The Issue Whether Respondent's employment should be terminated, as recommended by the then-Interim Superintendent of Schools, and, if not, whether Respondent (who has been suspended without pay pending the outcome of this dismissal proceeding) should be reinstated with "back salary."
Findings Of Fact Based upon the evidence adduced at hearing, and the record as a whole, including the stipulations of the parties, the following Findings of Fact are made: The School Board is responsible for the operation, control, and supervision of all public schools (grades K through 12) in Broward County, Florida, including Plantation Middle School (Plantation). Jean Jones is now, and has been since the beginning of the 1998-99 school year, the principal of Plantation. The 1998- 99 school year was her first as a principal of any school. She had served as an assistant principal for seven years before becoming Plantation's principal. Thomas Fegers is now, and has been since 1993, an assistant principal at Plantation. Milton Roseburr is now, and has been since August of 1995, an assistant principal at Plantation. At all times material to the instant case, Carol Mendelson has been an assistant principal at Plantation. Respondent is a veteran educator. He has been teaching since 1964. Respondent has been employed by the School Board as a teacher since 1975. He holds a continuing contract of employment, which provides, in pertinent part, as follows: The Teacher agrees to teach the full period of service for which this contract is made, in no event be absent from duty without leave or to leave his position without first being released from this contract by the School Board, to observe and to enforce faithfully the laws, rules regulations, and policies lawfully prescribed by legally constituted school authorities insofar as such laws, rules, regulations, and policies are applicable to the position held by him. The Teacher agrees that the last salary payment in each academic year may be withheld upon proper notice to the Teacher as to the reasons for said withholding if all duties have not been performed as required by law and regulations of the School Board and the State Board of Education. The services to be performed hereunder shall begin on the beginning date shown above [August 23, 1978] and thereafter as determined by the School Board and are to be performed in the position and school as assigned from time to time by the said School Board. . . . 8. This continuing contract of employment shall remain in full force and effect from year to year, subject to all the provisions herein set forth, unless modified by mutual consent in writing by the Parties hereto, except the teacher may be suspended or removed for cause as provided by law. The Teacher agrees that he may not be entitled to receive any salary from and after the date of such suspension or removal unless such suspension is revoked and in no event shall the Teacher be entitled to any compensation subsequent to the cancellation of this contract. This contract may also be terminated by the written resignation of the Teacher submitted not later than four (4) weeks before the close of the post-school conference period, to take effect at the end of the school year. Such resignation shall be submitted in substantially the form hereto attached described as Exhibit A, and by reference made a part hereof. . . . Failure of either party to fulfill the obligations under this contract, and to carry out the lawful provisions hereof, unless prevented from so doing by reason of personal illness of the Teacher or as otherwise provided by law, shall constitute sufficient grounds for the termination of this contract by the other party, provided, however, no termination shall be effective without reasonable notice and, if timely requested by the Teacher, hearing. The contract shall at all times be subject to any and all laws and all lawful rules and regulations, and policies of the State Board of Education and the School Board now existing or hereafter enacted. . . . 14. This contract may be changed or modified only by an amendment in writing executed in the same fashion as the original or by a collective bargaining agreement ratified by the School Board and bargaining agent. No person, officer or employee may modify the provisions of this agreement or make any other contract with the Teacher for and on behalf of the School Board without expressed ratification by the School Board. Provided, however, in accordance with paragraph two hereof both parties agree that this contract shall be modified by the adoption of a subsequent salary schedule as provided in paragraph two and that adoption of such amended salary schedule by the School Board shall constitute expressed ratification. At all times material to the instant case, Respondent was a classroom teacher at Plantation. For the three school years immediately preceding Ms. Jones' arrival at Plantation (the 1995-96, 1996-97, and 1997-98 school years), Respondent was supervised and evaluated by Mr. Roseburr. During this period of time, Respondent had an extremely difficult and challenging teaching assignment. He taught a "self-contained" class of sixth, seventh, and eight grade "drop out prevention" students. "Drop out prevention" students generally struggle academically, lack motivation and focus, have short attention spans, are easily distracted, come to class ill-prepared, do not complete all of their classwork, and are unruly and disruptive in class. Respondent and these "problem" students remained together in the same classroom the majority of the school day, with Respondent providing the students with instruction in all of their academic subjects. Because conventional teaching and behavior management methods did not always work with these students, Respondent needed to be creative and innovative to effectively discharge his classroom duties. Mr. Roseburr was in Respondent's classroom on a daily basis during the three-year period he supervised Respondent. Impressed with Respondent's performance and his "unique knack of knowing what to say and how to say it to students that are difficult," Mr. Roseburr gave Respondent satisfactory evaluations each of the three school years Respondent was under his supervision. The first quarter of the 1998-99 school year, Respondent had the same teaching assignment he had had the previous three school years, notwithstanding his expressed desire to have his assignment changed. In or around September of 1998, Respondent spoke with Ms. Jones about the possibility of having a parent volunteer (Sybil Moton) assist him in the classroom. Shortly after his discussion with Ms. Jones, Respondent sent her the following letter, dated September 14, 1998: I have been assigned to teach 6th, 7th & 8th grade self-contained D.O.P. for several years. I have been doing this at a great disadvantage. There are many Teachers, Team Leader and Department Heads, at this school who would not accept this assignment or be successful with it. I have accepted this assignment and I'm ready to do the best job I can under the circumstances. I have to plan for three grade levels, while other teachers only plan for one. I have to prepare for five subjects, while other teachers only prepare for one. I have five subject area meetings to attend, while other teachers only have one. I have not read any research that support[s] the notion that a teacher, who has as many duties and responsibilities as have been placed upon me, will be more successful or as successful as a teacher, who teaches one subject area or one grade level. Does the research indicate that children placed in this kind of class situation, will be more successful than in the traditional class situation? Is it possible that the children might be at a disadvantage? Each of the previous times when I requested an assistant, I was denied. It was all about money. Now when I ask a parent to help "FOR FREE," I'm told, "I don't think I'll be able to approve Ms. Moton as a parent volunteer." All I'm saying is that, now that I have been loaded down with all of the above, where is the help that goes with it? As of now, I feel that I have been placed in a situation that is headed for failure, and that's not me. I want to be successful at whatever I do, that's why I keep asking for help. These children need so much help, and I want to help them very badly. My difficulty comes from the situation I've been placed in, more so tha[n] the children I work with. After receiving the letter, Ms. Jones circled the last sentence of the fourth paragraph of the letter, and, on the upper right hand corner of the letter, wrote the following concerning the representation made by Respondent in this sentence: This is blatantly untrue. If you quote people, make sure you quote them correctly. See me please. She then returned the letter (with her handwritten notations on it) to Respondent. Respondent thereafter, as directed, met with Ms. Jones, who cautioned him that he could not "just . . . go out and recruit parents to work in [his] classroom and not have them approved by the School Board." Mr. Roseburr, although he remained an assistant principal at Plantation, did not supervise Respondent during the 1998-99 school year. Respondent's new supervisor was another assistant principal at the school, Carol Mendelson. On October 7, 1998, Ms. Mendelson conducted a classroom observation of Respondent. Following the observation, she sent Respondent the following memorandum, dated October 12, 1998: OBSERVATIONS During my observation of your class, you were introducing personal narratives to your students. You explained the concept of the first draft and the idea that students would choose their own topic for this assignment. Students were walking around the classroom, talking, drawing, had heads down on the desk without consequences from you. A review of your planbook indicates that plans for the day do not coincide with the lesson being taught by you. SUGGESTIONS Please consider the following recommendations to better assist the students: Setting clear, precise, classroom management rules that are reviewed daily with students will help enforce the rules. Consequences must be fair and consistent. Students were walking around the classroom, talking, drawing, had heads down without consequences from you. It is imperative that you establish and implement specific behavioral and procedural expectations, rules, and consequences in order to stop inappropriate behavior before it becomes more serious. Develop plans which match the curriculum you are addressing on each given day. Please make sure that your grade/planbook is in compliance with School Board policy and includes grades, entry dates, transfer dates, absences, interim grades, ESOL strategies, Standards of Service, and all mandated, pertinent information. Please meet me on Monday, October 22 during your planning period with your grade/planbook up- to-date with the abovementioned information. At the end of the first quarter of the 1998-99 school year, in approximately the first week of November of 1998, Respondent was given a new teaching assignment at Plantation, as well as a new classroom (an uncarpeted portable, smaller than his old classroom). He was assigned to a team consisting of four teachers (including himself) responsible for teaching approximately 120 students divided into four separate groups (Groups A through D), one of which (Group D) contained the students who had been in the "self-contained" class of "drop out prevention" students that Respondent had taught during the first quarter of the school year. Although only one of the four groups had students who were in the school's "drop out prevention" program, many of the students in the other three groups were as difficult for the teachers on the team to deal with as were the "drop out prevention" students. Respondent was the team's math and advanced communication skills teacher. The leader of Respondent's team was Ronald Jackson, the team's social studies teacher. Like Respondent, Mr. Jackson joined the team in November of the school year. In addition to Respondent and Mr. Jackson, there was also a language arts teacher, as well as a science teacher, on the team. On November 19, 1998, shortly after he had undertaken his new assignment, Respondent was observed in the classroom by Ms. Jones. Following the observation, Ms. Jones sent Respondent the following memorandum describing what she had observed during the observation: This letter is being written to inform you that on this date, I came to your classroom on two different occasions and found the following: Students not on task (talking, 1/ no materials) Students out of their seats and/or being permitted to sit wherever they wished with no management from you and no consequences for non-compliance. 