The Issue Whether Petitioner's application for a Florida Educator's Certificate should be granted.
Findings Of Fact In 1986, Petitioner, Scott William Katz (Katz), applied for a Florida Educator's Certificate, and his application was denied by Final Order issued on September 3, 1987. His application was denied for the following reasons. In 1984, Katz received a private reprimand from the Florida Supreme Court for threatening criminal prosecution to gain advantage in a civil matter. In 1986, Katz was disbarred from the practice of law in Florida for representing one party in a divorce proceeding after having previously represented the opposing party; misrepresenting a material fact in a sworn pleading he filed in Federal District Court; and coercing a former client into paying him for a claim that had no legal basis. In July and August 1986, Katz engaged in the practice of law or held himself out as an attorney after being disbarred from the practice of law in Florida. As a result of his being disbarred in Florida, Katz was disbarred from the practice of law in Oklahoma. In 1990, Katz again applied for a Florida Educator's Certificate. Katz's application was denied by Final Order dated December 6, 1991, based on his failure to establish rehabilitation and good moral character. The Final Order adopted the Recommendation of the Recommended Order, which stated: On the basis of all the foregoing, it is RECOMMENDED that a final order be issued in this case denying the Petitioner's application for a Florida teaching certificate because of the failure of the Petitioner to establish his rehabilitation and present good moral character, such denial to be without prejudice to the refiling of a future application at such time as the Petitioner believes he can prove his rehabilitation and good moral character. On June 27, 1991, Katz pled nolo contendere to a charge of trespassing after warning in Palm Beach County Court, Case number 91-6009MM-A02. Adjudication was withheld, and Katz was placed on probation for six months. Probation was revoked. On December 20, 1991, Katz was convicted in Palm Beach County Court of trespassing after warning in Case number 91-6009MM-A02 and violation of a restraining order in Case number 91-8001MM- A02. On February 21, 1992, Katz was adjudicated guilty of petit theft in Palm Beach County Court Case number 91-10102, after having pled nolo contendere to the charge. Katz applied for readmission to the Oklahoma Bar Association four times. Two of his petitions were untimely filed. The third and fourth petitions were denied on the merits. In Matter of Reinstatement of Katz, 907 F.2d 1029 (Okl. 1995), the Supreme Court of Oklahoma denied his latest application and stated that Katz: . . . had also attempted to mislead this Court by indicating in his brief that twelve letters from various high ranking officials vouch for his good moral character. In fact, only two of the letters contain recommendations of any kind. The other letters make no comments whatsoever as to his character. Id. at 1032. Katz is well educated and has obtained numerous degrees. At various times from 1981 until August 1998, Katz worked as substitute teacher for the Palm Beach County School District. From August 1998 to December 1998, Katz was employed as an interim teacher, a temporary teaching position, at Olympics High School. In December 1998, Katz was barred from employment with the Palm Beach County school system. In the late afternoon of December 1, 1998, Katz was at home with his wife, Violet, and his stepchildren, Issac, Stephanie, and Enrique Sasson. Issac was seven years old. Katz became upset with Issac because he failed to flush the toilet. Katz grabbed Issac, hit him, and took him outside, saying that he was going to take Issac to Issac's grandmother's house to live. Katz hit the child when they were outside with an open hand and a closed fist and tried to force Issac into the car. Issac banged his leg on the car door as Katz was attempting to push Issac into the back seat. A few minutes later, Katz and the child went back inside their home. Issac had a loose baby tooth prior to the incident with Katz. According to Issac and Enrique, Issac pulled the tooth while they were at the dinner table after Katz brought Issac back into the house. After the incident, Katz left home and went to work at his evening job. After Katz left, Amy Sinnott, an officer for the West Palm Beach Police Department, was called to the Katz home to investigate allegations of child abuse. Officer Sinnott arrived at the Katz home a few minutes before 9:00 p.m., and found Violet Katz, Issac Sasson, Stephanie Sasson, and Violet Katz's parents. Officer Sinnott interviewed Violet Katz, who appeared upset but was rational and coherent. Out of the presence of the children in the house, Ms. Katz told the police officer that Issac had not flushed the toilet and Katz told her to punish the children. She decided to withhold television privileges for a week. Katz was unhappy with the punishment that she was going to administer to Issac. Katz grabbed Issac, threw him about the living room, hit him with an open hand, and dragged Issac outside, saying that he was going to take Issac to his grandparents' house to live. Officer Sinnott saw Issac, who was missing a front baby tooth and had bruises on his arm and inner thigh. There was some blood on Issac's shirt. Issac indicated that his thigh hurt. Photographs were taken at the scene showing the injuries. Officer Sinnott has had training in interviewing children who are alleged victims. She took Issac aside to question him so that neither his mother nor his grandparents were nearby. She did not allow anyone to tell or suggest to him how he should answer her questions. She did not tell Issac what his mother had told her during the mother's interview. Issac told Officer Sinnott that Katz was upset with him for not flushing the toilet, grabbed his arm and threw him around the apartment, where he banged into the couch and wall. He said that Katz took him outside and hit him as they was going outside. Once outside, Katz tried to push Issac into the car to go to Issac's grandparents' house, and Issac banged his leg against the car door. The areas of bruising on Issac's body were consistent with the areas in which Issac told her that he had been injured. Officer Sinnott also interviewed Issac's sister, Stephanie, in a manner similar to Issac's interview. Stephanie was questioned away from the others, and Officer Sinnott did not tell Stephanie what either Issac or his mother had said. Stephanie told Officer Sinnott that she was looking out her glass sliding window when Katz took Issac outside. She saw Katz hit Issac with an open hand and a closed fist and drag him to the car, where he tried to put Issac in the backseat. Issac was banging his legs against the car door. After the police left the Katz home, Issac's mother took him to the children's emergency room at St. Mary's Hospital. The triage nurse on duty took a medical history from Issac's mother. In a calm and straight forward manner, Mrs. Katz told the nurse that the injuries for which Issac was being seen resulted from