The Issue Whether the Respondent's Florida teaching certificate should be suspended or revoked based upon the allegations of the Petitioner's Administrative Complaint dated February 20, 1987?
Findings Of Fact It is undisputed that the Respondent holds Florida teaching certificate 497382. The Respondent has been a school teacher since the 1982-1983 school year. During the 1983-1984 and 1984-1985 school years the Respondent was employed as a teacher by the Volusia County School District (hereinafter referred to as the "School District"). During the 1984-1985 school year the Respondent was employed as a physical education teacher and the track coach at Silver Sands Junior High School (hereinafter referred to as "Silver Sands"), in the School District. Kim Romano was a minor female student in the eighth grade at Silver Sands during the 1984-1985 school year. Ms. Romano served as one of three managers of the Silver Sands track team coached by the Respondent. At some point during the 1984-1985 school year the Respondent became romantically attracted to Ms. Romano. The Respondent realized that he should not get involved with Ms. Romano and, therefore, he sought counsel from a former college professor, Mr. Don Dungee. Mr. Dungee advised the Respondent to handle the situation himself. On the evening of March 20, 1985, the Silver Sands track team participated in a track meet at Ormond Junior High School. Following the conclusion of the track meet the team, the Respondent and the track team managers had to wait for a bus to transport them back to Silver Sands. The bus was late. One of the track team members asked where the telephone was so that he could call his mother and inform her that he would be late. The Respondent asked if anyone knew where the telephone was and Ms. Romano indicated that she did. The Respondent asked Ms. Romano to show him and the track team member who wanted to use the telephone where the telephone was located. Ms. Romano, the Respondent and the track team member walked to the telephone which was located out of sight of where the team was waiting for the bus. While the track team member used the phone, the Respondent and Ms. Romano began to walk back to where the team was waiting. On the way back the Respondent and Ms. Romano kissed. The Respondent willingly participated in the kiss, which was a "french" kiss, based upon the following findings of fact: At the time of the kiss the Respondent was six feet, five inches tall and weighed approximately 230 pounds. Ms. Romano was approximately five feet, two inches tall and weighed approximately 115 pounds. Ms. Romano could not have forced the Respondent to participate in a "french" type kiss. On the way to the telephone, Ms. Romano appeared to be "fine." When Ms. Romano returned following the kiss she was "crying", "hysterical" and "jumping." Ms. Romano walked around the field in this state until the bus left and cried on the bus ride back to Silver Sands. After the bus picked up the track team and managers and had returned to Silver Sands, the Respondent said that "he didn't know how he got involved with Kim", that "he shouldn't be on the face of the earth" and that "he needed a drink." On April 8, 1985, the Respondent was interviewed by Willie D. Brennon, Principal of Silver Sands. William A. Walden, Assistant Principal at Silver Sands was present at the meeting. The Respondent admitted that a "french" style kiss took place between Ms. Romano and himself on March 20, 1985. The Respondent also indicated that Ms. Romano had initiated the kiss. On April 10, 1985, the Respondent met with Duane Busse. At that time Mr. Busse was the Employee Relations Officer of the School District. The Respondent again admitted that he had participated in a "french" type kiss with Ms. Romano on March 20, 1985, that he lacked judgment in allowing it to happen and offered to resign. The Respondent also indicated that his feelings for Ms. Romano were genuine and sincere and that she reminded him of a former girl friend. The same night that the kiss took place, March 20, 1985, the Respondent telephoned Mr. Dungee and told him that Ms. Romano had kissed him and that he had held her off when it happened. Mr. Dungee again advised the Respondent to handle the situation himself. The incident was reported to Mr. Walden by Marnie Hazen, on April 8, 1985. Ms. Hazen was a friend of Ms. Romano. Ms. Hazen was on the track team and a student at Silver Sands. Following the kissing incident, the Respondent wrote a two-page note which was given to Ms. Romano. The note was romantic in nature. The