The Issue Whether Respondent's Professional Service Contract should be terminated for just cause based on actions constituting misconduct in office within the meaning of Section 1012.33, Florida Statutes (2004),1 and Florida Administrative Code Rule 6B-4.009.
Findings Of Fact The Board is the entity authorized to operate, control, and supervise the Charlotte County Public School System. Art. IX, §4, Fla. Const. and §1001.30, Fla. Stat. Mr. LaGrange began his employment with the Board in 1991. In January 2005, Mr. LaGrange began teaching a new Health Careers and Occupations class at Port Charlotte High School. The class was a vocational educational course for low- functioning students and consisted of about 20 ninth-grade students. A.V., N.M., T.B., S.B., N.H., and B.H. were students in this class. Sometime in either March or April 2005, Mr. LaGrange made an inappropriate remark about A.V.'s appearance. The incident happened near the end of the class, while A.V. was drawing on the board with her back to the students. Mr. LaGrange stated: "Look at A.V.'s cute little ass" or words to that effect. This remark greatly embarrassed A.V. As A.V. was leaving Mr. LaGrange's classroom on the day of the incident, she yelled to Mr. LaGrange that it was a disgusting and perverted comment for him to make in front of the entire class. Other students, including N.M., N.H., T.B., and B.H., heard Mr. LaGrange make the sexually inappropriate remark about A.V. Although each student's recollection of the incident may vary concerning the exact words that Mr. LaGrange used, the students all agreed that Mr. LaGrange made an inappropriate remark about A.V.'s backside in front of the class. Mr. LaGrange also made some inappropriate remarks to N.M. He told her that "If I have a wet dream about you, I won't tell you" or words to that effect. Mr. LaGrange's comments made N.M. feel uncomfortable and caused her to view Mr. LaGrange as "weird." T.B. also heard Mr. LaGrange make comments in class concerning wet dreams. A.M., a female student, would sometimes come into Mr. LaGrange's classroom, kneel beside the desk of S.B., a male student, and watch S.B. draw. S.B. heard Mr. LaGrange comment to A.M. to the effect that she liked to be on her knees for guys a lot. S.B. also heard Mr. LaGrange tell N.M. that "for somebody who is a schoolgirl, you know a lot about sex." S.B. felt that the remarks were perverted. On April 28, 2005, Mr. LaGrange referred A.V. and N.M. to a school dean, Matthew Wheldon, for excessive gum chewing. Gum chewing is a minor infraction and is normally allowed in classrooms other than Mr. LaGrange's class. Mr. Wheldon asked the girls how things were going in Mr. LaGrange's class, and they confided in him about the inappropriate remarks that Mr. LaGrange had been making in the classroom. Mr. Wheldon referred the matter to the assistant principal, and an investigation ensued, resulting in Mr. LaGrange being suspended. After reviewing the investigation report and being made aware of two other times that Mr. LaGrange had been disciplined, the Superintendent of Schools for the School Board of Charlotte County recommended to the Board that Mr. LaGrange be dismissed from his teaching position.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that the actions of Leonard LaGrange constitute just cause to dismiss him from his employment with the Charlotte County School Board, and terminating his Professional Services Contract. DONE AND ENTERED this 18th day of April, 2006, in Tallahassee, Leon County, Florida. S SUSAN B. HARRELL 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 18th day of April, 2006.
The Issue Whether Patrick M. Hill, Respondent, is guilty of immorality and misconduct in office as more specifically alleged in letters of April 6, 1990 and May 18, 1990.
Findings Of Fact At all times relevant hereto, Patrick M. Hill held a professional services contract with the Polk County School Board as a remediation teacher at Lakeland High School. He also served as wrestling coach and cross country coach at Lakeland High School. During the spring break of the 1989-90 school year, Respondent told some students they could earn some extra money if they helped him paint his house. Erik Greatens, an 18 1/2 year old senior, agreed to help, and he, with a 25 year old man, John, and Respondent, worked all day painting. Around noon that day when all were hot and thirsty, Respondent told them there was beer in his refrigerator. Both Erik and John accepted the offer. Erik had one beer. When they stopped painting around 5 p.m., Respondent told them he would order pizza if they wanted to return later. Erik accepted and went home to shower and change clothes. He returned around 6:30 p.m. and shared pizza with Respondent. Erik testified that he had only the one beer that day at Respondent's home and that his father permitted him to drink an occasional glass of wine at home. He did not drink beer or any other alcoholic beverage while at Respondent's home that evening. Around 8:30 p.m., Erik left Respondent's residence and went to the Publix parking lot to meet some friends. At the parking lot that evening with his friends, Erik consumed 11 or 12 cans of beer before driving the four or five blocks to his home. When he arrived, his mother was up and considered her son was inebriated and that he had received the beer at Respondent's home. At the time, Erik told her he had only the one beer at Respondent's home, but, from his condition, the mother was sure he had drunk more than one beer. The following day, Mrs. Greatens called the Superintendent's office to complain about Respondent providing Erik with beer. Based upon that complaint, Respondent was suspended from his position as teacher at Lakeland High School. The professional Practices Council of the State Department of Education was notified of the charge so they could institute an investigation to determine if Respondent's state certificate should be disciplined. To date, no charges have been brought by the Department of Education. Subsequently, Petitioner learned that Respondent had pleaded guilty in New Jersey to a charge of contributing to the delinquency of a minor in 1973. A copy of this court record was admitted into evidence as Exhibit 3. In 1973, Respondent was a tenured teacher in the school district of the Township of Pemberton, Burlington County, New Jersey. Charges were preferred against Respondent by the Board of Education, and an administrative hearing was held to determine if the charges and circumstances surrounding the charges warranted dismissal of Respondent from his position as a tenured teacher. Following that hearing, the hearing examiner submitted a report recommending the charge and evidence insufficient to warrant a dismissal or reduction in salary. The Commissioner of Education adopted the finding and recommendation of the hearing examiner. In the instant proceedings, Respondent testified to the facts regarding the 1973 incident. That testimony is essentially the same as found by the hearing examiner in 1973 reported in Exhibit 4 as follows: The testimony offered by the Superintendent of Schools and respondent's building principal was that respondent is a good teacher, as evidenced by his past evaluations, and his record has been unblemished since his employ- ment by the Board. This matter has been brought to the attention of the Commissioner solely because of an incident which occurred on March 8, 1972, and that incident alone is the basis for the Board's action. On the evening of March 8, 1972, respondent was returning to his home after working late at his school on some extra curricular project. The record shows that Respondent was very active in the school community, and that he coached sports activities, served on the executive board of the local P.T.A., and served as President of the Pemberton Township Police Athletic League, in addition to his regular teaching duties. Respondent testified that it was a rainy night. On his way home, he picked up a hitchhiker who told him that he had a job in north Jersey and was on his way to visit his father in the Tuckerton area (approxi- mately thirty miles away). Because of the late hour and the poor weather conditions, Respondent offered the hitchhiker a place to spend the night in his home and told him he would drop him off at the inter- section of Routes #9 and #37 the next morning on his way to school. The hitchhiker accepted the offer and spent the night in respondent's home. Respondent testified that he also offered the use of his telephone so the hitchhiker could call his father, but that he refused saying that he was not expected anyway. He testified fur- ther that nothing untoward happened that night and that he dropped the hitchhiker off at the named intersection the follow- ing morning on his way to school. Respon- dent did not know that the hitchhiker was a minor; neither his appearance, nor his conversation about holding a job in north Jersey, nor having a drink and avoiding the police, lead (sic.)Respondent to conclude that the hitchhiker was a minor. (Tr. 19-22) None of this testimony is refuted by the Board, nor were any witnesses pre- sented by the Board to give any other version about what allegedly occurred on the evening of March 8, 1972. The Board, however, grounds its action against Respondent on his subsequent arrest by the