2/ Your plan book was not updated by November 13 as requested. You have been asked to rectify this situation by Friday, November 20. Your plan book reflected no attendance or grades for students. 3/ Your lesson plans are not written appropriately, do not reflect the Sunshine State Standards, and do not reflect acceptable practice for lesson plans as discussed with all teachers during the pre- planning days. Your back is turned to students during your lesson 4/ and you are not aware or monitoring what is happening in your classroom while you are instructing. There is very little instructional organization and no classroom participation from the students. There is no indication that you are doing the daily FCAT warm-ups required for all math students in the school. There is no FCAT folder required for each student to use on a daily basis. Ms. Jones again observed Respondent in the classroom on Tuesday, December 1, 1998, during first period. Respondent had been off from work the previous five days (Thursday, November 27, 1998, Thanksgiving Day, through Monday, November 30, 1998). Upon his arrival at school that morning, before entering his classroom, he was called into an unscheduled student services meeting. Because of the length of the meeting, he arrived at his classroom a "couple [of] minutes" after the first period bell had rung. When he opened the classroom door, he noticed that "the fire extinguisher had been sprayed all over the room." With the students' assistance, he cleaned up as best he could and then started his lesson. When Ms. Jones entered the room, Respondent was in the back of the room taking attendance. The students were "out of control." They had no books and there was no assignment on the blackboard. Following the observation, Ms. Jones sent Respondent the following memorandum, dated December 1, 1998, describing what she had observed during the observation: On this date I visited you classroom and observed the following: It was 9:00 a.m. and the students were totally out of control. There was no assignment on the board, students had no books. You were in the back of the room finishing your attendance, oblivious to what was going on around you. There were absolutely no reprimands from you for their behavior. In fact, it was I who had to quiet the class down. The class was so loud and unruly, that you did not even hear Ms. Milligan call you over the loudspeaker. I also had to inform you that someone was calling you over the public address system. Although your plan book appears to be updated, you were not following the plans as outlined. In fact, no FCAT warm up was on the board, no books were in use and absolutely nothing in terms of teaching and learning was occurring. This was one half hour after class had started. After I quieted the class down, you proceeded to give out paperwork to students apparently to review it. You handed out papers one by one to students who began to be unruly again. At 10:00 a.m. I visited your classroom again, because I wanted to speak with Mr. Roseburr who was outside your door. However, when I went inside the classroom, there was still no work on the board for students, although books were on the desks. Students were talking and looking around and not on task because there was no task to be on. When I questioned what the students were doing, you explained that you had papers to return and that you[] were going to review their work. Once again, you passed out papers one by one, taking away from instructional time and giving students opportunity to misbehave. 5/ It is apparent to me that there is a lack of classroom management in terms of student behavior, and a greater lack of lesson management since there are no clear expectations for students and no method for simple housekeeping chores as attendance and returning papers. You are oblivious to their behavior 6/ and provide no consequences. Most obvious, is the lack of meaningful work for students. There was none provided. Given those circumstances, students will find an easy opportunity to misbehave. Should these conditions, including delivering lessons as outlined in your plan book, not improve immediately, you will be placed in documentation for unsatisfactory performance. On December 7, 1998, Respondent was observed in the classroom by Mr. Fegers. Following the observation, Mr. Fegers sent Respondent the following memorandum, dated December 16, 1998, in which he described and commented on what he had observed during the observation: On Monday, December 7, 1998 I observed you teaching your class from 9:15-9:45 A. M. Based upon my observation the following are suggestions/comments for your consideration. I found the classroom to be orderly; however, your students were talking loudly as you attempted to teach by talking louder. The class continued talking out loud with no consequence or redirection by you. While the entire class was being disruptive you gave one check to a student for talking, even though the entire class was talking. Never once did you get the class under control and, for some unknown reasons, you continued talking with no one listening. Please be advised that this is unacceptable. It does not make sense to try to shout louder than your class. You must first bring the class under control by confronting the misbehavior. This did not occur. Your attendance was neatly done, listing tardies and absences. Grades were virtually non-existent, and the few that were there did not have names to identify who they belong to. Grades must be clearly recorded next to the appropriate student's name. 7/ Lesson plans from 11/9/98-11/30/98 were incomplete. There were no warm up activities. Additionally, you identified the 504 student's strategies as they were to "do 1/2 of the assignment." The strategies need to be based on the student's needs as they related[] to the written 504 plan. 8/ ESOL strategies written were, "Students may sign out a book if requested." This is unacceptable. Please let me know if I can be of further assistance. On December 17, 1998, Respondent received a memorandum from Ms. Jones notifying him that his "performance [was] unsatisfactory and that [he was being] placed in the Documentation process of the IPAS System effective December 17, 1998." In the memorandum, Ms. Jones explained that she was "moving [Respondent] from Development to Documentation" because of her "concern" regarding his performance in the areas of "lesson presentation," "classroom management," and "behavior management." The memorandum further advised Respondent that "the 1997 Florida Legislature [had] amended Florida Statu[t]e 231.29 [to] state[] that the School District shall place a teacher on performance probation for 90 calendar days from the receipt of this notice of unsatisfactory performance." Respondent signed the memorandum and dated it (December 17, 1998), acknowledging his receipt of the document. "IPAS" is the acronym for the School Board's "Instructional Personnel Assessment System." Under "IPAS," "lesson presentation," "classroom management," and "behavior management" are three of the ten "performance areas" in which instructional personnel are evaluated. The other seven are "instructional planning," "lesson management," "student performance evaluation," "communication," "records management," "subject matter knowledge," and "professional competencies." 9/ Ratings of either "S" (satisfactory), "N" (needs improvement), or "U" (unsatisfactory) are given in each "performance area." With input from Respondent and Gary Itzkowitz, a Broward Teachers Union field staff representative, Ms. Jones, Mr. Fegers, and Dr. Cathy Kirk, the School Board's coordinator of teacher evaluation, developed Performance Development Plans for Respondent in the "performance areas" of "lesson presentation," "behavior management," and "classroom management." Each plan was dated January 7, 1999, and indicated that Mr. Fegers would be the "assessor" and that the "follow- up/review date" was March 5, 1999. The "lesson presentation" Performance Development Plan read as follows: Identified Deficiencies Fails to create interest through the use of materials and techniques appropriate to the varying abilities and backgrounds of students (6B-5.004). Fails to use different types of questions to obtain desired learner responses. Fails to ask questions which are clear and requires students to reflect before responding. Fails to circulate about the room as students engage in seatwork and assist students as needed. Strategies for Improvement, Corrections, and Assistance Ms. Greifinger [the chairperson of Plantation's math department] will meet and discuss various motivational teaching techniques such as (a) Use of visual aids, manipulatives, and critical thinking activities, etc. by January 14, 1999. Ms. Cranshaw will assist with scripting questions related to the content during lesson planning 2-3 weeks in a row by January 29, 1999. Mr. Jones will observe Ms. Greifinger focusing on questioning techniques and follow-up by discussing implementation in classroom during his planning time by January 22, 1999. Mr. Jones will read the FPMS Domain document (domain 3) on circulating and assisting and discuss with Mr. Fegers. Follow-up assistance will be provided by Mr. Fegers and/or Mrs. Jones via observation and follow-up conferencing. Expected Outcomes and Timeline Teacher Will: Create interest through use of material and techniques appropriate to the varying abilities and backgrounds of students (6B- 5.004) by April 13, 1999. Use different types of questions to obtain desired learner responses by April 13, 1999. Ask questions which are clear and require students to reflect before responding by April 13, 1999. Circulate about the room as students engage in seatwork and assist students as needed by April 13, 1999. Consequences for failure or refusal to remediate all areas identified as deficiencies: Will result in an unsatisfactory IPAS evaluation and termination of contract. Respondent received a copy of this document on January 7, 1999, but refused to sign it. The "behavior management" Performance Development Plan read as follows: Identified Deficiencies Fails to maintain consistency in the application of policy and practice by: Establishing routines and procedures for the use of materials and the physical movement of students. Formulating appropriate standards for student behavior. Identifying inappropriate behavior and employing appropriate techniques for correction (6B-5.007). -Fails to demonstrate an awareness of what all students are doing. Strategies for Improvement, Corrections, and Assistance Mr. Jones will observe Ms. Greifinger's class to witness her technique in behavior management. Discussion to follow by January 21, 1999. Mr. Jones will observe Mr. Lyons' class to witness his techniques in behavior management by January 28, 1999. Discussion with Mr. Fegers and Mr. Lyons to follow. Mr. Jones will observe Mr. Watkins' class to witness his techniques in behavior