professional Standards and Special Investigative Unit, providing his contact telephone number. The Notice was provided to Ms. Maynard as a result of Ms. Portman making a request for the investigation on January 17, 2007. The request indicated that the allegations were: (1) yelling at paraprofessional staff in the cafeteria; (2) yelling at both the principal and assistant principal on December 20, 2006; (3) accusing the principal of falsifying documents even after the school district investigation found the accusation unwarranted; (4) not complying with directives; and accusing the principal of lying to a parent at a conference. The pre-disciplinary meeting noticed for January 29, 2007, was not held due to the placing of Ms. Maynard under investigation. On or about January 25, 2007, Ms. Maynard was temporarily reassigned to the School Board's Textbook Warehouse by Mr. Melita. Temporary reassignment is standard operating procedure during an investigation. Teachers are usually temporarily reassigned to the Textbook Warehouse. Because of the investigation, Ms. Maynard could not return to Cypress Elementary or contact anyone at Cypress Elementary without Mr. Melita's authorization. The SIU investigator assigned to the case was Frederick Davenport. On August 14, 2007, Investigator Davenport went to the Textbook Warehouse to serve a notice of reassignment on Ms. Maynard from Mr. Melita that her reassignment was changed immediately and that she was reassigned to Crystal Lake Community Middle School. The notice of reassignment required Ms. Maynard's signature. Investigator Davenport met with Ms. Maynard in private in the conference room and advised her of his purpose, which was not to perform any investigative duties but to serve the notice of reassignment and obtain her signature. Ms. Maynard refused to sign the notice of reassignment because it was not signed by Mr. Melita and left. Investigator Davenport contacted Professional Standards and requested the faxing of an executed notice of reassignment by Mr. Melita to the Textbook Warehouse. Professional Standards complied with the request. Investigator Davenport met again with Ms. Maynard in private in the conference room. Ms. Maynard refused to sign the executed notice of reassignment. She felt threatened by Investigator Davenport and ran from the room into the parking area behind the Textbook Warehouse at the loading dock. A finding of fact is made that Investigator Davenport did nothing that the undersigned considers threatening. Investigator Davenport did not immediately follow Ms. Maynard but eventually went to the steps next to the loading dock, however, he did not approach Ms. Maynard in the parking lot. Ms. Maynard refused to talk with Investigator Davenport, expressing her fear of him, and contacted the Broward County Sheriff's Office (BSO). A BSO deputy came to the parking lot. After Ms. Maynard discussed the situation with the BSO deputy and a friend of Ms. Maynard's, who arrived at the scene, she signed the notice of reassignment. Investigator Davenport delivered the notice of reassignment to Professional Standards. Investigator Davenport completed his investigation and forwarded the complete investigative file and his report to his supervisor for approval. At that time, his involvement in the investigation ended. His supervisor presented the investigation to Professional Standards. On or about September 19, 2007, the Professional Standards Committee found probable cause that Ms. Maynard had created a hostile work environment and recommended termination of her employment. The Flyer On April 27, 2009, a town hall meeting was held by the School Board at the Pompano Beach High School's auditorium. That town hall meeting was one of several being held the same night by the School Board. The process and procedure for the town hall meeting included (a) all persons who wished to speak were required to sign-up to speak and (b), if they desired to distribute documents, prior to distribution, the documents were required to be submitted and receive prior approval. Security was at the auditorium, and Investigator Davenport was one of the security officers. During the town hall meeting, an unidentified man rose from his seat, began to talk out-of-turn and loud, was moving toward the front where School Board officials were located, and was distributing a flyer. The actions of the unidentified man got the attention of Investigator Davenport and caused concern about the safety of the School Board officials. Investigator Davenport and the other