police and his later indictment by the Grand Jury of Ocean County. A change of plea to that indictment reads in pertinent part as follows: (P-1) The State moved under Rule 3:74 to amend the third count of the indictment to read `did contribute to the delinquency of a minor by permitting him to remain overnight without parental consent'. The Court so ordered. Patrick Hill sworn. (sic.) As a result of plea bargaining, the Defendant retracted his former plea of Not Guilty and entered a plea of Guilty to the amended third (3rd) count of [the Indictment). * * * In the hearing examiner's judgment, it would be wrong to speculate why Patrick Hill made the plea (P-1) rather than pursue some other defense of the original charges made against him. He testified that he made the change of plea because he did allow the youth to stay in his home overnight. Suffice it to say that he was represented by counsel and the record must now speak for itself. Respondent entered a plea of guilty (P-1) which the Commissioner must con- sider in making his determination. N.J.S.A. 2A:96-4 reads as follows: A parent, legal guardian or person having the legal custody or control of a child, who by any continued negligence or willful act, encourages, causes or con- tributes to the child's delinquency, or any other person who by any wilful act encourages, causes or contributes to a child's delinquency, is guilty of a misdemeanor. The hearing examiner found that the unrefuted testimony of respondent, and the absence of any proof of conduct unbecoming a teacher by the Board, leads to the conclusion that the only fact before the Commissioner is that respondent knowingly permitted a minor to remain in his home overnight without the consent of the minor's parents. Respondent testified without contradiction that he was told by his attorney that the conviction would be expunged and he could forget it. Accordingly, Respondent concluded, albeit erroneously, that he never would need to reveal this record. Respondent moved to Florida and was employed as a junior high school teacher at St. Joseph's School, Lakeland, Florida, from 1979 to 1986 when he was employed by the Polk County School Board to teach at Lakeland High School. While at St. Joseph's, Respondent continued his extracurricular activities similar to those in New Jersey coaching children in wrestling and track, and he was involved in national and statewide wrestling programs for children. When he started teaching at Lakeland High School, Respondent continued his coaching activities and his work with children. He has been involved with helping troubled adolescents at the Polk Correctional Institute, served on the Governor's Council on Health, Physical Education and sports, was awarded man of the year honors for the AAU Wrestling Division, took a group of young wrestlers to Germany two years ago (1988) in a cultural exchange program and coordinated a return visit of German youth wrestlers to Florida in 1989. Respondent has excellent rapport with his students and with the student's parents. The letters admitted into evidence in Exhibit 5 extolling the virtues of Respondent as a teacher, coach and individual are not the pro forma, perfunctory letters of recommendation usually presented, but clearly indicate heartfelt esteem, appreciation and admiration. Respondent has had no prior disciplinary actions brought against him while teaching in Florida schools.
Recommendation Considering the reputation of Respondent, his rapport with students and peers, the time he has devoted to developing children into responsible adults and the conclusions that the acts complained of do not constitute immorality but are minor infractions coming under the definition of misconduct in office, it is recommended that Patrick M. Hill be found guilty of misconduct in office and suspended without pay for four months. RECOMMENDED this 20th day of August, 1990, in Tallahassee, Florida. K. N. AYERS 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 20th day of August, 1990. COPIES FURNISHED: Donald H. Wilson, Jr., Esquire Post Office Box 391 Bartow, FL 33830 Arthur C. Fulmer, Esquire Post Office Box 2958 Lakeland, FL 33806 John A. Stewart Superintendent of Schools Post Office Box 391 Bartow, FL 33830 Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, FL 32399-0400 Martin B. Schapp, Administrator Professional Practices Services 352 Florida Education Center 325 W. Gaines Street Tallahassee, FL 32399-0400
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 This matter comes on before the undersigned for consideration following an Administrative Complaint brought by Ralph D. Turlington, Commissioner of Education for the State of Florida, against Robert J. Browne, Respondent. No genuine factual issue is in dispute because no communication, including an election of rights or an appearance from the Respondent, has ever been received. Pursuant to the above-cited rule, the matter was required to proceed to hearing before the undersigned for the presentation of a prima facie case by the Petitioner, regarding the establishment of the reputed facts alleged in the Administrative Complaint upon which the Petitioner seeks revocation of the Respondent's Certificate. The Administrative Complaint is dated July 1, 1981. After the Administrative Complaint was filed, various efforts were made to achieve service of the same on the Respondent. The Respondent never responded to the Administrative Complaint. Diligent search and inquiry failed to locate the Respondent, or a means or location whereby he might be served with the Complaint. Attempts to serve him at his last-known forwarding address resulted in the certi- fied mail being returned unclaimed and unforwardable. The undersigned attempted to serve notice of this proceeding itself upon the Respondent at the last known address with the same result. Service by publication of the Administrative Complaint was achieved by the Petitioner. The Respondent holds Florida Teaching Certificate Number 440435, Post Graduate, Rank II, which expires on June 30, 1998, authorizing him to engage in the profession of teaching in the areas of mental retardation, junior college, administration, and supervision. At all times pertinent hereto, he was employed at the Exceptional Student Educational Center in Broward County, Florida, at Eastside Elementary School. The Respondent's position was that of administrator or assistant principal at the school. The Respondent was employed at the school during the summer of 1980. Mrs. Annie Turner was employed at the school as the custodian during that same summer. She worked from the hours of 3:00 p.m. to 7:00 p.m. in the evening. She often took her son Ronnie, who was the youngest of seven children, to the school with her during her working hours. She did this in order for him to assist her in her job duties. On an early visit to the school, Ronnie met the Respondent, Mr. Browne. They met on frequent occasions thereafter, when Ronnie was at the school with his mother and talked of sports and other things of interest to Ronnie, and they ultimately struck up a friendship. Mrs. Turner began noticing that her son would go to a distant bathroom in the school and stay an inordinate period of time. This happened on a number of occasions and she noticed that Mr. Browne would follow her son into the mens' bathroom while she was engaged in cleaning another room nearby in the school. She did not feel anything was amiss until this happened on a regular basis. Finally, on a Thursday evening (she does not remember the date), in the summer of 1980, Mr. Browne and Ronnie entered the bathroom and stayed so long she opened the door to check on her son and observed the Respondent on his knees committing a homosexual act on the person of her son. She was not observed by Mr. Browne. She ultimately informed-the County Superintendent and Mr. Browne was confronted with the subject accusation by his superiors. Sometime thereafter the Respondent resigned his position at the school. Mrs. Turner no longer respects Mr. Browne and would not want one of her children in a school where he was principal or a teacher due to her apprehension regarding their physical and emotional welfare. The testimony of Ronnie Turner corroborates that of his mother, Annie Turner, and in addition, establishes that the homosexual act observed by Mrs. Turner occurred on three (3) other occasions in a substantially similar fashion and location. The occasion when Annie Turner discovered the Respondent committing a homosexual act on her son was the fourth and last of those occasions, all of which occurred during a three-week period during the summer of 1980. Ronnie Turner sougnt on several occasions to avoid association with the Respondent during this time after he became aware of the Respondent's intentions. He would not want to attend a school at which the Respondent was employed and fears that the same fate will befall other children at any school at which the Respondent should be employed. Ronnie Turner was fourteen years of age at the time the pertinent events occurred. After the Respondent resigned from his position with the Broward County School System, there ultimately ensued an Administrative Complaint brought by Ralph Turlington, Commissioner of Education of the State of Florida, seeking revocation of the Respondent's Florida Teacher's Certificate.
