Findings Of Fact At the times pertinent to this proceeding, Respondent was employed as a classroom teacher by the Petitioner, Dade County School Board (School Board), pursuant to a professional services contract. Respondent was first employed by the School Board in 1984, and she had successfully completed her annual contract or probationary teaching period. During the 1990 summer school session, Respondent was assigned to the Florida City Elementary School (FCE), one of the public schools within Dade County. On August 2, 1990, during the times pertinent to this proceeding, there were approximately 21 students in Respondent's classroom. At the times pertinent to this proceeding, Respondent was the foster mother of Jessica, a five year old girl. On August 2, 1990, Jessica was enrolled as a student at FCE and was assigned to the kindergarten class taught by Ms. Beverly Harrison. Ms. Harrison's classroom and Respondent's classroom were in the same building and in the same area of that building. Respondent's classroom contained a small bathroom. At the beginning of the school day of August 2, 1990, Jessica began to misbehave. Ms. Harrison wrote a note to Respondent which advised of Jessica's misbehavior. This note provided as follows: Jessica is behaving very badly. She has been shouting out in class since morning. I have spoken to her but she closes her eyes and sticks out her tongue at me. Please speak with her. My aide is not here. In response to that note, Respondent removed Jessica from Ms. Harrison's classroom, took Jessica into the bathroom of her (Respondent's) classroom, and proceeded to administer corporal punishment to Jessica. The corporal punishment was administered by Respondent with an electrical cord and constituted child abuse. The door to the bathroom where this abuse occurred was closed, but the children in Respondent's classroom could hear that Jessica was being beaten in the bathroom. Jessica returned to Ms. Harrison's class approximately 15 minutes after Respondent took her out of the class. Ms. Harrison was not aware that Jessica had been physically abused when Jessica returned to her class. Later in the day of August 2, 1990, Jessica began to act out again in Ms. Harrison's class. When Ms. Harrison told Jessica that she would contact Respondent if she did not behave, Jessica became frightened and started to behave. Unfortunately for Jessica, Respondent had heard Jessica talking in a loud voice. In a repeat of the first incident, Respondent removed Jessica from Ms. Harrison's classroom for the second time, took Jessica into the bathroom of her (Respondent's) classroom, and proceeded to administer corporal punishment to Jessica. The corporal punishment was again administered by Respondent with an electrical cord and again constituted child abuse. The door to the bathroom where this abuse occurred was closed, but the children in Respondent's classroom could hear that Jessica was being beaten in the bathroom. Jessica did not return to Ms. Harrison's classroom on August 2, 1990, after this second incident, but Ms. Harrison did see Jessica as Jessica was leaving school on that day. It was apparent to Ms. Harrison and to others who saw Jessica, including other teachers, teacher aides, and students that Jessica had been physically abused. The School Board has adopted as part of its policies Rule 6Gx13-5D- 1.07, Florida Administrative Code, entitled "CORPORAL PUNISHMENT - PROHIBITED". This rule provides, in part, as follows: The administration of corporal punishment in the Dade County Public Schools is strictly prohibited. ... The incidents of abuse were reported to the Department of Health and Rehabilitative Services (DHRS). Following its investigation, DHRS compiled an abuse report which it closed as confirmed, with Respondent being identified as the perpetrator and with Jessica being identified as the victim. Because of the events of August 2, 1990, Respondent was transferred by the School Board to Homestead Senior High School pending review of her case by School Board Administrators. While at that work location, a police officer came on the school site, arrested Respondent on charges of child abuse. Respondent was handcuffed and removed from the school in a marked police vehicle. Respondent was incarcerated for a period of seven days and later entered a plea of nolo contendere to two counts of aggravated child abuse. The Circuit