The Issue The issue presented for decision herein is whether or not Respondent, Walter Pressley, should be expelled as a student from the Palm Beach County Public School System.
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received and the entire record compiled herein, I hereby make the following relevant factual findings. Walter Pressley, whose date of birth is August 6, 1970, was enrolled as a ninth grader at Lake Worth High School during the 1985-86 school year. On February 12, 1986, Respondent Pressley was suspended from Lake Worth Community High School for violation of Student Conduct Code 5.18 possession and selling drugs on campus. During January, 1986, Officer Jay Spencer was assigned by Lieutenant Ericson as an undercover officer and he (Spencer) was enrolled as a twelfth grade student for the Lake Worth Police Department at Lake Worth High School. On Monday, January 27, 1986, at approximately 11:40 a.m., Officer Spencer asked Respondent if he knew where he could get some "sensebud" (street name for a particular kind of marijuana). Respondent advised Officer Spencer that he did not have any on his person, but offered to take him to someone who did. Officer Spencer and Respondent attempted to locate the other student who supposedly had the sensebud but he could not be found. The time was drawing near for Officer Spencer's fifth period class to begin and he told Respondent that if he found any sensebud that he would be in his fifth period class whereupon Respondent asked him where was his fifth period class. Approximately fifteen minutes later, Respondent appeared at Officer Spencer's class and beckoned for him to come outside into the hallway. Once out in the hallway, Respondent told him that he had some sensebud. Officer Spencer and Respondent went to a bathroom located on the second floor of the south building at the school and Respondent presented a clear sandwich bag containing suspected marijuana. Officer Spencer conducted a field test of the substance which tested positive for the drug marijuana. Respondent told Officer Spencer that "he could have it for free" inasmuch as he was just establishing a business and he wanted to form a good reputation among other students and build a clientele. Officer Spencer refused to accept the suspected marijuana without payment and asked Respondent if $2.00 would cover it. Respondent agreed and Officer Spencer gave him $2.00 in U.S. currency in return for the marijuana. Officer Spencer then left the Lake Worth High School campus and returned to his home with the suspected marijuana. Once at home, Officer Spencer tested the suspected marijuana for the presence of Delta 9-THC with the Duguenois Reagent Test. After testing the suspected marijuana, it was positive for the presence of Delta 9-THC. At approximately 8:00, Officer Spencer met with Lieutenant Ericson at the Lake Worth Police Department and gave him the suspected marijuana which was thereafter placed into the evidence locker. On February 12, 1986, at approximately 9:00 a.m., Officer Spencer and Lieutenant Ericson arrested Respondent at the Lake Worth High School for the sale of 1.25 grams of marijuana. After Respondent was arrested, he was taken to the Lake Worth Police Department for processing and thereafter transported to the Division of Youth Services (DYS). Respondent was found guilty on March 25, in juvenile court, on a charge of sale and possession of a controlled substance; was placed on probation and given 50 hours of community service. (Petitioner's Exhibit 5). Richard Cahill is a guidance counselor at Lake Worth Community High School. Counselor Cahill reviewed Respondent's achievement record and noted that Respondent performed satisfactorily during his eighth grade, passing all of his classes (during the eighth grade) except math. During his first semester of ninth grade, Respondent again passed all of his classes except math. However, during the second semester, he only passed one subject and in all of his remaining classes Respondent earned F's and one incomplete grade. Once Respondent was enrolled in tenth grade, he commenced compiling a record of excessive absences and he was counseled by Counselor Cahill. Counselor Cahill spoke to Respondent's teachers who related that Respondent expended some effort during the first nine weeks of tenth grade, however, during the second semester, Respondent put forth very little effort and began to be disruptive in class. On November 1, 1983, Respondent was suspended for two days for using abusive language. On February 21, 1984, Respondent was suspended for three days for chronic tardiness. On March 27, 1984, Respondent was suspended for three days for excessively reporting tardy to class. On March 7, 1985, Respondent was suspended for seven days for being an accomplice to a robbery of another student. Finally, Respondent was initially suspended on February 12, 1986 based on the instant charge of possession and selling drugs on the campus of Lake Worth Community High School. (Petitioner's Exhibit 1). David Cantley is the principal at Lake Worth. Principal Cantley provides all students at Lake Worth with a copy of the student handbook at the beginning of each school year. Petitioner goes to great pains to advise students of the ill-effects resulting from the usage of drugs. The student handbook contains Petitioner's disciplinary procedures for the possession or sale of mood altering drugs. Petitioner considers the possession and/or selling of drugs on campus to be a serious infraction of the code of student conduct. (Student Code of Conduct, Section 5.18). Students found guilty of either possession, use or sale of drugs on campus are subject to disciplinary measures including expulsion. (Page 66, Student Handbook). Rich Mooney, an intake counselor for Youth and Family Services, Department of Health and Rehabilitative Services, has been involved in assisting the Respondent since March of 1985 when Respondent was charged with being an accessory to the robbery of another student at Lake Worth Community High School. Since the more recent charge of the sale and possession of marijuana while on the campus of Lake Worth Community High School, Counselor Mooney has enrolled Respondent at the Tri-Center Training and Rehabilitation Day Program (Tri- Center) which is a rehabilitation program operating Monday through Friday during the hours of 8:00 a.m. to 4:00 p.m. under the auspices of Petitioner's Alternative School System. Respondent has been enrolled at Tri-Center since he was recommended for suspension on February 12, 1986. During the first week of Respondent's enrollment at Tri-Center, he presented a few problems adjusting to the structured environment at Tri-Center, however, he is conforming and Counselor Mooney has expressed his opinion that Respondent should do well during the remainder of his enrollment at Tri-Center. Respondent's mother, Mrs. Ryna Pressley, has diligently tried to curb Respondent's disruptive conduct since he has been enrolled at Lake Worth Community High School. Her efforts appear to have failed based on the numerous suspensions of Respondent from Lake Worth commencing in November, 1983 through February, 1986.
Conclusions The School Board of Palm Beach County, Florida, has jurisdiction of the subject matter and the parties thereto. The School Board of Palm Beach County, Florida, has reviewed and adopts the Hearing Officer's conclusions of law, Section 120.57(1)(b)(9), Florida Statutes, and also adopts the recommendation for expulsion but only in conformance with School Board Policy, D-5.241 (3) which states: "Expulsion prevents a student from enrolling in any school programs offered by the school system for the effective date of the expulsion." and rejects the Hearing Officer's suggestion that an alternative program be provided during expulsion. This Order may be appealed within thirty days by filing a notice of appeal with the district court of appeal. Except in cases of indigency, the court will require a filing fee and payment for preparing the record on appeal. For further explanation of the right to appeal, refer to Section 120.63, Florida Statutes (1985), and the Florida Rules of Appellate Procedure. ORDERED AND ADJUDGED that the Respondent, Walter Pressley, is hereby expelled effective this date, from attendance from all programs of the Palm Beach County School System through the end of the 1986/87 school year. DONE AND ORDERED this 23rd day of July 1936. Louis J. Eassa Chairman School Board of Palm Beach County (SEAL) Filed with the Clerk of, the School Board this 23rd day of July, 1986. Clerk
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Respondent be expelled from the regular program at Petitioners School Board of Palm Beach County and that he be provided an education in Petitioner's alternative educational program in an appropriate school setting such as the Tri-Center Training and Rehabilitation Day Program. Recommended this 11th day of June, 1986, in Tallahassee, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 11th day of June, 1986. COPIES FURNISHED: Bernard Shulman, Esquire School Board of Palm Beach County 3323 Belvedere Road West Palm Beach, Florida 33402 Mrs. Ryna Pressley 2073 N.W. Second Street Boynton Beach, Florida 33435 Honorable Ralph D. Turlington Commissioner of Education The Capitol Tallahassee, Florida 32301 Judith Brechner General Counsel Knott Building Tallahassee, Florida 32301 Thomas J. Mills Superintendent of Schools School Board of Palm Beach County 3323 Belvedere Road West Palm Beach, Florida 33402 =================================================================
The Issue The issue is whether Respondent’s employment with Petitioner as a high school principal should be terminated.