security officer approached the unidentified man, obtained the flyer, and escorted him out of the auditorium. Once outside, the unidentified man indicated, among other things, that he had not obtained prior approval to distribute the flyer. The unidentified man did not identify who gave him the flyer. Investigator Davenport observed that the flyer was placed on most of the vehicles in the auditorium's parking lot. Once Investigator Davenport and his fellow security officer were convinced that the unidentified man was not a threat to the School Board officials, they released the unidentified man who left the area. Neither Investigator Davenport nor his fellow security officer saw Ms. Maynard at the town hall meeting or had any indication that she had been there. Neither Investigator Davenport nor his fellow security officer had any indication that Ms. Maynard had requested the man to distribute the flyer. The flyer was signed by Ms. Maynard and dated April 27, 2009. The heading of the flyer contained the following: "PARENTS FOR FULL DISCLOSURE"; an email address; and "PROTECT YOUR CHILDREN." The content of the flyer included statements that Ms. Maynard was a teacher in 2006 at Cypress Elementary and was directed twice by her administrators in emails to falsify Title I documents; that she was directed to mislead parents about materials and services that the students were legally entitled to; that many of the students failed because they were denied the materials and services; that she refused to follow the directives and filed complaints with the proper authorities; that in 2008, Ms. Portman, who gave the directives to Ms. Maynard, was removed from Cypress Elementary, along with Ms. Murphins and Dr. Harrison--the flyer also indicated the new locations of the individuals; that persons, who were interested in learning how to prevent themselves from being misinformed and to protect their children from being denied the materials and services, should contact Ms. Maynard at the email address on the flyer; and that parents who gather together have more power than teachers to influence the school districts. Ms. Maynard had no determinations or proof to support any of the allegations in the flyer, only her belief. Recognizing that the flyer contained statements similar to the statements of his investigative report, Investigator Davenport forwarded the flyer to Mr. Melita. Ms. Maynard admits that she prepared the flyer and signed it. She indicates that an individual who claimed to be a member of the parent group, Parents For Full Disclosure, contacted and met with her. That individual, who also did not reveal her identity, requested Ms. Maynard to prepare the flyer and informed Ms. Maynard that the flyer would be distributed at the town hall meeting. Filing Various Complaints with Investigative Agencies Ms. Maynard filed various complaints with public investigative agencies regarding: harassment during the investigation; minority teachers being investigated, reassigned to the Textbook Warehouse, and not receiving annual evaluations; and the flyer. The public investigative agencies included the FBI, Broward County EEOC, federal EEOC, Florida Public Service Commission, and Florida Commission on Human Relations. No evidence was presented to show that Ms. Maynard was prohibited from filing the complaints. Contract Status At the time of the investigation of Ms. Maynard in January 2007 for creating a hostile work environment, she was under a continuing contract. Further, at the time that Professional Standards determined probable cause, on or about September 19, 2007, that Ms. Maynard had created a hostile work environment, she was under a continuing contract. Ms. Maynard testified that, on November 2, 2007, she received and signed a professional services contract, which the School Board did not refute. A finding of fact is made that, on November 2, 2007, she received and signed a professional services contract.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Broward County School Board enter a final order: Finding that Doreen Maynard committed misconduct, immorality, and gross insubordination, violating section 1012.33(4)(c), Florida Statutes (2007), and Florida Administrative Code Rules 6B-1.001, 6B-1.006, and 6B-4.009(2), (3), and (4); and Suspending Doreen Maynard, without pay and benefits, and terminating her employment. DONE AND ENTERED this 21st day of July, 2011, in Tallahassee, Leon County, Florida. S ERROL H. POWELL 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 21st day of July, 2011.
