The Issue Whether Respondent should be reassigned to Douglas MacArthur Senior High School--North.
Findings Of Fact During the whole of the 1987-1988 and the beginning of the 1988-1989 school years, Respondent was a student at Carroll City Senior High School. As of fall, 1988, he was ranked as a 9th grader. Ms. Schipelberg was Respondent's mathematics teacher during the 1987- 1988 school year. In her class, he was outspoken, never brought required supplies to class, and did not work productively when Ms. Schipelberg provided supplies to him. Although Ms. Schipelberg spoke with his father, who promised better behavior on his son's part, better behavior was not forthcoming from Respondent, and on February 18, 1988, Ms. Schipelberg referred Respondent to the office for the same repeated behavior. On March 10, 1988, Respondent was referred by another teacher to Mr. William E. Henderson, a Carroll City High Assistant Principal, for cutting class and leaving school without permission. Three days indoor suspension was meted out as discipline. On May 17, 1988, Respondent was again referred for the administration of discipline by Mr. Henderson. This referral was the culmination of an incident in which Respondent entered a classroom without permission while a class was in progress; "visited" with a student who was properly assigned to that class; refused to leave when requested to do so by the teacher; prevented the teacher from closing the door to shut him out; and directed profanity at the teacher. A security monitor had to be called to eject Respondent from the room, and Mr. Henderson counselled with Respondent's parents and imposed three days outdoor suspension on Respondent. During the whole of the 1987-1988 school year, Respondent initiated repeated incidents of disruptive behavior. He frequently moved around the school without a hall pass, contrary to school rules and the Code of Student Conduct. He repeatedly had excessive absences, cut classes, and left the school grounds without permission. During that period he was referred to the guidance counsellor, the visiting teacher, the occupational specialist, and the dropout program. He was placed on a "behavioral contract" requiring weekly progress reports through him to his parents but he failed to comply. By the end of the 1987-1988 school year, Respondent's exit grades were seven failing classes (F's) and one "D," and he had accumulated 89 absences out of 180 days of school. On September 8, 1988, approximately one month into the 1988-1989 school year, Respondent was referred to Mr. Arthur Lindsey, also an Assistant Principal of Carroll City High School. This referral was for counselling due to Respondent's verbal abuse of a substitute teacher. Mr. Lindsey advised Respondent that his behavior was in direct defiance of the Student Code, which it was. Later that same day, Mr. Lindsey was summoned by walkie talkie due to Respondent's presence in the hall without a hall pass, refusal to go back to class, defiance of a school security officer, and loud use of sexually explicit obscenities. Respondent's father was notified, and Respondent was suspended for 10 days. After review by a child study team on September 12, 1988, Mr. Lindsey formally recommended that Respondent be transferred to the alternative education program at Douglas MacArthur Senior High School--North, an "opportunity school" established by the Dade County School Board. The child study team concluded that this was the appropriate placement for Respondent since all of Respondent's infractions and suspensions fell in the Group 5 range of the Student Code. Group 5 offenses rate suspension, expulsion, or transfer to alternative education. The transfer was deemed the least harsh alternative. At formal hearing, Mr. Henderson stated that he concurred in Mr. Lindsey's recommendation.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, RECOMMENDED that a Final Order be entered assigning Respondent Robert Ward to the opportunity school program at Douglas MacArthur Senior High School--North until such time as his performance reveals that he can be returned to the regular school program. DONE and RECOMMENDED this 6th day of March, 1989, at Tallahassee, Florida. ELLA JANE P. DAVIS, 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 6th day of March, 1989. COPIES FURNISHED: Joseph A. Fernandez, Superintendent School Board of Dade County 1410 Northeast Second Avenue Miami, Florida 33132 Frank R. Harder, Esquire Twin Oaks Building--Suite 100 2780 Galloway Road Miami, Florida 33165 Mr. and Mrs. Derek Nesbitt 3130 Northwest 174th Street Miami, Florida 33056 Madelyn P. Schere, Esquire Assistant Board Attorney Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132