Katz' hitting the child. The mother told the nurse that Issac had been hit on the side of the head, face, back of legs, hips, buttocks, and underarm. The triage nurse did not recall any bruising to Issac's mouth. She noted that Issac had bruising to the back of his legs After the triage nurse finished getting information from Issac's mother, Issac was examined by Dr. Jeffery Hoffman, who found contusions to Issac's body in several locations. There were bruises on the right arm, interior chest walls, inner thighs, and buttocks. The injuries were consistent with the history provided by the mother. The coloration of the bruises on the inner thigh indicated that the bruises resulted from injuries sustained no later than 48 to 72 hours earlier. The bruises on the arm came from injuries that occurred on the outside of 12 to 24 hours earlier. Dr. Hoffman did not observe any lacerations or cuts around the gum line where the lost baby tooth had been located. However, in his experience he had seen teeth knocked out from a variety of causes which do not cause trauma around the tooth area. On December 2, 1998, Issac went to the school nurse, complaining that his arm was hurting. When asked to show the nurse where he was hurting, Issac pointed to his right upper back. The nurse lifted Issac's shirt and noticed four dark areas on his upper back and also noticed a dark area at the right nipple. Issac told the nurse that his father had picked him up the night before and had thrown him on the bed. At the final hearing, Issac testified that he had gotten the injuries to his arm and inner thigh during recess on the same day that he went to the clinic to complain about his arm hurting. He stated that the injuries to his arm occurred when he was on the monkey bars and that the bruises to his inner thigh happened when he was playing football. At the final hearing, the undersigned Administrative Law Judge questioned Issac about his injuries. THE COURT: . . .Issac, on the day that the police came, has your - had your Daddy hit you that day? THE WITNESS: No. THE COURT: So, how did you get- you had-- When you went to the hospital, did have marks on your - on your body? THE WITNESS: Right here. THE COURT: And did you have any on your back? THE WITNESS: Lots. THE COURT: How did you get the marks there? THE WITNESS: With the - because I was on the monkey bars? THE COURT: What - looks like you're asking me a question. Do you know or not know? THE WITNESS: Not know. THE COURT: You don't know how you got the marks? THE WITNESS: I just think it's from the monkey bars. After Issac's testimony, Katz stated: . . . He said the monkey bars. That's news to me too, your honor. It is clear that Issac's injuries were not caused from playing on the monkey bars or from playing football. Katz' explanation for Issac's bruising was that Issac and his older brother Enrique had been wrestling a couple of days before December 1, 1998, and Issac got the bruises while he was in a wrestling hold called the Tequila Sunrise. Katz indicated that he had caught the two boys wrestling, chastised them, and told them not to do any more wrestling. However, Enrique testified that they were caught wrestling a couple of weeks before Issac was injured. He further testified that they had obeyed Katz and had not engaged in any wrestling after that. Thus, Issac's injuries were not caused from wrestling with his older brother. Katz was arrested and charged with aggravated child abuse. The case was later nolle prossed.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered permanently denying Scott William Katz' application for a Florida Educator's Certificate. DONE AND ENTERED this 23rd day of November, 1999, in Tallahassee, Leon County, Florida. SUSAN B. KIRKLAND Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 23rd day of November, 1999. COPIES FURNISHED: Scott William Katz 1877 North Congress Avenue, No. 10-D West Palm Beach, Florida 33401-1661 Bruce P. Taylor, Esquire Post Office Box 131 St. Petersburg, Florida 33731-0131 Kathleen Richards, Executive Director Education Practices Commission Florida Education Center 325 West Gaines Street, Room 224-E Tallahassee, Florida 32399-0400 Jerry W. Whitmore, Program Director Professional Practices Services Department of Education 325 West Gaines Street, Room 224-E Tallahassee, Florida 32399-0400 Michael H. Olenick, General Counsel Department of Education The Capitol, Suite 1701 Tallahassee, Florida 32399-0400
Findings Of Fact Respondent has been employed by Petitioner as a teacher's aide in a mentally handicapped classroom for the past three years. Prior to her employment, Respondent, who is the mother of a handicapped child, worked as a volunteer classroom aide. She is active in the Parent Teacher Association and is a girl scout leader. Respondent attended an orientation session at the beginning of the 1983-84 school year where school policies were discussed. However, she does not remember any explanation of corporal punishment policy and did not receive a copy of Petitioner's rules on this subject. Respondent has had no formal training in education and is not certificated. Respondent recalls a discussion at the beginning of the school year with the special education teacher who was her supervisor. The teacher advised Respondent not to hit Robert Pelligrino because his sister would likely take legal action. The teacher concedes that she made a special point of telling Respondent not to strike Robert Pelligrino, but claims to have forgotten everything else about the discussion including the reason for this unusual warning. On or about February 3, 1984, while engaged in her duties as a teacher's aide, Respondent slapped the student Robert Pelligrino in the face. She struck the child with sufficient force to leave a mark which was visible for a brief period following the incident. Although Petitioner presented no evidence to establish that Respondent struck Robert Pelligrino, she readily admitted doing so. However, Respondent claims she was merely trying to correct his finger-sucking habit. This alibi is rejected, in that events leading up to the incident provoked Respondent and caused her to believe that Robert needed to be disciplined while his unacceptable behavior was fresh in his mind. Robert, who is mentally handicapped, tripped a smaller, handicapped student who fell and was injured as a result of Robert's action. Respondent first went to the aid of the injured student and immediately thereafter slapped Robert. The two other incidents were attested to by Robert's sister, Mrs. Donna Ferrell, who was serving as a volunteer aide on February 1, 1984. Mrs. Ferrell and Respondent were both working with a group of handicapped children on the occasion of a class field trip. Mrs. Ferrell observed Respondent beating on the chest of one student in an effort to re-attach a "stick-on" name tag which the child had removed. Later, on the bus, Mrs. Ferrell observed Respondent reach out and strike or tap a student on the top of his head to gain his attention. This evidence did not establish that Respondent injured either student, that she used undue force, or that she was attempting to punish either of them.
