Findings Of Fact Based on my obersvation of the witnesses and their demeanor while testifying, the arguments of counsel, and the briefs which were filed post- hearing, the following relevant facts are found. Ernest B. Brown is the holder of Post-Graduate Rank II Florida Teaching Certificate No. 167290, covering administration and supervision, elementary education and junior college which by its term is valid until June 30, 1985. Ernest Brown, Respondent, has been employed in the public schools of Pinellas County as fifth grade teacher at Gulf Beaches Elementary School since August, 1975, and was on continuing contract during the 1976-77 school year. He resigned effective May 31, 1977 after inquiries were raised concerning his personal conduct with a female fifth grade student (Michelle Stewart). Thereafter the Department of Education received a report from the Pinellas County School officials on or about June 1, 1977 indicating that Respondent had been charged with lewd and lascivious acts in the presence of a female child under the age of 14 and handling and fondling a female child under the age of 14 years. Pursuant thereto and following an inquiry by the staff of the Professional Practices Council, on July 18, 1977, said Council issued a report to the Executive Committee of the Professional Practices Council whereupon the Executive Committee recommended that the Commissioner of Education find that probable cause exist to believe that Respondent is guilty of acts which provide grounds for the revocation of his Florida teaching certificate. By letter dated July 27, 1977, the Commissioner found probable cause and directed the filing of the instant petition herein. Michelle Stewart, eleven years old and presently a fifth grade student at Gulf Beaches Elementary School, was a student of Respondent while she completed here third grade instruction. Ms. Stewart was approximately three weeks late reporting for classes during her third grade school year. After being in school for approximately two weeks, she sought assistance from Respondent regarding problems she was having with her math. At that time, there were approximately three or four other students also seeking assistance from the Respondent. Respondent asked Michelle to sit in a chair behind his desk where she waited until the other students had received their assistance. According to Ms. Stewart, Respondent asked to touch her pants in the crotch section. Ms. Steward was shocked but did not protest when the Respondent touched her in the seat of her pants for approximately one minute. On another occasion, Respondent was invited to attend a birthday party given at Michelle's house by her. Respondent was reluctant to attend inasmuch as he did not have a gift to give her. He reluctantly agreed to attend based on the enticement of Ms. Stewart, her mother, and several other students who attended the party. When persuaded to attend the party, Respondent agreed only to come if Ms. Stewarts mother permitted him to take Ms. Stewart shopping for some clothing within the next few days. As best as can be determined from the record, it appears that the birthday party was during the early part of May, 1977. Within a few days, Respondent arranged to take Ms. Stewart shopping by obtaining permission from her mother. However, as the facts were later brought out, it appears that Respondent obtained permission from Ms. Stewart's mother by telling her that he wanted Ms. Stewart to assist him in arranging some books on his book shelves, and Ms. Stewarts mother agreed with the condition that Ms. Stewart be brought back home before six oclock. Ms. Stewart testified that she was picked up by Respondent and taken to his home where they were alone. Immediately after entering Respondents house, he asked here if she was hungry and whether or not she would like to fix herself a sandwich and watched TV for a few minutes. Thereafter Respondent took some pictures of here with his Polaroid camera. Respondent later offered her some clothing and brought them out telling her that she could try the dresses on in his presence. Ms. Stewart undressed in Respondent's presence and when she finished trying on her dresses that he had purchased, Respondent went to the bathroom and undressed, entering his living room area with only his shirt on. During this time Ms. Stewart was undressed and Respondent asked her to lie down on the floor where he had placed a towel and had relocated an electric fan positioned so that it would blow down on them. She testified that he laid on top of her for approximately ten minutes stroking and kissing her. After this incident was over (approximately ten minutes) Respondent pleaded with Ms. Stewart to refrain from telling anyone about the incident to which she agreed. However she testified that she did tell some of her friends about the incident. Ms. Stewart testified that during the next school year she opted to be in another teacher's classroom and Respondent rebelled by talking to her and here mother in an attempt to get her to change her mind. She refused to do so because she wanted to be in the class with a neighbor