Findings Of Fact At all times relevant hereto, respondent, Erron L. Evans, was a student at Miami Norland Senior High School (MNSHS) in Dade County, Florida during school year 1986-87. The school is under the jurisdiction of petitioner, School Board of Dade County (Board). During the first half of school year 1986-87, Erron was a thirteen year old ninth grade student. He turned fourteen on January 1, 1987. Between September 17, 1986 and January 6, 1987 Erron was the subject of at least five student case management referral forms for disruptive conduct in class or on the school premises. These forms are used whenever a student is referred to the principal's office for disciplinary action. They are used sparingly and only when the conduct is so "extreme" as to warrant their use. Such forms related to incidents occurring on September 17, October 3 and 27 and December 4, 1986 and January 6, 1987. On September 17, Erron and R. W., another male student, became embroiled in a fight after Erron provoked R. W. by calling him names. The encounter was eventually broken up by a teacher, and Erron earned a ten-day suspension from school for his misconduct. On October 3, or the day when Erron returned from his suspension, Louis Allen, a teacher and football coach at MNSHS, was in his classroom during lunch hour when three students entered the class and placed their books on empty desks. When Allen told them they could not leave their books in the classroom during lunch hour, one student responded they did it regularly. Allen said that was not true for he had never seen them do it before. The same student responded "You're a Goddamned liar." Not knowing the identity of any of the students, Allen took the three to the assistant principal's office where he learned from one of the three that Erron was the student who had used the profanity. Erron then became hysterical, began screaming, and made physical threats upon Allen. Erron briefly left the office, but returned a few minutes later shouting obscenities. It should be noted that this entire episode took place in front of several teachers, students and school employees and had the effect of undermining the authority of Erron's superiors. After leaving the office once again, Erron went to the classroom where the student who had identified him was sitting. He "stormed" into the classroom and backed the student against the wall. The teacher was forced to call another teacher to remove Erron from the classroom. Erron received a ten-day suspension for this misconduct. On December 4, 1986, Erron was written up again on a student case management referral form for disruptive behavior while in the classroom. For this, he received punishment in the form of a work detail at school. The final incident occurred on January 6, 1987 when Erron attempted to start a fight with a female student but ended up fighting with another male student. After Erron was brought to the administrative assistant's office to discuss the incident, the assistant telephoned Erron's mother. Erron briefly spoke with his mother, started screaming on the telephone, and slammed the telephone down. He then told the assistant "Fuck you assholes, I'm leaving the whole damn school," and departed the premises. Erron was thereafter given a ten-day suspension from school beginning on January 7. During the fall of 1986, Erron's academic record was also poor. For the grading period ending November 6, 1986 he received four F's and two D's in his courses, and his conduct and effort were rated very poor. During this same period, he was absent from school at least fourteen days, many of which were due to disciplinary suspensions. It was further established that in one class (mathematics) Erron was generally unprepared and did not bring class materials. He was also argumentative with his teacher and interrupted the normal workings of the class. This interfered with the other students receiving an educational benefit from the instruction. On October 17, 1986, a child study team at MNSHS convened to discuss Erron's situation. After reviewing his performance, behavior and attendance, the team recommended that Erron be reassigned to an opportunity school. Erron and his mother were invited to attend this conference. Whether they did so was not disclosed. In any event, Erron was given notice of transfer by letter dated October 30, 1986. That prompted the instant hearing. It is presumed (but not known) that Erron is now attending Douglas MacArthur Senior High School-North, an opportunity school in Miami. 2/ For disruptive behavior, Erron was previously assigned to an opportunity school for the last few months of school year 1985-86. While there, he showed remarkable progress over his prior performance in the regular school program. Indeed, his grades were better than a B average during the final grading period, and his effort and conduct were very good. This record prompted the team and ultimately the Board to reassign Erron back to MNSHS for school year 1986-87. Erron's mother has been personally contacted by MNSHS personnel on a number of occasions regarding his conduct. In addition, several teacher-parent conferences have been held. Despite this parental contact, no improvement in Erron's grades or deportment has occurred.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Erron L. Evans be reassigned to Douglas MacArthur Senior High School-North. DONE and ORDERED this 13th day of February, 1987, in Tallahassee, Florida. DONALD R. ALEXANDER 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 13th day of February, 1987.