note written by the Respondent was written by the Respondent on his own behalf based upon the following findings of fact: The Respondent admitted to Mr. Busse that he wrote the note to Ms. Romano on April 10, 1985. The complimentary closing of the note reads: Take care and Smile CLY The Respondent was unable to explain the significance of this closing and indicated that it did not mean anything. The Respondent maintained during the final hearing that he had written the note on behalf of Reginald Taylor, one of the managers of the track team. Mr. Taylor was supposed to rewrite the note in his own handwriting and give it to Ms. Romano according to the Respondent. This testimony is rejected as contrary to the weight of the evidence. It is reasonable to infer that the letters "CLY" were intended to represent "Coach Loves You" or "Chester Loves You" or words of similar meaning. The note took two days for the Respondent to write. It defies logic and common sense that the Respondent would spend two days writing a note on behalf of one of his students. The Respondent offered to resign when confronted by Mr. Brennon in order to avoid harm to Silver Sands. His offer was not accepted. The Respondent's position as a teacher was not terminated by the School District following the incidents. Instead, the Respondent was transferred to another work location for the remaining weeks of the 1984-1985 school year and his annual contract with the School District was not renewed following the conclusion of the 1984-1985 school year. The evidence failed to prove that any other kissing incidents occurred or that the Respondent gave Ms. Romano any gifts, including a necklace. The Respondent's conduct with Ms. Romano constitutes personal conduct which seriously reduced the Respondent's effectiveness as an employee of the School District. The Respondent's conduct with Ms. Romano reduced his effectiveness as an employee with the School District. The School District's ability to trust the Respondent with minor female students was substantially diminished as a result of his conduct. In light of the incidents, students under the Respondent's control and supervision would be "at risk." Ms. Romano was served a subpoena compelling her attendance at the final hearing. Ms. Romano failed to appear, however.
Recommendation Based upon the foregoing Findings of Fact and Conclusions Of Law, it is RECOMMENDED that the Respondent's Florida teaching certificate be suspended for a period of three years. DONE and ENTERED this 5th day of August, 1987, in Tallahassee, Florida. LARRY SARTIN, Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway The Oakland Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 5th day of August, 1987. APPENDIX The parties have submitted proposed findings of fact. It has been noted below which proposed findings of fact have been generally accepted and the paragraph number(s) in the Recommended Order where they have been accepted, if any. Those proposed findings of fact which have been rejected and the reason for their rejection have also been noted. The Petitioner's Proposed Findings of Fact Proposed Finding Paragraph Number in Recommended Order of Fact Number of Acceptance or Reason for Rejection 1 1. 2 2-3. 3 4. 4(a) 6. (b) 7. (c) 8. (d) 9. (e) 10. (f) 10-11. 5 11. 5(a) 11a. 11b. 11c. 11d and 16. 11e. 20. The second sentence is not a finding of fact. The last sentence is accepted only to the extent that Ms. Romano's statements corroborate evidence that a kiss occurred and that a note was written by the Respondent to Ms. Romano. Irrelevant or cumulative. Irrelevant. 6 14. 6(a) 15. 15a. The weight of the evidence did not prove that the Respondent wrote more than one note. 15b. 15c. 7 17. 8 19. 9 18. The Respondent's Proposed Findings of Fact 1 1. 2 2-3. 3 2. 4 Not supported by the weight of the evidence. 5 4. 6 The weight of the evidence did not prove that Ms. Romano was "trying to go beyond the teacher-student relationship he had established." See 5. 7 Not supported by the weight of the evidence. 8 6. 9 8. 10-12 Not supported by the weight of the evidence. 13 12. 14 13. 15-16 11d. Irrelevant. 11e and 15a. The date of this meeting was April 10, 1985 and not April 11, 1985. 15a. The Respondent did not tell Mr. Busse that he had written the note for Reginald Taylor. Not supported by the weight of the evidence. Mr. Taylor approached Mr. Busse on his own and told Mr. Busse that the note had been written for him sometime after April 10, 1985. Not supported by the weight of the evidence. 22 17. 23 20. 24 Hereby accepted. 25-26 Not supported by the weight of the evidence. 27-28 18. 29-33 Not supported by the weight of the evidence. COPIES FURNISHED: J. David Holder, Esquire Post Office Box 1694 Tallahassee, Florida 32302 Ronald G. Meyer, Esquire Meyer, Brooks and Cooper, P.A. 911 East Park Avenue Post Office Box 1547 Tallahassee, Florida 32302 Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32999 Sydney McKenzie, General Counsel Department of Education Knott Building Tallahassee, Florida 32399