Court in and for Dade County, Florida, accepted Respondent's plea of nolo contendere, withheld adjudication of guilt, and sentenced her to two years of probation. The South Dade Newsletter, a newspaper circulated in the Florida City area, published an article that described the incident and which identified both the school and Respondent by name. Respondent's acts of excessive corporal punishment within the hearing of her 21 students created a condition harmful to learning, health or safety in the school. Respondent's acts constituted a violation of the School Board's corporal punishment policy and of its rules on employee conduct. Respondent's effectiveness as a teacher in the school system has been impaired.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered which upholds the suspension of Respondent's employment without pay and which terminates her professional services contract on the grounds that she engaged in misconduct in office. DONE AND ORDERED in Tallahassee, Leon County, Florida, this 29th day of April, 1991. CLAUDE B. ARRINGTON 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 29th day of April, 1991. APPENDIX TO RECOMMENDED ORDER The following rulings are made on the proposed findings of fact submitted on behalf of the Petitioner. The proposed findings of fact in paragraphs 1, 3, 6, 8 and 10 are adopted in material part by the Recommended Order. The proposed findings of fact in paragraphs 2 and 4 are adopted in part by the Recommended Order and are rejected in part as being subordinate to the findings made. The proposed findings of fact in paragraphs 5, 9, and 11-12 are rejected as being subordinate to the findings made. The proposed findings of fact in paragraph 7 are adopted in part by the Recommended Order, are rejected in part as being subordinate to the findings made, and are rejected in part as being unnecessary to the conclusions reached. All proposed findings of fact submitted on behalf of the Respondent are adopted in material part by the Recommended Order. COPIES FURNISHED: James C. Bovell, Esquire 75 Valencia Avenue Coral Gables, Florida 33134 William Du Fresne, Esquire 2929 SW Third Avenue Suite 1 Miami, Florida 33129 Octavio J. Viciedo Superintendent Dade County School Board 1450 N.E. 2nd Avenue Miami, Florida 33132 Madelyn P. Schere Assistant Board Attorney Dade County School Board 1450 N.E. 2nd Avenue Miami, Florida 33132
The Issue Whether the Respondent's teaching certificate should be disciplined in accordance with Sections 231.262(6) and 231.28(1), Florida Statutes, for alleged acts of misconduct as set forth in the Amended Administrative Complaint, dated May 19, 1993, in violation of Sections 231.28(1), Florida Statutes, and the Florida Code of Ethics of the Education Profession, Rule 6B-1.006, Florida Administrative Code.
Findings Of Fact The Respondent holds Florida Teaching Certificate No. 454394, covering the areas of Elementary Education, Junior High School Science, and Administration and Supervision, which is valid through June 30, 1994. At all times pertinent to the allegations in this case, Respondent was employed as a teacher at Lake Mary Elementary School in the Seminole County School District. On or about March 14, 1988, Respondent was arrested in Volusia County, Florida, and charged with Sexual Activity with a Child by a Person in Familial or Custodial Authority and Committing a Lewd and Lascivious Act in the Presence of a Child. A Felony Arrest Warrant for Respondent was issued by the Circuit Court of Volusia County, dated March 11, 1988. An Information was thereupon filed against Respondent in the case of State of Florida v. Larry O. Williams, Case No. 88-17776, and it charged Respondent with two (2) offenses: Count I: Sexual Activity with a Child by a Person in Familial or Custodial Authority, and Count II: Committing a Lewd and Lascivious Act in the Presence of a Child. The state issued a Nolle Prosequi to the charge of Sexual Activity with a Child. Respondent entered a plea of Nolo Contendere to the lesser included charge in Count II of Attempted Lewd or Lascivious Act in the Presence of a Child, a third degree felony. On or about April 16, 1990, Respondent was adjudicated guilty of Attempted Lewd or Lascivious Act in the Presence of a Child by the circuit court. He was sentenced to serve three (3) years probation, pay $41.00 per month for the cost of supervision, pay $225.00 in