Findings Of Fact Petitioner has served in the field of education in the State of Florida for approximately twenty-seven years. He has worked as a teacher, a dean, an assistant principal, and a principal. From 1959 until June, 1972, he worked in the Broward County, Florida school system in various capacities. Prior to the 1972-73 academic year, the Petitioner moved to Lake County where he was hired as an assistant principal at Eustis High School. He served as the assistant principal at Eustis High School during the 1972-73 and 1973-74 academic years. During those two academic years there were two assistant principals employed at Eustis High School. The school was not large enough to justify two assistant principalships; however, racial tensions at the school had placed a strain upon administrative personnel, and two assistant principals were assigned to the school for that reason. During the spring of the 1973-74 school year, it became apparent that only one of the two assistant principals would be rehired for the next academic year. The principal at Eustis High School decided to retain the other assistant principal rather than the Petitioner. This was not because of any deficiency on the Petitioner's part, but rather because the other assistant principal was black man, and the principal felt it important to maintain a black person in a high administrative capacity at the school in view of the recent tensions. During the 1972-73 and 1973-74 school years, the Petitioner was employed with the School Board on an "annual contract" basis. He was eligible for a "continuing contract" for the 1974-75 school year. The principal at Eustis High School wished to recommend the Petitioner for continued employment as an administrator; however, he did not have a position available, and he recommended that the Petitioner be hired on a continuing contract basis as a teacher. The School Board voted to place the Petitioner on continuing contract status as a teacher. During the summer of 1974 additional funds became available, and the School Board elected to keep a second assistant principal at the Eustis High School. The Petitioner was offered that position. In the meantime, however, the Petitioner had applied for a vacancy as an assistant principal at the Mount Dora Middle School, within the Lake County school system. The Petitioner was hired for that latter position. During the 1974-75 school year the principal at the Mount Dora High School was removed, and the Petitioner was assigned as the principal. He served in that capacity for the remainder of that school year, and for the 1975-76 and 1976-77 school years. For each of those two latter years, he was given an annual contract as a principal. During February, 1977, the Superintendent of the School Board advised the Petitioner at a conference that the Petitioner would not be recommended for an administrative position within the school system for the 1977-78 school year, but that the Petitioner's continuing contract status as a teacher would be honored, and that he would be recommended for a teaching position. This oral notification was followed by letters dated March 7, 1977 and March 29, 1977 advising the Petitioner of the action. Petitioner is now employed on a continuing contract basis, as a teacher at the Eustis Middle School within the Lake County school system. At all times relevant to this action, the School Board has distributed contracts to its personnel in the following manner: During the spring or early summer of each academic year, two copies of proposed contracts are mailed to personnel who the Board has decided to rehire. If the employee agrees with the contract he signs both copies and returns them to the School Board, where the facsimile signatures of the Superintendent and Chairman of the School Board are affixed. One of the copies is then returned to the employee. Prior to the 1974-75 school year, a continuing contract of employment was forwarded to the Petitioner in this manner. The contract provided in pertinent part: WHEREAS, Section 231.36, et. seq., Florida Statutes, provides for continuing contracts with each School Board for members of the instructional staff in each district school system, who are qualified by the terms of said law, and WHEREAS, the School Board has appointed and employed the Teacher for continuing employment as teacher in the Mount Dora Middle School of the district. NOW THEREFORE, for and in consideration of the mutual agreements, covenants, terms, and conditions herein contained, it is expressly stipulated, understood, agreed, and covenanted by and between the parties hereto as follows: The School Board enters into this contract of continuing employment with the Teacher pursuant to the laws of Florida and to Section 231.36, et. seq., Florida Statutes, and the action of the School Board heretofore taken, whereby the Teacher was appointed and employed . . . The words "(Asst. Prin.)" had been placed after the words "whereas the School Board has appointed and employed the teacher for continuing employment as teacher". The words "(Asst. Prin.)" were also crossed out. It appears that these words were inserted in the contract after Mr. Ridaught had signed it and before the proper facsimile signatures of the Chairman of the School Board and the Superintendent of Schools were affixed to the contract. The Superintendent crossed out the words before the contract was signed by the School Board personnel. When the contract was returned to the Petitioner the words "(Asst. Prin.)" were placed on the contract and were crossed out. It does not appear that the words "(Asst. Prin.)" as above have any bearing on this case, or that they were intended to be a part of the contract by either of the parties. It appears that they were inserted by clerical error and were crossed out in order to obviate the error. The School Board has, in the past, offered continuing contract status to teachers, principals, and supervisors. The School Board has not, in the past, offered continuing contract status to assistant principals, or any administrators below the level of principal. It does not appear that the School Board has ever offered a continuing contract to an administrator other than a principal. As a result of a change in the pertinent statutes the School Board now gives tenure or continuing contract status only to teachers. Neither supervisors nor principals are granted continuing contract status. Assistant principals are classified for the School Board's purposes as teachers. Their paygrade is determined from the same scale that is used for teachers. Assistant principals are given an increment in their salary for the additional duties that they perform, in the same manner that coaches, librarians, and guidance counsellors are given an increment. There is no separate salary scale for assistant principals as there is for administrators and supervisors. Although the School Board classified the Petitioner as a teacher in the continuing contract that was granted to the Petitioner in 1974, the Petitioner had not, prior to that time, ever served within the Lake County school system as a teacher. All of his service prior to then was as an assistant principal. His duties as an assistant principal included administrative duties assigned by the principal of the school. At no time did he serve as a classroom teacher. Subsequent to 1974, the Petitioner continued to serve as an administrator within the school system, and not until the present school year did he ever serve as a classroom teacher.