Recommendation From the foregoing, it is RECOMMENDED that Petitioner enter a Final Order dismissing its charges against Respondent. R. T. CARPENTER Hearing Officer Division of Administrative Hearings The DeSoto Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 17th day of September, 1984.
The Issue Whether Respondent committed the violations alleged in the Administrative Complaint? If so, what disciplinary action should be taken against her?
Findings Of Fact Based upon the evidence adduced at hearing, and the record as a whole, the following Findings of Fact are made: Since April 19, 1991, Respondent has held Florida teaching certificate 637552, which covers the areas of business education (grades 6 through 12) and physical education (grades 6 through 12). The certificate is valid through June 30, 1996. Respondent is now, and has been at all times material to the instant case, including January 4, 1992, employed as a teacher by the Broward County School Board. On January 4, 1992, while operating her motor vehicle, Respondent was involved in an incident which led to her arrest and to the filing of an information against her in Broward County Circuit Court Case No. 92-2200CF10A. The information contained the following allegations, all of which were true: MICHAEL J. SATZ, State Attorney of the Seventeenth Judicial Circuit of Florida, as Prosecuting Attorney for the State of Florida in the County of Broward, by and through his undersigned Assistant State Attorney charges that [P]AULA DAWN REDO on the 4th day of January, A.D. 1992, in the County and State aforesaid, did unlawfully commit an assault upon Lieutenant Tom McKane, a duly qualified and legally authorized officer of the City of Sunrise, knowing at the time that he was a law enforcement officer, with a deadly weapon, to wit: an automobile, while he was in the lawful performance of his duties, without intent to kill, by striking the police car being drive[n] by Lieutenant Tom McKane with [s]aid automobile thereby placing Lieutenant Tom McKane in fear of imminent violence, contrary to F.S. 784.021 and 784.07(2)(c), COUNT II AND MICHAEL J. SATZ, State Attorney of the Seventeenth Judicial Circuit of Florida, as Prosecuting Attorney for the State of Florida in the County of Broward, by and through his undersigned Assistant State Attorney charges that PAULA DAWN REDO on the 4th day of January A.D. 1992, in the County and State aforesaid, did unlawfully commit an assault upon Lieutenant John George, a duly qualified and legally authorized officer of the Town of Davie, knowing at the time that he was a law enforcement officer, with a deadly weapon, to wit: an automobile, while he was in the lawful performance of his duties, without intent to kill, by driving said automobile toward the police car being driven by Lieutenant John George thereby placing John George in fear of imminent violence, contrary to F.S. 784.021 and 784.07(2)(c), COUNT III AND MICHAEL J. SATZ, State Attorney of the Seventeenth Judicial Circuit of Florida, as Prosecuting Attorney for the State of Florida in the County of Broward, by and through his undersigned Assistant State Attorney charges that PAULA DAWN REDO on the 4th day of January A.D. 1992, in the County and State aforesaid, did unlawfully commit an assault upon Sergeant Gary Silvestri, a duly qualified and legally authorized officer of the Town of Davie, knowing at the time that he was a law enforcement officer, with a deadly weapon, to wit: an automobile, while he was in the lawful performance of his duties, without intent to kill, by driving said automobile toward the police car being driven by Sergeant Gary Silvestri thereby placing Sergeant Gary Silvestri in fear of imminent violence, contrary to F.S. 784.021 and 784.07(2)(c), COUNT IV AND MICHAEL J. SATZ, State Attorney of the Seventeenth Judicial Circuit of Florida, as Prosecuting Attorney for the State of Florida in the County of Broward, by and through his undersigned Assistant State Attorney charges that PAULA DAWN REDO on the 4th day of January A.D. 1992, in the County and State aforesaid, did then and there unlawfully, willfully and maliciously injure the property of another, to wit: a police car, property of City of Sunrise, by striking said police car with another automobile, the damage to the said property so injured being greater than two hundred dollars ($200.00) but less than one thousand dollars ($1,000.00), contrary to F.S. 806.13(1) and F.S. 806.13(2), COUNT V AND MICHAEL J. SATZ, State Attorney of the Seventeenth Judicial Circuit of Florida, as Prosecuting Attorney for the State of Florida in the County of Broward, by and through his undersigned Assistant State Attorney charges that PAULA DAWN REDO on the 4th day of January A.D. 1992, in the County and State aforesaid, while being the operator of a motor vehicle upon a street or highway, and having knowledge that she had been directed to stop the said motor vehicle by a duly authorized police officer, did unlawfully and willfully refuse or fail to stop in compliance with the said directive, contrary to F.S. 316.1935, COUNT VI AND MICHAEL J. SATZ, State Attorney of the Seventeenth Judicial Circuit of Florida, as Prosecuting Attorney for the State of Florida in the County of Broward, by and through his undersigned Assistant State Attorney charges that PAULA DAWN REDO on the 4th day of January A.D. 1992, in the County and State aforesaid, did then and there operate a motor vehicle in willful and wanton disregard for the safety of persons or property in that said Defendant did drive at a high rate of speed disregarding a number of traffic control devices, contrary to F.S. 316.192. The incident was the subject of newspaper article published in the Metro Section of the Fort Lauderdale Sun-Sentinel on January 9, 1992. Because of the publicity surrounding the incident, Respondent was asked to transfer from the school at which she had been teaching before the incident (Western High School) to another school (Pines Middle School). Respondent agreed to the transfer, which was thereafter effectuated. She has remained on the instructional staff at Pines Middle School since the transfer. On August 8, 1994, after having discussed the matter with her attorney, Respondent entered a guilty plea to each of the counts of the information that had been filed against her in Broward County Circuit Court Case No. 92- 2200CF10A. Court records reflect that the plea was entered in Respondent's "best interest." 