court costs and fines, and successfully complete sexual offender counseling. He was also ordered to have no further contact with the victim or any other individuals involved in the case. Detective Diana Floyd, with the Edgewater Police Department, was one of the detectives who assisted in the investigation of Respondent. The victim of the criminal activity by Respondent was Kristina Adkins. Detective Diana Floyd interviewed Kristina Adkins as part of her investigation on March 9, 1988. or about March 15, 1988, the Respondent was suspended with pay by the Seminole County Superintendent of Schools, Robert W. Hughes. On or about March 24, 1988, the Respondent was suspended without pay by the School Board of Seminole County. Respondent was on an annual contract, and his contract called for a renewal each year. The School Board, on or about March 24, 1988, decided not to renew his contract for the following school year. During the 1987-1988 school year, Naomi Whitker was a fifth grade student at Lake Mary Elementary School, and was frequently in Respondent's classroom because her best friend, Cristie Braddy, was a student in Respondent's class. At that time, Naomi Whitker was ten years of age. Naomi Whitker and Cristie Braddy would regularly assist in Respondent's classroom, generally after school. On a regular basis, Respondent would touch Naomi Whitker's buttocks and hug her while she was in his classroom. This occurred during the 1987-1988 school year at Lake Mary Elementary School. The student would put her arms around Respondent's waist, and he would put his hands around her back and then move them slowly down until he touched her buttocks. Naomi Whitker did not think that it was right for a teacher to touch her in that way, and she felt uncomfortable and confused. A similar incident occurred when Respondent hugged Naomi and grabbed her buttocks as he was dropping the two girls off after taking them to dance class. On one occasion in late February or early March, 1988, Naomi was hanging up something on Respondent's classroom wall, and was standing on a chair. Respondent came over, reached under her clothing, and put his hands on her stomach while he was holding her. As a result of this touching of Naomi's stomach, she turned and ran out of the class. She felt afraid, angry, and embarrassed. She did not tell him to stop, but was so afraid that she ran out of the room. On another occasion, Respondent invited Naomi Whitker, Cristie Braddy, and another girl out during the 1987-1988 school year to Monday night skate night, and to Show Biz Pizza thereafter. Respondent paid for the entire evening. As they were driving Respondent asked Cristie if she had any underwear on. Respondent also told Cristie that he was not wearing any underwear either. Cristie Braddy, a student in Respondent's fifth grade class at Lake Mary Elementary School in the 1987-1988 school year, and best friend of Naomi Whitker at that time, was touched by Respondent. He would rub Cristie's back and stomach and then go down to her buttocks. He would also rub her shoulders. Respondent also touched Cristie Braddy outside of the classroom, specifically at Show Biz Pizza, where he touched her back and shoulders. Also on a school sponsored camping trip he rubbed Cristie Braddy and touched her on the outside of her clothes, when he touched her back and shoulders, but on the inside when he touched her stomach. The touching of Cristie Braddy by Respondent occurred during the entire 1987-1988 school year, and was not an isolated incident. It occurred on a daily basis. On separate occasions, Respondent asked Naomi Whitker and Cristie Braddy to come over to his apartment, and help clean it. However, they declined. On another occasion, Respondent gave Naomi Whitker and Cristie Braddy a silver ring which said "love" on it. In handing the ring to Naomi and Cristie, Respondent said that he wanted them to have it because "I love you". Also during the 1987-1988 school year at Lake Mary Elementary School, Respondent invited Naomi Whitker and Cristie Braddy to the beach or to the mall with him, but they did not go with him. Respondent made inappropriate comments to students in his classroom. For example, he would talk about how he and his wife got divorced because she would not have sex with him. He would also look at Naomi, and say that she needed to shave her legs, or that she was in a bad mood