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: At all times material hereto, the Respondent held teaching certificate number 498171, issued by the Department of Education for the State of Florida. The Respondent's teaching certificate covers the areas of mathematics and physics. The Respondent was hired in mid-October of 1984 to teach chemistry and physics for the 1984-85 academic year at Pompano Beach High School. During a science experiment at a fifth period advanced physics class on December 19, 1984, a student asked Respondent if alcohol could be brought to the class Christmas party scheduled for December 20, 1984. The Respondent replied that students could bring alcohol but that hard liquor would not be allowed. Prior to December 20, 1984, the Respondent announced to his third period class that there would be a party during his fifth period class on December 20, 1984, and that students who wished to come to his fifth period class to participate in the party would be permitted to do so. The Respondent stated that, if necessary, he would write "passes" for students who wanted to attend. On December 19, 1984, the Respondent announced to his seventh period class that some of his other classes were having parties the following day and that they too could have a party on December 20, 1984, and could bring beer if they wanted to do so. On December 20, 1984, the Christmas party in Respondent's fifth period class went on as scheduled. During the fifth period class, several students took a collection for money which was to be used to purchase beer. After the money was collected, the Respondent allowed the students to leave the class in order to purchase the beer. The students later returned with a case of Budweiser beer in a duffle bag. Approximately seventeen students participated in drinking the beer. The Respondent also drank one of the beers. During the party, there were several students in the classroom who were not assigned to the fifth period class, but were in other classes. While the party was taking place, the Respondent permitted the doors of the classroom to be locked and the window panes in the doors to be covered with paper so as to avoid detection from other faculty members and/or members of the administration. Nevertheless, the fifth period Christmas party was interrupted by the assistant principal and a security guard. As a result of the fifth period Christmas party, seventeen students were suspended. None of the students in the Respondent's fifth period class were of legal age to either possess or consume alcoholic beverages. On January 7, 1985, after an investigation had been completed through the office of the associate superintendent for personnel, the Respondent submitted his letter of resignation. This letter of resignation was accepted by the Broward County School Board. Pursuant to School Board policy, a student is allowed to be out of the class to which he is assigned only if he is called from one of the offices on the intercom to report to a different place. Pursuant to School board policy, if a teacher allows a student to leave the campus, the teacher is required to have the student sign in and out at the assistant principal's office.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby recommended that JERRY JULIUS GOLD's teaching certificate be permanently revoked. DONE and ORDERED this 15th day of September, 1986 in Tallahassee, Leon County, Florida. W. MATTHEW STEVENSON Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 15th day of September, 1986. COPIES FURNISHED: Craig R. Wilson, Esquire 215 Fifth Street, Suite 302 West Palm Beach, Florida 33401 Jerry Julius Gold, pro se Post Office Box 941 Nederland, CO 80466 Honorable Ralph D. Turlington Commissioner of Education Department of Education The Capitol Tallahassee, Florida 32301 Judith Brechner General Counsel Department of Education Knott Building Tallahassee, Florida 32301 Karen Barr Wilde Executive Director Education Practices Commission Department of Education Knott Building Tallahassee, Florida 32301 Marlene Greenfield Administrator Department of Education Professional Practices Services 319 West Madison Street, Room #3 Tallahassee, Florida 32301
The Issue The issues in this case are whether Respondent violated Sections 231.28(1)(f) and (i), Florida Statutes (1999) and Florida Administrative Code Rule 6B-1.006(4)(a) by advocating religious beliefs to her students. (All chapter and section references are to Florida Statutes (1999). All references to rules are to rules promulgated in the Florida Administrative Code in effect on the date of this Recommended Order.)