1/ Respondent was adjudicated guilty of the crimes alleged in Counts IV through VI of the information and sentenced to time served (three days in jail) for having committed these crimes. With respect to the crimes alleged in Counts I through III of the information, adjudication of guilt was withheld and Respondent was placed on two years probation. To date, Respondent has conducted herself in accordance with the terms and condition of her probation.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Commission enter a final order finding Respondent guilty of the violations of subsection (1) of Section 231.28, Florida Statutes, alleged in the Administrative Complaint and disciplining her for having committed these violations by suspending her teaching certificate for a period of 60 days and placing her on probation, subject to such terms and conditions as the Commission may deem appropriate, for a period of one year following the end of the suspension. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 11th day of December, 1995. STUART M. LERNER 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 11th day of December, 1995.
The Issue Whether Respondent committed offenses, as set forth in the Administrative Complaint, sufficient to justify the imposition of discipline with regard to Respondent's Florida educator's certificate, and if so, what penalties should be imposed?
Findings Of Fact Respondent holds Florida Education Certificate No. 720360, covering the area of business education, and was employed in the Santa Rosa County School system during the 2000-2001 school term as a business education teacher at Milton High School. Student S.B. was born April 19, 1983, and attended Milton High School for four years. During that time, she knew Respondent as a teacher and coach at the school. As a senior during the Fall of 2001-2002 school year, S.B. and her friend, J.N., another female student, called Respondent on the telephone as a joke. They told him they were coming to see him at his house. He said okay. That night, as the two female students left Respondent's home after staying about an hour, Respondent kissed S.B. on the mouth. Later, Respondent called S.B. at her home or placed calls to her cellular telephone on several occasions. S.B. also called Respondent. Sometimes, these telephone calls lasted for an hour or more. During the 2000-2001 school year, S.B. visited Respondent at his home on at least four and possible as much as six different occasions. Each visit occurred in the evening at Respondent's home when S.B. and Respondent were the only persons present. Respondent was a 33-year-old teacher and S.B., a 17-year-old student. Respondent and S.B. kissed and embraced each other on each of the visits by S.B. to Respondent's home. On the last visit, Respondent removed S.B.'s shirt, fondled her breasts through her bra and touched her vaginal area through her clothing. Respondent laid on top of S.B. and pressed his penis against her vagina through their clothing. Respondent professed his love for S.B. and talked to her about a future together following her graduation from high school. Respondent and S.B.'s relationship became the subject of rumors at Milton High School in March of 2001. Approximately three teachers had conversations with the Milton High School assistant principal that something was going on between S.B. and Respondent. The assistant principal confronted Respondent on March 16, 2001. Respondent denied any involvement with the two female students, S.B. and J.N., beyond two visits with them at his home where, he claimed, nothing happened between him and S.B. The assistant principal spoke with S.B. on March 16, 2001, and again confronted Respondent. This time, Respondent confessed to the relationship. He admitted to three or four occasions when he had kissed S.B. in the course of her visits to his house and that he had rubbed her breasts over her shirt. Respondent's improper conduct with S.B. became common knowledge among faculty, parents, and students at Milton High School. As a result of his admitted misconduct with S.B., the Santa Rosa County School District suspended Respondent on April 12, 2001, and that suspension continues in effect pending the outcome of this proceeding. Respondent's actions with regard to S.B. is immoral. A 33-year-old male teacher kissing, fondling, and hugging a 17-year-old student is an act of moral turpitude. Respondent's involvement with S.B. and the resulting publicity have seriously reduced Respondent's effectiveness as a teacher. Respondent's conduct and actions with S.B. exposed the student to conditions which were, or could have been, harmful to her mental and physical health. Respondent's actions knowingly and intentionally exposed S.B. to unnecessary embarrassment and disparagement. Respondent exploited his relationship with S.B. for personal gain. Respondent carried on a romantic relationship with a 17-year-old girl in order to satisfy his own romantic and sexual desires.