management by January 28, 1999. Mr. Jones will receive assistance from Ms. Mendelson, Mr. Fegers, Mr. Roseburr and selected teacher(s) to develop a behavior management plan including rules, rewards and including consequences by January 14, 1999. Mr. Jones will develop a phone log system which will indicate conversations, conferences with parents, specific student infractions, and disposition of all of the above with the assistance of Ms. Mendelson by January 21, 1999. Mr. Fegers will observe classroom to help identify inappropriate behaviors and follow-up with discussion to include appropriate ways to desist inappropriate behavior by January 28, 1999. Expected Outcomes and Timeline Maintain consistency in the application of policy and practice. Establish routines and procedures for the use of materials and the physical movement of students by April 13, 1999. Formulate appropriate standards for student behavior by April 13, 1999. Identify inappropriate behavior and employ appropriate techniques for correction (6B-5.007) by April 13, 1999. Demonstrate an awareness of what all students are doing by April 13, 1999. Consequences for failure or refusal to remediate all areas identified as deficiencies: Will result in an unsatisfactory IPAS evaluation and termination of contract. Respondent received a copy of this document on January 7, 1999, but refused to sign it. The "classroom management" Performance Development Plan read as follows: Identified Deficiencies Fails to create and maintain an organized and pleasant working environment in the classroom. Fails to encourage students to participate and contribute to class activities. Fails to establish an environment conducive to positive peer interaction. Fails to identify individual social, emotional and/or physical needs that might affect school success. Strategies for Improvement, Corrections, and Assistance Mr. Watkins will assist in the setting-up and organizing of the classroom to include aesthetically appealing academic and social environment by January 14, 1999. Ms. Greifinger will discuss different student activities that will foster participation and interaction 2-3 times by February 11, 1999. Should a 504 student be assigned to your team, Ms. Hogan will review 504 plans and discuss ways to modify curriculum and implement in classroom (Date to be determined). Expected Outcomes and Timeline Create and maintain an organized and pleasant working environment in the classroom by April 13, 1999. Encourage students to participate and contribute to class activities by April 13, 1999. Establish an environment conducive to positive peer interaction by April 13, 1999. Identify individual social, emotional and/or physical needs that might affect school success by April 13, 1999. Consequences for failure or refusal to remediate all areas identified as deficiencies: Will result in an unsatisfactory IPAS evaluation and termination of contract. Respondent received a copy of this document on January 7, 1999, but refused to sign it. The "[s]trategies" set forth in the Performance Development Plans were reasonably designed to enable Respondent to improve his performance in the areas of "lesson presentation," "classroom management," and "behavior management." These "[s]trategies" were implemented. Those at the school asked to assist Respondent provided him the requested assistance (with Respondent's cooperation). 10/ On January 27, 1999, Respondent was observed in the classroom by Mr. Fegers. On February 1, 1999, Mr. Fegers and Ms. Jones met with Respondent to discuss Mr. Feger's January 27, 1999, observation. In addition, Mr. Fegers sent Respondent the following memorandum, dated February 9, 1999, in which he described and commented on what he had observed during the observation: This is a follow up to our conference on Monday, February 1, 1999. On Monday, February 1, 1999, we met to discuss my observation of your teaching that occurred on Thursday, January 27, 1999 from 1:38-2:13 P.M. Ms. Jeanie Jones, our Principal, was also present at the follow up conference. Based on my observation we discussed the following suggestions/comments for your consideration: All students were seated when I arrived. Your rules were not posted. 11/ You were working on F-CAT testing exercises. At 1:55 A.M. I observed eight students not doing any work. I stated my concerns that the students should not be given 30 minutes to do an assignment without you following up to see if they are on task. I recommend that additional assignments be given so that students do not sit and do nothing. The class is becoming increasingly noisy with no redirection from you. This is unacceptable. Finally, you stated to the class, "Alright people listen up!" Nothing followed that comment so the class continued talking. The talking continued because of down time, with students having nothing to do. You then started passing out papers one- by-one to students randomly which took a great deal of time. By this time most of the class was off task. This is unacceptable. Varied instructional activities as well as pacing of assignments would eliminate the majority of the misbehavior. This did not occur. We agreed that I would come back this week for another observation. Mr. Fegers next observed Respondent in the classroom on February 5, 1999. Following the observation, Mr. Fegers sent Respondent the following memorandum, dated February 9, 1999, in which he described and commented on what he had observed during his February 5, 1999, observation: On Friday, February 5, 1999, I observed you teaching your class from 8:50-9:20 A.M. Based on my observation are the following suggestions/comments for your consideration. I found the classroom to be orderly with all students seated at t[]he beginning of my observation. You reviewed the rules and expectations with your class. Your rules were also posted. One student was seated with a washcloth on top of his head. He was not asked to remove it. This is unacceptable and you will need to redirect inappropriate behavior that does not follow the code of conduct. I observed you passing out six writing assignments to students for talking. I observed you circulating and assisting students on division, simplifying fractions and multiplication. I observed you redirecting inappropriate behavior back to the assignment. Some students were requesting pencils at 9:15. Please make sure all students have something to write with at the beginning of the class. This should also be part of your discipline plan, that students come to class with paper and pencil prepared to work. Please let me know if I can be of further assistance. Respondent provided Mr. Fegers with the following written response to Mr. Feger's memorandum concerning the February 5, 1999, observation: #1. Thanks for the positive observation. #2. Yes this is true. I will follow your suggestion. #3. Thanks for the positive observation. #4. Thanks for the positive observation. #5. I have tried your suggestion, it doesn't work. They don't care and they don't want to work. That's why they don't come prepared. On February 17, 1999, Respondent was observed in the classroom by Ms. Jones. Following the observation, Ms. Jones sent Respondent the following memorandum, dated February 17, 1999, regarding her "observation [of] February 17, 1999." It read as follows: On this date I observed your C group in a math class. You were teaching least common denominators for fractions and had several examples on the board. Students came into the room noisily and it took about 7 minutes to get them quieted down and settled for work. You reminded them of the behavior rules. Some students were unprepared for work and had no notebook paper or pencils. Although there were stated consequences for students who misbehaved, there were no consequences for unprepared students. At the beginning of the lesson, you had a student hand out SAT review packets to each student and told them it was due on Friday and that the packet would be their homework for the next two days. You said that anybody could help them with the answers. I am questioning why you would give such a large body of work to these students and then ask them to complete it on their own. These students would benefit far better from you working out each problem with them, and/or allowing them to work in cooperative groups on a small number of problems at a time. This assignment is a concern to me, because I feel that it is a frustrating assignment to these students. Additionally, and most importantly, this is review for the SAT and they need your direct instruction and supervision. They will give up on this assignment because it is too much for them to "bite off" at one time. Students need to be taught to their instructional level, not their frustration level. Again, I feel that teacher directed instruction and cooperative learning activities would be more successful with these students, especially for the SAT review which is critical. I did not feel the answers to the examples should have already been up on the board; however, you did go over each problem thoroughly and had the students figure out how you arrived at the answer. You stopped disruptive behavior and gave two writing assignments out to disruptive students. You helped them learn how to use their calculators properly. You got students to raise their hands for answers and had students contributing to the lesson. You told the students you were going to give them examples of similar math problems to work out themselves, but the four problems you gave them were not exactly the same as the examples i.e., you did not provide a problem with mixed numbers. I see that you are making an effort to work with your students and that you are preparing lessons for them. Your classroom discipline appears to be improving, but still needs some work as students are still coming unprepared for classwork. Please continue to pay attention to the needs of your students, particularly when it comes to assignments that you request they do on their own. On March 3, 1999, Respondent was observed in the classroom by Mr. Fegers. Following the observation, Mr. Fegers sent Respondent the following memorandum, dated March 5, 1999, in which he described and commented on what he had observed during the observation: On Wednesday, March 3, 1999, I observed you teaching your class from 1:35-2:05 P.M. Based on my observation the following are suggestions/comments for your consideration: The students were extremely noisy. You were seated on a stool in the front corner of the room. 12/ You were not redirecting student misbehavior. No attempt to stop the misbehavior occurred. I did not observe you reviewing the rules and expectations that students were to follow. I strongly recommend that you follow the discipline plan as [you] indicated you would. You had three math problems on the overhead for students to do. One of which was the following, "5 is what % of 20?" The students were confused with not only this problem but also the other two. You went over the problem, but not step by step so that the students could follow along. They were confused. It would have been much more beneficial if the exercise or problems were broken down into simpler forms so that your class could understand. You did not take into consideration the appropriate levels or activities of classwork that meet the students' needs. Also the directions should have been clear, brief, and explicit for student understanding. This did not occur. 13/ Two students were reading a magazine, 14/ five were sleeping (literally), right under your nose, one was working with your attendance sheet while class was supposedly going on. This is unacceptable and you will need to redirect inappropriate behavior that does not follow the code of conduct. Additionally, I question why a student was working with a confidential document. 