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, RECOMMENDED: That a final order be entered denying the Petitioner's prayer that the School Board be required to consider him as having continuing contract status as an administrator or assistant principal; and denying the Petitioner's prayer for loss of wages; and dismissing the petition herein. RECOMMENDED this 2nd day of March, 1978, in Tallahassee, Florida. G. STEVEN PFEIFFER, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Robert J. Vossler, Esquire Harrison T. Slaughter, Jr., Esquire 110 North Magnolia Drive Suite 610, Eola Office Center Suite 224 605 Robinson Avenue Tallahassee, Florida 32301 Orlando, Florida 32801 ================================================================= AGENCY FINAL ORDER =================================================================
Findings Of Fact The Respondent, Thomas B. Ferris, holds Florida teaching certificate number 286085 issued by the Florida Department of Education covering the area of physical education and junior college. The Respondent has held a valid teaching certificate since 1971. The Respondent began teaching in 1971 in the field of physical education at Hollywood Park Elementary School in Hollywood, Florida. He later taught at Sterling Elementary School in Fort Lauderdale, Florida, for one year, and for five years at Stephen Foster Elementary School in Fort Lauderdale. The Respondent's latest employment was as a physical education teacher at Spring Hill Elementary School in Hernando County for over 3 academic years. The Respondent's teaching performance and ability have never been less than satisfactory, and he received satisfactory teaching evaluations during his last employment at Spring Hill Elementary School. The principal of Spring Hill Elementary School had the opportunity to observe the Respondent for approximately one and one-half years, and during this time completed two performance evaluations of the Respondent. He is an enthusiastic teacher who works effectively with children. The Respondent also served as teacher-in- charge in the absence of the principal. The Respondent and the subject minor male student first met during the 1979-1980 school year while the Respondent was teaching physical education at West Hernando Elementary School, now named Spring Hill Elementary School. This minor was a student in the Respondent's physical education class, and also became a physical education helper in this fifth grade class. The Respondent and the minor became good friends. During the ensuing four years they participated in various recreational activities together. The minor and the Respondent frequently went jogging, bike riding, motorcycling, canoeing, lifted weights, and played basketball. In the summer of 1983, they engaged in a lawn mowing business and purchased a motorcycle together. The minor babysat for the Respondent and his wife frequently during his seventh, eighth, and ninth grade years, and in 1983 he babysat for them approximately three or four times a month until August. Between 1982 and 1983, the minor's relationship with the Respondent and his family intensified. The minor began to call the Respondent's home, and visit with the Respondent and his family so frequently that the Respondent started to avoid these telephone calls. The minor was visiting at the Respondent's home, or they would see each other, nearly every day. During the summer of 1983 the Respondent and the minor terminated their lawn mowing business. At about the same time the Respondent and his wife began to indicate to the minor that he was spending too much time with the Respondent and his family, and they suggested that he spend more time with his own mother and father. The minor's involvement with the Respondent's household began to decrease at this point, which was around the end of August, 1983. On the evening in late August, before school started in 1983, which is the occasion of the first allegation of sexual misconduct against the Respondent, the minor was babysitting for the Respondent and his wife at their home. They returned at approximately 11:30 P.M., and found the minor asleep on the couch in the living room. This was not unusual, as the Respondent and his wife would often find the minor asleep on the couch while babysitting, if they returned home at a late hour. After a brief conversation, the minor retired upstairs to the bedroom of Douglas, the son of the Respondent. After using the bathroom, the Respondent retired to the parents' bedroom on the first floor; his wife followed shortly thereafter. The Respondent did not leave his bedroom during the night. Neither did he proceed upstairs during the night, awaken the minor, and bring him downstairs. Several undisputed facts lead to this finding. The Respondent's wife is a very light sleeper. When the Respondent arises during the night, she is aware of it. She is often awakened by sounds in the house, especially from her children upstairs. The Respondent is a heavy sleeper who normally does not arise during the night. Moreover, the Respondent's bedroom is adjacent to the living room, where the alleged misconduct occurred. While in this bedroom, noise and voices from the adjacent living room are easily heard. The room of the Respondent's son, Douglas, is directly over the Respondent's bedroom. While in the Respondent's bedroom, noise and sound from the son's bedroom, including footsteps, can be heard. From the Respondent's bedroom, the sound of anyone using the adjacent staircase can be heard. Yet the Respondent's wife heard no sound or voices during the night, either from her son's bedroom upstairs, or from the staircase. Neither did she hear voices or sound from the adjacent living room during the night. On a Thursday night, October 6, 1983, the minor and