Recommendation Having considered the foregoing findings of fact, conclusions of law, the evidence in the record and the pleadings and arguments of counsel for the Petitioner, it is, RECOMMENDED: That the Respondent, Robert J. Browne, have his Teacher's Certificate in and for the State of Florida revoked permanently. 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 the Division of Administrative Hearings this 19th day of March, 1982. COPIES FURNISHED: J. David Holder, Esquire BERG AND HOLDER 203-B South Monroe Street Post Office Box 1694 Tallahassee, Florida 32302 Mr. Robert J. Browne 1771 Northeast 12th Street Fort Lauderdale, Florida 33304
The Issue The issues to be decided are: Whether Ms. Banfield should be terminated from her employment with the School Board of Palm Beach County effective July 22, 1987, for misconduct in office and gross insubordination based upon an alleged inability to work in a cooperative manner with her peers and supervisors after repeated counseling and warnings were given to her to adjust her attitude. Whether if there is no basis for discharge, the evidence supports some lesser penalty. Whether Ms. Banfield is entitled to back pay if she is not terminated. Whether an award of attorney's fees is appropriate.
Findings Of Fact Ms. Banfield is a non-instructional employee of the School Board of Palm Beach County. She was initially employed at Pahokee Jr.-Sr. High School as an Office Assistant II on an interim basis, effective September 21, 1981. She resigned from that position effected November 13, 1981. Ms. Banfield was re-employed by the School Board at Pahokee Jr.-Sr. High School an a Media Clerk I, effective August 17, 1982. She was transferred to the position of School Office Assistant II, effective August 4, 1983, and has served in that position since that time. Ms. Banfield received formal evaluations of her work performance on February 17, 1984; June 4, 1984; October 1, 1984; January 10, 1985; June 12, 1986; and June 16, 1987. Ms. Banfield received memoranda from two principals at Pahokee Jr.-Sr. High School (Jack Redding and Eugenia Jones) regarding her work performance. She received these on September 17, 1984, January 24, 1986, and August 29, 1987. On May 11, 1987, Ms. Banfield was involved in a discussion with a classroom teacher at Pahokee Jr.-Sr. High School, Kay Ventura. On June 19, 1987, Ms. Banfield received a notice of suspension with pay, recommendation for suspension without pay, and recommendation for termination of employment based upon the charge of misconduct in office and gross insubordination. The School Board of Palm Beach County suspended Ms. Banfield without pay effective July 8, 1987, pending final action on the superintendent's recommendation for termination. The following Findings of Fact are based on evidence adduced at the hearing. As an Office Assistant II, Ms. Banfield has been assigned to work as a receptionist and secretary in the guidance department of the school which is located in a trailer apart from the main school building. Ms. Banfield is employed under an annual contract of employment which had been renewed yearly. The Superintendent of Schools recommended that Ms. Banfield receive an annual contract of employment for the 1987-88 school year. Before the event which is the focus of this dismissal proceeding, Ms. Banfield had received prior notices that her work performance was inadequate due to the "nasty, harsh, abrupt" manner in which she dealt with persons she came in contact with (Petitioner's exhibit 4, dated September 17, 1984). Ms. Banfield was informed that "unless her performance was entirely satisfactory, her continued employment with the District School Board would be in jeopardy." (id.) On October 1, 1984, her employment evaluation contained the comment that I strongly recommend that you seek to improve the tone quality of your voice, however, improvement is noted. Further improvement is needed. (Plaintiff's exhibit 5) Ms. Banfield was recognized as "a very hard worker," however, (id.) in spite of these criticisms, Ms. Banfield's contract was renewed. By January 1985, the employment evaluation noted that the tone quality of her voice had improved tremendously (Petitioner's exhibit 7). By January 1986, however, the new principal of Pahokee Jr.-Sr. High School, Eugenia Jones, wrote Ms. Banfield about the unpleasant attitude and negative tone of voice Ms. Banfield used in the guidance office and on the telephone. Ms. Jones made it clear that such behavior to parents and visitors to the guidance office was unacceptable. (Petitioner's exhibit 8). The June 1986 employment evaluation of Ms. Banfield pointed out that when informed of deficiencies, Ms. Banfield was pleasant but soon reverted back to the same negative behaviors. It was also noted that Ms. Banfield displayed a negative attitude when given additional assignments, and needed to improve her tone of voice. She was also recognized for knowing her job and keeping accurate records. (Petitioner's exhibit 9). Near the opening of the 1986-1987 school year, Ms. Banfield was given a written reprimand by the school principal as the result of an incident which involved the assistant principal, Mr. Thompson. A parent with a child was at the school office trying to find out where to register. The school secretary asked Ms. Banfield where registration was taking place and Ms. Banfield responded, "In our [the guidance) office" and walked away. The assistant principal saw this, and called Ms. Banfield back to escort the parent to the guidance office. After she had been called the first time she did not respond, so the assistant principal called her again. She told the assistant principal in an arrogant voice, "I said in my office, good God." The assistant principal then told her that he only had called her back to escort the parent to the guidance office. Ms. Banfield replied, "Then send her on." Ms. Banfield later was informed by the assistant principal that a display of an attitude problem in front of parents would not be tolerated, and he made a memorandum of the incident which he sent to Ms. Jones, the principal. (Petitioner's exhibit 10). This resulted in a follow-up reprimand from Ms. Jones to Ms. Banfield pointing out that Ms. Banfield's working relationships, unpleasant attitude, and telephone manners had been discussed with her on numerous occasions and that it was expected that Ms. Banfield would provide a warm welcome to all parents and others visiting the school. (Petitioner's exhibits 11). She was also informed that further incidents would result in proceedings to terminate her employment. Ms. Banfield acknowledges she had received warnings from both her former principal (Mr. Redding) and current principal (Ms. Jones) about her attitude. A classroom teacher assigned to teach educable mentally handicapped students entered the guidance office to leave a note for one of the guidance counselors, Joy Gates, on May 11, 1987. At that time, Ms. Banfield's immediate supervisor, Gwendolyn Johnson, the guidance coordinator for the school, was in her own office which is in the trailer where Ms. Banfield serves as secretary and receptionist. Ms. Johnson was meeting with a classroom teacher, Kent Heitman. The door to Ms. Johnson's office was open. Also present in the office suite was a student assistant, Teresa Young. Ms. Ventura asked Ms. Banfield whether Ms. Banfield had an envelope or piece or paper in which she could cover the note she wished