Findings Of Fact Beginning in 2011, Respondent was employed by Petitioner as the principal of Spanish River High School (“SRHS”). As the principal of SRHS, Respondent was required to “perform such duties as may be assigned by the district school superintendent pursuant to the rules of the school board, [including] rules relating to administrative responsibility, instructional leadership in implementing the Sunshine State Standards and the overall educational program of the school to which the principal is assigned.” § 1012.28(5), Fla. Stat.; Palm Beach Sch. Bd. Policy 1.014. The educational program which principals are charged with implementing is defined by Florida law. Section 1003.42(1), Florida Statutes, requires school boards to provide “all courses required for middle school promotion, high school graduation, and appropriate instruction designed to meet State Board of Education adopted standards [in the subject areas of reading and other language arts, mathematics, science, social studies, foreign languages, health and physical education, and the arts].” Additionally, the State of Florida requires “members of the instructional staff of the public schools” to teach certain specified subjects “using books and materials that meet the highest standards for professionalism and historical accuracy.” § 1003.42, Fla. Stat. These specifically required teachings, which are defined and described in varying degrees of detail, include: the “history of the state”; “conservation of natural resources”; “the elementary principles of agriculture”; “flag education, including proper flag display and flag salute”; the “study” of Hispanic and women’s contributions to society; kindness to animals; the “history and content of the Declaration of Independence, including national sovereignty … and how [these concepts] form the philosophical foundation of our government”; the “history, meaning, significance and effect of the provisions” of the United States Constitution; the “arguments in support of adopting our republican form of government, as they are embodied in the most important of the Federalist Papers”; and “the nature and importance of free enterprise to the United States economy.” Section 1003.42(2)(f) requires the teaching of the history of the United States, including the period of discovery, the Civil War, and the civil rights movement to the present, and includes the following direction: American history shall be viewed as factual, not as constructed, shall be viewed as knowable, teachable, and testable, and shall be defined as the creation of a new nation based largely on the universal principles stated in the Declaration of Independence. Section 1003.42(2)(h), which requires Florida educators to teach the “history of African-Americans,” specifically requires instruction on: The history of African Americans, including the history of African peoples before the political conflicts that led to the development of slavery, the passage to America, the enslavement experience, abolition, and contributions of African Americans to society. Instructional materials shall include the contributions of African Americans to American society. The teaching of the history of the Holocaust is mandated by section 1003.42(2)(g), which provides: (2) Members of the instructional staff of the public schools, subject to the rules of the State Board of Education and the district school board, shall teach efficiently and faithfully, using the books and materials required that meet the highest standards for professionalism and historical accuracy, following the prescribed courses of study, and employing approved methods of instruction, the following: * * * (g) The history of the Holocaust (1933-1945), the systematic, planned annihilation of European Jews and other groups by Nazi Germany, a watershed event in the history of humanity, to be taught in a manner that leads to an investigation of human behavior, an understanding of the ramifications of prejudice, racism, and stereotyping, and an examination of what it means to be a responsible and respectful person, for the purposes of encouraging tolerance of diversity in a pluralistic society and for nurturing and protecting democratic values and institutions. The curriculum for teaching the Holocaust at SRHS included an assembly which all tenth-grade students were required to attend. Schools have discretion in constructing a curriculum. The school’s principal is responsible for determining the contents of the curriculum. A school is not required to have a Holocaust assembly as part of its curriculum, but if an assembly is part of the curriculum, the assembly must be mandatory. A Holocaust assembly was “part of [SRHS’s] mandatory curriculum for tenth- graders.” On April 13, 2018, the mother of a rising SRHS tenth-grader wrote to Dr. Latson “to discuss the Florida Mandate to include Holocaust Education each year in the student’s curriculum” and specifically to ask “in what ways/classes is Holocaust education provided to all of the students.” Dr. Latson answered the parent in an email which included these statements: [A]s far as [H]olocaust studies and the curriculum it can be dealt with in a variety of ways. The curriculum is to be introduced but not forced upon individuals as we all have the same rights but not all the same beliefs. Each year we do a Holocaust assembly and we target the 10th graders so every year that group will get a day[‘]s work with the [H]olocaust. We advertise it to the tenth grade parents as [there] are some who do not want their children to participate and we have to allow them the ability to decline. The parent replied to Dr. Latson in another email: Please clarify your statement: “The curriculum is to be introduced but not forced upon individuals as we all have the same rights but not all the same beliefs.” The Holocaust is a factual, historical event. It is not a right or a belief. Dr. Latson responded with the following statements: The clarification is that not everyone believes the Holocaust happened and you have your thoughts but we are a public school and not all of our parents have the same beliefs so they will react differently, my thoughts or beliefs have nothing to do with this because I am a public servant. I have the role to be politically neutral but support all groups in the school. I work to expose students to certain things but not all parents want their students exposed so they will not be and I can’t force the issue … . I can’t say the Holocaust is a factual, historical event because I am not in a position to do so as a school district employee. I do allow information about the Holocaust to be presented and allow students and parents to make decisions about it accordingly. I do the same with information about slavery, I don’t take a position but allow for the information to be presented and parents to be parents and educate their students accordingly. I am not looking for a situation to divide but just to let all know I don’t have a position on the topic, as an educator. My personal beliefs are separate and will always have no place in my profession. This is a very touchy subject, one I have had conversation with Rabbi Levin about. I am simply letting you know all we can do as a public school within our ability. Dr. Glenda Sheffield, who currently is Petitioner’s chief academic officer, was, at all times relevant to this matter, the instructional superintendent for Petitioner’s south region, which included SRHS. In that earlier position, Sheffield was the immediate supervisor of the principals of more than 20 middle and high schools located in the south region, including Dr. Latson. Sheffield reported to Dr. Ian Saltzman who was the regional superintendent for the south region. Saltzman reported to Mr. Keith Oswald. Oswald, at all times relevant to this matter, was Petitioner’s deputy superintendent of schools. Oswald’s duties included supervision of the regional and instructional superintendents who supervise the schools. Oswald was made aware of the email exchange between Dr. Latson and the SRHS parent by Dianna Fedderman, Petitioner’s assistant superintendent for curriculum, who had been told of it by Maureen Carter, Petitioner’s Holocaust program planner, to whom the parent had forwarded the emails. Carter and Fedderman expressed concern about the content of the emails, which Oswald shared. He forwarded the email chain to Saltzman and Sheffield to take action. Oswald directed Saltzman and Sheffield to keep him informed about the counseling they were giving to Dr. Latson, to address the Holocaust studies at the school to strengthen them, and to meet with the parent and address her concern. The Palm Beach County School District (“District”) did not publicize Dr. Latson’s emails, deciding the matter would be handled at the regional level. Dr. Latson was not disciplined for his statements to the parent. He was, however, counseled. Dr. Latson’s counsel described the coaching as advising Dr. Latson of the need for “more circumspect e-mail, e-mail composition to parents.” Dr. Latson testified that the “only criticism” he received was that he “could have worded a better email.” Sheffield did not