Recommendation Based upon the findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered finding Respondent guilty of the offenses set forth in the Administrative Complaint and revoking Respondent's Florida Educator Certificate No. 720360. DONE AND ENTERED this 5th day of September, 2002, in Tallahassee, Leon County, Florida. DON W. DAVIS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 5th day of September, 2002. COPIES FURNISHED: J. David Holder, Esquire 24357 U.S. Highway 331, South Santa Rosa Beach, Florida 32459 Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Room 224E Tallahassee, Florida 32399-0400 R. John Westberry, Esquire Holt & Westberry 1108-A North 12th Avenue Pensacola, Florida 32501 Jerry W. Whitmore, Chief Bureau of Educator Standards Department of Education 325 West Gaines Street, Suite 224-E Tallahassee, Florida 32399-0400
The Issue The issue is whether Respondent's teaching certificate should be disciplined because of Respondent's misconduct.
Findings Of Fact Background and parties Mr. Negedly holds Florida Educator's Certificate 836720, in English, which was valid through June 30, 2008. At all times pertinent, he was employed by the Volusia County School District as a language arts teacher at Heritage Middle School (Heritage). The Department of Education, which was headed by Petitioner at all times material to this case, is the state agency charged with investigating and prosecuting complaints against teachers holding Florida Educator's Certificates. The Education Practices Commission is charged with, among other things, imposing discipline on teachers. The Becker incidents During the 2004-2005 school year, Jami Lynn Becker was a consultation teacher at Heritage. A consultation teacher advises and otherwise aids teachers who have exceptional student education (ESE) pupils in their classes. She ensured that ESE students were provided the accommodations to which they were entitled. Mr. Negedly taught sixth-grade language arts at Heritage. There were three ESE students in his class. Ms. Becker's duties included visiting his class in order to provide services to those three students. On September 16, 2004, immediately before the commencement of classroom activities, Ms. Becker went to Mr. Negedly's room to inquire if he needed any help. During the conversation, Mr. Negedly mentioned that he and his wife had by happenstance seen Ms. Becker driving into New Smyrna Beach, Florida. Ms. Becker related that she was there to receive counseling regarding a recent divorce. Mr. Negedly moved the subject of the conversation to his own marriage and related that he was having problems and was sexually frustrated. He stated that he was having impure thoughts. He suggested that he was willing to engage in a physical relationship with Ms. Becker if she was willing. Ms. Becker was completely shocked by this conversation. Ms. Becker knew Mr. Negedly's wife, Joely Negedly, because she taught at Heritage also, and Ms. Becker suggested that he should direct his intimate conversations to his wife, not her. Mr. Negedly then revealed that he had the same feelings with another teacher, Jaqueline Brame, in the previous year. At that point in the conversation, the school bell rang, students entered the classroom, and Ms. Becker told Mr. Negedly that she would pray for him and then departed for her office. She also made it clear to him that she hoped that this type of conversation would not be repeated. However, that was not to be the case. About 45 minutes later, Mr. Negedly provided Ms. Becker with a note saying that he was sorry if what he said was too much, too fast, and that he hoped that he had provided her with some help. During the seventh period, which was Mr. Negedly's planning period, he came to Ms. Becker's office and renewed the conversations about his sexual frustration and stated that he didn't understand why God intended for man to be with one woman for his entire life. He asked Ms. Becker not to tell others about the conversations. On one or more occasions, Mr. Negedly came into Ms. Becker's office at the end of the school day and talked to her for as long as 45 minutes. Both his presence and his conversations during these times made her feel uncomfortable. Ms. Becker is a self-described non-confrontational person and could not bring herself to tell him to leave. These sort of encounters occurred about seven times over several weeks. Ms. Becker felt that the conversations he initiated were inappropriate. His words made her feel uncomfortable, and she felt that it was necessary for her to take evasive action in order to avoid him and therefore avoid repeat occurrences. She also honored his request not to reveal the nature of his conversations. At some point, Ms. Becker approached Ms. Brame, the person Mr. Negedly had identified as a previous target of his affections, and told Ms. Brame of her experiences. Ms. Brame related her experience with Mr. Negedly, and Ms. Becker ascertained that they were very similar. As a result, Ms. Becker resolved to inform higher authority. This plan was shelved, however, by the intervention of Hurricane Jeanne, which resulted in the suspension of school activities. On September 28, 2004, when school resumed, Mr. Negedly came into her office and after about 45 minutes Ms. Becker told him that his conversation was inappropriate. A few days after that, Ms. Becker reported these events to Mrs. Gunderson, who was an assistant principal and supervisor of ESE. All of these encounters occurred on school grounds. However, there was no evidence that any student observed or heard Mr. Negedly's suggestions. Mr. Negedly never touched Ms. Becker, threatened her person, or used sexually explicit language. His actions disturbed her to the extent that her ability to teach was affected. However, her effectiveness as an employee of the district school board was not seriously compromised. The Brame incidents Jacqueline Brame is currently a teacher at River Springs Middle School in the Volusia County School District and was a teacher at Heritage during all times pertinent to this proceeding. Ms. Brame was Mr. Negedly's mentor when he began teaching at Heritage and worked with him on a sixth-grade team of teachers providing education to the same 150 children. By the beginning of the 2003-2004 school year, Ms. Brame, Mr. Negedly, and Joely Negedly had become close friends. They mingled socially and would visit one another in their homes. Ms. Brame confided in Mr. Negedly, and Ms. Brame described their relationship as "best friends." Ms. Brame was having marital problems, and she shared intimate details about this with Mr. Negedly. She valued his advice and respected his opinions about her problems. After the 2003-2004 school year commenced, Mr. Negedly