Findings Of Fact Petitioner is a public school district that receives funding from public tax revenues. Respondent holds a valid Florida Educator's Certificate bearing the number 497238. The certificate entitles Respondent to teach emotionally handicapped education and elementary education in public school through June 30, 2001. During the 1999-2000 school year, Respondent taught at Belcher Elementary School ("Belcher"). Belcher is an English for Speakers of Other Languages ("ESOL") center and receives students from diverse ethnic backgrounds and religious faiths, including non-Catholic Christian faiths and non-Christian faiths such as Muslims and Buddhists. Respondent displayed pictures in her classroom of a woman whom Respondent identified to her students as Saint Philomena. Respondent told her students that Saint Philomena had wanted to marry God and that adults had forgotten Saint Philomena. On October 27, 1999, Respondent invited Ms. Hofstetter, another teacher at Belcher, to bring her class into Respondent's classroom to witness a pumpkin carving. While Ms. Hofstetter and her class were in Respondent's classroom, Ms. Hofstetter observed a picture of Saint Philomena displayed on the front wall of the classroom. The children repeated to Ms. Hofstetter the statements by Respondent that Saint Philomena had wanted to marry God and that adults had forgotten her. Ms. Rosemarie Fernandez was employed as an ESOL aid at Belcher during the 1999-2000 school year and routinely visited Respondent's classroom three times a week for about 45 minutes each time. Respondent mentioned Saint Philomena to Ms. Fernandez one day and explained that people prayed to the Saint when people had problems. Ms. Sandra Nipper had a son in Respondent's class during the 1999-2000 school year. During a parent-teacher conference with Respondent, Respondent encouraged Ms. Nipper to have her son participate in prayer and religious activity. On another occasion, Respondent telephoned Ms. Nipper and asked her if her son had been baptized. Ms. Nipper told Respondent that her son had been baptized, but that it was none of Respondent's business. As a public school teacher, Ms. Nipper was shocked at the questions Respondent asked about religion. Ms. Shirley Garrett was the Assistant Principal at Belcher during the 1999-2000 school year. On October 29, 1999, Ms. Garret observed a table in Respondent's classroom that displayed several religious artifacts, including a statue of Saint Philomena. Ms. Garrett directed Respondent to take down the display and to make sure it was placed where students could not see it. Respondent agreed to comply with that directive. When Ms. Garrett checked later, the display had been taken down, and the objects were out of sight. On the morning of November 1, 2000, Ms. Pat Huffman, the Principal at Belcher, encountered two children from Respondent's class who had arrived early at school. Each student had a set of rosary beads that were labeled "blessed." Each set of rosary beads included a pamphlet that said "pray the rosary daily" and a St. Benedict "Jubilee" medal. Ms. Huffman went to Respondent's classroom and found a similar set of beads at each student's desk. Ms. Huffman collected the beads. While Ms. Huffman was in Respondent's classroom, she also noticed a display on the side of the classroom. The display consisted of the same artifacts Ms. Garrett had previously seen. The artifacts included a statue of Saint. Philomena; a picture of Jesus labeled "Our Lord's Adorable Face;" an icon of St. Paraskey, labeled "saint of vision and your eyes;" and a picture of Saint Mary; and a cross. The objects were displayed on a lace cloth. The cloth depicted a Christmas Nativity scene, with Joseph, Mary, and the infant Jesus; a halo; angels; wise men offering gifts; shepherds with their animals; and the star of Bethlehem. Ms. Huffman took photographs of the display. Ms. Huffman scheduled a meeting with Respondent, a union representative, and Mr. James Barker, an employee of the Pinellas County School Board (the "School Board") personnel department. Mr. Barker was responsible for investigating allegations of employee misconduct. Respondent admitted that she: displayed the icons and religious artifacts; gave out rosary beads as "All Saints' Day" presents; encouraged students to pray to saints for their sick classmates; told students about Saint Philomena; and, upon learning of the meeting, asked her students to pray for her, not to keep her job, but to have God's will done. Respondent explained that she did not seek employment in a parochial school because God wanted her to bring religion to the public school children. After the meeting, Respondent resigned from her teaching position. Respondent has a long history of advocating her religious beliefs in the public school system in Pinellas County. At a faculty meeting at the beginning of the 1999-2000 school year, Respondent brought up the subject of leading or conducting prayers in the classroom. The topic generated some discussion, until Ms. Huffman stated that there would be no prayers conducted in the classrooms. Similar