feel the need to address the teaching of the Holocaust at SRHS because she knew from her own experience that the subject was, in fact, infused in the school’s curriculum. She, therefore, focused her work with Dr. Latson on what she considered to be his poor choice of words. Sheffield did work with the parent for “quite some time.” Between April of 2018 and July of 2019, there were numerous meetings and interactions among and between Sheffield, Saltzman, Carter, Fedderman, and the parent. Dr. Latson had no doubt that the District was supportive of him during this time and, again, the “only criticism” he received was that he “could have worded a better email.” Dr. Latson’s perception was that his emails to the parent were “not clear [and as I read them] some of the things weren’t clear and some of it, in retrospect I could have just left out.” Dr. Latson felt that his words to the parent “obviously gave her the belief that [he] did not believe in the Holocaust, [and he] was just saying [he] wasn’t going to affirm or deny it.” “[S]he kept bringing it back up, so that gave [him] the opinion that she didn’t understand what that meant, even after it was clarified.” When Sheffield was coaching Dr. Latson, she was not aware that he was allowing students to opt out of the Holocaust assembly because the students’ parents did not want the students to be exposed to the contents of the assembly. There is some confusion on this point because Dr. Latson says he never said directly that a student might “opt out” of an assembly with his blessing, but that parents were always free to keep their children home from school for any reason (including not wanting them exposed to the serious nature of the assembly), subject only to District attendance requirements. There is no District or SRHS provision authorizing a parent to opt out of instruction on the Holocaust. If a principal were to allow that practice, she believed he would not be enforcing the mandatory curriculum for the Holocaust. Oswald, who was to be kept informed of the efforts of Saltzman and the others, was told that Dr. Latson had acknowledged that his words were inappropriate. Like Sheffield, Oswald was not aware that Dr. Latson was allowing parents who wished to avoid the Holocaust assembly to “opt out” of it. On May 9, 2019, the same parent sent an email to Saltzman and copied Superintendent Fennoy, Oswald, and Sheffield about a meeting held on May 6, 2019, attended by the complaining parent and School District personnel. The email included the following statement referring specifically to Dr. Latson’s statements in his April 2018 emails: There is one major issue that was not resolved at the meeting, and we do not think there is any resolution other than to remove Mr. Latson as principal from [SRHS]. Mr. Latson made his thoughts very clear at the meeting. When he tried to explain that he thinks his statements in his offensive and erroneous emails last year were misunderstood, he ended up reiterating his offensive and erroneous views. Saltzman informed Oswald that the way the parent characterized the meeting of May 6, 2019, was not accurate. The District, therefore, gave no consideration to the parent’s call for Dr. Latson’s removal from his position at SRHS and took no action in response to the parent’s email. On July 5, 2019, the Palm Beach Post (“Post”) published an article headlined, “Spanish River High’s principal refused to call the Holocaust a fact: A mother pushed for a year to address what she described as a school leader’s failure to separate truth from myth.” Petitioner was aware before its publication that the article was being written. Oswald made a statement to the reporter writing the story. Oswald’s comments were reported in the article: Oswald, who oversees all the county’s principals, said he agreed with the mother that Latson’s email messages were inappropriate but were not reflective of who he was as an educator. Latson, he said, is a popular school leader whose school does more Holocaust education than most campuses and has led the school successfully for years. He should not be judged, he said, solely by a pair of email messages. “It was a hastily, poorly written email that he apologized for,” Oswald said. “That’s some of the challenge that we face when we email back and forth instead of picking up the phone.” Dr. Latson was also aware that the article was being written. The District’s communications director, Claudia Shea, worked with him to prepare a statement to be given to the writer. That statement was reported in the article: In a statement to The Post, Latson apologized for the way he expressed himself in his emails, saying it was not indicative of his actual beliefs or regard for historical fact. “I regret that the verbiage that I used when responding to an email message from a parent, one year ago, did not accurately reflect my professional and personal commitment to educating all students about the atrocities of the Holocaust,” Latson wrote. “It is critical that, as a society, we hold dear the memory of the victims and hold fast to our commitment to counter anti-Semitism,” he continued. He pointed out that [SRHS’s] educational offerings on the Holocaust exceed the state’s requirements. The Holocaust is taught, he said, in ninth- and 10th-grade English classes, as an elective course and in an annual assembly featuring a keynote speaker. The reaction to the publication of the article on July 5, 2019, was “complete outrage, chaos.” Oswald testified to the article’s impact: Q. Can you tell us how it was expressed? A. It was expressed … phone calls, e-mails, meeting with State representatives, locally to the White House. It was completely consuming of all my time on the following days. Q. The following day being the 6th? A. There and forward. The public reaction to the publication of the article and its impact on the District is not disputed. Dr. Latson himself acknowledged it in an email he sent to Oswald and others in the District at 3:36 p.m. on Saturday, July 6, 2019: The release of this article is having the effect the parent who wants to discredit me desired. It is causing a rift in the community, students and parents are attempting to defend me to those in the community who do not know me. I am not the public relations expert but I am wondering if something should come out from me to clear this up. Me not saying anything is fueling questions in the community. I am getting this daily from parents. My parent groups are trying to stop the negativity but they are asking if a statement can come out from me addressing this issue. They state that I have always been vocal and got ahead of things so it is the parents[‘] expectation to hear from me and not doing so is causing questions. Your thoughts? In response to Dr. Latson’s email, Oswald telephoned, telling him “not to make any statements and to not say anything and that we are working internally with the communications department about this.” Oswald specifically directed Dr. Latson not to make any further contact at that time. Oswald told Dr. Latson that they would talk on Monday, July 8, 2019. Dr. Latson testified that Oswald emailed his response to Dr. Latson’s July 6, 2019, email. No such email from Oswald was produced, but Dr. Latson’s telephone records indicate that he received a telephone call from Oswald on July 6, 2019, at 4:56 p.m., which lasted eight minutes. Dr. Latson acknowledged that this telephone call could have been Oswald’s response to his email. In any event, he did confirm being told that “we weren’t going to respond” to the article. The District continued to support Dr. Latson after the article was published. Before he left for vacation, he received a phone call from Sheffield, who told Dr. Latson that she was supporting him. Sheffield, having taken her current position as chief academic officer, was not Dr. Latson’s supervisor on July 6, 2019. She learned of the article’s publication while traveling back from her vacation. She nevertheless called Dr. Latson to ask how he was faring and to tell him to “hold [his] head high” and “[w]e’re going to get through this working together.” In the telephone conversation, Dr. Latson expressed the hope that “this doesn’t ruin [his] reputation.” He also spoke with Dr. Arthur Johnson, the representative of the principal’s association and his friend and former superintendent. Johnson told Dr. Latson to “hold on and let’s see what’s happening.” On Monday, July 8, 2019, Oswald called Dr. Latson at 7:36 a.m., and they spoke for five minutes. Oswald told Dr. Latson that the “Post article was starting to cause somewhat of a problem for [Oswald] and the District and [Oswald] wanted me to take a voluntary reassignment.” Dr. Latson told Oswald that he “needed to discuss [the reassignment] with [his] family” because he believed that his voluntary acceptance of a reassignment meant that the District could place him where they wanted and that might affect his compensation, and he “had an issue with that.” There is some variance between Dr. Latson’s testimony that he informed Oswald he would “try to get back” to him by noon, and Oswald’s testimony that Dr. Latson “stated he