to leave for Ms. Gates. The note had to do with a student and Ms. Ventura wished to enclose it to keep the matter confidential. Ms. Banfield told Ms. Ventura she did not have an envelope or any paper to give her. Ms. Banfield was standing at the copy machine at the time. She was responsible for the operation of the copier. Ms. Ventura approached the copy machine and removed a piece of paper from the tray which was not being used at that moment by Ms. Banfield for copying to enclose the note. Ms. Banfield became very angry with Ms. Ventura and began shouting at her. Ms. Johnson and Mr. Heitman heard the shouting and came out of Ms. Johnson's office. Ms. Ventura then went into Ms. Gates' office and stated that she was not going to put up with Ms. Banfield's conduct. Ms. Ventura closed the door to Ms. Gates' office and respondent continued to shout at Ms. Ventura through that closed door. Ms. Ventura had closed herself in Ms. Gates' office because she was afraid of the respondent. Ms. Gates then entered the trailer and found Ms. Ventura in her office. While Ms. Gates discussed the incident with Ms. Ventura, they could hear Ms. Banfield outside the door talking loudly about what Ms. Banfield was going to do as a result of the incident. It is not clear, however, that there was anyone to whom Ms. Banfield was speaking. Ms. Banfield was obviously extremely upset by Ms. Ventura's self-help in obtaining a piece of paper from the copy machine at which Ms. Banfield had been standing, but which Ms. Banfield had not been using at the time. Ms. Ventura removed the sheet of paper from the feed mechanism. Ms. Banfield's expression of anger to Ms. Ventura, and her continued tirade after Ms. Gates returned to the office and was discussing the matter with Ms. Ventura in Ms. Gates' office, was wholly out of proportion to whatever offense Ms. Banfield believed she had suffered from Ms. Ventura. Ms. Banfield reported the incident to the principal, Eugenia Jones, at the suggestion of Gwen Johnson. When Ms. Banfield discussed the incident with Ms. Jones, she was still speaking loudly, shaking, and enraged. Ms. Jones thereafter requested that the assistant superintendent for personnel relations investigate the matter and recommended that disciplinary action be taken against Ms. Banfield. After the incident with Ms. Ventura, Ms. Gates discussed with Ms. Banfield concerns about Ms. Banfield's behavior. For example, on one occasion Ms. Gates was looking for a form usually kept on a file next to Ms. Banfield's desk. While standing along side Ms. Banfield's desk looking for the form, Ms. Banfield asked Ms. Gates what her problem was and made it clear that she did not want Ms. Gates looking for forms on Ms. Banfield's desk. The forms Ms. Gates was looking for are ones which Ms. Gates uses in the performance of her duties. Ms. Gates had also been told by school personnel that they did not like to come to the guidance office because of Ms. Banfield's behavior. On June 16, 1987, Ms. Jones gave Ms. Banfield a written performance evaluation which found that her conduct was unsatisfactory in dealing with fellow staff members, and on June 19, 1987, informed Ms. Banfield that charges of misconduct in office and gross insubordination were being brought due to Ms. Banfield's deficient record of performance in dealing with others. Ms. Banfield was suspended without pay from her position effective July 8, 1987, and this proceeding ensued.
Recommendation It is recommended that a final order be entered terminating the employment of Ms. Banfield as an annual contract employee with the School Board of Palm Beach County for misconduct and gross insubordination. DONE AND ORDERED in Tallahassee, Leon County, Florida, this 30th day of March, 1988. WILLIAM R. DORSEY, JR. Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1060 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 30th day of March, 1988. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 87-2964 The following are my rulings on the proposed findings of fact submitted by the parties pursuant to Section 129.59(2), Florida Statutes (1985). Rulings on Petitioner's proposed findings of fact are as follows: Covered in Conclusions of Law. Covered in finding of fact 1. Covered in finding of fact 2. Generally covered in finding of fact 3, otherwise rejected as cumulative. Covered in finding of fact 3, otherwise rejected as cumulative. Generally covered in finding of fact 3. Rejected as unnecessary. Covered in finding of fact 4. Covered in finding of fact 4. Generally covered in the final sentence of finding of fact 11. Covered in finding of fact 6. 12-15. Covered in finding of fact 5. 16-18. Covered in finding of fact 7. 19-20. Covered in finding of fact 8. 21-22. Covered in finding of fact 9 and 10. Covered in finding of fact 11. Covered in finding of fact 12. Covered in finding of fact 12. 26-29. Rejected as argument rather than a finding of fact. The Hearing Officer agrees that Ms. Young's version of the incident is not the more credible, and has accepted the version explained in the testimony of Gwendolyn Johnson, Kent Heitman, Joy Gates, and Kay Ventura. Rulings on Respondent's proposed finding of fact. Covered in finding of fact 5. Rejected as unnecessary and irrelevant. Covered in finding of fact 5. Covered in finding of fact 5. Rejected because of the incident recounted by Assistant Principal Thompson did occur as explained by Mr. Thompson in his testimony and his contemporaneous memoranda, and does constitute a behavior problem of Ms. Banfield. Covered in finding of fact 5. Covered in finding of fact 5. Rejected, the version of the event which is accepted is found in finding of fact 5. Covered in finding of fact 7. Covered in finding of fact 7. Rejected because whether Ms. Ventura may be aloof or unfriendly has nothing to do with the extreme reaction of Ms. Banfield, and aloofness would be an inadequate provocation for the reaction exhibited by Ms. Banfield. Rejected as unnecessary. Covered in finding of fact 7. Rejected as unnecessary. Covered in finding of fact 7. Covered in finding of fact 7. 17-18. Rejected because the Hearing Officer finds that at the time Ms. Ventura removed the paper from the feed tray of the copy machine, Ms. Banfield was not operating the copy machine. Generally covered in findings of fact 7. Covered in finding of fact 7 but I do not find that Ms. Ventura slammed the door to Ms. Gates' office. Rejected because the Hearing Officer does not find that Ms. Ventura emerged from Ms. Gates' office and yelled at Ms. Banfield. Rejected because the Hearing Officer cannot accept the version of the incident portrayed in the testimony of Ms. Young. Without ascribing any motivation to Ms. Young, the Hearing Officer find that the more credible testimony was given by other witnesses. Generally covered in finding of fact 10. Covered in finding of fact 10. Covered in finding of fact 2. Covered in the prehearing stipulation. Covered in finding of fact 3. That Ms. Banfield was recognized for performing her job functions is covered in findings of fact 3 and 4. COPIES FURNISHED: Abbey G. Hairston, Esquire Palm Beach County School Board Post Office Box 24690 West Palm Beach, Florida 33416-4690 Mark A. Cullen, Esquire 1030 Lake Avenue Lake Worth, Florida 33460 Thomas J. Mills Superintendent of Schools Post Office Box 24690 West Palm Beach, Florida 33416-4690
The Issue The issue is whether Respondent's Educator's Certificate should be suspended..