15/ I observed an atmosphere of animosity within the class, as evidenced by your voice inflection and you telling several students to shut up. You also asked me to speak to a student who you claimed had a beeper. I removed the student after the observation was finished and escorted him to the office. The student did not have a beeper. You accused the wrong student. You had claimed that the beeper went off in class, which it may have, but it was not the fault of the young man you requested I remove. Based on the observation done to date your performance in the areas identified in your Performance Development Plan are unsatisfactory. Ms. Jones, on March 5, 1999, filled out an "IPAS" evaluation form rating Respondent "unsatisfactory" in "overall performance" and in the "performance areas" of "lesson presentation," "classroom management," and "behavior management" and rating him "satisfactory" in the remaining seven "performance areas." That same day, she and Mr. Fegers met with Respondent and Mr. Itzkowitz to discuss this "mid-point evaluation," which Ms. Jones showed to Respondent during the meeting. Respondent was advised that he ”needed to utilize appropriate instructional techniques to engage his students, encourage his students to participate and contribute to class activities, demonstrate an awareness of what his students are doing and stop all inappropriate behavior before it spreads or becomes more serious." In addition, he was reminded that "the 90th day [of his probationary period] was April 13 per Florida Statutes 231.29 and the documentation process of the IPAS system." Pursuant to a request made by Mr. Itzkowitz, on Respondent's behalf, at the "mid point evaluation" meeting, the following additional "strategy" was added, effective March 5, 1999, to the "Strategies for Improvement, Corrections, and Assistance" portion of the "lesson presentation" Performance Development Plan: Mr. Fegers, Ms. Greifinger and Mr. Jones will meet to plan a lesson, modeled by Ms. Greifinger and implemented by Jones & observed by Fegers by 3/17/99. On or about March 17, 1999, in accordance with the "model[ing]" requirement added to the "lesson presentation" Performance Development Plan, Ms. Greifinger, in Respondent's presence, taught a lesson to Respondent's students. Mr. Fegers was present for approximately five to ten minutes of the lesson. During the lesson the students behaved, by and large, as they did when Respondent was teaching them. There were students off task and walking around the classroom to whom Ms. Greifinger "had to speak." Respondent noticed that there was one student who had his head on the desk and was listening to a Sony Walkman. Ms. Greifinger said nothing to this student. Mr. Fegers was supposed to observe Respondent teach the lesson that Ms. Greifinger had "modeled." He had initially planned to conduct such an observation the week before spring break, but upon reconsideration (without consulting with Respondent or Mr. Itzkowitz) he determined that, in fairness to Respondent, such an observation should be conducted after spring break. The last school day before spring break was March 26, 1999. Respondent worked that day. It was the last day he reported to work. Sometime after the beginning of spring break, Respondent determined that, because of job-related stress and anxiety (resulting, in part, from his belief that he was being treated unfairly by school administrators), he was not able to perform his assigned duties at Plantation. Accordingly, he did not return to work on April 5, 1999, after the end of spring break, and he remained out of work thereafter. In accordance with School Board policy, each week that he was out (prior to the initiation of disciplinary action against him), he provided advance notice that he would be absent by telephoning "sub- central" and advising of his anticipated absence and the resultant need for the School Board to hire a substitute teacher to teach his classes. On occasion, Respondent also telephoned Ms. Jones' secretary (at the secretary's home) to let the secretary know that he would be absent. Respondent, however, did not initiate any direct contact with Ms. Jones. On or about April 12, 1999, Ms. Jones sent to Respondent, by certified mail, a letter, which read as follows: Please be informed that your 90th day according to Florida Statute 231.29 and as indicated on your Performance Development Plan is April 13. Due to your absenteeism, we were unable to meet for a final evaluation. We will meet in my office on Monday, April 19 at 12:15 P.M. Please call this office as soon as possible to inform us if you will be attending this meeting. Respondent neither telephoned Ms. Jones, nor attended a meeting with her on April 19, 1999. On that date (April 19, 1999), Ms. Jones filled out an "IPAS" evaluation form rating Respondent "unsatisfactory" in "overall performance" and in the "performance areas" of "lesson presentation," "classroom management," and "behavior management" and rating him "satisfactory" in the remaining seven "performance areas." In Ms. Jones' view, although at certain times during the probationary period Respondent had shown some improvement in his performance, "[t]here was nothing [in the way of improvement] on a consistent basis." At no time, however, did Ms. Jones believe that Respondent's performance was so deficient as to warrant his immediate removal from the classroom. Although Mr. Roseburr was not charged with the responsibility of supervising Respondent, he did have occasion to go to Respondent's classroom and see Respondent interact with his students. During these visits, it appeared to Mr. Roseburr that Respondent was discharging his teaching duties in the same satisfactory manner he had during the three previous school years. Respondent was "always in control and working with the students." Mr. Jackson, the leader of Respondent's team, also had a favorable view of Respondent's performance during the 1998-99 school year. According to Mr. Jackson, Respondent "always showed professionalism, spoke to the students in a positive light, . . . [and] would go out of his way to try to get them interested to do their work," employing "[v]ery creative" tactics to accomplish his objective. Another teacher at the school who had the opportunity to see Respondent perform in the classroom during the 1998-99 school year was Claire Peterson. Ms. Peterson provided special instruction to low performing students in the school's "pull out" program. She had occasion to visit Respondent's classroom about every other day to "pull out" students in the program. During these visits, she noted that Respondent's students "seemed to be on task" and "doing what he asked of them," for the most part, and that "education was taking place." 16/ She thought that Respondent was doing a "great job." On or about April 19, 1999, Ms. Jones began her efforts to make telephone contact with Respondent. Her efforts were unsuccessful. She left messages on Respondent's answering machine asking that he inform her when he intended to return to work. Respondent did not return Ms. Jones' telephone calls. By memorandum dated April 22, 1999, Ms. Jones recommended to Dr. Dorothy Or, the then-Interim Superintendent of Schools, that Respondent's employment be terminated. The memorandum read as follows: Pursuant to Florida Statute 231.29, I am writing to inform you that Eugene Jones, teacher, has completed his 90 calendar day performance probation and has failed to correct his performance deficiencies. I do not believe that Mr. Jones can correct said deficiencies and his employment should be immediately terminated. I have complied with all applicable provisions of Florida Statutes 231.29 and have appropriate documentation (see attached). Please inform me of your final decision in this matter. By letter dated April 30, 1999, Ms. Orr advised Respondent that she was recommending that the School Board formally suspend him, without pay, from his teaching position for "unsatisfactory job performance." On or about May 3, 1999, Mr. Itzkowitz, on behalf of Respondent, sent Ms. Jones the following letter: I have recently spoken with Eugene Jones. As you are aware, Mr. Jones has been ill and is currently under a doctor's care. He has informed me that you have tried to contact him by mail but that he is not in receipt of said correspondences. As a result, on behalf of Mr. Jones I request copies of any letters sent to him by your office in the past ninety days. Upon receipt, I shall forward them to Mr. Jones. Additionally, I request that a meeting be scheduled for the purpose of discussing Mr. Jones' annual assessment for the current school year. Both Mr. Jones and I would like to meet with you. I look forward to hearing from you on each of these matters. The meeting that Mr. Itzkowitz had requested in his May 3, 1999, letter was held in "the middle of May." At the meeting, Ms. Jones did not ask any questions regarding Respondent's absence from school. After seeing a physician about the stress and anxiety he was experiencing, Respondent applied for social security and long-term disability benefits. In applying for long-term disability benefits, Respondent submitted a completed Long Term Disability Claim Employee's Statement form, dated May 14, 1999, to the School Board's carrier, UNUM. The following are questions that were on the form concerning his "disability" and "the condition causing [his] disability" and the entries Respondent made in response to these questions: Why are you unable to work?-- c[h]ronic anxiety state/job stress. Does your current condition prevent you from caring for yourself?-- No. Before you stopped working, did your condition require you to change your job or the way you did your job?-- Yes. I could not perform my job d[ue] to my condition. Is your condition related to your occupation?-- Yes. Last day you worked before the disability-- 3-26-99 Did you work a full day?-- Yes. Date you were first unable to work?-- 4-5- 99. Have you returned to work?-- No. If you have not returned to work, do you expect to-- Yes, if I'm allowed, full time, (date) unknown. As part of the application process, Respondent also had his treating physician, Edwin Hamilton, M.D., complete and submit to UNUM a Long Term Disability Claim Physician's Statement. On the form, dated June 3, 1999, Dr. Hamilton stated, among other things, the following: Respondent's primary diagnosis was "chronic anxiety state"; Respondent's symptoms were "inability to sleep, stress, [and] nervousness"; Respondent's symptoms had first appeared "prior to 4/99"; Respondent had first been unable to work "prior to 4/99"; Respondent's first visit to his office had been April 1, 1999, and his last visit had been April 20, 1999; Respondent's condition was work related 17/ ; Respondent had been referred to a medical social worker and advised to see a psychiatrist 18/ ; Respondent should not and could not "work in the present school classroom environment"; Respondent's prognosis was "guarded at this point"; Respondent had not "achieved maximum medical improvement"; he "expect[ed] fundamental changes in [Respondent's] medical condition" in "more than 6 months"; Respondent "should remain out of the school classroom environment for the time being"; and Respondent "may be able to improve on medical/psychiatric consults." By letter to Ms. Orr, dated May 17, 1999, Mr. Itzkowitz "request[ed] a formal 120 hearing on [Respondent's] behalf." On May 18, 1999, the School Board took action to suspend Respondent, without pay, pending the outcome of the "formal 120 hearing" Respondent had requested.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the School Board enter a final order immediately reinstating Respondent and paying him his "back salary." DONE AND ENTERED this 13th day of April, 2001, in Tallahassee, Leon County, Florida. STUART M. LERNER 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 13th day of April, 2001.