would get back to him that morning.” Dr. Latson admits “that Oswald requested a call back by noon.” Dr. Latson testified that, because he was on vacation, he was not obligated to call Oswald back before noon and, also, testified that, if he had been told to contact Oswald, that would be a directive he had to obey. It is, however, undisputed that Dr. Latson at least told Oswald he would “try” to get back to him by noon and undisputed that, even though he spoke with “individuals” about the reassignment, he made no effort to communicate with Oswald before noon of July 8, 2019. After speaking with Dr. Latson at 7:36 a.m., Oswald attempted to communicate with him no fewer than six times before noon on July 8, 2019, because of the urgency of the worsening situation. Oswald called Dr. Latson at 8:21 a.m., 9:35 a.m., 10:32 a.m., and 10:42 a.m., and texted him at 8:22 a.m. and 10:32 a.m. When Dr. Latson did not answer the telephone calls, Oswald left voicemails, increasing with urgency, saying the situation was escalating and asking him to return his call. In response to an automated text sent from Dr. Latson’s phone-- indicting he was driving and could not receive notifications, but informing the caller to “reply urgent” to send a notification with the original message-- Oswald texted him the word “urgent” twice at or around 10:32 a.m. Oswald received no response from Dr. Latson. Between 7:36 a.m. and noon on July 8, 2019, Dr. Latson placed nine and received four telephone calls to and from friends, family members, colleagues, and Johnson. Apparently, his cellular phone was functioning during this time. At approximately 12:33 p.m., not having heard back from Dr. Latson, Oswald sent Dr. Latson a text and an email informing him that Oswald was reassigning him to the District Office. Dr. Gonzalo La Cava, Petitioner’s chief of human resources, also left Dr. Latson a voicemail about the reassignment. Oswald’s text to Dr. Latson was as follows: “I have left you numerous messages to contact me. I am reassigning you to the district office. Please call me ASAP.” Dr. Latson’s argument, as opposed to his testimony, explaining his failure to respond to Oswald on July 8, 2019, is inconsistent. Dr. Latson initially justified his lack of a response to Oswald by arguing that the text he received from Oswald about being removed as principal of SRHS “did not seem to invite a response.” In fact, that text closed with the words, “Please call me ASAP.” In his Answer, Dr. Latson alleged that after he received the message about the re-assignment, he “attempted to email Oswald, but the message did not go through.” At hearing, Dr. Latson testified that he tried to text Oswald around 12:30 p.m., but the text did not go through. He also testified that he attempted to email Oswald at 9:30 p.m. from Jamaica. Dr. Latson explains his lack of response to Oswald by saying he was already on the phone whenever Oswald was trying to call and the calls could not have gone through. His telephone records, however, showed that other calls he was making during this time were interrupted and he was able to connect with the incoming caller. It is undisputed that Dr. Latson received Oswald’s communication telling him that he was being reassigned to the District Office. He admits he told Oswald he would “try” to get back to him specifically to tell Oswald whether he would accept the voluntary assignment. Dr. Latson’s failure to respond to Oswald’s several attempts to speak with him is consistent with a decision not to accept the voluntary reassignment. Contradicting testimony was given at hearing regarding whether Dr. Latson’s request to travel to Jamaica in July had even been approved or known about by Petitioner. A District spreadsheet showing a week-long leave beginning July 8, 2019, was offered into evidence and removed any doubt as to whether Dr. Latson was on recognized or approved leave. The public reaction that followed publication of the July 5, 2019, article was somewhat lessened by news of Dr. Latson’s reassignment, and, “after he was reassigned, there was some calming in the District.” The reassignment was widely publicized. The New York Times published an article datelined July 8, 2019, under the headline, “Principal Who Tried to Stay Politically Neutral About Holocaust Is Removed.” Although he did not respond to Oswald, Dr. Latson did email the faculty and staff at SRHS. The email was obtained by the author of the July 5, 2019, article. His email opened with the paragraph: I have been reassigned to the district office due to a statement that was not accurately relayed to the newspaper by one of our parents. It is unfortunate that someone can make a false statement and do so anonymously and it holds credibility but that is the world we live in. Dr. Latson describes his email as “a necessary and righteous denial of a false allegation.” He describes the “false statement”--the statement that was “not accurately relayed to the newspaper by a parent”--to be that “I was hesitant and I wouldn’t--I avoided confrontation with Holocaust deniers [and] that was not true [and] it also stated that, you know, I denied that the Holocaust occurred [and] that’s not true.” “She can fear my reluctance, but I had no reluctance, so that would be an incorrect statement.” However, in explaining his reasoning, Dr. Latson admits that the statements of the parent contained in the article were reported as the parent’s opinion and that, although she did not doubt that he knew the Holocaust was real, she “feared” that his reluctance to say so stemmed from a desire to “avoid confronting parents who deny the Holocaust reality.” He also made clear that the “statement” that was “relayed” by the parent to which he referred in his email to staff were, in fact, the statements that he had written in April of 2018. Dr. Latson believes that as an educator mandated by law to teach the history of the Holocaust, he is required--by the very statute which imposes that duty, to be tolerant of those who would deny that the Holocaust is historical fact, to the point of allowing some to avoid attending Holocaust remembrance assemblies required of all students. In his email to the complaining parent, Dr. Latson wrote that he could not, as a school district employee, say “the Holocaust is a factual, historical event.” At hearing, he testified that, although he could as a District employee state whether he believes the Holocaust to be a fact, he had the “option to be politically neutral.” In his email to the parent, Dr. Latson wrote that he advertised the tenth-grade Holocaust assembly “as there are some who do not want their children to participate and we have to allow them the ability to decline.” At hearing, Dr. Latson testified that he advertised the assembly so parents would know, in case a teacher marked a child who was attending the assembly absent. He testified that some parents do not want their children to attend the Holocaust assembly because of the graphic nature of the teaching materials used, and he is not “going to force a child to sit in a room where their parents don’t want them to be.” The District’s absence policy can be used to allow students to stay home from school during the Holocaust remembrance assembly, if the parents so desire. He believes that the statute mandating the teaching of the Holocaust as history requires that he be tolerant of those who do not want their children to be shown the graphic images of the atrocities, but that they could still learn from the required teachings through other means. Dr. Latson sent an email to faculty and staff at SRHS on the afternoon of July 8, 2019. Oswald, Fennoy, and the District did not learn of Dr. Latson’s statement concerning the complaining parent in this email until late that evening. Dr. Latson testified it was a common practice for principals leaving a school to inform the staff of their departure so they can prepare themselves for a change in administration, which generally means that an entering principal might do things a bit differently. He believed it was important to deliver the message of his leaving as early as possible. He admitted he wrote the email to staff quickly and did not take the time to fully consider the repercussions of his words regarding the complaining parent. He was frustrated that he had lost the support of the District at the time he wrote the email, after having received their support prior to that time. He admitted he did not do a good job of expressing his frustration, but he never believed the email would be seen by anyone but the faculty and staff at SRHS. While news of Dr. Latson’s reassignment had dampened the public reaction which the District was dealing with after publication of the July 5, 2019, article, Dr. Latson’s statement in the email re-energized the public. Instead of reconciliation over his poorly worded April 2018 emails, Dr. Latson’s placement of blame on the parent undermined the apology and made matters worse. There was “complete outrage [by District personnel] that he would do that to a parent.” An article which appeared in the Post on July 9, 2019, was headlined, “More calls for Spanish River High principal’s