Findings Of Fact Respondent, William Wells, is an employee of Petitioner, Pinellas County School Board, and has been employed as a plant operator since February 1989. During May 1993, Respondent was assigned to Palm Harbor Elementary School. Respondent's immediate supervisor was Arnold Harris. Harris' immediate supervisor was Roosevelt Hall. On or about May 12, 1993, Respondent asked his supervisor, Harris, a night foreman, if he could take some mulch for use at his residence. Harris told Respondent that he saw no problem and gave his approval. The mulch, some of which Respondent took, was donated and delivered to Palm Harbor by Boen's Tree Trimming Service. Mulch similar to that which Respondent was given permission to take from Petitioner was available to the public at no charge at a location approximately two miles from the school. On Saturday, May 15, 1993, Respondent accompanied by his nephews, Peter and George, whose ages are 11 and 12 years old, respectively, took approximately two "gurneys" of mulch. A gurney is represented to be a five-gallon container. Hall observed Respondent removing the mulch from the school on that day but he was unaware that Harris had given Respondent permission to take the mulch. On May 16, 1993, Hall claims to have seen Respondent exiting the school's parking lot for the second time, however his vision was obscured. Hall did not clearly see the driver of the vehicle although he believed it to be Respondent. Respondent admits that he took mulch from the school on May 15, 1993. However, he denies that he returned to the school on the following day to take more mulch. Also on that same day, May 16, 1993, Rose Kane, while on campus, observed a young boy and a man loading mulch into a vehicle, however she was unfamiliar with the individuals loading the mulch into the truck and testified that it was not Respondent. It is more likely than not, that Respondent did not take mulch from the school on May 16. This is especially so in view of the fact that Respondent freely admitted taking the mulch on May 15. On Monday, May 17, 1993, Respondent "acted as if it was business as usual" when Hall saw him. Respondent made no mention of the mulch nor was the matter discussed. Hall reported Respondent as having taken mulch from the school which triggered an investigation by Petitioner. During the investigation, Petitioner requested that Respondent take a polygraph exam to clear him of the charges. Respondent agreed to do so and to pay for the cost of having the test administered. The initial polygraph results were inconclusive and Respondent, again at his own expense, took a subsequent polygraph test. These results indicated that Respondent evidenced no deception when he answered questions put by the polygrapher. On June 22, 1993, Investigator Franz, Office of Professional Standards with Petitioner, delivered to Respondent a stipulation of agreement between Petitioner and Respondent with the result that the Respondent accepted a three- day suspension without pay. Although Respondent executed the stipulation, he has challenged same and requested a hearing contesting the Petitioner's recommendation that he be suspended for three days without pay.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that: Petitioner enter a final order rescinding its proposed suspension of Respondent, without pay, and expunge all derogratory references about this incident from his personnel file. RECOMMENDED in Tallahassee, Leon County, Florida, this 27th day of January 1994. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 27th day of January 1994. APPENDIX TO RECOMMENDED ORDER, CASE NO. 93-4012 Rulings on Petitioner's proposed findings of fact: Paragraph 4, rejected, contrary to the greater weight of evidence, Paragraphs 3, 4, and 8, Recommended Order. Paragraph 7, rejected, unnecessary. Paragraphs 8 and 9, rejected, contrary to the greater weight of evidence, Paragraphs 7 and 8, Recommended Order. Paragraph 10, rejected, irrelevant and unnecessary. Paragraph 11, last sentence adopted as modified, Paragraph 6, Recommended Order. The remainder of Paragraph 11 is rejected as being irrelevant and not probative of the issues posed. Paragraph 12, rejected, irrelevant and unnecessary. Paragraph 14, adopted as modified, Paragraphs 10 and 11, Recommended Order. Paragraphs 16 and 17, adopted and incorporated in the Preliminary Statement as being background information. Rulings on Respondent's proposed findings of fact: Paragraph 5, adopted as modified, Paragraph 5, Recommended Order. Paragraph 8, rejected as being a recitation of testimony and not proposed findings of fact. Paragraph 17, adopted as modified, Paragraph 10, Recommended Order. COPIES FURNISHED: Keith B. Martin, Esquire Pinellas County School Board Post Office Box 2942 Largo, Florida 34649-2942 J. Robert McCormack, Esquire Wiggins & McCormack 3040 Gulf-to-Bay Boulevard, Suite 100 Clearwater, Florida 34619 J. Howard Hinesley, Ed.D., Superintendent, Pinellas County School Board Post Office Box 2942 Largo, Florida 34649-2942 Douglas L. "Tim" Jamerson Commissioner of Education The Capitol Tallahassee, Florida Barbara J. Staros General Counsel 32399-0400 The Capitol, PL-08 Tallahassee, Florida 32399-0400
Findings Of Fact On or about September 13, 1976, Petitioner Alvin Leonard Pondexter, was convicted in Leon County, Florida, of attempted petty larceny, a misdemeanor, on the charges of attempting on May 26, 1976 to steal two bicycles from students on the campus of Florida State University. At the hearing in this cause, Petitioner maintained that he only admitted to, and was convicted of, attempting to steal one bicycle. On June 12, 1976, while the charges contained in the preceding paragraph were pending and Petitioner was awaiting sentencing, Petitioner was arrested in Leon County, Florida, as he attempted to steal a ham from a Tallahassee food market. In an effort to free himself from restraint by the store security guard, Petitioner bit the tip of one finger off the guard's hand and bit the guard on the inside of a thigh. On December 20, 1976, Petitioner was convicted of battery on the guard and shoplifting, both misdemeanors, and was sentenced to one year in the Leon County jail. On or about September 9, 1979, Petitioner was arrested in Dade County, Florida, for lewd and lascivious behavior after police officers observed him performing oral sex with a 15-year-old male while in a parked car which was located in a beach parking lot off Collins Avenue. Bruce Munster, one of the officers who observed the Petitioner's conduct at the time of his arrest, noticed that the Petitioner became irate and caused Munster to pull his gun to effect the arrest. Petitioner refused to discuss the case at the hearing because the criminal charges against him in connection with this matter were dropped. Petitioner did not offer any rebuttal evidence at the hearing on this charge and in his deposition, he admitted that at the time of the arrest that his companion in the car was sitting in the front seat with his pants down. In 1980, Petitioner applied for a teacher's certificate. On October 21, 1980, his application was denied for the same reasons set out in the foregoing paragraphs. Petitioner failed to appeal or in any way contest the denial of his application. Dr. Patrick Gray, Executive Director, Division of Personnel Control, Dade County, testified as an expert in the areas of education and personnel administration in Dade County and the State of Florida, and as an expert with respect to the Code of Ethics and the Principals of Professional Conduct regulating teachers. The Petitioner's conduct amounts to immorality and moral turpitude, and lessens Petitioner's effectiveness as a public educator in the public school system. In addition, as stated by Dr. Gray the Dade County School system would not hire the Petitioner even if he were granted a certificate.
Recommendation Accordingly, based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That a Final Order be entered denying Petitioner's application for a Florida Teacher's Certificate. DONE and ENTERED this 23rd day of March, 1984, in Tallahassee, Florida. SHARYN L. SMITH Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of March, 1984. COPIES FURNISHED: Alvin Leonard Pondexter 17120 Northwest 27th Street Miami, Florida 33056 Wilson Jerry Foster, Esquire 616 Lewis State Bank Building Tallahassee, Florida 32301 Donald L. Griesheimer, Director Education Practices Commission Knott Building Tallahassee, Florida 32301
The Issue Whether Lee Mace struck Suarez and is thereby guilty of misconduct in office contrary to the provisions of Section 231.36(6), Florida Statutes.