activities during 1997 resulted in a memorandum from the principal of Pinellas Park Elementary School that was issued to Respondent on June 23, 1997. The memorandum cautioned Respondent not to: (1) pray with students; (2) facilitate reverence of any kind with students; (3) refer to saints with students; or (4) initiate any questionable discussions with students or peers as they relate to religion. In 1992, Mr. Steve Crosby was employed by the School Board in the personnel department. Mr. Crosby received a telephone call from a local television station concerning allegations that Respondent had been encouraging the children in her class to pray and that she had led prayer in the classroom. Mr. Crosby investigated the allegation. Respondent admitted that she lead her students in prayer, used a rosary in the prayers, and had her students write notes to Jesus, God, Mary, and the Saints. Mr. Crosby explained to Respondent that such practices would be offensive to children of many Protestant faiths, or at least inconsistent with those faiths, and that as a public school teacher, she could not advocate her religious beliefs in the classroom. Respondent indicated she understood, and would not do continue to advocate her religious beliefs in the classroom. A cautionary memorandum from the Superintendent of Schools for Pinellas County formalized the instructions to Respondent.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a Final Order finding Respondent guilty of the allegations in the Administrative Complaint and revoking Respondent's teaching certificate. DONE AND ENTERED this 2nd day of August, 2001, in Tallahassee, Leon County, Florida. DANIEL MANRY 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 2nd day of August, 2001. COPIES FURNISHED: Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Room 224E Tallahassee, Florida 32399-0400 Bruce P. Taylor, Esquire Post Office Box 131 St. Petersburg, Florida 33731-0131 Karen Wulf-McHugh 1356 Irving Avenue Clearwater, Florida 33756 James A. Robinson, General Counsel Department of Education The Capitol, Suite 1701 Tallahassee, Florida 32399-0400 Jerry W. Whitmore, Chief Bureau of Educator Standards Department of Education 325 West Gaines Street, Suite 224E Tallahassee, Florida 32399-0400
The Issue The issues to be determined are whether Virginia Young (Respondent or Ms. Young) violated: section 1012.795(1)(g) Florida Statutes (being found guilty of personal conduct, which seriously reduces effectiveness as an employee of the school board); section 1012.795(1)(j) Florida Statutes (violating the Principles of Professional Conduct for the Education Profession as prescribed by the State Board of Education rules); Florida Administrative Code Rule 6A-10.081(2)(a)1. (failure to make reasonable effort to protect the student from conditions harmful to learning and/or to the student’s mental health and/or physical health and/or safety); and Florida Administrative Code Rule 6A- 10.081(3)(e) (intentionally exposing a student to unnecessary embarrassment or disparagement)1/; and, if so, what is the appropriate sanction.
Findings Of Fact The Commissioner is the state agent responsible for investigating and prosecuting allegations of misconduct against individuals holding educator certificates. Respondent holds Florida Educator Certificate 624273 in the areas of: Educational Media Specialist; English; Elementary Education; English for Speakers of Other Languages; Guidance and Counseling; Physical Education; Social Science; Business Education; Family and Consumer Science; and Exceptional Student Education. Respondent’s certification is valid through June 30, 2017. Respondent is also certified in Middle Grades Integrated Curriculum, which is valid through June 30, 2017. Respondent taught in the Polk County School District (PCSD) for eight years and retired two years ago. At all times material to these allegations, Respondent was employed as a social studies teacher at Traviss or as an elementary combination teacher at PVS in the PCSD. BATHROOM HALL PASS 2013-2014 School Year For the 2013-2014 school year, Respondent taught tenth- grade English and World History at Traviss. Her classroom was a portable building in the school’s parking lot. Although there was a bathroom in the portable, it had been disassembled and was unusable. When a student needed to use the bathroom, the student obtained a bathroom pass to leave the portable and go to another building where there was a functioning bathroom. Respondent’s policy for any student (pregnant or not) to obtain a bathroom pass was simple: the student had to sign in, find their assigned seat, write down the “SMART Board question” of the day, and go to the classroom aide (or paraprofessional) to obtain a bathroom/hall pass. Each student had an agenda book, and the aide would mark the time of the bathroom pass. If the student was gone too long, the aide would try to find them. Respondent never denied a student’s request for a bathroom pass although she had, on occasion, asked a student if they could wait “five minutes” because Respondent was starting a clip and was