because she was beginning her period. He would also ask about whether the girls were kissing boys. On another occasion in Respondent's fifth grade classroom at Lake Mary Elementary School, Cristie Braddy was sitting in the teacher's chair. Respondent came up from behind her and sat on the chair directly behind her with his legs spread around her. Cristie Braddy quickly jumped out of the chair and went to a different part of the room. Monica Graham, a student in Respondent's fifth grade elementary class at Lake Mary Elementary School in the 1987-1988 school year, was also touched by Respondent. Respondent touched Monica Graham inappropriately on the shoulders and buttocks on the outside of her clothing, and on one occasion, he pinched her buttocks. Monica Graham, as a result of the touching by Respondent, felt weird and embarrassed because he did it to her in front of the other students. She was also angry and hurt by Respondent touching her. On the same camping trip that Christie Braddy and Monica Graham attended, Respondent, who was a chaperon, told the girls on the camping trip that if they got scared at night, they could come sleep in his tent. Respondent invited Monica Graham to go swimming at his house, and one night asked if she wanted to come over and eat dinner with him. Monica Graham did not go because she told her parents, and they said it was inappropriate. Respondent gave Monica Graham his home phone number. He told Monica it was for help in homework, but when she called, he did not talk about homework. Tiffany Gormly, a fifth grade student in Respondent's fifth grade elementary school class at Lake Mary Elementary School during the 1987-1988 school year, was touched by Respondent. Respondent rubbed her shoulders, and tried to hold her hand. When Respondent tried to hold Tiffany Gormly's hand, she kicked him. As a result of Respondent's touching Tiffany Gormly, she felt uncomfortable and embarrassed. There were other students in front of her when Respondent rubbed her shoulders. She was angry, and told Respondent to stop. Respondent also invited Tiffany Gormly to come to his apartment and go swimming. It bothered her, and she did not go. On occasion, Respondent would look under the long table where students sat, as they watched movies in his classroom, and would try to look up the dresses of the girls.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be issued finding that Larry O. Williams is not guilty of violating the provisions of Sections 231.28(1)(c), Florida Statutes; but is guilty of violating Section 231.28(1)(e), Florida Statutes, for having been convicted of a felony; and is guilty of violating Sections 231.28(1)(f) and (h), Florida Statutes, and Rule 6B-1.006(3)(a), (e) and (h), Florida Administrative Code, due to his inappropriate touching and conduct with four of his students. It is further RECOMMENDED that a Final Order be issued revoking Respondent's teaching certificate for the above violations. DONE AND ENTERED this 24th day of November, 1993, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 24th day of November, 1993. APPENDIX TO RECOMMENDED ORDER, CASE NO. 93-2215 The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on findings of fact submitted by the parties. Petitioner's proposed findings of fact. Accepted in substance: paragraphs 1, 2, 3, 4, 5, 6, 7 (in part), 8 (in part), 9, 42, 44, 46, 47, 48, 49, 50, 51, 52, 53, 54, 56, 57, 58, 59, 60, 61, 62, 64, 65, 66, 68, 69, 72, 74, 75, 76, 86, 87, 88, 89, 90, 91, 92, 93, 96, 98, 99, 102, 103, 104, 105, 107, 111, 114, 116, 117. Rejected as hearsay: paragraphs 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 43. Rejected as irrelevant or subsumed: paragraphs 7(in part), 8 (in part), 20, 38, 39, 40, 41, 45, 55, 63, 67, 70, 71, 77, 78, 79, 90, 81, 82, 83, 84, 85, 94, 95, 97, 100, 101, 106, 108, 109, 110, 112, 113, 115. Respondent did not submit proposed findings of fact. COPIES FURNISHED: Robert J. Boyd, Esquire BOND & BOYD, P.A. 411 East College Avenue Post Office Box 26 Tallahassee, Florida 32302 Larry O. Williams 403 North Monroe Street Versailles, Missouri 65084 Sydney H. McKenzie General Counsel The Capitol, PL-08 Tallahassee, Florida 32399-0400 Karen Barr Wilde Executive Director 301 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Jerry Moore, Administrator Professional Practices Services 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400