The Issue Whether the Respondent's teaching certificate should be disciplined for alleged acts of incompetence and ineffectiveness as set forth in the Administrative Complaint, dated July 23, 1996, in violation of Sections 231.28(1)(b) and (f), Florida Statutes.
Findings Of Fact The Respondent holds Florida teaching certificate 353304, covering the area of English, which is valid through June 30, 1999. During the 1992-1993, 1993-1994 and first half of the 1994-1995 school years, the Respondent was employed as a teacher at Oak Ridge High School in the Orange County School District. 3. During the 1992-1993, 1993-1994 and 1994-1995 school years, administrators at Oak Ridge High School received numerous complaints from students and parents about the Respondent’s teaching performance. Many students requested permission to be transferred out of the Respondent’s English class because they were not learning anything. 4. During the 1992-1993, 1993-1994 and 1994-1995 school years, administrators at Oak Ridge High School conducted both formal and informal observations of Respondent’s teaching performance in the classroom. The administrator’s observations consistently disclosed that Respondent was disorganized and not in control of her students. Respondent exercised poor disciplinary methods with her students. Upon repeated requests, Respondent could not produce her grade book, or other documentation, to support her grading of students. Respondent’s behavior with, and around, students in the classroom was erratic and aberrant. Her actions in and out of the classroom were unusual, inexplicable and disturbing to her students and colleagues. Respondent’s assigned room was disheveled and dirty. Although administrators at the high school offered the Respondent professional help, made useful suggestions and recommended workshops and in-service training, the Respondent failed to follow their advice or attend any workshops or training sessions. As the result of her erratic and aberrant conduct, in January 1995, the Respondent was relieved of her teaching duties by the Orange County School District and directed to undergo psychiatric evaluation. The Respondent refused to comply with said directive. The Orange County School District brought dismissal proceedings against the Respondent based upon her unsatisfactory teaching performance, her inappropriate conduct and behavior, and her refusal to comply with directives. The Respondent failed to respond to the notice of the recommendation for dismissal. Respondent was subsequently dismissed from her position of employment. The Respondent’s teaching performance during the 1992- 1993, 1993-1994 and the first half of the 1994-1995 school years demonstrated that she was incompetent to teach. The Respondent’s personal conduct during the 1992-1993, 1993-1994, and the first half of the 1994-1995 school years at Oak Ridge High School seriously reduced her effectiveness as an employee of the Orange County School Board.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be issued finding that Respondent, Ruby Lightsey, did violate the provisions of Sections 231.28(1)(b)and (f), Florida Statutes, due to her incompetence and ineffectiveness. It is further RECOMMENDED that a Final Order be issued revoking Respondent’s teaching certificate subject to re-application upon such conditions as the Education Practices Commission shall deem appropriate and necessary. DONE AND ENTERED this 11th day of April, 1997, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904)488-9675 SUNCOM 278-9675 Fax filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 11th day of April, 1997. COPIES FURNISHED: J. David Holder, Esquire 14 South 9th Street DeFuniak Springs, Florida 32433 Ms. Ruby Lightsey 524 Kittredge Drive Orlando, Florida 32805 Michael H. Olenick General Counsel Department of Education The Capitol, PL-08 Tallahassee, Florida 32399-0400 Karen B. Wilde Executive Director The Florida Education Center Room 224-B 325 West Gaines Street Tallahassee, Florida 32399 Kathleen M. Richards, Administrator Professional Practices Services 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400
Recommendation In light of the foregoing, it is RECOMMENDED: That the Department enter a Final Order DENYING Katz' application for a Florida teacher's certificate for the reasons set forth in the Department's letter of January 27, l987, and the "Notice of Reasons" which accompanied that letter. DONE AND ORDERED this 17th day of June, 1987, in Tallahassee, Florida. WILLIAMS J. KENDRICK Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 17th day of June, 1987.
The Issue Whether Respondent violated section 1012.795(1)(g) and (j), Florida Statutes (2015),1/ or Florida Administrative Code Rule 6A-10.081(3)(a), (e), or (i),2/ as charged in the Amended Administrative Complaint, and, if so, what is the appropriate sanction.
Findings Of Fact Petitioner is responsible for the investigation and prosecution of complaints against holders of Florida Educator Certificates who are accused of violating section 1012.795 and related rules. At all times material to the allegations in this case Respondent held Florida Educator’s Certificate 1023593. The certificate covers the area of chemistry, and is valid through June 30, 2019. Respondent became a full-time high school teacher in the Seminole County School District (SCSD) during the 2006-2007 school year. At all times material to the allegations, Respondent was employed by the SCSD as a teacher at Seminole High School (High School). In or around October 2013, Respondent was asked if she would be interested in working with the Hospital Homebound program (HH).6/ The HH offered to compensate Respondent for the time she spent assisting students. Respondent agreed to be involved with the HH. Respondent was assigned to tutor C.P. During the 2013-2014 school year, C.P. attended the High School, and was a student in one of Respondent’s classes. C.P. candidly testified that he had scoliosis.7/ In late November 2013, C.P. had surgery to correct his spine. The surgery included placing rods in his back to straighten it. In early December 2013, Respondent went to C.P.’s home to begin the tutoring. On her initial visit to C.P.’s home, she brought C.P. a Slurpee, and found him resting in his bed. C.P. understood that Respondent was to help him keep current in all of his classes. C.P. did not show Respondent his back and did not tell Respondent that he had rods or wires in his back. C.P. did not discuss with Respondent a need for food or that he needed a new mattress. A short time later, Respondent left C.P.’s residence, and later returned with fried chicken, books, Cheez-it crackers, and a poinsettia flower. Respondent went to Principal Collins and expressed concerns about C.P.’s health and his family’s financial situation. Respondent opined that C.P.’s family was “poor.” Respondent told Principal Collins she had taken food and other items to the family. Respondent also told Principal Collins there were wires coming out of C.P.’s back and thought a better mattress would help C.P. Respondent wanted to know if the school could help the family. Principal Collins appreciated the concern Respondent had for C.P.’s circumstances, but it was not something the High School could provide. Ms. Guy works in the front office of the High School. Respondent told Ms. Guy there was no food in C.P.’s home. Ms. Guy did not inquire about C.P., and did not know why Respondent discussed private student information with her. D.D. was in Respondent’s sixth-period class at the High School during the 2013-2014 school year. D.D. credibly testified that Respondent spoke of a student whom she was tutoring. Respondent told the class that the student was ill, could not walk and did not have any food in the home, so she brought chicken to the family. D.D. heard that Respondent spent $40 on C.P.’s family. Respondent later stated C.P.’s name to the students. C.M. was in Respondent’s first-period class at the High School during the 2013-2014 school year. C.M. is not one of C.P.’s “immediate friends” and had no knowledge of C.P.’s surgery before Respondent spoke of it. C.M. credibly testified that Respondent told students that C.P. did not look well, and she could see wires on C.P.’s back. M.R. was in one of Respondent’s classes at the High School during the 2013-2014 school year. M.R. credibly testified that while other students were in the classroom, Respondent told the students that C.P.’s family did not have food, and he was too weak to get out of his bed. M.R. testified that she, E.B., C.P., Student J, and Student C were friends. M.R. also testified that C.P. shared with his friends about his upcoming back surgery. E.B. was in Respondent’s sixth-period class at the High School during the 2013-2014 school year. E.B. credibly testified that Respondent told the class about C.P.’s physical condition. E.B. acknowledged that he and C.P. were friends, almost like brothers. After Respondent made the statements in class concerning C.P., E.B. immediately texted C.P. regarding her comments. Following Respondent’s comments in class, E.B. had other students coming to him, inquiring about C.P.’s well- being. When C.P. heard what Respondent had said in her classes, C.P. was “saddened, a little bit angry and upset.” C.P. then texted his mother at work, who became upset upon hearing what information was shared about her son. Ms. C.P. is a single working mom. The family lives in a four-bedroom, two-bath, and two-living room house. Ms. C.P. has paid the mortgage on the house for over 20 years. Ms. C.P. took time off from work to go to the High School. Initially Ms. C.P. spoke with Ms. Guy and expressed her rage at the private information shared about her son. Ms. C.P. spoke with an assistant principal about what Respondent had said in her classes. Ms. C.P. and C.P. went to the High School after C.P. heard more of what Respondent had said about C.P. Prior to going to the High School, Ms. C.P. went to the bank, withdrew $40 and gave it to C.P., so he, in turn, could give the money to Respondent. While on the High School campus, C.P. went to Respondent’s classroom, and gave the $40 to Respondent. C.P. wanted to give Respondent the $40 as he did not want to be portrayed as poor. C.P. credibly testified that “I’m not poor in my eyes so I felt it was necessary to reimburse her [Respondent] for what she claimed that she spent in food for me.” As part of an investigation into the allegations made by Ms. C.P. and C.P., Principal Collins invited students from Respondent’s classes to provide statements regarding any comments made by Respondent about C.P. The statements, written by individual students who testified at the hearing, and which were ratified as true when written, demonstrated that Respondent had specifically referenced C.P., his medical condition, Respondent’s thoughts that C.P. was poor, and that Respondent had brought food and a flower to him. During the 2013-2014 school year, Mr. Bevan served as an Assistant Principal (AP) at the High School. Following reports of confidential student information being shared with other students, AP Bevan interviewed several students. He then attempted to provide Respondent with an opportunity to discuss the circumstances from her perspective. Respondent became somewhat distraught and AP Bevan offered to obtain coverage for her class. Respondent calmed down and declined the offer of coverage. Respondent left AP Bevan’s office and went to the media center where her class was to meet. Respondent did not stay with the class, but instead left the campus. Following the investigation, Principal Collins determined there were inappropriate confidential matters about C.P. shared with other students and staff. As a result, on December 18, 2013, Principal Collins issued a letter of reprimand to Respondent. The Superintendent recommended and the SCSB approved a two-day suspension as a result of Respondent’s conduct. Respondent was on medical leave beginning on January 7, 2014, through March 10, 2014. Respondent served the suspension on April 15 and April 22, 2014. Respondent’s disciplinary history also includes an October 25, 2013, letter of reprimand for using profanity with a student.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission enter a final order finding that Respondent violated section 1012.795(1)(g) and (j), and rule 6A-10.081(3)(a), (e), and (i). It is further RECOMMENDED that the Education Practices Commission place Respondent’s educator certificate on probation for two years. The Education Practices Commission shall establish the terms and conditions of Respondent’s suspension and probation, which may include the cost of monitoring the probation. DONE AND ENTERED this 13th day of May, 2016, 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 13th day of May, 2016.