firing after he blames parent.” The article included the sub-heading, “Principal William Latson’s farewell message prompted an anti-hate group and two Boca-area legislators to join calls for his termination.” On July 10, 2019, the Post published an article headlined, “In defiant farewell, ousted principal blames parent.” Dr. Latson does not dispute that the public reaction to his email was negative, which he learned of while he was still in Jamaica. The personal impact of Dr. Latson’s statement in the July 8, 2019, email was demonstrated by those who testified on behalf of him. Dr. Latson conceded that he did not know the reasons for his reassignment at the time he wrote the email to SRHS faculty and staff. He wrote to his staff that he was reassigned because of a statement inaccurately relayed to the newspaper. He believes the statement to be that he did not want to confront Holocaust deniers. In fact, in the predetermination hearing, Dr. Latson’s representative began the defense with the statement that the District “cannot remove a principal or adversely transfer him for not being zealous enough in a parent’s personal crusade against anti-Semitism.” That is not how Dr. Latson’s supporters saw it. The record makes clear that the controversy was about Dr. Latson’s earlier words, specifically, that, as a public educator who was mandated to teach the history of the Holocaust, he thought it would be improper for him to state that the Holocaust was a fact since he would not be acting in a neutral manner as an educator. Shari Fox, the Magnet Academy coordinator at SRHS, testified that she specifically asked Dr. Latson, “What is controversial about the Holocaust?” His response was that he did not think it was controversial in the beginning, but it has more recently come to his attention that Holocaust deniers exist, which makes its existence controversial. Mr. Aaron Ryan Wells, a SRHS teacher and debate coach, described a news article that “was essentially fabricated in the sense that it didn’t give all the facts, basically creates the disaster that removes a man of three decades from his post.” Because of Dr. Latson’s treatment, Wells “treads lightly even when teaching geography.” He has had inquiries regarding whether the Holocaust is even an appropriate subject for high school students. This incident detracts from the power of the course that introduces the skill that is supposed to be introduced with these types of students, namely tolerance and respect for others who may be different from you. He took from Dr. Latson’s reassignment the lesson that a single parent can question how you teach a subject, which could potentially result in your reassignment or termination as an educator should you fail to bend to the parent’s wishes. The lesson and perception that Wells and others took from Dr. Latson’s removal was that you should not teach controversial subjects. In fact, and as a matter of law, the State of Florida does not consider the occurrence of the Holocaust to be controversial. It does not and cannot prevent any student or parent from holding the absurd “belief” that the Holocaust did not happen. It can and does mandate that the student will be taught that history is not opinion or belief and that the Holocaust did occur. Through his actions, Dr. Latson caused a great number of people to doubt the commitment of the District to honor that mandate. His unilateral attribution of the reasons for his termination caused further disruption in the SRHS community. Many SRHS faculty and staff were left with the idea that Dr. Latson was reassigned because of the April 2018 emails, and were left with a sense of “injustice” and “unfairness.” The Community, the faculty, and the staff were angry, and some of that anger was directed at the complaining parent and her student. Dr. Latson’s allocation of blame to the parent and pointing out a “false statement” also sowed discontent among the faculty and staff, directed towards the District. Because Dr. Latson’s email stating the reasons for his reassignment were the April 2018 emails and, what he considered to be, a false statement from a parent, the faculty and staff felt that the District did not support the staff. Prior to learning of Dr. Latson’s July 8, 2019, email, the District had not taken any action to terminate him. Dr. Latson believes he was terminated because of outside pressure, to satisfy the not insignificant group of public officials and members of the public who called for his resignation. But those calls were made some time before he was terminated. Despite those calls, the District took Dr. Latson at his word, that he had been misunderstood, that his emails could be worded better, and that he understood the parents’ perception of his views. After the newspaper article of July 5, 2019, was published, when Oswald faced the reaction of the public and public officials, the District stood by Dr. Latson. The article itself contained Oswald’s defense of Dr. Latson, that he had written a poorly worded email. Even after Dr. Latson made no effort to contact Oswald before noon on July 8, 2019, the District did not move to terminate him. He was reassigned. Not until Dr. Latson made clear that he had not been misinterpreted in his “neutrality” statements to the complaining parent and it was clear to the District personnel involved that he was not walking back these statements, did Fennoy conclude that Dr. Latson’s employment was incompatible with the District’s commitment to teach the Holocaust. At some level, Dr. Latson believed that parents who do not want their children to be taught the Holocaust should be allowed to keep their children out of school on that day. He believed that he had a professional obligation to be neutral on matters of historical fact, even as espoused by members of, for example, the Flat Earth Society. Further, he believed that a statute that mandated the teaching of the Holocaust in a way that promoted tolerance required the teacher to be tolerant of those who said the history to be taught was, in fact, not history. Johnson, a long-serving principal, former Palm Beach County school superintendent, and now a consultant to principals, testified that no progressive discipline was imposed on Dr. Latson. Respondent admitted into evidence a document entitled “The Discipline Process, A Guide for Principals and Department Heads.” He testified the manual is still in existence and used by the District. Describing the process, Johnson discussed how, typically, “we start from the bottom and move to the top,” beginning with a verbal reprimand, followed by a written reprimand, then a short-term suspension, followed by a longer-term suspension, and, ultimately, a termination. He noted that there are occasional instances where discipline can go from “zero to one hundred, all the way to termination,” but these must involve “very serious offenses” that “put the District at risk.” He testified that the initial problem here was “an overly zealous parent’s intolerance of Dr. Latson’s tolerance.” He believes that an educator’s role is to be neutral and provide both sides of an issue. “You stick with the facts.” “You present both sides of the story. And you as a teacher or administrator may have to become very neutral, meaning you can’t advocate.” “We are definitely not in a position to proselytize or to indoctrinate young people,” he testified. He did admit that Dr. Latson could have used better language to communicate his thoughts on neutrality and to communicate with faculty and staff via email. Dr. Ben Marlin, another former Palm Beach County school superintendent, concurred with Johnson’s analysis and the appropriateness of exercising progressive discipline in this case. He likened the process to a ladder, with the penalty growing more severe the higher you climb. He testified that he would not have terminated Dr. Latson under the circumstances of this case. He would have resolved the matter through a meeting with a possible verbal reprimand. If the behavior occurred again, he would consider a written reprimand. Subsequent violations would result in more severe penalties. The testimony of the two former superintendents was not challenged or rebutted by Petitioner. No witnesses were called to state that progressive discipline was not applicable to this matter. Fox testified “we have to stay neutral in all of these topics [including the Holocaust] and just explain the facts to the students and guide the information and the discussion.” Fox specifically testified she does not believe Dr. Latson is Anti-Semitic. According to SRHS history teacher, Ms. Rachel Ostrow, the teacher’s role is “to present the facts, to guide the discussion amongst the students. But I lay out the facts from every point of view and then we discuss the content.” Ostrow specifically testified she does not believe Dr. Latson is Anti- Semitic. On July 17, 2019, Dr. Latson received notice that an administrative investigation had been opened by the Department of Employee and Labor Relations related to Ethical Misconduct. An investigative report was authored by Ms. Vicki Evans-Paré on August 23, 2019. On September 26, 2019, Dr. Latson