concerned she could not replay the clip. Respondent never signed a bathroom pass, but had her paraprofessional or classroom aide handle the passes. There was no evidence adduced by any former student, pregnant or not, who was denied a bathroom pass. E.G. testified there were “students” in her class who were pregnant and, with the assistance of counsel, she confirmed one student’s identity, A.G. However, A.G. did not testify that she was pregnant and A.G. did not testify that she was denied the opportunity to use the restroom. E.G. heard Respondent deny “those students’” request to go to the restroom on a “few occasions.” E.G.’s testimony was unpersuasive. Petitioner’s Exhibit 29 is a verbal warning with a written confirmation regarding Respondent’s alleged denial of pregnant students’ rights to use the restroom when asked. The undersigned acknowledges this warning; however, the non-hearsay testimony at hearing failed to support such a finding. INAPPROPRIATE LANGUAGE 2013-2014 School Year As part of the English curriculum, Respondent taught literature. Each year she used the novel To Kill a Mockingbird, by Harper Lee, which was on the approved reading list in her tenth-grade, English 2 class. In that novel, the “n” word is used once or twice. Respondent does not use the “n” word. E.G. and Ms. Ibarra were questioned about inappropriate language used during their class. Ms. Ibarra thought she was in Respondent’s eleventh or twelfth grade English class, yet she did not recall if the class was discussing a book or a movie when she claimed to have heard the “n” word used. E.G. knew Respondent was her English teacher, but could not recall if the class had been discussing the book when the “n” word may have been used. Both students’ testimony was vague and unpersuasive. TREE NUT ISSUE 2015-2016 School Year Respondent moved to PVS for the 2014-2015 and 2015-2016 school years. At PVS she taught grades kindergarten through fifth grade. Respondent had multiple preparations for the different classes she taught at PVS. Elementary students are young, and in addition to the virtual teaching time, each grade level is brought into the “brick and mortar” school once a month for a two-hour “face-to- face” class. This is to ensure that each PVS student is progressing appropriately and to ensure that each student is not being unduly assisted by their “learning coach,” an adult or other person. At PVS, teachers were expected to contact each student’s parent(s) prior to the school year starting. This “welcome call” was to introduce themselves, provide a course overview, and to chat about the individual student who would be in Respondent’s class. During the 2015-2016 school year, Respondent taught PVS’s first-grade virtual class in addition to other grades. S.D. was in Respondent’s first-grade class. S.D. is now an eight-year-old student residing and attending school out of Florida. While residing in Florida, S.D. was home schooled for the kindergarten school year. S.D. attended PVS as a first-grade student during the 2015-2016 school year. The following year S.D. attended PVS for second grade. S.D. has an allergy to tree nuts. Prior to the start of S.D.’s first-grade year, Respondent called and spoke with S.D.’s mother. During that telephone call, Respondent explained that she incorporated food in her classroom. At this mention, S.D.’s mother first raised S.D.’s severe tree nut and sesame seed allergy. S.D.’s mother advised Respondent that S.D. would probably stay home if the parents were told walnuts were going to be used in the face-to- face classroom exercise. S.D.’s mother offered to bring in other equivalent materials when food was to be used in the classroom. In September 2015, at the first face-to-face classroom meeting, S.D.’s parents spoke with Respondent, and reaffirmed S.D.’s tree nut allergy. S.D.’s parents renewed their offer to supply equivalent things for S.D. to use when food was to be used in the classroom curriculum. On October 6, 2015, Respondent entered school counselor Balladin’s office and noticed an EpiPen. In her discussion with Ms. Balladin, when told the EpiPen was S.D.’s, Respondent said the EpiPen could not be S.D.’s because it was an adult, expired EpiPen. Ms. Balladin directed Respondent to telephone S.D.’s mother about the EpiPen left in Ms. Balladin’s office. Respondent confirmed she spoke with S.D.’s mother as directed. Respondent recorded the conversation in the PVS computer system as “[Respondent] called LC to inform that they [S.D.’s parents] had left [S.D.’s] peanut allergy pen in Ms. Balladin’s office. Mom said she had a spare and would pick it up on Friday morning.” On December 8, 2015, S.D. and one other student were the only two students to participate in the face-to-face first- grade class at PVS. Towards the end of the class, Respondent provided each student with a “Christmas tree brownie still in the wrapper on the plate.” Respondent told the students not to eat the brownie until they checked with their respective mothers as it was close to lunch time. Respondent walked the two students to the front office area of the school. When