Findings Of Fact Timothy M. Gray applied for an instructional position with the Pinellas County School Board in May 1984 and accepted an annual contract to teach at Safety Harbor Middle School for the school year starting in the fall of 1984. He taught a course to eighth grade classes called Power and Transportation, which is predominantly a shop course. Gray was certificated to teach industrial arts in 1980. The charges involved in these two cases stem from inappropriate remarks Gray allegedly made to various students in his class or in the school. Gray denies making the improper remarks attributed to him. Specifically, Respondent is alleged to have made inappropriate remarks of a sexual nature to Paul Bartolo and Mark Fulghum while driving them home from a school detention period that caused them to miss their bus. Respondent admits that he gave these 14- and 15- year-old boys a ride home after their detention. He lived in the same direction as the two boys and giving them a ride home was not out of his way. Both of these boys were discipline problems. During the school year Paul served about 15 detentions and was suspended twice. Both were in Respondent's Power and Transportation class and both had been placed on detention by Respondent. During the ride home Paul was in the front seat of Respondent's car and Mark was in the rear seat. Both boys testified that during the ride home an extensive conversation ensued and that Respondent, after answering a question regarding his marital status in the negative, continued with he liked snatch. Respondent admits the conversation and his attempts to reach these boys to improve their attitudes toward school but denies ever using the word "snatch." During discussions with girls on the school bus and at school regarding Respondent and his comments, Paul and Mark told the girls that Respondent said he liked snatch. At this time a lot of rumors were being circulated among the eighth graders in Respondent's classes about the way he looked at them and comments he had made they deemed inappropriate. The prime mover of this group was Dana Shaver, who testified only by deposition in these proceedings. Dana urged Paul and Mark to report Respondent's remarks to the principal. In a deposition (Exhibit 1) Dana testified that Gray had seen her at the beach over the weekend and told her in class Monday that he had seen her at the beach in her bikini and that she did not have much of a tan for a beach girl. This embarrassed Dana and she hung her head and did not hear Respondent say she would look better without it (bikini) on. This was later reported to Dana by an anonymous girlfriend. Respondent admits he saw Dana and another girl at the beach but denies saying anything more to her than she did not have as good a tan as he did. Dana's parents requested she be moved from Respondent's class in Power and Transportation (which she did not like) because of her being "embarrassed" by Respondent. Evidently, no embarrassment was involved discussing use of the word "snatch" with boys in her class. Kera Lampman is a bright 13-year-old who was in Respondent's Power and Transportation class. She testified that Respondent told her she had a nice butt and that she could get straight A's in his class. Respondent denies ever using the word "butt" to Kera but does not deny the remarks about her grades as Kera is a straight-A student. Respondent also testified that he was trying to get Kera moved to a more challenging class when he was suspended. Alissa Lanier, a 14-year-old student at Safety Harbor Middle School, testified that while walking from the bus drop to the entrance door immediately before classes started in the morning she heard someone say, "You've got a nice ass." When she turned around she saw Respondent some 20 feet away. She had never talked to Respondent, was not in his class, and testified Respondent was the only person on the ramp besides her. Respondent not only denies making such a remark but also testified that he frequently has bus ramp duty before school starts and he has never been in the area between the bus stop and school entrance doors shortly before school was due to start when the area was not crowded with students. The testimony that this area would be crowded immediately prior to school starting is deemed more credible. Respondent's denial that he made any comment to any girl he did not even know is more credible than is the testimony that this remark was heard from someone 20 feet distant in the bus ramp area immediately prior to school starting. Shelly Evans, a 14-year-old girl in Respondent's class heard Respondent say he had seen Kera and Dana at the beach and they looked great in their bikinis. During the period when others were reporting Respondent's actions she too reported this comment to the principal. One witness testified that Respondent looked at her in a strange way in class; that it appeared to her that he was staring. Such discussion and remarks including comments about bodies were being circulated among students at Safety Harbor Middle School and was brought to the attention of the principal who interrogated some of the students. The principal was told substantially what was testified to at these proceedings. During the investigation which followed Respondent denied using the words "snatch," "butt," or "ass," while talking to any of the students. Respondent, before coming to Safety Harbor Middle School, had worked in a Y conservation program involving young men. This age group was doubtless older than the 13-15 year olds in the eighth grade class Respondent taught at Safety Harbor Middle School and were less impressionable than eighth grade students. Hearing from one of her teachers that rumors were going around the school regarding Gray's language in the presence of students, Mrs. Raymond, Principal of Safety Harbor Middle School obtained the name of one or more students reported to be aware of such language and called them into her office. After obtaining statements from these students, who appeared as witnesses in these proceedings, Mrs. Raymond confronted Gray, who denied making inappropriate comments. Nevertheless, she recommended his immediate suspension with pay pending the next meeting of the School Board, who was authorized to suspend Gray without pay. Upon her recommendation, Gray was immediately suspended.
The Issue The issues to be determined are whether Respondent, Cornell Lamont Steward (Respondent or Mr. Steward), violated sections 1012.795(1)(f), Florida Statutes (2012), or sections 1012.795(1)(g) or (j), Florida Statutes (2011),1/ and implementing administrative rules, as alleged in the Amended Administrative Complaint,2/ and, if so, what is the appropriate sanction?