the Respondent attended a concert in Lakeland, Florida. The minor had the permission of his parents to attend this concert. On the way home after the concert, they stopped at Bennigan's on Dale Mabry in Tampa, and ate dinner. They had agreed previously that the minor would pay for the concert tickets and the Respondent would pay for the dinner. Bennigan's was the only stop made by the Respondent and the minor while enroute from the concert to the Respondent's home. The Respondent and the minor arrived at the Respondent's house after the concert at approximately 12:30 A.M. Earlier on this evening, the Respondent's wife attended a painting class in Inverness, which had been meeting once a week on Thursday nights. She was in the kitchen at home working on a class craft project which she had not finished, when the Respondent and the minor arrived. The three of them engaged in a general conversation for approximately a half hour while sitting at the kitchen table. The minor then retired to the upstairs bedroom of Douglas, while the Respondent and his wife remained downstairs. The Respondent spent no time alone in the living room with the minor. The Respondent then retired to his bedroom, and his wife followed shortly thereafter. The Respondent did not arise during the night and leave the bedroom. His wife heard no voices or noise during this night either from the stairs above the bedroom, or from the adjacent living room. The Respondent bad no sexual contact with the minor during either August or October, 1983, or at any other time. These are the relevant facts pertaining to the charges of sexual misconduct which are found from the evidence presented. The minor student testified that one evening near the end of August, but before school started in August of 1983, he babysat for the Respondent. The Respondent's two children went to bed around 9:00 P.M., and because the Respondent and his wife were out late, the minor went to bed in the upstairs bedroom of the Respondent's son. Sometime after the Respondent and his wife returned home, the Respondent awakened the minor and brought him downstairs. The Respondent's two children were upstairs asleep, and his wife had retired for the evening. Once downstairs, the Respondent began massaging the minor's back, then his stomach, and then masturbated him. The minor testified that while doing so, the Respondent told him that he loved him more than just as a friend. The minor testified further, that on October 6, 1983, he and the Respondent attended a concert in the Lakeland Civic Center. He and the Respondent drove to Lakeland alone in the Respondent's automobile. The concert began around 7:00 or 8:00 P.M. and ended approximately 10:00 or 10:30 P.M. After the concert, they drove to a Bennigan's Restaurant in Tampa. Because he is a minor and it was after 9:00 P.M., he was refused admission. The Respondent and the minor left Bennigan's and drove back to Brooksville. On the way, the Respondent stopped at a convenience store and purchased two beers, one for the minor and one for himself. This convenience store is located approximately 20 to 30 miles outside Brooksville, but was not further identified clearly. Because of the lateness of the hour, it had been pre-arranged that the minor would spend the night at the Respondent's house. During this night, in the Respondent's living room, he again began massaging the minor, and masturbated him, and this time also performed oral sex upon the minor. In order to make the findings of fact set forth in paragraphs 1 - 13 above, it is not essential that this testimony of the minor be rejected as false. There simply is not sufficient evidence in this record to corroborate the minor's testimony. There is no evidence of any previous sexual misconduct on the part of the Respondent in the twelve years he has been teaching physical education. There is no evidence of any sexual misconduct with the subject minor throughout their years of close relationship, except the two incidents described, even though better opportunities for such misconduct existed frequently. Even on the night of the concert in Lakeland, there were opportunities to abuse the minor in a parking lot or along the road during the trip, instead of in the Respondent's house only a wall away from the eyes and ears of his lightly sleeping wife. The guidance counselor at Spring Hill Elementary School who receives complaints of sexual molestation received none concerning the Respondent. Neither the principal of Spring Hill Elementary School nor the assistant superintendent of the Hernando County School Board received any such complaints concerning the Respondent. The evidence discloses that the Respondent has a reputation for being a law abiding citizen in both his local community and his teaching community. In summary, the evidence, apart from the allegations in this case, is that the Respondent has never made any sexual contact with any minor. Based upon the allegations of sexual misconduct made against him, the Respondent was arrested on December 22, 1983, and charged by information with the offense of sexual battery. On the advice of his attorney, the Respondent entered a plea of no contest, and on April 18, 1983, the Circuit Court entered its order withholding adjudication, placing the Respondent on probation for three years, and assessing court costs of $515.00 against him. Following the Respondent's arrest, various newspaper articles were published reporting the allegations, his prosecution, and his suspension from the teaching position he held. As a result, the local teaching community as well as the student body became aware of the Respondent's situation. Nevertheless, the principal of Spring Hill Elementary School and the assistant superintendent of the Hernando County School Board testified that if the charges against the Respondent were proven to be true, then his effectiveness as a teacher would be seriously impaired, and the principal would not want the Respondent to return to school as a teacher if the allegations were proven to be true. Based upon the failure of the weight of the evidence to support a factual finding that these allegations are true, this testimony is not relevant. Moreover, there is no evidence in this record to support a finding that the Respondent would not be effective as a physical education teacher under the factual situation that is found above, based on the weight of the credible evidence.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Administrative Complaint filed by the Education Practices Committee against the Respondent, Thomas B. Ferris, be dismissed. And it is further RECOMMENDED that the charges against the Respondent, Thomas B. Ferris, brought by the Hernando County School Board, be dismissed. And it is further RECOMMENDED that the Respondent, Thomas B. Ferris, be reinstated by the Hernando County School Board with full back pay from the date of his suspension. THIS RECOMMENDED ORDER entered this 30th day of January, 1985, in Tallahassee, Florida. WILLIAM B. THOMAS 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 30th day of January, 1985. COPIES FURNISHED: J. David Bolder, Esquire P. O. Box 1694 Tallahassee, Florida 32302 Joseph E. Johnston, Jr., Esquire 29 South Brooksville Avenue Brooksville, Florida 33512 Perry Gall Gruman, Esquire 202 Cardy Street Tampa, Florida 33606