Findings Of Fact Respondent has been in the education profession for 31 years. He holds a master’s degree in psychological counseling and a specialist certificate in educational leadership. He has taught, in chronological order, at Lake City Junior High School, Deland Senior High School, Edison Community College, and Cape Coral High School. He has served as an assistant principal at Cape Coral High School, Riverview High School, and Lehigh Senior High School, for a total of eight years. During his career in education, Respondent has not been disciplined and has generally received excellent evaluations. In August 1999, prior to the return of the students or faculty, Respondent was the assistant principal of curriculum at Lehigh Senior High School. This was a difficult period for the school district. It had spent more than it had received during the prior school year, and the superintendent, Dr. Bruce Harter, had had to recommend to the school board difficult cutbacks, including over 90 teaching positions. The school board had adopted these recommendations, and Dr. Harter had implemented them, starting the 1999-2000 school year. In mid August 1999, while working in the common area of the office in preparation for the return of the teachers to school, Respondent was talking with a couple of other school administrators while they were painting school colors in the office. In charge of preparing the master schedule of classes for the school, Respondent was especially upset at the teaching cutbacks. During a conversation among the three administrators, Respondent commented once or twice, “Who do you want to bet will shoot Dr. Harter?” The administrator who recounted this comment walked away to his office to terminate the conversation. He reported that Respondent was not ranting or raving when making the comment and that Respondent did not make these comments in a threatening manner. The administrator has known Respondent since 1988 and has never known him to be dangerous, threatening, or unprofessional. As all persons involved in this case were aware, this comment was especially distasteful because a distraught school teacher had murdered a superintendent a few years earlier. In a school district the size of Lee County, nearly everyone involved in this case had some personal involvement in the tragic loss of the superintendent. For instance, the administrator who recounted the conversation at the school office had known the teacher who had shot the superintendent. A day or two after the first comment, on August 19, 1999, Respondent attended a meeting at another school for the purpose of welcoming the new principals. Respondent was frustrated because he had applied over a dozen times in the past four years for the position of school principal, but had never even been interviewed. In the course of the presentation, a speaker said, “Let’s give Lynn Strong a round of applause.” Ms. Strong was in charge of personnel and had some involvement in the selection process for principals. In response to the speaker’s comment, Respondent muttered, “I’d rather give her a bullet.” This remark was heard only by two or three other administrators, also from Lehigh Senior High School, who were seated at the same table as Respondent. The administrators hearing Respondent’s remark were not so much alarmed, as they were concerned. The consensus among them was that someone should inform the principal of Respondent’s remarks, and the principal should talk to Respondent. On the same day as the latter statement, the principal visited Respondent in his office and told him that he had learned of these statements and that they were inappropriate. The principal warned Respondent that such statements could get him in a lot of trouble. Without denying having made the statements, Respondent said that he had not intended to act on them. Unsure what, if anything, to do next, the principal received a call from someone in the district office, who had heard about Respondent’s statements. Even though he had worked with Respondent for several years and had never known him to behave unprofessionally, the principal decided to report the threat to Ms. Strong and the superintendent. Ms. Strong became frightened by the report. She had known of the murder of the superintendent, as well as a murder of a teacher in the recent past. Ms. Strong stayed in her home all of the ensuing weekend, and her husband escorted her to work for a couple of weeks. She never contacted Respondent about the situation, largely because Ms. Strong’s professional responsibilities encompassed the investigation, but Respondent never contacted her and explained the situation to relieve her of her understandable anxiety. After an investigation, the school district removed Respondent from Lehigh Senior High School and suspended him with pay for nine weeks. After the completion of the suspension, the school district reassigned Respondent to a second-chance school, until his contract expired at the end of the school year. The next year, the principal of Fort Myers High School, who had known Respondent as an effective educational professional for many years, hired him as a teacher. Respondent’s work after the two incidents in August 1999 has earned him praise from his supervisors. The two comments made by Respondent were repulsive, especially given the tragic recent history of violence directed against Lee County education professionals. Assessed in the context of a long, effective career in education, these two incidents stand out as isolated and largely inexplicable. The only partial explanation appearing in the record was that Respondent had, in August 1997, completed counseling for the sudden death from an undetermined cause of his 22-year-old daughter, while she was attending the University of Florida. The question nevertheless remains why a mature professional educator, himself having recently undergone a tragic, recent loss, would choose to express his displeasure with policy and personnel decisions by oblique references to the death of the administrators making these policy and personnel decisions. Based on the prehearing stipulation, Petitioner abandoned its allegation that Respondent is guilty of a violation of the Principles of Professional Conduct for the Education Profession. In any event, Petitioner did not prove by clear and convincing evidence that Respondent is guilty of intimidating or harassing anyone. Petitioner has failed to prove by clear and convincing evidence that Respondent is guilty of gross immorality or moral turpitude. Evaluated in the context of his long professional career in education, these lapses in judgment, although serious departures from good judgment, do not constitute moral turpitude, especially in view of the fact that no one hearing the remarks believed that Respondent intended to do violence to Dr. Harter or Ms. Strong. Petitioner has failed to prove by clear and convincing evidence that Respondent has reduced his effectiveness as an employee of the school board. Absent the willingness of two administrators to work with Respondent following his August 1999 comments, this issue would be more difficult to resolve. However, these administrators have given Respondent the opportunity to demonstrate that he remains an effective educator and has lost none of his effectiveness as an employee of the school board. One’s sense of justice is not offended by Respondent’s removal from administrative duties, nor the likelihood that his resumption of administrative duties will, if ever, be long deferred; however, as a teacher, Respondent remains an effective and valuable employee of the school board, provided he guards carefully against a recurrence of this irresponsible behavior.