attempted to move the relationship into a romantic one. He told her that he cared for her deeply and that he was in love with her. These comments made Ms. Brame uncomfortable. She reminded Mr. Negedly that he was married, that she, Ms. Brame, was Mrs. Negedly's friend, and that his son was in her class. This conversation occurred in school, during the school day. He told Ms. Brame that he wanted to have a physical relationship with her. This continued even when Ms. Brame was seven months pregnant. After each advance and rebuff, Mr. Negedly would apologize. His pursuit continued for almost a year. On numerous occasions she would tell him that his advances were unwelcome and inappropriate. Ms. Brame, like Ms. Becker, described herself as someone who did not like confrontation, and she did not firmly tell him that his behavior was unacceptable. Once when Ms. Brame had temporarily abandoned her marital home as the result of a domestic dispute, Mr. Negedly invited her to stay at his home. Ms. Negedly was out of the area at this time because of her duties as a consultant for the college boards, but their children were present in the home. Ms. Brame refused. However, she did not take the invitation to be an invitation for sex. She said that had Ms. Negedly not been away during this time, she might have accepted the invitation. Mr. Negedly's pursuit made Ms. Brame uncomfortable and occasionally sick to her stomach. It adversely affected her emotions and affected her teaching. The events happened in school, in the school cafeteria, and after school, but in connection with school activities. As a result of his unwelcome overtures she had to attend counseling. However, her effectiveness as an employee of the district school board was not seriously reduced or compromised. Eventually Ms. Brame restructured their relationship. She transformed it into a professional friendship and maintained this status through the 2003-2004 school year. At no time during these encounters did Mr. Negedly touch Ms. Brame inappropriately or use sexually explicit language. Most if not all of the encounters occurred on school grounds or in connection with school activities. However, there was no evidence that any student observed or heard Mr. Negedly's overtures. Ms. Brame did not tell anyone in authority about Mr. Negedly's behavior. She cared deeply for Mr. Negedly and his family. She believed remaining silent was her Christian duty. She stated during the hearing that she does not believe he should be removed from the teaching profession. Ms. Brame's allegations surfaced during the investigation into Mr. Negedly's conduct that resulted from Ms. Becker's allegations. The Hepsworth incidents Ms. Kuuleialoha Hepsworth was a teacher's assistant at Heritage during the first semester of 2004. She was in charge of the "lunch club." This informal organization provided lunches to teachers who desired to have their lunch prepared by commercial providers. Ms. Hepsworth would collect money from participating teachers, acquire the food at nearby restaurants, and deliver them to those who had placed orders with her. Once when Mr. Negedly handed her money to be used for purchasing lunch, she claimed he inappropriately brushed the bottom of her hand. Mr. Negedly was the sponsor for the school yearbook and in connection with that duty, he was taking pictures of children in a seventh-period classroom Ms. Hepsworth was teaching. Ms. Hepsworth testified that he said that he was intrigued with her and that "he wanted to pursue her." She said she asked him, "What about your wife?" She said he then asked her if "I would do his wife too, because that would be too cool." Ms. Hepsworth claimed that she was "freaked out." She related that this latter incident occurred on the Friday before Mr. Negedly was removed from the school because of the Becker allegations. She was asked on October 28, 2004, to give a statement to an investigator and that is when she revealed her alleged encounters. The alleged behavior of Mr. Negedly as related by Ms. Hepsworth was so dissimilar to the events related by Ms. Becker and Ms. Brame that it is deemed unworthy of belief. Mr. Negedly Mr. Negedly's targets were women who did not like confrontation and who sought unsuccessfully to communicate their discomfort passively. Had they been confrontational with him, or if they had reported his behavior to higher authority immediately, the behavior could have been corrected locally, and the downward spiral of unpleasantness which has resulted, could have been avoided. On the other hand, these two women may have been selected as targets because of Mr. Negedly's perception that they were unlikely to either harshly react to his overtures or immediately report him to those in authority. Mr. Negedly's certificate expired June 30, 2008. He was employed as a teacher from the beginning of the 2000-2001 school year until the latter part of the school year 2005-2006. Mr. Negedly received a certificate of appreciation for his outstanding dedication to education from the assistant principal of Heritage, on May 7, 2002. All of his performance assessments indicated that he met standards, and he had no disciplinary record prior to the discipline at issue in this case. As previously noted, he was given the additional duty of yearbook sponsor at Heritage. He was also made sponsor of the Junior Beta Club. Heritage Principal Dennis Neal wrote a recommendation dated May 7, 2004, when Mr. Negedly applied for a Stetson University Teacher Scholar Grant that related, "Mr. Negedly continues to demonstrate high professional standards and a dedication to his students' success both in and out of the classroom. He is a valuable team player who can be counted on to go above the norm in all his endeavors. I commend Mr. Negedly on taking on the challenge of an advanced degree and professional growth." When Mr. Negedly was teaching English at David Hinson Middle School, he was chosen teacher of the month for October 2005 by students and teachers. Subsequent to the exposure of Mr. Negedly's transgressions, he attended counseling with his wife at Associated Psychiatric Services in New Smyrna Beach, Florida. As late as April 13, 2005, counseling continued. The counseling was ordered and paid for by the Volusia School District. In January 2005, the school board punished Mr. Negedly by suspending him for five days without pay. As a result of Mr. Negedly's lack of judgment, he was taken from his classroom at Heritage and transferred to the district headquarters; his wife had to obtain a transfer to another school; Mrs. Negedly and her child were the subject of incorrect and hurtful conversations by students, faculty, and others; and Mr. Negedly, who sincerely loved teaching, lost his career.