received a copy of the investigative file, including the written investigative report. On October 7, 2019, a predetermination meeting was held to allow Dr. Latson to respond to the allegations, produce any documents that he believed would be supportive of his position, or rebut information in the investigation materials he was provided. He submitted a written response to the potential charges and his representatives, Dr. Thomas E. Elfers and Johnson provided oral presentations. Dr. Latson’s response at the predetermination meeting again compared the Holocaust to a belief, claiming that “constitutional liberty interests are involved: an interest in not being forced to reveal information about personal beliefs and an interest in being forced to make statements about one’s views.” The response preached neutrality in the presentation of “various hot buttons or touchy subjects.” Dr. Latson believed his body of work as an educator should have been taken into account and should not have resulted in a termination of his employment. He had never been disciplined previously by the District or the Educational Practice Commission in 26 years as an educator. He had received a “highly effective evaluation” for each of his eight years as the principal of SRHS, and the highest possible evaluation for 25 of his 26 years as an educator. Under his leadership, Dr. Latson oversaw the raising of SRHS from a “B” to an “A” rating in 2012, which was maintained throughout his tenure as principal. He achieved many successes as principal, such as significantly raising the school’s national academic ranking, being recognized by the District as the highest performing Palm Beach County school in advanced academic studies, and creating a school environment described by teacher Wells as “phenomenal,” and engendering an atmosphere of trust among the teachers, as stated by Fox and Ostrow at hearing. When asked by his counsel at hearing, Dr. Latson unequivocally stated that he is not Anti-Semitic. This statement was unrebutted by Petitioner. On October 11, 2019, however, based upon the information presented to him from the investigation and the predetermination meeting, Fennoy informed Dr. Latson that there was just cause, which can be substantiated by clear and convincing evidence, to warrant his termination from his position as a principal, and that Fennoy would recommend Dr. Latson’s suspension without pay and termination of employment at the October 30, 2019, School Board meeting.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Palm Beach County School Board enter a final order rescinding the suspension and termination of Dr. Latson; awarding him his lost wages for the period beginning with his suspension without pay; and transferring him to a position within the District, as determined by the superintendent, commensurate with his qualifications. DONE AND ENTERED this 13th day of August, 2020, in Tallahassee, Leon County, Florida. S ROBERT S. COHEN 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 August, 2020. COPIES FURNISHED: Thomas E. Elfers, Esquire Law Office of Thomas Elfers 14036 Southwest 148th Lane Miami, Florida 33186 (eServed) Thomas Martin Gonzalez, Esquire GrayRobinson, P.A. 401 East Jackson Street, Suite 2700 Tampa, Florida 33602 (eServed) Craig J. Freger, Esquire 16247 Northwest 15th Street Pembroke Pines, Florida 33028-1223 (eServed) Matthew Mears, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed) Richard Corcoran Commissioner of Education Department of Education Turlington Building, Suite 1514 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed) Donald E. Fennoy II, Ed.D., Superintendent Palm Beach County School Board 3300 Forest Hill Boulevard, C-316 West Palm Beach, Florida 33406-5869
The Issue Whether the Petitioner committed the violations alleged in the Respondent's Petition dated June 11, 2008, and, if so, the penalty that should be imposed.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing and on the entire record of this proceeding, the following findings of fact are made: The School Board is a duly-constituted school board charged with the duties of operating, controlling, and supervising all free public schools within the School District of Palm Beach County, Florida. Art. IX, § 4(b), Fla. Const; § 1001.32, Fla. Stat. (2008).1 Specifically, the School Board has the authority to discipline employees. § 1012.22(1)(f), Fla. Stat. Ms. Scott has been employed as a teacher with the School Board since 1986. She is a member of the Palm Beach County Classroom Teachers Association and is subject to the terms of the Collective Bargaining Agreement Between the School District of Palm Beach County, Florida, and the Palm Beach County Classroom Teachers Association ("Collective Bargaining Agreement"). At the times material to this proceeding, Ms. Scott taught business classes at Palm Beach Central High School ("Palm Beach Central"). In 2006, Ms. Scott was charged with shutting a student into a windowless, unventilated closet and leaving him there "for a time estimated to be between ten (10) minutes by you and fifty (50) minutes by the student and other witnesses."2 The superintendent of schools recommended to the School Board that Ms. Scott be suspended without pay and her employment terminated. The termination was subsequently rescinded, and Ms. Scott's discipline for this incident was reduced to a 38-day suspension without pay. During fourth period on February 1, 2008, Ms. Scott was teaching a course in computing for colleges and careers. While she was taking attendance, several students were causing their computers to "beep." As a result, Ms. Scott sent a few students outside the classroom, into the hallway. She sent another student to the storage room that connected her classroom to the classroom next to hers and told the student to step inside and shut the door. The student was a male who was 17 years of age at the time of the final hearing. The storage room was approximately 10 feet wide and 15 feel long. The student remained in the storage room for approximately 10 minutes, during which time the lights in the storage room were off. The storage room had two doors, neither of which had windows, and Ms. Scott could not see the student while he was in the storage room. After approximately 10 minutes, Ms. Scott opened the storage room door and told the student he could leave the storage room.3 The student did not consider his being sent into the dark storage room a "big deal," and he did not report the incident to his parents, to another teacher, or to the school administration.4 On February 15, 2008, a student reported the incident to a teacher, who reported it to an assistant principal, who reported it to another assistant principal, who reported it to the principal, Burley Mondy. Mr. Mondy reported the matter to the School Board police and requested that a formal investigation be initiated. Mr. Mondy also removed Ms. Scott from the Palm Beach Central campus on February 15, 2008, and she was given an alternate assignment in the Palm Beach County School District's office. After the investigation was completed, the matter was subject to an administrative review; a pre-disciplinary meeting was held with Ms. Scott in attendance; and the matter was reviewed by the School Board's Employee Investigation Committee. Based upon the recommendation of the Employee Investigation Committee, the superintendent of schools recommended to the School Board that Ms. Scott be suspended without pay and that proceedings be initiated to terminate her employment. The School Board approved this recommendation at its June 4, 2008, meeting. The evidence presented by the School Board is sufficient to establish that, by sending a student into a dark storage room for approximately 10 minutes, Ms. Scott exercised extremely poor professional judgment and that her actions posed a potential risk to the student's physical and mental health and safety. The School Board failed to present any evidence to establish that Ms. Scott's sending several students into the hall during class constituted poor professional judgment or posed a potential risk to the students' physical and mental health and safety. The School Board also failed to present any evidence to establish that Ms. Scott's effectiveness in the school system was impaired by the incident at issue, and it is not reasonable to infer from Ms. Scott's conduct that her effectiveness was impaired.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Palm Beach County School Board enter a final order dismissing the Petition filed against Rutha Scott, immediately reinstating her, and awarding her back pay for the period of her suspension, as provided in Section 1012.33(6)(a), Florida Statutes. DONE AND ENTERED this 16th day of February, 2009, in Tallahassee, Leon County, Florida. PATRICIA M. HART 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 16th day of February, 2009.
The Issue Should discipline be imposed on Respondent's Florida Educator's Certificate No. 878226, based upon the allegations in the Amended Administrative Complaint, Case No. 034-0140-Q, before the State of Florida, Education Practices Commission?