Recommendation It is RECOMMENDED that the Education Practices Commission enter a final order dismissing the Administrative Complaint against Respondent. DONE AND ENTERED this 9th day of March, 2001, in Tallahassee, Leon County, Florida. ___________________________________ ROBERT E. MEALE 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 9th day of March, 2001. COPIES FURNISHED: Kathleen M. Richards, Executive Director Department of Education Florida Education Center, Room 224-E 325 West Gaines Street Tallahassee, Florida 32399-0400 Jerry W. Whitmore, Chief Department of Education Bureau of Educator Standards, Room 224-E 325 West Gaines Street Tallahassee, Florida 32399-0400 James A. Robinson, General Counsel Department of Education The Capitol, Suite 1701 Tallahassee, Florida 32399-0400 William R. Scherer III Conrad & Scherer Post Office Box 14723 Fort Lauderdale, Florida 33302 Harry A. Blair Harry A. Blair, P.A. 2180 West First Street, Suite 401 Fort Myers, Florida 33901
Findings Of Fact The Respondent, Raymond Grosneck, is a teacher at Safety Harbor Middle School in Pinellas County. He has been a teacher there for 26 years and has been on continuing contract since August, 1970. (However, his active teacher certificate expired on or about June 30, 1992, and has not been renewed, so he is not teaching during the 1992/1993 school year as of this time.) While a teacher at Safety Harbor, the Respondent's only discipline has been a written reprimand in 1985. See Finding 11, below. On or about March 6, 1992, towards the end of one of the Respondent's classes, two female pupils asked the Respondent if they could "clap" the classroom's chalky blackboard erasers. The Respondent gave them permission. As usual, the pupils bent down and leaned out the classroom window and began clapping the erasers, both against each other and against the side of the outside of the building. While they were doing this, the Respondent warned them not to get any chalk dust on the bricks to either side of the window, as opposed to on the white, painted stucco directly below the window. When they finished, the Respondent walked over to the window to check and saw chalk dust on the bricks. The Respondent angrily confronted the pupils in a loud voice about the chalk and about having disobeyed his instructions. (It is not clear whether he gave his instructions to the two pupils before or after they already got the chalk on the bricks; in any event, both he and other school authorities previously had given the students those instructions.) He asked which of the two did it. When they both denied it, he angrily and in a loud voice ordered the one he suspected to come to the window, where he still was standing, and look at the chalk marks, which he viewed as the proof that she was lying. When the pupil hesitated, he walked over to her and grabbed her upper arm in a motion that had the effect of a combination slap, which made an audible slapping sound, and grab. He then pulled the pupil over to the window, using a jerking motion. The episode resulted in a temporary reddening of the skin of the pupil's upper arm where it had been "slap/grabbed." The Respondent's words and actions upset the pupil. When tears began to well up in her eyes, and the Respondent knew she was about to cry, he told her to go get the assistant principal responsible for the class. Instead, the pupil went, crying on the way, to the nearest washroom to wipe her tears and try to regain her composure. There, she saw another pupil who asked her what happened. When she told him that the Respondent had hit her, he went to get the assistant principal. The assistant principal was not there, but a counselor was, and she was led to the washroom. Soon after, the Respondent came looking for the pupil, as she had not yet returned to the classroom with the assistant principal. When he joined the group, the counselor informed him of the pupil's accusation that he had hit her. The Respondent denied hitting the pupil and insisted on going directly to the assistant principal to resolve the matter once and for all. The assistant principal still was not in his office when the group arrived. In ensuing discussion with some other pupils in the class who had gone looking for the pupil after the period ended to see how she was, some of the other pupils contradicted the Respondent's version of what happened. Angrily, the Respondent stormed out of the office, slamming the door hard enough to jar loose a picture hanging from the office wall. On his way out, the Respondent was heard to say words to the effect that he did not "need this job." During the lunch period that followed, some of the pupils discussed the events that had transpired. About a week later, the Respondent and his attorney met with school administrators and other education officials in the school principal's office concerning the incident. At the meeting, the Respondent was informed as to what the school's investigation of the incident had revealed to that point and as to the charges being considered. As the Respondent and his attorney exited the office, while still in the area of the administrative offices suite, the Respondent was heard by three pupil aides to ask his attorney rhetorically, "was that a bunch of bullshit, or what?" The Respondent did not know that the students were there, but he knew pupil aides ordinarily work there, and he asked the question in a normal tone of voice, not giving thought to the possibility that it would be overheard by pupils at the school. As a result of these incidents, the Respondent's rapport with at least some of his pupils, who began to think that he was "mean," temporarily was impaired. Within a short time, however, he reestablished a good teaching relationship with most, if not all, of his pupils. 1/ For a short time after the incident, the school principal felt it necessary to monitor the Respondent more closely to insure against a repetition. The evidence is not clear whether closer monitoring actually occurred. In any case, no further problems involving the Respondent were observed. The use of corporal punishment by a teacher is against the official policies of the Pinellas County School Board. It also is against the official policies of the Pinellas County School Board for a teacher to lay hands on students to control their movement except as necessary to prevent physical injury to themselves or others. The 1985 reprimand indicates that the Respondent was accused of getting angry and yelling in the face of a pupil for getting chalk dust on several desk tops and then denying doing it. He also was accused of angrily tipping over the desk in which the pupil was sitting and leaning backwards. At the time, the Respondent denied tipping the desk over backwards but admitted losing his temper and losing control of the situation. He agreed to apologize to the pupil for losing his temper. It was not determined whether the Respondent in fact tipped the desk over backwards. Some of the witnesses to the incident said he did, but about the same number said he did not.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the School Board of Pinellas County enter a final order reprimanding the Respondent, Raymond Grosneck, for the matters referred to in Conclusions 18 and 19, but refraining from suspending him. RECOMMENDED this 20th day of October, 1992, in Tallahassee, Florida. J. LAWRENCE JOHNSTON 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 20th day of October, 1992.
The Issue The issue for determination is whether Respondent's teaching certificate should be disciplined for alleged violation of various provisions of Section 231.28, Florida Statutes, and Rule 6B
Findings Of Fact Respondent Clayton McWilliams holds Florida teaching certificate number 653517, covering the area of substitute teaching, which is valid through June 30, 1994. He is 27 years of 1989, from Valdosta State College in Valdosta, Georgia. After a few brief months employment in retail sales in Tallahassee, Florida, Respondent returned to Madison, Florida, where he was born and lived prior to attending college. Respondent returned to Madison in August of 1989, after being contacted by the high school coach there regarding the possible employment of Respondent as an assistant coach at the high school from which Respondent graduated. He was employed in the 1989 County School Board. Subsequently, he was employed by the Board during the 1990 high school. Respondent served as an assistant coach during this period. While serving as a substitute teacher during the 1989 Respondent was responsible for a ninth grade science class. Female students M.B., R.B., J.D., and R.C., were in a group surrounding Respondent's desk, talking with Respondent. All the students in the group were curious about Respondent and asked him such questions as what are you going to coach, are you married, do you have a girl friend, and why did you come back to Madison? Respondent knew many of the students on a first name basis and, in the course of bantering with the group, responded at one point to the students' questions about his private life by asking the students about their social lives, if they kissed their boy friends with their mouths open, and if they used their tongues. There was general laughter from the students, although R.B. didn't think the question was "any of [Respondent's] business." This was the only question or comment that Respondent ever made that bothered R.B. R.B. regarded Respondent's conduct in the ensuing two years as "flirting" and "didn't ever think anything bad about it." The next year when R.B. was in the tenth grade (1990 photograph. Respondent later told R.B. that he