and her boyfriend. During the school year Ms. Stewart recalled that she and approximately two other students were taken to several extracurricular activities by Respondent after school hours, including the circus, lipizian stallions, and Holiday on Ice. Detective William Creekbaum presently employed as a real estate salesman, was formerly employed as a detective with the St. Petersburg Police Department was assigned to investigate complaints regarding incidents that the Respondent had allegedly been engaged with several minor students including Michelle Stewart. Detective Creekbaum was assigned to investigate the case on or about May 19, 1977 at which time, and during the course of his investigation, he interviewed approximately ten minor female students. On May 31, 1977, he decided that he should contact the Respondent and make certain inquiries of him, which he did at the school. He visited the school and asked the Respondent to come with him down to the police station for some questions. The Respondent drove his car down to police headquarters and a statement was given to Detective Creekbaum. Prior therto, Respondnent was apprised of his rights per Miranda. Detective Creekbaum explained to Respondent the necessity of his being truthful during his investigation, although he stressed the fact that he made no promises that the matter would be handled internally". He testified, and the statements bear out the fact that the Respondent was, in fact, advised that the investigation was criminal in nature. Initially, during the interview, Respondent denied the material allegations of the charges that he had fondled Michelle Stewart, however, upon repeated questioning by Detective Creekbaum, Respondent admitted that he had fondled Michelle Steward as charged. Although Respondent's position on this admission is that he only told Detective Creekbaum that he had fondled Michelle Stewart because he "thought that was what he wanted to hear and further he was led to believe that nothing would come of it". After the admissions by Respondent, Detective Creekbaum advised Respondent that he was under arrest where he was taken to the booking section of the police department. Immediately thereafter, Douglas McBriarty, an employee of the personnel department for the Pinellas County school system and charged with resolving teacher problems, visited Respondent at the jail where Respondent also admitted to the charge of fondling Michelle Stewart. Dr. McBriarty advised Respondent that it would be the Board's recommendation to immediately suspend him pending a decision on the merits and further action by the board to seek revocation of his (Respondent's) teaching certificate by the Professional Practices Council. Respondent asked if he had any options whereupon Dr. McBriarty told him that he could resign. At that point, the Respondent resigned effective May 31, 1977. The Respondent took the stand and testified that he was misled by Detective Creekbaum into thinking that nothing would come of the incident and that while he denied initially fondling Ms. Stewart, he only changed his story to an admission because he was of the opinion that that was what Detective Creekbaum wanted. He also testified that he was of the opinion that nothing would come of the incident as related by Detective Creekbaum. 1/ Without question, the Respondent enjoys a good reputation in the community and by his fellow peers at the school. He is regarded as a very good instructor who goes over and above his call of duty with respect to his classroom duties. Witnesses Nancy H. Akins and Catherine Smith, both instuctors in the Pinellas County school system, testified of their familiarity with the Respondents professional life and both gave him high marks. As stated, the Respondent denied the material allegations of the charging allegations in this case. Presently he is project director for the Tampa sickle cell disease project. In addition to denying the allegations of the complaint herein he testified that he was "set up" by Detective Creekbaum. He voiced his opinion that he felt that if he were cooperative and stated what Detective Creekbaum wanted him to say that he would go free. The undersigned has examined the record to see whether or not any misrepresentations or other statements were made to prompt Respondent to admit to the fondling of Michelle Stewart and the record is barren in this regard. Based thereon, I shall recommend that the allegations contained in the petition filed herein be sustained.
Recommendation Based on the foregoing Findings and Conclusions, it is hereby RECOMMENDED that the teaching certificate of Respondent, Ernest B. Brown, be suspended for a period of two years. ENTERED this 20th day of September, 1978, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Mail: 530 Carlton Building Tallahassee, Florida 32301 (904) 488-9675
The Issue The issue to be determined is whether Respondent, Samuel Vinson, has violated sections 1012.795(1)(d), (f), (g), and (j), Florida Statutes (2013), and Florida Administrative Code Rule 6A- 10.081(3)(a), (e), and (h), and if so, what penalty should be imposed.