The Issue Whether Respondent's teaching certificate should be revoked pursuant to Chapter 231, Florida Statutes, as set forth in petition, dated November 8, 1979. She is charged with obtaining a Florida substitute teaching certificate by fraudulent means and of grossly immoral conduct. Respondent Judy D. Linder appeared at the hearing unaccompanied by legal counsel or other representative. Her rights in an administrative proceeding were explained to her by the Hearing Officer and she acknowledged that she understood such rights. She elected to represent herself at the hearing. At the commencement of the hearing, the parties advised the Hearing Officer that the Respondent admitted the barges against her and did not desire to contest the allegations contained in the petition. The Respondent agreed to this arrangement pursuant to an understanding with Petitioner that it would recommend disciplinary action consisting of suspension of her teaching certificate for a period of one year to the State Board of Education. Respondent was advised by the Hearing Officer as to her rights to contest the allegations, but Respondent stated that she did not desire to do so. Accordingly, the matter was tried as an uncontested proceeding, pursuant to Rule 28-5.25(5), Florida Administrative Code. Petitioner presented documentary evidence in support of its allegations and the sole witness at the hearing was the Respondent who testified as to matters in mitigation and extenuation. (Petitioner's Exhibit 1).
Findings Of Fact On January 7, 1975, Respondent pleaded guilty to petit larceny in violation of Section 811.021(1)(d), Florida Statutes, in the Duval County Court, and was convicted of the offense and sentenced to pay a fine of $50.00, plus court costs. The offense involved taking unpurchased merchandise consisting of infant wear and two pairs of hose from a department store with intent to convert the same to personal use. (Petitioner's Exhibit 2) On June 5, 1975, Respondent was found guilty in the County Court of Duval County of violating driver license restrictions in violation of Section 322.16, Florida Statutes. She was sentenced to pay a fine in the amount of $15.00, plus court costs. (Petitioner's Exhibit 3) On March 1, 1977, Respondent pleaded guilty to the offense of petit larceny in violation of Section 812.021(1)(d), Florida Statutes, in the County Court of Duval County, and was sentenced to be imprisoned in the county jail for a term of 30 days, plus payment of court costs. The offense involved taking unpurchased merchandise consisting of one bottle of lotion from a discount store with intent to convert the merchandise to personal use. (Petitioner's Exhibit 4) On August 9, 1978, the State Department of Education received an application for a substitute teacher's certificate from Respondent. Section V of the application read as follows: "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? Yes No . If yes, give details below." The word "No" was checked on the application. Section VI of the application included a signed notarized statement that the applicant understood that Florida Statutes provide for revocation of a teacher's certificate if evidence and proof is established that the certificate has been obtained by fraudulent means. It further stated "I further certify that all information pertaining to this application is true and correct." (Petitioner's Exhibit 5) On September 21, 1978, Respondent was issued Florida Substitute Teaching Certificate No. 441949, Substitute, Sank 3, valid through June 30, 1988. (Petitioner's Exhibit 6) Respondent testified that she had falsified her application for certification because she was "afraid." She further testified that she is now married and has a family and that she has rehabilitated herself. She desires to retain her certificate and work toward obtaining a full-time teacher's certificate in the future. She is presently employed as a teacher's aide at an elementary school in Boynton Beach, Florida. (Testimony of Respondent)
Recommendation That Respondent's substitute teaching certificate be suspended for a period of one year pursuant to Section 231.28, Florida Statutes. DONE and ENTERED this 6th day of May, 1980, in Tallahassee, Florida. THOMAS C. OLDHAM Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Craig R. Wilson, 315 Third Street West Palm Beach, Florida Hugh Ingram, Administrator Professional Practices Council Room 3, 319 West Madison Street Tallahassee, Florida 32301 Ms. Judy D. Linder 719 Executive Center Drive Apartment 205-E West Palm Beach, Florida 33401
The Issue Whether the Respondent's teaching certificate should be disciplined in accordance with Sections 231.262(6) and 231.28(1), Florida Statutes, for alleged acts of misconduct as set forth in the Amended Administrative Complaint, dated May 19, 1993, in violation of Sections 231.28(1), Florida Statutes, and the Florida Code of Ethics of the Education Profession, Rule 6B-1.006, Florida Administrative Code.
Findings Of Fact The Respondent holds Florida Teaching Certificate No. 454394, covering the areas of Elementary Education, Junior High School Science, and Administration and Supervision, which is valid through June 30, 1994. At all times pertinent to the allegations in this case, Respondent was employed as a teacher at Lake Mary Elementary School in the Seminole County School District. On or about March 14, 1988, Respondent was arrested in Volusia County, Florida, and charged with Sexual Activity with a Child by a Person in Familial or Custodial Authority and Committing a Lewd and Lascivious Act in the Presence of a Child. A Felony Arrest Warrant for Respondent was issued by the Circuit Court of Volusia County, dated March 11, 1988. An Information was thereupon filed against Respondent in the case of State of Florida v. Larry O. Williams, Case No. 88-17776, and it charged Respondent with two (2) offenses: Count I: Sexual Activity with a Child by a Person in Familial or Custodial Authority, and Count II: Committing a Lewd and Lascivious Act in the Presence of a Child. The state issued a Nolle Prosequi to the charge of Sexual Activity with a Child. Respondent entered a plea of Nolo Contendere to the lesser included charge in Count II of Attempted Lewd or Lascivious Act in the Presence of a Child, a third degree felony. On or about April 16, 1990, Respondent was adjudicated guilty of Attempted Lewd or Lascivious Act in the Presence of a Child by the circuit court. He was sentenced to serve three (3) years probation, pay $41.00 per month for the cost of supervision, pay $225.00 in court costs and fines, and successfully complete sexual offender counseling. He was also ordered to have no further contact with the victim or any other individuals involved in the case. Detective Diana Floyd, with the Edgewater Police Department, was one of the detectives who assisted in the investigation of Respondent. The victim of the criminal activity by Respondent was Kristina Adkins. Detective Diana Floyd interviewed Kristina Adkins as part of her investigation on March 9, 1988. or about March 15, 1988, the Respondent was suspended with pay by the Seminole County Superintendent of Schools, Robert W. Hughes. On or about March 24, 1988, the Respondent was suspended without pay by the School Board of Seminole County. Respondent was on an annual contract, and his contract called for a renewal each year. The School Board, on or about March 24, 1988, decided not to renew his contract for the following school year. During the 1987-1988 school year, Naomi Whitker was a fifth grade student at Lake Mary Elementary School, and was frequently in Respondent's classroom because her best friend, Cristie Braddy, was a student in Respondent's class. At that time, Naomi Whitker was ten years of age. Naomi Whitker and Cristie Braddy would regularly assist in Respondent's classroom, generally after school. On a regular basis, Respondent would touch Naomi Whitker's buttocks and hug her while she was in his classroom. This occurred during the 1987-1988 school year at Lake Mary Elementary School. The student would put her arms around Respondent's waist, and he would put his hands around her back and then move them slowly down until he touched her buttocks. Naomi Whitker did not think that it was right for a teacher to touch her in that way, and she felt uncomfortable and confused. A similar incident occurred when Respondent hugged Naomi and grabbed her buttocks as he was dropping the two girls off after taking them to dance class. On one occasion in late February or early March, 1988, Naomi was hanging up something on Respondent's classroom wall, and was standing on a chair. Respondent came over, reached under her clothing, and put his hands on her stomach while he was holding her. As a result of this touching of Naomi's stomach, she turned and ran out of the class. She felt afraid, angry, and embarrassed. She did not tell him to stop, but was so afraid that she ran out of the room. On another occasion, Respondent invited Naomi Whitker, Cristie Braddy, and another girl out during the 1987-1988 school year to Monday night skate night, and to Show Biz Pizza thereafter. Respondent paid for the entire evening. As they were driving Respondent asked Cristie if she had any underwear on. Respondent also told Cristie that he was not wearing any underwear either. Cristie Braddy, a student in Respondent's fifth grade class at Lake Mary Elementary School in the 1987-1988 school year, and best friend of Naomi Whitker at that time, was touched by Respondent. He would rub Cristie's back and stomach and then go down to her buttocks. He would also rub her shoulders. Respondent also touched Cristie Braddy outside of the classroom, specifically at Show Biz Pizza, where he touched her back and shoulders. Also on a school sponsored camping trip he rubbed Cristie Braddy and touched her on the outside of her clothes, when he touched her back and shoulders, but on the inside when he touched her stomach. The touching of