Findings Of Fact Petitioner, Robert L. Blubaugh, is the superintendent of the School District of Brevard County, Florida. Respondent, Lee Mace, is a member of the instructional staff of the School Board of Brevard County, Florida, employed pursuant to a continuing contract of employment. On or about May 10, 1977, at a meeting of the School Board of Brevard County, Florida, Petitioner recommended to the School Board that Respondent be dismissed from employment. This recommendation was based upon reports that Respondent had, on or about April 22, 1977, struck a student, George Suarez, on the premises of Melbourne High School in Brevard County, Florida. The Board acted upon the Petitioner's recommendation and suspended the Respondent with pay pending an evidentiary hearing pursuant to the provisions of Florida Statutes 231.36(6), upon the allegations asserted by the Petitioner. The School Board further voted to seek the appointment of a hearing officer the Division of Administrative Hearings for the purpose of conducting a hearing on the Petitioner's allegations. The School Board's action was set out in a complaint and request for hearing, dated May 18, 1977, and forwarded to the Division of Administrative Hearings. The Division of Administrative Hearings assigned Stephen F. Dean as Hearing Officer in this matter. Notice of formal hearing was given for a hearing to be conducted on June 30, 1977. George Suarez was a student at Melbourne High School in Brevard County, Florida. He had been a member of the track team at Melbourne High School coached by the Respondent. Immediately prior to April 22, 1977, Suarez quit the track team. This was Suarez's third resignation from the team during the 1977 school year. On April 22, 1977, the Respondent entered the classroom of Ned Brown between second and third period at approximately 9:30 a.m. He asked George Suarez to come into the hall, and Suarez refused. Respondent then sought permission of Ned Brown to enter his classroom and speak with Suarez. He was granted this permission and spoke to Suarez concerning his return of track equipment issued to Suarez. Suarez refused to return the track equipment alleging that the Respondent had entered his track locker and given away his personal belongings to other members of the track team. The Respondent told Suarez that his belongings had been removed from his track locker but had been placed in Respondent's file cabinet in his office where he could pick them up upon return of his track equipment. During this exchange, the discussion became more heated and following New Brown's suggestion, Mace began to leave the classroom. At this time, Suarez called out to Mace words to the effect, "Why don't you beat me up like you said you would?" The Respondent, continuing to leave the room, said to Brown words to the effect, "Scum like him isn't worth beating up" and continued to leave the classroom. At this point, Suarez shouted at Mace, "You are the scum." Mace questioned Suarez concerning what he had said. The testimony of the various witnesses concerning what occurred immediately thereafter is somewhat conflicting, but there is general agreement that Suarez, who had been sitting, jumped to his feet and while doing so or immediately thereafter, Mace struck him cuting Suarez's lip. The witnesses' testimony indicates that Suarez aggressively jumped from his seat to confront Mace, and that Suarez had a reputation for being quick tempered and for fighting. However, Mace admits that Suarez never struck at him. The witnesses' testimony generally agreed that the Respondent had not struck Suarez a deliberate forceful blow, based upon their observations and the fact that the Respondent, a man with the strength and build of a professional athlete, would have severely hurt Suarez had that been his intention. There is no dispute concerning the relevant facts concerning what immediately followed the physical contact between the Respondent and Suarez. Lee Mace enjoys a good reputation as an instructor and coach at Melbourne High School among the students, faculty, and parents. His reputation is based upon his working with student athletic teams and bringing the members of these teams together in activities which build character and which are morally uplifting. The evidence in this case indicates that he had given a great deal of personal attention, and had arranged to provide special coaching to George Suarez in an effort to keep him interested in athletics as a means of self expression to overcome Suarez's disciplinary and academic problems. Mace had also spent many hours of his own time in repainting the football stadium at Melbourne High School and making improvements to the student locker rooms.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer would recommend to the School Board that Lee Mace be suspended without pay for a period of thirty (30) days. DONE AND ORDERED this 1st day of September 1977, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 530 Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Mark F. Kelly, Esquire 341 Plant Avenue Tampa, Florida 33606 William C. Walker, Esquire 3435 S. Hopkins Avenue Post Office Box 1084 Titusville, Florida 32780