Findings Of Fact Respondent is a licensed educator in the State of Florida, holding certificate number 735373. His certificate covers health, general science, and physical education, and is valid through June 2017. At all times relevant, Respondent was employed by the Pinellas County School District (District) as a physical education teacher at Dunedin High School (Dunedin) or as a science teacher at Clearwater Intermediate School (Clearwater).4/ Between February and April 2008, when Ms. Gilbert was a senior at Dunedin, Respondent engaged in inappropriate behavior towards her. One day, when Ms. Gilbert received a hall pass from Respondent, Respondent kissed her on her hand. Another day, Respondent kissed Ms. Gilbert on the cheek. On yet another day, Respondent made a suggestive and inappropriate comment to Ms. Gilbert about her clothing.5/ And on another day, Respondent insinuated that Ms. Gilbert was staying late at her employment because she was sleeping with her boss. Respondent’s actions and comments made Ms. Gilbert uncomfortable. Ms. Gilbert's testimony is credible. Ms. Gilbert was uncomfortable and upset as a result of Respondent's conduct. Ms. Gilbert went to talk with the assistant principal at Dunedin, Ms. Riel. According to Ms. Riel, Ms. Gilbert was visibly upset as she described Respondent’s actions. Ms. Gilbert left Dunedin and did not experience her senior graduation exercises because she was so distraught, and fearful of seeing or being around Respondent. Ms. Riel immediately contacted the school resource officer, Deputy Gregory. Both the Pinellas County Sheriff's office and the District conducted independent investigations of Ms. Gilbert's allegations. Respondent was removed from the classroom during the criminal investigation, and directed to work at the school board’s "warehouse," away from students. Respondent was initially charged with criminal battery; however, in August 2011, he pled nolo contendere to a reduced charge of disorderly conduct with respect to his behavior towards Ms. Gilbert. The criminal court withheld adjudication on this charge and ordered Respondent to pay court costs and the cost of prosecution. In March 2009, Respondent operated a motor vehicle while under the influence of alcohol and was involved in a traffic accident. Respondent was arrested and charged with driving under the influence. Respondent pled guilty and was adjudicated guilty. In November 2011, Respondent was in his seventh-grade class. For some inexplicable reason, Respondent "lost it" and yelled obscenities at his students. Although the sequence of words used is uncertain, there is no doubt that Respondent called the students “little bastards,” and used the “F” word. As his outburst was on-going, one student went to an adjoining classroom and asked Ms. Holston to help. Ms. Holston was able to effectively remove Respondent from his classroom for the students’ safety. Respondent admitted that he “blew up,” and that he used “a few obscenities” with his students. Respondent resigned his position with the District, effective January 10, 2012.
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 has violated sections 1012.795(1)(d), (f), (g), and (j), Florida Statutes (2013), and Florida Administrative Code Rule 6A-10.081(3)(a), (e), and (h), and revoking his teaching certificate. DONE AND ENTERED this 29th day of January, 2015, 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 29th day of January, 2015.
The Issue Whether Respondent violated Subsections 1012.795(1)(c), 1012.795(1)(f), and 1012.795(1)(i), Florida Statutes (2003),1 and Florida Administrative Code Rules 6B-1.006(3)(a), 6B-1.006(3)(h), and 6B-4.009(2), and, if so, what discipline should be imposed.
Findings Of Fact Mr. Ruffin holds Florida Educator Certificate No. 893557 for teaching mathematics. His certificate is valid through June 30, 2010. At all times relevant to the allegations in the Administrative Complaint, Mr. Ruffin was employed as a mathematics teacher at Dixie Hollands High School (Dixie Hollands) in the Pinellas County School District. During 2003, T.C. was an eleventh-grade student at Dixie Hollands. Mr. Ruffin tutored T.C. in mathematics over the summer of 2002 to prepare her for the Florida Achievement Test (FCAT). During the following school year, Mr. Ruffin developed a mentoring relationship with T.C., and T.C. became Mr. Ruffin's teaching assistant. Mr. Ruffin provided his cellular telephone number to all of his students, including T.C., in case they needed to contact him. On or about May 3, 2003, Mr. Ruffin was in his classroom with two other students during lunchtime. T.C. entered the room to speak to Mr. Ruffin because she was upset and sought advice. The other two students eventually left, and T.C. and Mr. Ruffin were in the room alone. T.C. shut the door, which contained a window covered by paper. School policy required that the doors remain locked, but propped open. After she shut the door, T.C. sat at the teaching assistant's desk, but soon started to cry and sat on Mr. Ruffin's lap. Mr. Ruffin and T.C. then hugged, and Respondent patted T.C. on her back. Both T.C. and Mr. Ruffin maintain that no other touching occurred during this incident and that T.C. was not on Mr. Ruffin's lap for more than 30 seconds. During the time period when T.C. was in the classroom with Mr. Ruffin, other students were looking into the classroom through a hole in the paper on the window. The hole in the paper was small, which allowed only one student at a time to look into the classroom through the hole. Approximately seven to nine students observed T.C. and Mr. Ruffin. The school has video cameras in the hallways, which recorded the students looking into the classroom for a period