Findings Of Fact Respondent was reassigned to Douglas MacArthur Senior High School- North, an alternative school, on December 16, 1982, because of his unacceptable conduct in Grade 9 at North Miami Junior High School. Petitioner presented evidence of 16 incidents of conduct by Respondent which required disciplinary action in the year preceding his reassignment to the alternative education program. Additionally, his grades in all courses were unsatisfactory at the time of reassignment. Respondent did not accept the alternative school assignment and instead obtained employment at a restaurant. He is now living with his grandmother, Mrs. Helen Wood, who seeks his return to a regular junior high school program. She has discussed this proposal with the principal of Thomas Jefferson Junior High School and he apparently agrees with her. Respondent's evidence established that his family life was difficult and disruptive during the period of his misconduct. His situation has now stabilized and he is responsive to his grandmother's supervision. He should, therefore, be given an opportunity to return to the regular academic program (Grade 9) at Thomas Jefferson Junior High School.
Recommendation In consideration of the foregoing, it is RECOMMENDED that Petitioner enter a Final Order classifying Respondent as a disruptive student, but permitting him to attend the Thomas Jefferson Junior High School in a probationary status. ENTERED this 6th day of May, 1983, at Tallahassee Florida. R. T. CARPENTER, 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 6th day of May, 1983. COPIES FURNISHED: Mark Valentine, Esquire 3000 Executive Plaza 3050 Biscayne Boulevard Miami, Florida 33137 Mrs. Helen Ward 1000 Northwest 153rd Street Miami, Florida 33169 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132 Phyllis O. Douglas, Esquire Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found: The petitioner Marion L. Hurst, a black male, has been employed with the Martin County school system since 1969. He presently holds an M.S. degree in Educational Administration and a Rank II certification in administration. Petitioner lacks two hours of graduate courses to add the subject of supervision to his certification. For the past nine years, in addition to teaching social studies classes, petitioner has held the position of team leader at Stuart Middle School, being responsible for the seventh grade reading, language arts and social studies programs. This involves approximately 350 students, six teachers and one or more teacher aides. The duties of a team leader include the scheduling and "levelling" of students, scheduling special assignments to teachers within the team, coordinating information and activities from the administration to the teachers, and weekly meetings with the school administrators. The petitioner adduced evidence that his teacher evaluations during his tenure at Stuart Middle School had been good to excellent overall. In contrast, the respondent presented evidence from several of his coworkers that petitioner occasionally has communication problems with the members of his team, receives complaints from the parents of his students regarding excess paperwork by the students as opposed to teaching by petitioner, and grammatical and spelling errors on petitioner's blackboard. While it is the team leader's responsibility to schedule students, petitioner has for the past several years utilized the reading teacher, Ms. Askeland, to perform that task. The petitioner has applied for many administrative positions in the school system. In April of 1977, petitioner, along with several other persons, applied for the position of assistant principal of Martin County High School -- the only high school in the county. The job description for that position required a Rank II certification with coverage in administration, supervision or curriculum. Petitioner did hold a Rank II certification in administration at the time of his application for the position. Another applicant, Wanda Yarboro, did not hold a Rank II certification with coverage in the required fields in April, 1977. Respondent Navitsky, Superintendent of the Martin County school system, recommended to the School Board that Ms. Yarboro receive the appointment as assistant principal of Martin County High School. Either because of a lack of funding due to the reorganization of the administration at Martin County High, or because Ms. Yarboro did not hold the certification required in the job description, the School Board originally failed to approve her appointment. During the summer months of 1977, a change was being effected in the School Board policy. The change allowed instructional administrators to acquire within twelve months of assignment a certificate covering the areas in which they are placed. Ms. Yarboro's appointment as assistant principal was approved by the School Board in August of 1977, and she received her certification in administration and supervision on September 28, 1977. Conflicting evidence was adduced at the hearing on the issue of whether Dr. Clifford Rollins, a person holding a higher ranked certificate and greater administrative experience than either Ms. Yarboro or petitioner, was also a candidate for the assistant principalship of Martin County High School in April of 1977. While his name appears on several lists of candidates for this position, the greater weight of the evidence leads to the finding that Dr. Rollins was not a candidate for that position. Superintendent Navitsky, though aware of Dr. Rollins desire to return to Martin County, did not consider him a candidate. Dr. Rollins testified that he was not a candidate for the position of assistant principal of the high school. While he did express an interest in returning to the community, he did not apply for this position because he was a former principal of that school and also because he was aware that other teachers and the department chairmen wanted Ms. Yarboro, who