S.D.’s mother saw S.D., she noticed that S.D. had a partially eaten brownie. S.D.’s mother noticed there was no wrapper to the brownie and she asked Respondent about it. S.D.’s mother wanted to know the brand to purchase it. Respondent admitted that she read the label of ingredients on the box before she purchased the brownie treats, and she did not think it would harm S.D. S.D.’s family left PVS to drive home, which was an hour or more away from PVS. Shortly after the family left PVS, S.D. became ill, frequently vomiting into a bucket on the way home. S.D.’s parents reported the illness to PVS. The brownie given to S.D. came from a box labeled “Christmas Tree Brownies [by] Little Debbie.” The brownies were Christmas tree shaped with green icing and small edible “candy toppers” on top. The box contained a list of more than 15 ingredients and also contained the following: ALLERGY INFORMATION: CONTAINS WHEAT, SOY, MILK, EGG. MAY ALSO BE PRESENT IN THIS PRODUCT: PEANUTS, TREE NUTS. Respondent thought the brownie was safe for S.D. It was not. Respondent initially testified that she did not receive any training from the school about how to deal with students’ allergies, but then immediately claimed she obtained allergy training three months after this December 8 event. The source of that training was unclear. The evidence regarding the tree nut allergy issue was established through clear and convincing evidence: Respondent provided a food product that contained tree nuts to S.D., a student who was known to have a tree nut allergy.
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 Respondent guilty of Counts 2 and 3 in the Amended Administrative Complaint, suspending her educator certificate for 18 months, placing her on probation for two years with conditions to be determined by the Education Practices Commission, and dismissing Counts 1 and 4. DONE AND ENTERED this 20th day of February, 2018, in Tallahassee, Leon County, Florida. S LYNNE A. QUIMBY-PENNOCK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 20th day of February, 2018.
The Issue Whether just cause exists for Petitioner, Palm Beach County School Board ("Board"), to suspend Respondent, Lori Schwartz, from her position as a Speech and Language Pathologist ("SLP") for a period of ten days without pay.
Findings Of Fact The Parties The Board is the constitutional entity authorized to operate, control, and supervise the District. Pursuant to Article IX, section 4(b) of the Florida Constitution, and section 1001.32, Florida Statutes, the District has the authority to discipline employees pursuant to section 1012.22(1)(f), Florida Statutes. Respondent began her employment with the District on August 3, 2005. Respondent is employed with Petitioner as an ESE teacher, teaching SLP at Sunrise Park. She has been a SLP for 32 years. Respondent's employment is governed by the collective bargaining agreement between the District and the Palm Beach County Classroom Teachers Association ("CBA"), Board policies, Florida law, and Department of Education rules. As an SLP, Respondent's duties include: testing and providing therapy to students who need assistance in speech or language skills; writing Individual Education Plans ("IEPs"); writing quarterly progress notes for her students; drafting the Plan of Care for each student; reevaluating students; and billing for Medicaid. These duties are time-sensitive because a student's course of study and evaluation for needed accommodations to provide appropriate academic support rely upon the IEP and Plan of Care. There are also strict federal guidelines regarding when these items need to be accomplished. In 2001, Respondent was diagnosed with multiple sclerosis ("MS"). MS is a progressive debilitating disease that results in physical deterioration. As a result of her MS, Respondent has difficulty walking, using her hands, seeing, concentrating, and prioritizing tasks. Respondent testified that she continues to work because she "want(s) to help people communicate better and learn and progress to the next level." To assist Respondent in performing her assigned duties, the District provided a variety of supports including: a walker and scooter to get around school; the assistance of a one-on-one paraprofessional to type and write for Respondent and to transport SLP students from their sessions with Respondent back to their classrooms; an enlarged computer screen to help her see; and individual coaching on time management and prioritization of tasks by Traci Boysaw, a teacher with the title of PAR Counselor. Respondent testified that she was provided with all the assistance she needed to perform her assigned duties. Respondent was also referred to the District's Employee Assistance Plan but declined to avail herself of that opportunity. Circumstances Giving Rise to Respondent's Discipline In accordance with the CBA, Respondent was subject to increasing levels of discipline for failing to follow directives and meet deadlines for certain tasks prior to her ten–day suspension. On March 30, 2017, Respondent received a Verbal Reprimand with Written Notation ("Verbal