of several minutes. While observing from the hallway, the students witnessed T.C. sitting on Mr. Ruffin's lap behind the desk for several minutes. One student claimed she saw Mr. Ruffin rubbing T.C.'s leg; however, the student's testimony was not distinctly remembered and it was not precise and explicit. The students also saw T.C. going through some pictures from Mr. Ruffin's wallet. Mr. Ruffin acknowledged at the final hearing, that T.C. came around to his desk, sat on his knees, put her arm around his neck, and initiated a hug. He patted her on her back. At the final hearing, T.C. also acknowledged that she sat on Mr. Ruffin's knee and that he hugged her. T.C. denied that there was any inappropriate touching by Mr. Ruffin. One student, P.H., observed the encounter through the window. P.H. confronted T.C. about the incident and told T.C. that she could have gotten into trouble. T.C. told Respondent about the confrontation with P.H. P.H. then reported the incident to the School Resource Officer, Deputy Todd Pierce. Following the reporting of the events, Michael Bessette of the School Board's Office of Professional Standards investigated the incident. When Mr. Bessette spoke with Mr. Ruffin, Mr. Ruffin claimed that he did not have any other contact with T.C. after the incident and did not know whether or not the other students had confronted T.C. about it. Mr. Bessette then reported the incident to the principal, and the school district began an investigation. After speaking with all of the witnesses, T.C., and Mr. Ruffin, the School Board concluded that Mr. Ruffin acted inappropriately when he allowed T.C. to sit on his lap. Respondent's proper course of conduct when T.C. sat on his lap would have been to stand up and politely push T.C. away from him. Following the investigation, Mr. Ruffin signed a Stipulation Agreement with the school district where he agreed to a transfer to another school, a suspension without pay for 20 days, a retention of his annual contract for an additional year, and the designation of an "at will employee" for the 2004- 2005 school year. By signing the agreement, Mr. Ruffin also conceded that he was aware that his actions violated the Code of Ethics and the Principals of Professional Conduct of the Education Profession in Florida. Mr. Ruffin was transferred to Lakewood High School, where he is currently employed as a teacher. Mr. Ruffin has not been the subject of any other disciplinary proceedings since the incident giving rise to these allegations, and is an effective teacher at Lakewood High School.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that Walter Ruffin violated Subsections 1012.795(1)(f), and 1012.795(i), Florida Statutes, and Florida Administrative Code Rule 6B-1.006(3)(a); suspending his teaching certificate for 30 days; and placing him on probation for three years. DONE AND ENTERED this 19th day of April, 2006, in Tallahassee, Leon County, Florida. S SUSAN B. HARRELL Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 19th day of April, 2006.
Findings Of Fact Petitioner has served in the field of education in the State of Florida for approximately twenty-seven years. He has worked as a teacher, a dean, an assistant principal, and a principal. From 1959 until June, 1972, he worked in the Broward County, Florida school system in various capacities. Prior to the 1972-73 academic year, the Petitioner moved to Lake County where he was hired as an assistant principal at Eustis High School. He served as the assistant principal at Eustis High School during the 1972-73 and 1973-74 academic years. During those two academic years there were two assistant principals employed at Eustis High School. The school was not large enough to justify two assistant principalships; however, racial tensions at the school had placed a strain upon administrative personnel, and two assistant principals were assigned to the school for that reason. During the spring of the 1973-74 school year, it became apparent that only one of the two assistant principals would be rehired for the next academic year. The principal at Eustis High School decided to retain the other assistant principal rather than the Petitioner. This was not because of any deficiency on the Petitioner's part, but rather because the other assistant principal was black man, and the principal felt it important to maintain a black person in a high administrative capacity at the school in view of the recent tensions. During the 1972-73 and 1973-74 school years, the Petitioner was employed with the School Board on an "annual contract" basis. He was eligible for a "continuing contract" for the 1974-75 school year. The principal at Eustis High School wished to recommend the Petitioner for continued employment as an administrator; however, he did not have a position available, and he recommended that the Petitioner be hired on a continuing contract basis as a teacher. The School Board voted to place the Petitioner on continuing contract status as a teacher. During the summer of 1974 additional funds became available, and the School Board elected to keep a second assistant principal at the Eustis High School. The Petitioner was offered that position. In the meantime, however, the Petitioner had applied for a vacancy as an assistant principal at the Mount Dora Middle School, within the Lake County school system. The Petitioner was hired for that latter position. During the 1974-75 school year the principal at the Mount Dora High School was removed, and the Petitioner was assigned as the principal. He served in that capacity for the remainder of that school year, and for the 1975-76 and 1976-77 school years. For each of those two latter years, he was given an annual contract