Findings Of Fact Respondent holds Florida Educator's Certificate No. 878226, covering the areas of chemistry, which is valid through June 30, 2004.2/ At all times pertinent hereto, the Respondent was employed as a science teacher at Gulf Coast High School Charter, in the Escambia County School District. STIPULATED FACTS Gulf Coast High School (GCHS) conducted a field trip to Pensacola Beach on May 10, 2002. No certified lifeguards were employed by GCHS for the May 10, 2002 beach field trip. GCHS conducted a similar field trip to Pensacola Beach in April 2001. For the April 2001 (trip), GCHS claims it employed two certified lifeguards. Fifty-eight students attended the May 10, 2002 beach field trip. The following eight GCHS employees accompanied the students to the beach: Russell D. Bourne, Transportation Supervisor --"Mr. Bo" Deanna Jones, Science Teacher Felicia Churchwell, English Teacher Anthony Bassett, Social Studies Teacher Alphonso Lewis, Behavioral Tech Minnie Robertson, Secretary/Attendance Clerk Ray Steven White, Student Services Specialist Melvin Burnett, Behavioral Tech Mr. Burnett left the field trip around lunch time, before the drowning took place. For each student attending the beach field trip, parents signed a field trip authorization form and attached a $5.00 payment for expenses. The beach field trip form specifically stated the student would be going to the beach and that a "certified lifeguard would be on duty." Although the field trip was planned by Assistant Principal Kevin Jones, the person in charge at the beach was Felicia Churchwell, a second-year English teacher. Ms. Deanna Jones took no part in planning the field trip. Both Assistant Principal Kevin Jones and Trip Supervisor Churchwell attended last year's beach trip (the 2001 trip) and knew lifeguards were on duty at that time. Neither Assistant Principal Kevin Jones, nor any other employee of GCHS polled students to ascertain whether students could or could not swim. Neither Assistant Principal Kevin Jones, nor any other employee of GCHS polled employees to ascertain whether the employees attending the field trip could or could not swim. Prior to leaving the school on May 10, 2002, the fifty-eight students were shown the safety video: A Safe Visit to the Beach. The video described the meaning of the beach flag system and provided information on how to manage dangerous surf conditions such as rip tides. Aside from a viewing of the video, Assistant Principal Kevin Jones' only other precautionary instruction to the students was that they were not to go into the water deeper than their navels. The students boarded two GCHS buses and were taken to the gulf side of the beach near the entrance to Fort Pickens. They arrived at the beach at approximately 10:30 a.m. Ms. Deanna Jones immediately advised Ms. Churchwell and other staff that no lifeguards were on duty and yellow flags were flying. Ms. Churchwell stated that she was not concerned that a lifeguard was not present. Students remained in the water for nearly an hour and a half before being called out of the water for a lunch break. All students left the water for lunch. The students were permitted to return to the water following the lunch break at approximately 12:45 p.m. Two staff members, Ms. Deanna Jones and Mr. Alphonso Lewis, stayed at the pavilion. Mr. Lewis was cleaning up from lunch and Ms. Jones was watching the students who were still eating. The remaining staff members returned to the beach to monitor the students who were either sitting or standing near the water's edge observing the students. Some students began to go out into deeper water, venturing beyond the sandbar approximately ten to fifteen yards from shore. At that time Social Science teacher Anthony Bassett began to yell to the students to get out of the water. Students Isaiah Baker, Colan White, Johnny Smith, Ryan Dumas and the decedent, Earl Beasley, were together in the water. No staff person observed the decedent in any danger. No staff person observed the decedent drown. Staff at the beach determined the decedent was missing only after students leaving the water indicated the decedent was missing. Initially GCHS staff believed the decedent could have been in the rest room. When the decedent could not be located, Anthony Bassett called 911. No GCHS personnel, except Alphonso Lewis, entered the water to search for the decedent. Mr. Lewis traveled to the sand bar, but was discouraged from going further by another GCHS employee due to the dangerous surf. Mr. White searched the water visually through the zoom feature on his camera. Rescue personnel arrived with jet skis about ten minutes after the 911 call was made. The decedent's body was found submerged ten to fifteen minutes later approximately fifty yards off shore. Rescue personnel performed CPR at the scene and Life Flight took the decedent to Gulf Breeze Hospital. Earl Beasley was pronounced dead thirty minutes later. ADDITIONAL FACTS On February 26, 2002, Respondent commenced her employment at GCHS. During employment at GCHS Respondent had not been told about school policies in relation to serving as a chaperone on a field trip for the student body. The persons responsible for planning the May 10, 2002 outing for the school were Kevin Jones, the assistant principal, and Felicia Churchwell, an English teacher. Mr. Jones and Ms. Churchwell did not delegate to Respondent any planning or organizational responsibilities associated with the field trip. In that connection, Respondent was not called upon to determine whether the students could swim. Respondent was not called upon to arrange for a lifeguard to be in attendance at the outing. Assistant Principal Jones did not attend the field trip. Ms. Churchwell was placed in charge of the field trip and served as supervisor at the beach. Respondent had no supervisory authority or control over other persons who served as chaperones on the field trip. Respondent was required by Assistant Principal Jones to attend the field trip as a chaperone. Assistant Principal Jones had informed Respondent of the duty to act as chaperone a couple of days before the field trip. It was the intent of Assistant Principal Jones that all students who would participate in the field trip watch the video on safety. After the students watched the video Mr. Jones told the students that they should not go deeper in the water than their belly buttons. Earl Beasley did not view the safety video. But he was allowed to go on the field trip. There is no indication in the record that Respondent participated in the decision to allow Mr. Beasley to participate in the outing without a knowledge of the instruction presented in the safety video. When the party arrived at the beach, there was a lifeguard stand but no lifeguard. The lifeguard stand had a sign displayed indicating that the lifeguard was not on duty. A yellow flag was displayed reminding swimmers to proceed with caution. When Respondent told other chaperones, to include Ms. Churchwell about the absence of the lifeguard, those other persons responded that they knew that the lifeguard was not on duty. Before lunch Respondent spent time down by the water watching students in her role as chaperone. Some students were in the water, others were not. Some students were observed violating the assistant principal's instruction not to go deeper than their belly buttons. Respondent called out to those students who exceeded the depth allowed. The students came closer to the shore where they could understand what was being said. Respondent then told them that Mr. Jones had said that they could not go above their belly buttons. Beyond the time at which she had offered this reminder to stay within the bounds for depth, Ms. Churchwell allowed the students to return to the deeper water. Later in the morning Respondent reminded the students another time to not go so deep in the water. By that point the water was becoming more choppy. A short time later the students were called for lunch. The students went to a location behind the sand dunes away from the beach, where a picnic area was located to have their lunch. The students were required to remain out of the water for a period of time beyond the point in time when they ate their lunch. From the picnic area, one could not see the immediate shoreline because of the dune height. Respondent remained in the picnic area after lunch to watch some students who had remained in that area. Respondent became aware that Earl Beasley was missing when people began to approach the picnic area by coming across the boardwalk that topped the dune. These persons were trying to find the missing student in the restroom areas adjacent to the picnic area. Respondent was told words to the effect that Earl Beasley was in the water and in distress. Having been told about Mr. Beasley's circumstances, Respondent returned to the beach. She observed that the water was even rougher than it had been before. Respondent was prepared to assist in the attempt to rescue Mr. Beasley. She decided against this course given the water conditions. The efforts of others to save Mr. Beasley were not successful.