Recommendation Based upon the Findings of Fact and Conclusions of Law, RECOMMENDED that a final order be entered dismissing the Administrative Complaint. DONE AND ENTERED this 4th day of December, 2008, in Tallahassee, Leon County, Florida. S HARRY L. HOOPER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 4th day of December, 2008. COPIES FURNISHED: Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Room 224 Tallahassee, Florida 32399-0400 Joan Stewart, Esquire FEA Legal Services 300 East Park Avenue Tallahassee, Florida 32301 Ron Weaver, Esquire Post Office Box 5675 Douglasville, Georgia 30154-0012 Marian Lambeth, Bureau Chief Bureau of Professional Practices Services Department of Education Turlington Building, Suite 224-E 325 West Gaines Street Tallahassee, Florida 32399-0400 Deborah K. Kearney, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found: Petitioner Lawrence A. Longenecker formerly held a Florida teaching certificate, and was employed as a science teacher at Madeira Beach Middle School in Pinellas County until January of 1978. In January of 1978, administrative charges were brought against the petitioner by the Professional Practices Council (the predecessor to the Education Practices Commission) for the revocation of his teaching certificate. After a hearing before a Hearing Officer with the Division of Administrative Hearings, it was found that petitioner had made sexual advances toward three female students on four separate occasions during 1977 and that petitioner was thus guilty of personal conduct which seriously reduced his effectiveness as a school board employee. The Hearing Officer recommended, by order dated November 25, 1980, that petitioner's teaching certificate be permanently revoked. Professional Practices Council v. Lawrence Longenecker, DOAH Case No. 80-1276 (November 25, 1980). By Final Order filed on February 2, 1981, the Education Practices Commission adopted the Hearing Officer's Recommended Order and permanently revoked petitioner's teaching certificate. Professional Practices Council v. Lawrence A. Longenecker, Case NO. 80-005-RT (February 2, 1981). No appeal was taken from this Final Order. In approximately March of 1983, petitioner filed an application for a Florida Teaching Certificate, which application was denied by the Department of Education. Its "Notice of Reasons" for denial, filed on June 30, 1983, recited the events which formed the bases for the prior permanent revocation of petitioner's teaching certificate, and concluded that petitioner had failed to demonstrate that he is of good moral character, as required by Section 231.17(1)(e), Florida Statutes, and that petitioner had committed acts for which the Education Practices Commission would be authorized to revoke a teacher's certificate. Petitioner was 28 and 29 years of age during the time of the acts which formed the basis for the prior certificate revocation. He is now 34 years old. Since 1978, he has obtained a Master's degree in personnel administration from the University of South Florida and has been employed in the area of retail management. He fees that he is now more mature and more wise and would like to return to his chosen profession of teaching school. During the pendency of the instant proceeding, petitioner visited Dr. Alfred Fireman for psychiatric counseling and evaluation on three occasions. It was Dr. Fireman's opinion that petitioner is psychologically fit to reenter the teaching profession provided that his behavior is monitored. He concluded that petitioner "was a suitable candidate for a probationary restoration of privileges." The Education Practices Commission has never reinstated a former certificate or issued a new teaching certificate to an individual whose certificate had been previously permanently revoked.
Recommendation Based upon the findings of fact and conclusions of law recited herein, it is RECOMMENDED that the Education Practices Commission enter a Final Order denying petitioner's application for a Florida teaching certificate. DONE AND ENTERED this 9th day of March, 1984. DIANE D. TREMOR Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 9th day of March 1984. COPIES FURNISHED: Lawrence D. Black, Esquire 152 Eighth Avenue SW Largo, Florida 33540 J. David Holder, Esquire Berg & Holder 128 Salem Court Post Office Box 1694 Tallahassee, Florida 32301 Donald L. Greisheimer Executive Director Education Practices Commission Room 125, Knott Building Tallahassee, Florida 32301
Findings Of Fact Thomas Pelley, the Respondent, holds Florida Teaching Certificate No. 318598, Standard, Rank III, valid through June 30, 1982, covering the area of furniture repair. The Respondent was employed during the 1978-79 school year in the public schools of Orange County at the Westside Adult Center in Winter Garden, Florida, as an instructor in furniture upholstery. The then Florida Professional Practices Council received a report from officials of the Orange County School System indicating that the Respondent had allegedly misappropriated school funds to his personal use. Pursuant to Rule 6A-4.37, Florida Administrative Code, an inquiry was conducted into the matter and a report made to the Professional Practices Council which culminated in the Commissioner of Education finding probable cause to file a proceeding against the Respondent, which probable cause finding was entered on November 5, 1979. The Respondent and his students typically engaged in the repair and re- upholstery of furniture brought in by members of the public at a reduced price as part of the training program in the occupation of re-upholstery. The procedure for payment for this re-upholstery work was that the customers wrote a check after Mr. Pelley wrote a "training order" and then Mr. Pelley was to submit the customer's money to the school bookkeeper in order to requisition material for the re-upholstery work involved. At the conclusion of the job the customer would come to the school office and pay for whatever charges were left for the labor and take custody of the furniture. Mr. Pelley did not comply with that procedure, however, with regard to customers Vicki Teal, Carol Johnson, and Winifred Good. In these instances involving work done for these customers, the Respondent was paid by the customers directly. The Respondent was fully informed of the proper procedure for payment by the customers for upholstery work. Customer Vicki Teal complained on one occasion that a sofa she had left to be re-upholstered had the wrong material installed on it and that Mr. Pelley had refused to replace the materials with those that she had actually ordered. Ms. Good and Ms. Johnson similarly complained about the workmanship on the furniture they had left to be repaired. With all three of these customers, the office personnel at the school discovered that they had no record that the customers had ever ordered work to be done by the Respondent and his students, nor that they had purchased anything, until they came forward with their cancel led checks for the same. Each of the checks was endorsed by Mr. Pelley. The subject checks from these three customers totaled $515.29, the funds represented which were received by the Respondent and never turned over to officials of the school, the bookkeeper of the school nor anyone employed by the Orange County School Board for proper accounting and use. Rather, the Respondent converted all of the monies collected to his own personal use. Witness House, who worked with the Respondent at the same school and who was his superior, has had long experience in the education profession and in teaching and dealing with students. He established that such conduct is not a proper example to students and is sufficiently notorious to bring the Respondent and the education profession into public disgrace and disrespect, especially in view of the several members of the public directly involved and victimized by the Respondent's misdeeds. It should be pointed out that at the times pertinent hereto, the Respondent was in severe financial straits due to medical expenses incurred by his wife being stricken with cancer.