stared at the photograph every night. When R.B. was in the eleventh grade and not a student in a class taught by Respondent, Respondent jokingly asked R.B. in the presence of D.C., her boyfriend at the time and an athlete with whom Respondent enjoyed a rapport, why she wanted to date such a "big, old dummy." There were other times that Respondent would see R.B., tell her that she looked nice, wink at her and blow her kisses. During the 1990 M.B., by asking her if she kissed with her mouth open, and would she teach Respondent how to do this. Respondent also told M.B. that she looked beautiful. M.B. was not a student in a class taught by Respondent. During the 1991-1992 school year, M.B. was a high school junior and a varsity cheerleader. Respondent continued to speak to M.B., although she was not his student, when he saw her on the school campus or at sporting events. He continued to ask M.B. about kissing with her mouth open, whether she would teach Respondent how to do this, and when could she teach him. M.B. declined to specify any time or place to meet with Respondent. M.B. did not disclose Respondent's behavior to anyone at this time. On one occasion, M.B. and other eleventh grade students, including her boyfriend, were in the high school library, ordering their class rings. Respondent became involved in conversation with the students and asked M.B. again about teaching him to kiss open would lose his job for M.B. Although he heard these comments, M.B.'s boyfriend considered Respondent to be joking. In the fall of the 1991 Wakulla County for a game which would determine whether the team could compete in the district championship playoff. Upon boarding the bus after the game for the trip home, Respondent was asked by M.B. if he was going to sit with her on the bus. He replied that he would if she saved him a seat. Respondent stored the athletic equipment which he was carrying, returned to the forward section of the bus and assumed the vacant seat beside M.B. Since the team had lost the game, most passengers on the bus were despondent. In the course of the trip, M.B. and Respondent leaned their heads against the back of the seat in front of them and Respondent talked about college and how being from a small high school had been difficult when he had attended the University of Florida before transferring to Valdosta State. Respondent had his hands between his knees as he talked and at one point placed it on M.B.'s knee or patted her knee. She, feeling discomfited by the gesture, brushed his hand away. This was the only time that Respondent touched a student where such touching was interpreted by a student to have sexual significance. Respondent testified that he patted M.B. because she acted as though "something had been bothering her" and characterized the pat as something he would give "football players or baseball players at school." Eventually, M.B. became sleepy and rested her head against the bus window. Respondent in a normal tone of voice offered to let her place her head on his shoulder, but M.B. declined. During the 1991 photographs. On the back of his photograph, Respondent wrote: M., I remember when I first saw you, you struck me as beautiful. I really think you are. You are truly special to me. Please know that I love you. Stay sweet and pretty. Love, Clayton. P.S., Please teach me sometime. Mary Rice, a teacher at the high school, began teaching there at approximately the same time as Respondent. Rice, like Respondent, was single. Rice, like Respondent, enjoyed informal relationships with some students, such as the cheerleaders for whom she served as staff sponsor. The cheerleaders, similar to many students who called Respondent by his first name, referred to Rice as "Mary". She became engaged in October of 1991 to Scott Alley, another teacher who occasionally substituted at the school. Rice and Respondent had a normal collegial relationship. Prior to Christmas of 1991, Rice and Respondent were in the school office discussing what they were getting their significant others for Christmas. Respondent told Rice that he would tell her what he was getting his girl friend for Christmas if Rice would have sex with him. Later in the day, Respondent got down on his knees in the hallway outside of Rice's classroom in the presence of students and asked Rice to "go with me before you get married". While Respondent meant that he wanted to have sex with Rice, he did not explicitly state such in the hallway. Later, Respondent sent Rice a note containing four blanks for letters. According to Rice, the note stated that Respondent would tell Rice what he was getting for his girlfriend for Christmas if Rice would " ". Rice assumed the four blanks to represent a sexually suggestive word. Rice stored the note in her desk drawer. She determined not to tell anyone about the note. In February of 1992, her fiancee, Scott Alley, discovered the note in the desk while he was substituting for Rice. He showed the note to Debra Wetherington, a school secretary, and later asked Rice about the note. Rice was startled that Alley had found the note and became upset. Later, in a telephone conversation initiated by Respondent, he discussed the note with Alley. Respondent apologized to Alley for any misunderstanding about the note, stating that he had written it merely to get a laugh from Rice. Respondent told Alley that he, Respondent, just flirted with everyone and that was "how I broke the ice with everyone." After Respondent's apology, the two men agreed to remain friends. Subsequently, the note was destroyed by Alley. Debra Wetherington, the secretary at the high school, frequently interacts with the teaching staff. Initially, Respondent and Wetherington enjoyed a good working relationship no different than those she shared with other teachers. She had known Respondent all of his life. Over a period of time, Respondent began to flirt with Wetherington, asking her about open mouth kissing. At these times, Wetherington ignored his remarks or laughed them off as a joke. When his behavior persisted, she told him that his conduct bothered her and that he should stop. She never told her husband or any one else about Respondent's attentions, hoping to resolve the matter without confrontation and embarrassment. On or about February 25, 1992, Respondent came into the school office and physically put his arms around Wetherington in a "bear" hug and, according to Wetherington, tried to put his tongue in her ear. Also present in the room were the school resource officer and another office worker. No eyewitness corroboration of Wetherington's allegation that Respondent attempted to put his tongue in her ear was offered at the final hearing and she had not reported this detail in an earlier affidavit regarding the incident. Respondent denies he attempted to put his tongue in her ear. Respondent's testimony is more credible on this point and it is not established that he attempted to put his tongue in Whetherington's ear. Wetherington later complained about Respondent's conduct to Lou Miller, the school principal. Miller called Respondent into her office, discussed the incident with him, and directed him to have no such contact with Wetherington in the future. Respondent apologized for his conduct, both to Miller and Wetherington. While Respondent and Wetherington had no further contact, Wetherington later asked another teacher, Tony Stukes, if Respondent was angry with her since she had not seen or heard from him lately. On or about March 24, 1992, Respondent saw M.B. in the hallway outside the door of his classroom while classes were changing. Respondent spoke to M.B. and told her that he had a dream about her. M.B. went to see Mary Rice, the cheerleading sponsor, who had earlier asked M.B. if she was having any problems with a teacher. Rice had taken this action following the discovery of Respondent's note in Rice's desk by Rice's fiancee. M.B. had confided in Rice about Respondent's previous flirtatious behavior toward her. Rice told her to write down future incidents. After relating to Rice the comment of Respondent about having a dream, M.B. was asked by Rice to go back to Respondent and find out more about the dream. M.B. went into Respondent's class where the students were working on a geography project. An overhead projector displayed the continent of South America on a board. Some students were tracing the projection on the board, preparatory to cutting the shape out of the board. Other groups were cutting out other continents. The lights in the room were turned on. Respondent was sitting at his desk, cutting out the Asian continent. M.B. went to a chair by Respondent's desk and sat down. M.B. was on her lunch break and was not a student in the class. However, in the context of the situation, her entry into the classroom was not that unusual. Respondent had on previous occasions entered an art class where M.B. was a student and had spoken with her or, on some of these occasions, had also spoken with the teacher in the class. After seating herself by his desk, M.B. asked Respondent to tell her about his dream. Respondent replied that he couldn't, but M.B. persisted. Finally, Respondent wrote on a piece of paper, "I had a dream about you and me." M.B. then wrote on the paper, "Well, what happened?" The rest of the written exchange is as follows: Respondent: "Well, all I remember is you were teaching me." M.B.: "Teaching you what?" Respondent: "Guess." M.B. "I don't know. Why don't you tell me what I was supposedly teaching you." Respondent: "How to kiss with my mouth open. I liked it, too. I woke up sweating and holding my pillow to my mouth." M.B. then took possession of the