Recommendation Upon consideration of the Findings of Fact and Conclusions of Law reached, it is RECOMMENDED: That a final order be entered dismissing Counts 1 through 3 of the Administrative Complaint, upon a finding that Respondent has not violated Section 1012.795(1)(f) and (i), Florida Statutes (2002), nor has she violated Florida Administrative Code Rule 6B-1.006(3)(a).3/ DONE AND ENTERED this 13th day of April, 2005, in Tallahassee, Leon County, Florida. S CHARLES C. ADAMS 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, 2005.
Findings Of Fact Jeffrey L. Leon was employed on annual contract by the Broward County School Board at Deerfield Beach High School during the school year 1977-78 in the capacity of administrative assistant (or dean) . Although the dean's functions were not fully explained deans act as counsellors to students and every student is assigned to a dean. At Deerfield Beach High School there are 4 deans and 2400-2600 students giving each dean some 600 students. Since problem students have more occasion to have contact with the dean than do students without problems, it is also evident that deans spend most of their time with the students having problems in, e.g., attendance, discipline, parental and drugs. In July 1977 Respondent took one of the students who was assigned to him during the school year, Deborah Kuhn, to Bimini on two occasions where they remained overnight or longer. This was the month of Debbie's 17th birthday. On the first trip another couple was also on the boat and at Bimini all stayed at the home of a friend of Respondent's. On the second Bimini trip three other men accompanied Debbie and Respondent. On one of these trips Respondent accompanied Debbie to a bar where they consumed about 3 drinks. It is legal for a minor to drink in Bimini. The time was spent in Bimini diving and fishing and that appeared to be the prime purpose of the trip. This incident came to the attention of the principal of Deerfield Beach High School when he received a letter from the parents of Debbie in January 1978. The allegations were subsequently investigated and, when interrogated by the investigator, Debbie emphatically stated on each of the 3 occasions that no sexual relations with Respondent occurred on these trips. She did acknowledge smoking pot on one occasion on the boat and taking a quaalude. This was not in the presence of Respondent, although he was on the boat and became aware of the use of pot while it was going on. The evidence wad unrebutted that Debbie Kuhn had been a problem to her parents since she was about 12 when she became involved with drugs and alcohol. She admitted to the use of marijuana, quaaludes and cocaine. At one time while attending Deerfield Beach High School she was also involved with selling marijuana which was apparently supplied by her boyfriend. During the period Debbie acknowledged dealing in pot she was living with a girlfriend in an apartment on the beach. The situation at home had reached the point Debbie's parents exercised no effective control and were ready to give up on her. Accordingly when she suggested she move to the apartment her parents consented. The school was advised by the Kuhns not to call them if Debbie was late, came to school stoned, et cetera. At this time Debbie was described by Respondent as "hard core" and difficult to convince to alter the pattern of her life. According to Respondent he made the offer to Debbie to go to Bimini for the purpose of showing her another side of life unassociated with drugs in the hope that she could be induced to change her life style. Respondent acknowledged that Debbie smoked pot on one occasion on the first trip to Bimini. However, the smoking had started while he was diving for lobsters and he became aware of it when he came aboard. As one actively opposed to the use of any drugs Respondent stayed outside the cabin in the rain until the smoking had ceased. Respondent emphatically denied any sexual involvement with Debbie at Bimini while in her testimony Debbie stated she had sexual intercourse with Respondent on each of the two trips to Bimini. This testimony was objected to by Respondent on grounds that no such conduct was alleged and evidence of unalleged misconduct was not admissible. The objection was overruled by the Hearing Officer. Witnesses testifying on behalf of Respondent included police, teachers, other deans, and parents. Three parents whose children Respondent had helped averred that without the efforts of Respondent these children would not have remained in school. One witness's children had dropped out of Deerfield Beach High School after Respondent was transferred. One of the parents was a former dean and current principal of a middle grade school. He and his wife both consider Respondent to have had a highly beneficial effect on their boys while under his supervision, without which at least one of these boys would not have graduated. This parent would be delighted to have Respondent as a dean at his school. The third parent also credited Respondent's interest in her son and the diversion of his energies into athletics with saving him from dropping out of school aid leading him into a currently successful life. Other deans at Deerfield Beach High School described Respondent as effective, competent, and a hard worker who was vitally interested in the welfare of the students. These deans have worked with Respondent for several years and not only expressed high regard for Respondent but also had heard no rumors regarding the Bimini trip which adversely reflected on Respondent at the school. Respondent has cooperated with the police by turning in names of students suspected of dealing in drugs. Some dealers had girlfriends in Deerfield Beach High School who they were using to distribute pot. Respondent supported all school programs by his presence and encouragement to students to attend. He established excellent relations with both the latin community and the black community. In each of these communities he was accepted and respected. He had the reputation of being fair to all and unalterably opposed to drugs. The Petition mentioned two prior incidents in which Respondent's judgment in his involvement with children had been questioned. The first involved a female student assigned to another dean who had a serious psychological problem induced by molestation by her stepfather. She was also involved with drugs. Whether the molestation precipitated the drug use was not clear but it did aggravate the problem and, on one occasion, caused the child to take 17 or 18 valium one day enroute to school. When called and told their daughter was sick, her parents would not come for her. Subsequently the student ended up in a psychiatric hospital where her only visitors were Respondent and the other dean (a woman). Upon her release from the hospital she stayed with Respondent and his wife for two to three weeks, then for a while with the other dean before returning to her home. This student credits these two deans with her salvation. Respondent's action in allowing this student to stay at his home was the previous conduct questioned by the principal but the principal was happy with the results. The other incident referred to in the Petition involved an allegation that Respondent had called a female student assigned to him and offered to take her to dinner without advising the child's parents. When the parents so advised the school Respondent insisted on a meeting with the parents at which all questions were resolved. It was undisputed that Respondent, in order to improve a student's dress or cleanliness would offer a prize or bet if they could improve within a specified time. In the incident referred to Respondent had advised the girl he would bet her a dinner that she couldn't let her fingernails grow and be kept clean for 30 days. She won the wager and something she said to her parents led them to write to the principal. When one of these wagers was lost by Respondent the winner was treated to a hamburger at McDonald's. From all the evidence presented it is clear that when resolving the conflicting testimony given by Debbie and the Respondent the latter is much more worthy of belief. Debbie's reputation for truth and veracity was poor. While Respondent could be considered to have a self-preservation motive in not telling the truth with respect to his involvement with Debbie, the latter also had a motive for prevarication with respect to Respondent. The first statement by Debbie regarding sexual involvement with Respondent was made to her parents while Debbie was trying to move back to her parents' home. It was also after she had been suspended from school for 3 days by Respondent and after learning that Respondent had turned her name into the police as a drug suspect. Unfortunately no detailed testimony surrounding the alleged intercourse, such as time, place and other detailed circumstances, was elicited from which the more probable testimony could have been ascertained. Respondent is an activist in looking out for his students (as well as perhaps all of this age group) . This included non-school time looking for runaways, attending school sports events and social events as an encouragement to students to also attend, coaching a wrestling team after his regular school hours and generally being available for consultation at all hours. From all the testimony and evidence presented no credible testimony was submitted to prove by a preponderance of the evidence that Respondent had sexual relations with one of his students or that taking this student on an overnight trip to Bimini seriously reduced his effectiveness as an employee of the School Board. In fact little evidence was introduced to show that this incident even slightly reduced Respondent's effectiveness. The Deerfield Beach High School principal's source of information that some of the students were aware of disciplinary action against Respondent was that two of these students had presented to him a petition protesting Respondent's transfer from Deerfield Beach High School as a result of the charges considered at this hearing.