Reprimand") from Sunrise Park Principal, Alicia Steiger, for insubordination for not complying with directives to complete certain work by assigned deadlines given to her on September 2, 2016, and January 27, 2017. In this Verbal Reprimand, Respondent was directed to adhere to all deadlines and complete testing and reevaluation of students by deadlines in April. She was also directed to ensure all documents for IEPs and reevaluations were completed before the specific meeting with the IEP team was scheduled. Respondent was also directed to submit weekly logs by the end of the week to Principal Steiger and to follow all Board policies. She was advised that failure to adhere to these directives would be considered insubordination and result in further discipline. On May 23, 2017, Respondent received a Written Reprimand issued by Principal Steiger for insubordination and violation of Board Policies 1.013, Responsibilities of School District Personnel and Staff; 3.10, Conditions of Employment with the District; 3.02, Code of Ethics; and 2.34, Records and Reports. Respondent was cited for not following the directives of the Verbal Reprimand and continuing to ignore deadlines for student testing, reevaluations, and submitting documentation. She also came to an IEP meeting on March 17, 2017, "wholly unprepared." Respondent was specifically advised, "[y]our actions demonstrate a failure to fulfill the responsibilities of a teacher and to protect the learning environment." Respondent received a second Written Reprimand issued by Dianna Weinbaum, Director of Professional Standards, on December 7, 2017. Like her prior discipline, Respondent was cited for failing to adhere to testing, meet student evaluation deadlines, and complete Plan of Care documentation following each IEP meeting. She was advised her failure to abide by prior directives constituted insubordination and violated various School Board policies. Despite this progressive discipline and the extension of deadlines within which to complete certain tasks, Respondent failed to accurately or timely complete assignments. On March 14, 2018, Respondent was advised that the Office of Personnel Services ("OPS") was opening an investigation into her ongoing "gross insubordination." On April 4, 2018, Respondent was informed in writing that the investigation was nearing completion and a predetermination meeting was set for April 17, 2018. Respondent was advised that she was being investigated for policy violations related to failure to fulfill responsibilities as a teacher, ethical misconduct, and gross insubordination. The investigation confirmed that Respondent failed to meet specific deadlines and did not "complete work with fidelity." Respondent submitted work replete with errors after multiple correction attempts or in some cases, not at all. This was despite years of additional support and close direction from Eileen Peterson, another SLP at Sunrise Park who provided Respondent with technical assistance for seven years. Respondent was also provided a personal assistant, Susan Panatojov, who helped her with clerical duties and physically retrieving students for testing and therapy. Respondent was also provided an additional eight hours per week to assist her in getting her work done and additional time to test her students. The District provided all accommodations which were requested by Respondent. Despite this extra assistance and reduced work load, Respondent still submitted work with multiple errors and on an untimely basis. The April 17, 2018, predetermination meeting was held as scheduled and Respondent was provided an opportunity to provide additional information, dispute, explain, or elaborate on the information from the investigative report. On May 29, 2018, Respondent was provided notice that the District Superintendent intended to recommend a ten-day suspension without pay to the Board at its June 20, 2018, meeting. The Board voted to accept the recommendation and this decision was timely challenged by Respondent. At final hearing, Respondent admitted that her work was often untimely, contained errors, and that she had great difficulty in setting priorities and managing her time. She acknowledged that she missed the deadlines provided in the Verbal and Written Reprimands. Petitioner argues that this behavior is a direct result of her medical condition, that she never refused an assignment, and that it was unintentional. However, Petitioner also conceded that she never advised Principal Steiger that she could not perform her job due to her physical challenges, was provided all requested accommodations, trained properly on how to perform her assigned tasks, and given an extensive variety of support services to help her perform the essential functions of her job.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Palm Beach County School Board uphold the suspension of Respondent's employment for ten days without pay. DONE AND ENTERED this 13th day of June, 2019, in Tallahassee, Leon County, Florida. S MARY LI CREASY Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 13th day of June, 2019.