Recommendation Having considered the foregoing findings of fact, conclusions of law, and pleadings and arguments of counsel for the Petitioner, it is, therefore, RECOMMENDED: That Respondent be found guilty of wrongfully converting monies to his own use that rightfully belonged to the Orange County School Board, which conduct constitutes gross immorality or an act involving moral turpitude and seriously reduces the Respondent's effectiveness as an employee of the School Board; and that the Respondent's Teaching Certificate be revoked for one (1) year. DONE and ENTERED this 19th day of March, 1982, in Tallahassee, Florida. P. MICHAEL RUFF Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of th Division of Administrative Hearing this 19th day of March, 1982. COPIES FURNISHED: J. David Holder, Esquire BERG AND HOLDER Post Office Box 1694 Tallahassee, Florida 32302 Mr. Thomas Pelley 149 Silver Star Road Ocoee, Florida 32761 Donald L. Griesheimer Executive Director Education Practices Commission Department of Education 125 Knott Building Tallahassee, Florida 32301
Findings Of Fact At relevant times to this inquiry Respondent has held the teaching certificate number 664911 in the area of substitute teacher issued by the Petitioner. In the case of the State of Florida v. Robert Ray Stone, in the Circuit Court of the Fifth Judicial Circuit of the State of Florida in and for Marion County, Case Number 90-1630-CF-A-W, Respondent was charged with two counts of vehicular homicide, a single count of leaving the scene of an accident in which a death was involved and a single count of evidence tampering. The accident was alleged to have occurred on May 6, 1990 and the alleged evidence tampering was said to have occurred between May 6 and May 12, 1990. On April 30, 1991 Respondent was tried, found guilty and was adjudicated guilty of unlawfully and willfully failing to stop his vehicle at the scene of an accident or as close thereto as possible, or forthwith to return to that scene and fulfill the reporting requirements and rendering of aid requirements set out in Section 316.062, Florida Statutes, thus violating Section 316.027, Florida Statutes. He pled and was adjudicated guilty of unlawfully and knowingly altering, destroying, concealing, or removing any record, document or thing, in this instance an automobile and/or automobile parts with the purpose to impair its verity or availability in any proceeding or investigation, knowing full well that a criminal trial or proceeding or an investigation by duly constituted prosecuting authority, law enforcement agency or grand jury of the state was pending or was about to be instituted, and through such evidence tampering violated Section 918.13(1)(a), Florida Statutes. The accident in question involved death. These offenses in Counts 3 and 4 to the information to which Respondent offered his pleas were third degree felonies. The two counts of vehicular homicide were not pursued and are not part of the judgment and sentence in the aforementioned case. For his plea Respondent was given concurrent sentences of twelve months imprisonment for Counts 3 and 4 to the second amended information, followed by six years probation to run concurrent. In the imposition of the sentence the court also recommended payment of restitution and investigative costs, alcohol counseling, and that the Respondent consume no alcohol and that the driver's license of the Respondent be revoked for a period of three years. Knowledge of the crime was publicized in the Ocala Star Banner in its July 10, 1990 edition. Frank Washington, Jr., Director of Personnel for the Marion County School System, Marion County, Florida, in which Respondent had been employed as a substitute teacher, offered his opinion on the Respondent's effectiveness to serve as a substitute teacher following the subject incident. Mr. Washington has 31 years of experience in education to include classroom instruction at the elementary, junior high and high school level, service as assistant principal or principal in elementary and middle schools as well as his administrative service. Mr. Washington holds a Florida certificate to teach. Mr. Washington is somewhat familiar with the criminal law case against the Respondent. As a consequence of the case Respondent has been removed from the approved list of substitute teachers in the Marion County School System. Mr. Washington's opinion on the effectiveness of the Respondent to carry forward his duties as a substitute teacher is that Respondent's effectiveness has been reduced. This is especially true given that the school system has limited control over substitute teachers as contrasted with full-time teachers. Mr. Washington's concerns about Respondent's effectiveness also addresses the apparent disregard for human life evidenced by the Respondent in his conduct in leaving the scene of an accident where a human life was lost and the deceit demonstrated by the Respondent in his evidence tampering following the accident. Mr. Washington does not believe that this type individual needs to be in the classroom working with children in a posture where children are to be taught good citizenship. Mr. Washington's opinion on loss of effectiveness is accepted.
Recommendation Upon the consideration of the facts found and conclusions of law reached, it is recommended: That the teaching certificate as a substitute teacher, No. 664911, held by Robert R. Stone be revoked for a period of ten years. RECOMMENDED this 31st day of March, 1992, in Tallahassee, Florida. CHARLES C. ADAMS Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 31st day of March, 1992.