as a principal. During February, 1977, the Superintendent of the School Board advised the Petitioner at a conference that the Petitioner would not be recommended for an administrative position within the school system for the 1977-78 school year, but that the Petitioner's continuing contract status as a teacher would be honored, and that he would be recommended for a teaching position. This oral notification was followed by letters dated March 7, 1977 and March 29, 1977 advising the Petitioner of the action. Petitioner is now employed on a continuing contract basis, as a teacher at the Eustis Middle School within the Lake County school system. At all times relevant to this action, the School Board has distributed contracts to its personnel in the following manner: During the spring or early summer of each academic year, two copies of proposed contracts are mailed to personnel who the Board has decided to rehire. If the employee agrees with the contract he signs both copies and returns them to the School Board, where the facsimile signatures of the Superintendent and Chairman of the School Board are affixed. One of the copies is then returned to the employee. Prior to the 1974-75 school year, a continuing contract of employment was forwarded to the Petitioner in this manner. The contract provided in pertinent part: WHEREAS, Section 231.36, et. seq., Florida Statutes, provides for continuing contracts with each School Board for members of the instructional staff in each district school system, who are qualified by the terms of said law, and WHEREAS, the School Board has appointed and employed the Teacher for continuing employment as teacher in the Mount Dora Middle School of the district. NOW THEREFORE, for and in consideration of the mutual agreements, covenants, terms, and conditions herein contained, it is expressly stipulated, understood, agreed, and covenanted by and between the parties hereto as follows: The School Board enters into this contract of continuing employment with the Teacher pursuant to the laws of Florida and to Section 231.36, et. seq., Florida Statutes, and the action of the School Board heretofore taken, whereby the Teacher was appointed and employed . . . The words "(Asst. Prin.)" had been placed after the words "whereas the School Board has appointed and employed the teacher for continuing employment as teacher". The words "(Asst. Prin.)" were also crossed out. It appears that these words were inserted in the contract after Mr. Ridaught had signed it and before the proper facsimile signatures of the Chairman of the School Board and the Superintendent of Schools were affixed to the contract. The Superintendent crossed out the words before the contract was signed by the School Board personnel. When the contract was returned to the Petitioner the words "(Asst. Prin.)" were placed on the contract and were crossed out. It does not appear that the words "(Asst. Prin.)" as above have any bearing on this case, or that they were intended to be a part of the contract by either of the parties. It appears that they were inserted by clerical error and were crossed out in order to obviate the error. The School Board has, in the past, offered continuing contract status to teachers, principals, and supervisors. The School Board has not, in the past, offered continuing contract status to assistant principals, or any administrators below the level of principal. It does not appear that the School Board has ever offered a continuing contract to an administrator other than a principal. As a result of a change in the pertinent statutes the School Board now gives tenure or continuing contract status only to teachers. Neither supervisors nor principals are granted continuing contract status. Assistant principals are classified for the School Board's purposes as teachers. Their paygrade is determined from the same scale that is used for teachers. Assistant principals are given an increment in their salary for the additional duties that they perform, in the same manner that coaches, librarians, and guidance counsellors are given an increment. There is no separate salary scale for assistant principals as there is for administrators and supervisors. Although the School Board classified the Petitioner as a teacher in the continuing contract that was granted to the Petitioner in 1974, the Petitioner had not, prior to that time, ever served within the Lake County school system as a teacher. All of his service prior to then was as an assistant principal. His duties as an assistant principal included administrative duties assigned by the principal of the school. At no time did he serve as a classroom teacher. Subsequent to 1974, the Petitioner continued to serve as an administrator within the school system, and not until the present school year did he ever serve as a classroom teacher.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, RECOMMENDED: That a final order be entered denying the Petitioner's prayer that the School Board be required to consider him as having continuing contract status as an administrator or assistant principal; and denying the Petitioner's prayer for loss of wages; and dismissing the petition herein. RECOMMENDED this 2nd day of March, 1978, in Tallahassee, Florida. G. STEVEN PFEIFFER, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Robert J. Vossler, Esquire Harrison T. Slaughter, Jr., Esquire 110 North Magnolia Drive Suite 610, Eola Office Center Suite 224 605 Robinson Avenue Tallahassee, Florida 32301 Orlando, Florida 32801 ================================================================= AGENCY FINAL ORDER =================================================================
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.