Cristie Braddy by Respondent occurred during the entire 1987-1988 school year, and was not an isolated incident. It occurred on a daily basis. On separate occasions, Respondent asked Naomi Whitker and Cristie Braddy to come over to his apartment, and help clean it. However, they declined. On another occasion, Respondent gave Naomi Whitker and Cristie Braddy a silver ring which said "love" on it. In handing the ring to Naomi and Cristie, Respondent said that he wanted them to have it because "I love you". Also during the 1987-1988 school year at Lake Mary Elementary School, Respondent invited Naomi Whitker and Cristie Braddy to the beach or to the mall with him, but they did not go with him. Respondent made inappropriate comments to students in his classroom. For example, he would talk about how he and his wife got divorced because she would not have sex with him. He would also look at Naomi, and say that she needed to shave her legs, or that she was in a bad mood because she was beginning her period. He would also ask about whether the girls were kissing boys. On another occasion in Respondent's fifth grade classroom at Lake Mary Elementary School, Cristie Braddy was sitting in the teacher's chair. Respondent came up from behind her and sat on the chair directly behind her with his legs spread around her. Cristie Braddy quickly jumped out of the chair and went to a different part of the room. Monica Graham, a student in Respondent's fifth grade elementary class at Lake Mary Elementary School in the 1987-1988 school year, was also touched by Respondent. Respondent touched Monica Graham inappropriately on the shoulders and buttocks on the outside of her clothing, and on one occasion, he pinched her buttocks. Monica Graham, as a result of the touching by Respondent, felt weird and embarrassed because he did it to her in front of the other students. She was also angry and hurt by Respondent touching her. On the same camping trip that Christie Braddy and Monica Graham attended, Respondent, who was a chaperon, told the girls on the camping trip that if they got scared at night, they could come sleep in his tent. Respondent invited Monica Graham to go swimming at his house, and one night asked if she wanted to come over and eat dinner with him. Monica Graham did not go because she told her parents, and they said it was inappropriate. Respondent gave Monica Graham his home phone number. He told Monica it was for help in homework, but when she called, he did not talk about homework. Tiffany Gormly, a fifth grade student in Respondent's fifth grade elementary school class at Lake Mary Elementary School during the 1987-1988 school year, was touched by Respondent. Respondent rubbed her shoulders, and tried to hold her hand. When Respondent tried to hold Tiffany Gormly's hand, she kicked him. As a result of Respondent's touching Tiffany Gormly, she felt uncomfortable and embarrassed. There were other students in front of her when Respondent rubbed her shoulders. She was angry, and told Respondent to stop. Respondent also invited Tiffany Gormly to come to his apartment and go swimming. It bothered her, and she did not go. On occasion, Respondent would look under the long table where students sat, as they watched movies in his classroom, and would try to look up the dresses of the girls.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be issued finding that Larry O. Williams is not guilty of violating the provisions of Sections 231.28(1)(c), Florida Statutes; but is guilty of violating Section 231.28(1)(e), Florida Statutes, for having been convicted of a felony; and is guilty of violating Sections 231.28(1)(f) and (h), Florida Statutes, and Rule 6B-1.006(3)(a), (e) and (h), Florida Administrative Code, due to his inappropriate touching and conduct with four of his students. It is further RECOMMENDED that a Final Order be issued revoking Respondent's teaching certificate for the above violations. DONE AND ENTERED this 24th day of November, 1993, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 24th day of November, 1993. APPENDIX TO RECOMMENDED ORDER, CASE NO. 93-2215 The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on findings of fact submitted by the parties. Petitioner's proposed findings of fact. Accepted in substance: paragraphs 1, 2, 3, 4, 5, 6, 7 (in part), 8 (in part), 9, 42, 44, 46, 47, 48, 49, 50, 51, 52, 53, 54, 56, 57, 58, 59, 60, 61, 62, 64, 65, 66, 68, 69, 72, 74, 75, 76, 86, 87, 88, 89, 90, 91, 92, 93, 96, 98, 99, 102, 103, 104, 105, 107, 111, 114, 116, 117. Rejected as hearsay: paragraphs 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 43. Rejected as irrelevant or subsumed: paragraphs 7(in part), 8 (in part), 20, 38, 39, 40, 41, 45, 55, 63, 67, 70, 71, 77, 78, 79, 90, 81, 82, 83, 84, 85, 94, 95, 97, 100, 101, 106, 108, 109, 110, 112, 113, 115. Respondent did not submit proposed findings of fact. COPIES FURNISHED: Robert J. Boyd, Esquire BOND & BOYD, P.A. 411 East College Avenue Post Office Box 26 Tallahassee, Florida 32302 Larry O. Williams 403 North Monroe Street Versailles, Missouri 65084 Sydney H. McKenzie General Counsel The Capitol, PL-08 Tallahassee, Florida 32399-0400 Karen Barr Wilde Executive Director 301 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Jerry Moore, Administrator Professional Practices Services 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400
The Issue The issue in this case is whether the Education Practice Commission should grant Petitioner's application for a Florida teaching certificate.
Findings Of Fact By Application for Florida Educator's Certificate filed February 22, 1995, Petitioner requested an initial two-year nonrenewal temporary teaching certificate and a two-year part-time coaching certificate. The application discloses that Petitioner was born July 24, 1960. A question on the form asks: Have you ever been convicted, found guilty, entered a plea of nolo contendere (no contest), or had adjudication withheld in a criminal offense other than a minor traffic accident (DUI is NOT a minor traffic violation); or are there any criminal charges now pending against you? SEALED or EXPUNGED records must be reported pursuant to s.943.058, F.S. Failure to answer this question accurately could cause denial of certification. A YES OR NO answer is required by Florida Law. If you check the YES box, you must give the information requested for each charge. Please attach a separate sheet if you need more space. The additional information requested on the form, if the "yes" box is checked, provides spaces for the following information: "city where arrested," "State," "Charge(s)," and "Disposition(s)." In response to this question, Petitioner checked the "yes" box and filled in the three spaces provided. Petitioner disclosed that, in East Williston, New York, in 1978, he was charged with "DUI" and the disposition was "license revocation." (This would mean driver's license because Petitioner answered in the negative the next question on the form, which asks whether he had ever had a teaching certificate revoked or otherwise disciplined in another state.) Petitioner also disclosed that, in Roslyn, New York, in 1979, he was charged with "DUI" and the disposition was "license revocation." Last, Petitioner disclosed that, in Mineola, New York, in 1986, he was charged with "Disorderly-Conduct" and the disposition was "Plead Guilty/Paid Fine [and] Placed on Probation." On a separate sheet of paper attached to the February 22 application and entitled "Arrest/Revocation Record," Petitioner disclosed: In addition to the records I have provided you, I was arrested several other times around the year 1980, and I don't recall the exact dates and dispositions--they were misdemeanors for disorderly conduct, and the charges were either dismissed or reduced and a fine paid. In signing the application, which is acknowledged by a notary, Petitioner attests that "all information pertaining to this application is true, correct, and complete." By Application for Florida Educator's Certificate filed March 11, 1994, Petitioner requested only a two-year part-time coaching certificate. This application is identical to the first except in the disclosure of convictions. In the March 11 application, Petitioner disclosed the East Williston and Roslyn offenses, although the years changed to 1979 and 1980, respectively. Instead of a Mineola offense in 1986, Petitioner listed an Old Westbury offense in 1986. The Old Westbury offense was also for disorderly conduct and the disposition was a guilty plea and payment of fine, although the probation was omitted. Petitioner did not disclose on a separate sheet or otherwise the additional material disclosed on the separate sheet attached to the February 22 application. Petitioner has passed the relevant portions of the examination required of teachers and has met the conditions for issuance of a Florida teaching certificate except for issues in connection with his criminal history. By letter dated February 23, 1995, Respondent informed Petitioner that his application for a Florida teaching certificate had been denied. The letter refers to an accompanying Notice of Reasons. The Notice of Reasons recites that Petitioner filed an application for a Florida teaching certificate in March 1994. The Notice of Reasons notes that Petitioner disclosed only three of ten criminal convictions and concludes that the nondisclosures and convictions themselves constitute violations of the statutes and rules cited in the Preliminary Statement above. On February 19, 1979, Petitioner was arrested and charged with resisting arrest, driving under the influence, and operating a vehicle without a license. This and all other arrests took place in Nassau County, New York. On May 10, 1979, Petitioner pleaded guilty to, and was adjudicated guilty of, the reduced charges of disorderly conduct and driving while ability impaired by alcohol. The court sentenced Petitioner to a $500 fine, alcohol rehabilitation, and restriction of his