piece of paper on which she and Respondent had been writing, left the class and went back to see Mary Rice. M.B. discussed the matter with Rice. After this discussion, M.B.'s feelings about Respondent solidified and she determined that she detested Respondent. At Rice's suggestion, she then went to see Principal Miller. Miller and School Superintendent Eugene Stokes confronted Respondent with the note. Respondent stated he meant no harm by his conduct, recognized that he had a problem and needed help for his aberrant behavior. After a discussion of options, including suspension or resignation, Respondent thought about the matter overnight and submitted his resignation to Stokes on March 27, 1992. Respondent was told that the matter must be reported to the Professional Practices Commission. Respondent was, however, under the impression that his resignation would conclude the necessity for any further proceedings of a disciplinary nature. Until the time of his resignation, Respondent had received good evaluations. His contract was renewed annually. However, as expressed at final hearing by Miller and Stokes, they would not rehire Respondent in view of his past behaviors which now, in their opinion, would reduce his effectiveness as a teacher at Madison High School. Subsequently, Respondent was informed on May 28, 1992, that an investigation regarding alleged misconduct been instituted by the Professional Practices Commission. In August of 1992, Respondent sought and was appointed to a teaching position in Hawthorne, Florida, at the combined junior/senior high school in that city for the 1992 completion of course work for issuance of a five year teaching certificate from the State of Florida which he received in October of 1992. Dr. Lamar Simmons, the supervising principal at the school in Hawthorne, Florida, where Respondent is presently employed is acquainted with Miller. Simmons contacted Miller at the Madison High School, prior to employing Respondent. Miller informed Simmons that Respondent had been a satisfactory employee. Miller did not disclose Respondent's alleged misconduct to Simmons because she assumed Respondent was receiving professional help for his problem and that the issuance of Respondent's five year certificate indicated that further disciplinary proceedings by the Professional Practices Commission had been abandoned. Respondent later disclosed the instant disciplinary proceeding to Simmons. To date of the final hearing, Respondent continues to teach at the school in Hawthorne without apparent incident.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that a Final Order be entered finding Respondent guilty of the third, fourth, and fifth count of the Administrative Complaint, and placing Respondent's teaching certificate on probation for a period not to exceed three years upon reasonable terms and conditions to be established by Petitioner, including the following requirements: That Respondent present himself for psychological evaluation by a qualified professional selected by Petitioner. That Respondent complete such course of psychotherapy as may be prescribed as a result of that evaluation. That Respondent assume the cost of such evaluation and subsequent therapy, if any. That Respondent enroll and complete a minimum of six hours of continuing education courses in the area of professional conduct for educators. That in the event that Respondent fails to comply with any of the terms and conditions of probation, Respondent's teaching certificate shall be subjected to a period of suspension not to exceed two years, and that compliance with these conditions of probation serve as the prerequisite for any reinstatement of Respondent's teaching certificate in the event that suspension for noncompliance with these conditions occurs. DONE AND ENTERED this 1st day of June 1993, in Tallahassee, Leon County, Florida. DON W. 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 1st day of June, 1993. APPENDIX In accordance with provisions of Section 120.59, Florida Statutes, the following constitutes my specific rulings on proposed findings of fact submitted by the parties: Petitioner's proposed findings 1.-12. Accepted. Rejected as to D.C.'s feelings, hearsay. Accepted. (Note: this is the second finding numbered 13.) Rejected as to "two or three times", accepted as to touching on the knee one time, on the basis of resolution of credibility on this point. (Note: this is the second finding numbered 14.) Accepted. Accepted in substance, not verbatim. 16.-18. Accepted. Rejected as to tickling reference since no sexual significance was ascribed by M.B. to this action, she did not supply a point in time when this occurred and inclusion would imply a significance not proven at the final hearing. Rejected, unnecessary. 21.-23. Rejected, subordinate to Hearing Officer findings on this point. 24.-42. Accepted, but not verbatim. 43. Accepted as to bear hug, remainder rejected on basis of creditibility. 44.-57. Accepted, but not verbatim. Respondent's proposed findings 1.-20. Accepted, but not verbatim. 21. Rejected, unnecessary. 22.-23. Accepted, but not verbatim. Rejected, unnecessary. COPIES FURNISHED: Margaret E. O'Sullivan, Esquire Department of Education 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Thomas E. Stone, Esquire Post Office Box 292 Madison, Florida 32340 Karen Barr Wilde Executive Director Education Practices Commission 301 Florida Education Center 325 W. Gaines Street Tallahassee, Florida 32399-0400 Jerry Moore, Administrator Professional Practice Services 352 Florida Education Center 325 W. Gaines Street Tallahassee, Florida 32399-0400 Sidney H. McKenzie, Esquire General Counsel Department of Education The Capitol PL-08 Tallahassee, Florida 32399-0400
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following facts are found: On February 5, 1982, respondent was preparing to administer to his students a math test which had begun the day before. While passing out the tests, respondent announced to the class that there was to be no more talking and that anyone who did talk would be sent to the Dean's office. In a voice described as "loud" and "smart-alecky," student John Lindsay said "What?" Respondent told student Lindsay to leave the room. Lindsay replied that he would not leave the room without a referral slip. Respondent told Lindsay he would not give him a referral slip because he could not be trusted with one. On other occasions, respondent had sent Lindsay to the Dean's office with a referral slip and neither Lindsay nor the referral slip reached the office. Lindsay did not leave the room at that time. Respondent was seated at his desk attempting to watch his students who were taking the test and also write passes for other students who were going to another room to study. Lindsay came up to respondent's desk and demanded a pass or a referral slip. Respondent told Lindsay to "get out of my face," meaning to convey that Lindsay was obstructing his vision of the students who were taking the test. Lindsay replied that he did not want to be in respondent's "ugly face anyway." At this point, some students in the class began to laugh. Lindsay apparently returned to a desk located in front of the respondent's desk, and respondent continued to write passes and watch the students who were taking the test. As respondent was writing referrals or passes, student Lindsay came up quickly to respondent's desk with his arm extended to pick up the referral slip. Respondent rolled back in his chair, rose and quickly grabbed for the referral slip on his desk at the same time Lindsay was reaching for it. As respondent did this, his chair slid backward and his desk moved forward. Lindsay moved his head backward and respondent's hand lightly brushed Lindsay's left shoulder with no damage resulting to the student. Lindsay thereafter turned toward the class and laughingly said "did everybody see that now." Respondent reached for a button which calls the Dean's office and Lindsay left the room with another student. The students who witnessed the incident from various positions in the room observed a swinging action with a fisted hand directed toward Lindsay by the respondent, who appeared to be angry at the time. This testimony is not inconsistent with the testimony that respondent was rising from his chair and grabbing for a piece of paper at the same time that student Lindsay was standing in front of his desk and reaching for the same piece of paper. It is the policy at Lakewood Senior High School that when a student is sent to the Dean's office, the teacher is to send a disciplinary referral slip with the student. On occasions, a student is sent first and the referral slip follows. Corporal punishment is to be administered only by the school principal or his designee and only in the presence of another adult. Respondent Ponsell P. Howell is 62 years old and has been a mathematics teacher for over 19 years. He has never been charged with or accused of striking a student. He plans to retire from teaching at the end of this school year.
Recommendation Based upon the findings of fact and conclusions of law recited herein, it is RECOMMENDED that the charges against respondent of misconduct in office be DISMISSED. Respectfully submitted this 24th day of May, 1982, in Tallahassee, Florida. DIANE D. TREMOR, 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 24th day of May, 1982. COPIES FURNISHED: William Borja, Esquire Suite 204 501 South Fort Harrison Clearwater, Florida 33516 Lawrence D. Black, Esquire 152 Eighth Avenue South West Largo, Florida 33540 B. Edwin Johnson, Esquire 1960 East Druid Road Post Office Box 4688 Clearwater, Florida 33518