Findings Of Fact The Commissioner is the state officer responsible for investigating and prosecuting allegations of misconduct against individuals holding educator certificates. At all times relevant to the allegations in the Amended Administrative Complaint, Mr. Steward held Florida Educator Certificate 1156507, covering the areas of biology and earth- space science, and was employed as a science teacher at Miami Carol City Senior High School in the Miami-Dade County School District. Mr. Steward’s certificate expired on June 30, 2013. On September 7, 2011, Mr. Steward was arrested for driving under the influence of alcohol or drugs with resulting damage to property or another person in Broward County, Florida. As Mr. Steward admitted, on April 3, 2013, he was found guilty by a jury on this charge. On December 6, 2011, there was an altercation between a 15-year-old male student, A.C., and Mr. Steward in his classroom at Miami Carol City Senior High School. The Commissioner offered no competent evidence regarding this event other than pre-hearing admissions of Mr. Steward and his testimony at hearing. Mr. Steward testified that he was teaching in his fifth- period class, which was a ninth-grade science class consisting of about 21 students, when there was a knock on the classroom door. A.C., who was a student with behavior and attendance problems, had moved to a seat near the door and offered to see who was there. Mr. Steward at first agreed, but then changed his mind and asked A.C. to remain seated, while Mr. Steward answered the door himself. At the door were three unknown students. A.C. then got out of his seat, stating that the unknown students were his brothers, and moved to the door to greet them. Mr. Steward testified that the students at the door caused a great amount of disruption in the classroom, and he turned around to quiet his students. He testified that as he turned his back to the door, he felt A.C. “violently” press his groin against Mr. Steward’s buttocks, which startled and frightened Mr. Steward, so he had to “remove [A.C.] from [his] personal space.” Mr. Steward testified that A.C. then positioned himself between Mr. Steward and his desk, which had the telephone. According to Mr. Steward, A.C. then stepped forward in a “violent motion” and threatening manner with his fists balled up and “chin checked” Mr. Steward. Detective Marin testified that “chin checking” was slang to describe a tap or touch on the chin primarily as a challenge, used to instigate a confrontation, but was not itself a punch. Mr. Steward testified that he “removed [A.C.] from [his] presence.” Mr. Steward said that then, A.C. moved toward him again with a threatening motion, and Mr. Steward responded: With my left hand I grabbed his right shoulder. With my left hand I grabbed his right shoulder and with my right hand I grabbed his left shoulder. With using his momentum I placed him on the ground, I did not throw him, I did not slam him, I placed him on the ground. He’s a very small person. As soon as I did that, I, I checked for my students who were in attendance to locate security. One or two of them left the class and then there began to be a stampede out of the classroom. From that moment on–-oh, oh, while I was holding him on the ground, A.C. began to violently struggle and make motions towards me. Then also the three other students began to grab and pull at me and grab, pull and push at me. Then for my own safety I didn’t know if these children were armed. I didn’t know anything, I let A.C. go and he and the three other students fled the classroom. Later that day, Principal Dunn was told that Mr. Steward had been in an altercation with a student. He asked the school resource officer, Tracy Moore, to investigate. The following morning, December 7, 2011, Principal Dunn called Mr. Steward to his office to discuss the incident. But for the meeting in Mr. Dunn’s office, Mr. Steward would have reported to his classroom. At the meeting, Mr. Steward’s behavior was a bit erratic. He was laughing, loudly and inappropriately, at the events of the previous day. Principal Dunn noticed that Mr. Steward’s eyes were glassy. Principal Dunn suspected that Mr. Steward was under the influence of alcohol or drugs. Mr. Steward stated that his eyes were glassy and swollen because he was up the night before thinking about the incident with A.C. Principal Dunn called the region director and the Office of Professional Standards for advice on how to proceed. He kept Mr. Steward in his “custody,” so that Principal Dunn or the school would not be responsible if anything occurred. Principal Dunn completed a Reasonable Suspicion Form, noting that Mr. Steward had slow or inappropriate reactions, glassy and swollen eyes, and inappropriate laughter. He determined that there was probable cause to send Mr. Steward for a drug and alcohol screen. Mr. Steward was tested by LabCorp on December 7, 2011. The results were positive for marijuana. Mr. Steward’s exhibit offered to show that the lab sample which was tested was actually obtained on another day is not persuasive, and his argument that the test results should not be admitted is completely rejected. On January 5, 2012, a Conference for the Record was held with Mr. Steward, Mr. Dunn, Ms. Sherri Daniels of United Teachers of Dade, and Ms. Joyce Castro, district director. The events of December 7, 2011, and the test results were reviewed with Mr. Steward. He was given an opportunity to respond, but declined that opportunity. He was advised that a second positive drug test, refusal to submit to future drug tests, or failure to abide with rehabilitation directions could result in additional action, including dismissal. Mr. Dunn testified that the incidents had an effect upon Mr. Steward’s effectiveness as a teacher.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission enter a final order finding Respondent, Cornell Lamont Steward, in violation of section 1012.795(1)(f), Florida Statutes (2012), and section 1012.795(1)(g), Florida Statutes (2011). It is further recommended that the Commission impose upon Cornell Lamont Steward a fine of $3,000.00 and revoke his educator certificate for a period of three years, at the expiration of which time he may receive a new certificate by meeting all certification requirements of the state board current at the time of his application, subject to terms and conditions determined by the Education Practices Commission to be reasonably necessary to ensure that there will be no threat to students and that he will be capable of resuming the responsibilities of an educator. DONE AND ENTERED this 10th day of November, 2015, in Tallahassee, Leon County, Florida. S F. SCOTT BOYD 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 10th day of November, 2015.