driver's license to business and school. On September 27, 1979, Petitioner was arrested and charged with driving under the influence and two counts of criminal mischief. On July 2, 1980, Petitioner pleaded guilty to, and was adjudicated guilty of, a reduced charge of two counts of disorderly conduct. The court sentenced Petitioner to a $75 restitution payment or 10 days in jail and conditionally discharged him. On November 25, 1979, Petitioner was arrested and charged with resisting arrest and driving under the influence. The former charge was dismissed. On July 2, 1980, Petitioner pleaded guilty to, and was adjudicated guilty of, driving under the influence. The court sentenced him to a $200 fine and revocation of his driver's license. On January 12, 1982, Petitioner was arrested and charged with assault. On April 12, 1982, Petitioner pleaded guilty to the reduced charge of harassment. The court deferred disposition and conditionally discharged Petitioner pending payment of $32 restitution. On May 19, 1984, Petitioner was arrested and charged with criminal mischief. On April 1, 1985, Petitioner pleaded guilty to, and was adjudicated guilty of, the reduced charge of attempted criminal mischief. The court unconditionally discharged him. On May 26, 1985, Petitioner was arrested and charged with criminal mischief and resisting arrest. On June 12, 1986, Petitioner pleaded guilty to, and was adjudicated guilty of, the charges. The court sentenced Petitioner to three years' probation. On November 5, 1986, Petitioner was arrested and charged with harassment and resisting arrest. On December 1, 1987, Petitioner pleaded guilty to, and was adjudicated guilty of, both charges. The court conditionally released Petitioner. Petitioner is recovering from dependencies on alcohol and drugs. In 1987, he entered a rehabilitation clinic on Pine Island where he underwent a month's treatment. He then entered a halfway house in Ft. Myers for three months. He regularly attends Alcoholic Anonymous meetings and obtains counseling. Prior to obtaining treatment, Petitioner attended St. Johns University and the Berklee College of Music, evidently without obtaining any degrees. Since treatment, Petitioner obtained in 1989 an Associate Arts degree from Edison Community College in Ft. Myers and in 1992 a Bachelor of Fine Arts degree from Emerson College in Boston with a major in acting and a minor in literature. While in Boston pursuing the BFA degree, Petitioner taught writing to gifted high school students and voluntarily performed for high school students plays that Petitioner had written and produced. He also tutored inner city students in reading. In April 1994, Petitioner obtained a statement of eligibility from Respondent. This allowed him to teach for up to two years, during which time he had to apply for a temporary nonrenewable teaching certificate. In August 1994, Petitioner was employed to teach seventh grade social studies and reading at Cypress Lake Middle School in Lee County. After a month, he was transferred to the special education department where he taught students in the middle-school drop-out prevention program. While at the school, Petitioner served as an assistant coach on the girls' basketball team and the boys' baseball team. The principal of the school terminated Petitioner's contract February 21, 1995, evidently when he learned that Respondent would be denying him a Florida teaching certificate. Petitioner has since been employed as a teacher by a private school in Lee County. Petitioner relied on advice from a well-meaning friend when he filed a second application a couple of weeks after filing the first application. The friend had told Petitioner that he could apply for a coaching certificate without applying on the same application for a two-year temporary teaching certificate. The innocent filing of two separate applications generated confusion for both Petitioner and Respondent. When denying Petitioner's request for a teaching certificate, Respondent inadvertently omitted mention of the first application. Similarly, when filing the second application, Petitioner inadvertently failed to include the separate sheet that he included with the first application. However, Respondent already had the separate sheet from the first application. It would be as disingenuous for Respondent to claim lack of knowledge, as to the second application, of the disclosures contained on the separate sheet attached to the first application as it would be for Petitioner to claim that the denial of the second application is not also intended to be a denial of the first application. The adequacy of the disclosures on the separate sheet is a separate matter. The two applications refer to two of the three 1979 arrests and report sentences of revocation of driver's license. The three 1979 arrests actually resulted in convictions for disorderly conduct and driving while ability impaired by alcohol (February 1979 arrest), disorderly conduct (September 1979 arrest), and driving under the influence (November 1979 arrest). The actual sentences were, respectively: $500 fine, driving restrictions, and alcohol rehabilitation; $75 restitution; and license revocation and $200 fine. The first two disclosures do a fair job of revealing Petitioner's first three convictions, especially given the fact that they took place 15 years ago when Petitioner was 18 and 19 years old. Obviously, one arrest/conviction is missing, but it appears that the court disposed of the second and third arrests at the same time and possibly in a consolidate proceeding. This may account for Petitioner's recollection that the second and third arrests were a single case. Also, the separate sheet addresses omissions. The dates are a little off, but the first arrest was early in 1979, and the consolidated disposition of the second and third arrests was in 1980. As reported by Petitioner, the charges are roughly correct, and the dispositions suggest the seriousness of the offenses. It is hard to tell which conviction the third reported arrest signifies. After the three 1979 arrests, there were four more convictions for which Petitioner had to account. To his credit, Petitioner identified 1986 as the year of the arrest, so as not to suggest that his criminal problems were further behind him than they really were. Although none of the actual arrests or convictions is for disorderly conduct, which is what Petitioner reported on the application forms, all four of the convictions could be fairly described as disorderly conduct. The reported and actual dispositions do not preclude the possibility that Petitioner was identifying any of the four arrests. Thus, Petitioner was probably disclosing the November 1986 arrest on the application forms, and he did a reasonably complete job of doing so. The disclosure question is therefore whether the separate sheet adequately accounts for the convictions arising out of the 1982, 1984, and 1985 arrests. These arrests took place "around the year 1980," as Petitioner reported on the separate sheet. "Disorderly conduct," as stated on the separate sheet, roughly describes the nature of the offenses, although less so the nature of the arrests, which is what Petitioner claims on the separate sheet to be describing. In fact, Petitioner paid restitution of $32 once, was unconditionally discharged once, and was placed on probation once. The reported fine in each case serves as reasonable disclosure, at least where no jail time is involved. On balance, Petitioner's disclosures did more than place Respondent on inquiry notice. The disclosures were reasonably accurate and detailed. They gave a fair picture of the kind of trouble that Petitioner got into at that point in his life. Respondent's case is based on Petitioner's unfitness to teach based on his alleged dishonesty in the application process and his past criminal behavior. Once the question of dishonesty in the application process is resolved in favor of Petitioner, the remaining focus is on his behavior 9-15 years ago when he was 18-26 years old. The number of arrests and convictions is troubling. But the dispositions do not suggest offenses of extreme gravity. Petitioner is now 35 years old. He has rehabilitated himself in terms of intoxicants, as well as educationally. For many years, he has demonstrated a clear commitment to teaching and evidently is skilled in the profession. He has served his communities well and seeks to continue to do so as a teacher in Florida. Given the nature of the offenses, their age, and the age of Petitioner at the time he committed the offenses, there is no basis in the record to find that Petitioner is morally unfit to teach.
Recommendation It is RECOMMENDED that Education Practice Commission enter a final order granting Petitioner's February 1994 application for a Florida teaching and coaching certificate. ENTERED on October 6, 1995, in Tallahassee, Florida. ROBERT E. MEALE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings on October 6, 1995. APPENDIX Rulings on Respondent's Proposed Findings 1-13: adopted or adopted in substance. 14-15: rejected as unsupported by the appropriate weight of the evidence. 16: adopted or adopted in substance. 17-18: rejected as unsupported by the appropriate weight of the evidence. 19-22: adopted or adopted in substance. 23-27: rejected as unsupported by the appropriate weight of the evidence. COPIES FURNISHED: Karen Barr Wilde, Executive Director Education Practices Commission 301 Fla. Education Center 325 W. Gaines St. Tallahassee, FL 32399-0400 Kathleen M. Richards, Administrator Professional Practices Services 352 Fla. Education Center 325 W. Gaines St. Tallahassee, FL 32399-0400 Barbara J. Staros, General Counsel Department of Education The Capitol, PL-08 Tallahassee, FL 32399-0400 Attorney Jerry L. Lovelace 909 SE 47th Terrace, Suite 201 Cape Coral, FL 33904 Ronald G. Stowers Office of the General Counsel Department of Education Suite 1701, The Capitol Tallahassee, FL 32399-0400