had been at the school for some time, to be promoted to the assistant principalship. Dr. Rollins had instructed the school personnel office to keep his application file active and this fact was offered in explanation of why his name appears on the list of candidates for the position. Ms. Yarboro had formerly occupied the position of department head of social studies at Martin County High School, which position became vacant upon her promotion to assistant principal. Although the school principal had recommended that Ann Crook be promoted to department head, Superintendent Navitsky called petitioner Hurst and offered him the position. This position involved responsibility for 33 teachers. Dr. David Anderson, a member of the Martin County School Board, received numerous telephone calls from other teachers at the high school in opposition to petitioner's appointment as department head of social studies. Dr. Anderson became concerned that petitioner was being "set up" in a hostile environment which would eventually lead to poor evaluations of petitioner and dismissal from his administrative position. Anderson believed that such an appointment may not be a good way for petitioner to begin his administrative career. Thereupon, Dr. Anderson arranged a meeting with Superintendent Navitsky, petitioner, himself and several other administrators. Dr. Anderson expressed his concerns at this meeting. Mr. Navitsky offered petitioner his support if he accepted the position. After discussing the matter, petitioner decided to withdraw his name as a candidate for the department head position. Superintendent Navitsky assured petitioner that declining the position would not adversely affect his candidacy for other positions. Petitioner believed that Navitsky was making him a promise that he would be appointed to the next administrative position. Gilbert Miller, the deputy superintendent for noninstructional services, was present at the meeting and recalled that Navitsky made no promise that petitioner would receive a specific appointment at a specific time in the future, but only an indefinite promise of a future administrative position. The next administrative position applied for by petitioner occurred in July of 1978. The former principal of Indiantown Middle School, located some twenty miles west of Stuart, resigned on short notice. Seven or eight persons applied for the position. Superintendent Navitsky interviewed all the candidates, including petitioner and Dr. Clifford Rollins. As noted above, Dr. Rollins had previously been the principal at Martin County High School. He had also been a principal at another Indiantown school and had most recently been a director of teacher education and the acting chairman of the department of education at a college in West Virginia. Dr. Rollins was recommended to the School Board by Superintendent Navitsky to fill the Indiantown Middle School principalship because of his past administrative experience and his previous service with and knowledge of the school district and the Indiantown area. The School Board approved the recommendation of Dr. Rollins. All witnesses, including petitioner Hurst, agreed that Dr. Rollins had better credentials than petitioner for this position. In August of 1978, the administrative position of curriculum coordinator at Murray Middle School became available. Seven or eight persons applied for the position, including the petitioner. The duties of a curriculum coordinator at a middle school include working with teachers to help develop curriculum and choose teaching material, evaluating testing and teaching techniques, assisting and scheduling students, evaluating teachers and a general knowledge of curriculum content at all levels. The principal at Murray Middle School, Edward Sheridan, personally interviewed all candidates for the position and developed a factoring or rating sheet for each candidate. He also discussed the candidates with his assistant principal, Quilley McHardy. The candidate receiving the highest rating was Joan Gallagher and Mr. Sheridan therefore recommended her for the position. Assistant Principal McHardy, a black, concurred in the recommendation. Superintendent Navitsky recommended her to the School Board because of Mr. Sheridan's recommendation and Ms. Gallagher was appointed as the curriculum coordinator at Murray Middle School. Joan Gallagher has been in the field of education for seventeen years. Until 1974, she taught at the elementary school level. Since 1974, she had been a sixth grade teacher at Murray Middle School and was the sixth grade team leader for a few months immediately prior to her appointment as curriculum coordinator. Two witnesses who were employed at Stuart Middle School had worked with both Ms. Gallagher and petitioner Hurst. The curriculum coordinator at Stuart testified that Ms. Gallagher was superior to petitioner Hurst in scheduling techniques. Ms. Askeland, the seventh grade reading and language arts teacher at Stuart who helped petitioner with scheduling at Stuart, testified that Ms. Gallagher had a better knowledge and understanding of curriculum concepts than petitioner. In the summer or fall of 1978, several members of the Young Men's Progressive Association, a civic organization of black businessmen and professionals, met with Superintendent Navitsky regarding the lack of black teachers in high school academics and in administration. According to two witnesses who attended the meeting, Mr. Navitsky acknowledged this problem, was sympathetic to their concerns, and agreed to do what he could to remedy this situation. While these witnesses felt there had been systematic discrimination in the school system, it was acknowledged that progress had been made in the promotion and recruitment of black teachers in Martin County due to the positive efforts of Superintendent Navitsky. Joint Exhibits 1A through 1D illustrate that during the period between 1974 and 1979, black persons received the appointment to an administrative position in those instances where they were candidates sixty percent of the time. In those instances where the only candidate was black, he or she received the appointment. Also, the percentage of black administrators to the total population of administrators in the Martin County school system increased from 13.6 percent in the 1974-75 school year to 19.2 percent in the 1979-80 school year. As of the date of the hearing in this cause, one-half of the ten available administrative positions in the 1979-80 school year were filled or offered to black candidates. In two of the instances where whites were appointed, there were no black candidates for the position.
Recommendation Based upon the findings of fact and conclusions of law recited herein, it is recommended that the Commission on Human Relations enter a final order finding that the respondents did not engage in unlawful employment practices in appointing Dr. Rollins to the position of principal of Indiantown Middle School or in appointing Ms. Gallagher to the position of curriculum coordinator of Murray Middle School; dismissing petitioner's petition for relief in this cause; and denying petitioner's motion for attorney's fees. Respectfully submitted and entered this 25th day of June, 1980, in Tallahassee, Florida. DIANE D. TREMOR, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Paul A. Gamba, Esquire Post Office Drawer 1016 1451 East Ocean Boulevard Stuart, Florida 33494 Douglas K. Sands, Esquire 300 Colorado Avenue Post Office Box 287 Stuart, Florida 33494 Marva A. Davis, Assistant General Counsel Florida Commission on Human Relations 2562 Executive Center, Cricle E Tallahassee, Florida 32301 Norman A. Jackson, Executive Director Florida Commission on Human Relations 2562 Executive Center, Circle E Tallahassee, Florida 32301
Findings Of Fact Respondent was an employee of the School Board of Dade County, Florida, more particularly a Title One teacher at Miami Carol City Senior High School during the 1981-1982 school year. On May 6, 1982, John Cohn was a student in Respondent's fourth period class. Arnold Coats was a substitute teacher working with Respondent in Respondent's classroom on that day. After Respondent had given the students an assignment, Cohn requested and received permission to leave the classroom to go to the bathroom. While absent from the classroom, Cohn decided he wished to speak with Ronald Golemhieski, another teacher at Miami Carol City Senior High School. Cohn returned to Respondent's classroom to request permission. Coats came to the door and gave Cohn permission to go talk to Golembieski, but Cohn decided he should get permission from Respondent since Respondent was the teacher of the class. Cohn waited in the doorway of Respondent's classroom. When he finally got Respondent's attention, he beckoned with his finger, requesting Respondent to come to the doorway. Respondent went to the doorway, and Cohn requested Respondent's permission to go talk to Golembieski. Respondent grabbed Cohn, pulling him forcefully into the classroom. Commotion broke out in the classroom, and someone yelled for assistance. Golembieski heard the commotion, as did Victoria Bell, the hall monitor. When they arrived at Respondent's classroom, Respondent and Cohn were struggling with each other. They were face to face, and Respondent had his arm around Cohn's neck with his hand on Cohn's throat in a choking manner. Golembieski grabbed Cohn away from Respondent and, after separating them, took Cohn to his classroom to calm him down. Bell and Coats pushed the rest of the students back into their seats and restored order in Respondent's classroom. When the altercation ended, Cohn's shirt was torn and he had scratches on his chest. Just prior to Respondent's outburst, Cohn did nothing to provoke Respondent in any way and was not disrespectful to Respondent. When Cohn got Respondent's attention, Respondent both looked at Cohn and walked to the doorway in a normal manner, thereby giving no warning that he intended to touch Cohn in any way. Respondent interpreted Cohn's beckoning with his finger as an invitation to fight, although Respondent admits that Cohn said nothing to him indicating that he wished to fight.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finding Respondent guilty of the allegations contained in the Notice of Charges, approving Respondent's suspension and dismissing him as an employee of the School Board of Dade County, and denying any claim for back pay. DONE and RECOMMENDED this 31st day of August, 1983, in Tallahassee, Leon County, Florida. LINDA M. RIGOT, 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 31st day of August, 1983. COPIES FURNISHED: Jesse J. McCrary, Jr., Esquire 3000 Executive Plaza, Suite 800 3050 Biscayne Boulevard Miami, Florida 33137 Ellen L. Leesfield, Esquire 2929 SW Third Avenue, Fifth Floor Miami, Florida 33129 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools 1410 NE Second Avenue Miami, Florida 33132
