The Issue Should discipline be imposed on Respondent's Florida Educator's Certificate No. 878226, based upon the allegations in the Amended Administrative Complaint, Case No. 034-0140-Q, before the State of Florida, Education Practices Commission?
Findings Of Fact Respondent holds Florida Educator's Certificate No. 878226, covering the areas of chemistry, which is valid through June 30, 2004.2/ At all times pertinent hereto, the Respondent was employed as a science teacher at Gulf Coast High School Charter, in the Escambia County School District. STIPULATED FACTS Gulf Coast High School (GCHS) conducted a field trip to Pensacola Beach on May 10, 2002. No certified lifeguards were employed by GCHS for the May 10, 2002 beach field trip. GCHS conducted a similar field trip to Pensacola Beach in April 2001. For the April 2001 (trip), GCHS claims it employed two certified lifeguards. Fifty-eight students attended the May 10, 2002 beach field trip. The following eight GCHS employees accompanied the students to the beach: Russell D. Bourne, Transportation Supervisor --"Mr. Bo" Deanna Jones, Science Teacher Felicia Churchwell, English Teacher Anthony Bassett, Social Studies Teacher Alphonso Lewis, Behavioral Tech Minnie Robertson, Secretary/Attendance Clerk Ray Steven White, Student Services Specialist Melvin Burnett, Behavioral Tech Mr. Burnett left the field trip around lunch time, before the drowning took place. For each student attending the beach field trip, parents signed a field trip authorization form and attached a $5.00 payment for expenses. The beach field trip form specifically stated the student would be going to the beach and that a "certified lifeguard would be on duty." Although the field trip was planned by Assistant Principal Kevin Jones, the person in charge at the beach was Felicia Churchwell, a second-year English teacher. Ms. Deanna Jones took no part in planning the field trip. Both Assistant Principal Kevin Jones and Trip Supervisor Churchwell attended last year's beach trip (the 2001 trip) and knew lifeguards were on duty at that time. Neither Assistant Principal Kevin Jones, nor any other employee of GCHS polled students to ascertain whether students could or could not swim. Neither Assistant Principal Kevin Jones, nor any other employee of GCHS polled employees to ascertain whether the employees attending the field trip could or could not swim. Prior to leaving the school on May 10, 2002, the fifty-eight students were shown the safety video: A Safe Visit to the Beach. The video described the meaning of the beach flag system and provided information on how to manage dangerous surf conditions such as rip tides. Aside from a viewing of the video, Assistant Principal Kevin Jones' only other precautionary instruction to the students was that they were not to go into the water deeper than their navels. The students boarded two GCHS buses and were taken to the gulf side of the beach near the entrance to Fort Pickens. They arrived at the beach at approximately 10:30 a.m. Ms. Deanna Jones immediately advised Ms. Churchwell and other staff that no lifeguards were on duty and yellow flags were flying. Ms. Churchwell stated that she was not concerned that a lifeguard was not present. Students remained in the water for nearly an hour and a half before being called out of the water for a lunch break. All students left the water for lunch. The students were permitted to return to the water following the lunch break at approximately 12:45 p.m. Two staff members, Ms. Deanna Jones and Mr. Alphonso Lewis, stayed at the pavilion. Mr. Lewis was cleaning up from lunch and Ms. Jones was watching the students who were still eating. The remaining staff members returned to the beach to monitor the students who were either sitting or standing near the water's edge observing the students. Some students began to go out into deeper water, venturing beyond the sandbar approximately ten to fifteen yards from shore. At that time Social Science teacher Anthony Bassett began to yell to the students to get out of the water. Students Isaiah Baker, Colan White, Johnny Smith, Ryan Dumas and the decedent, Earl Beasley, were together in the water. No staff person observed the decedent in any danger. No staff person observed the decedent drown. Staff at the beach determined the decedent was missing only after students leaving the water indicated the decedent was missing. Initially GCHS staff believed the decedent could have been in the rest room. When the decedent could not be located, Anthony Bassett called 911. No GCHS personnel, except Alphonso Lewis, entered the water to search for the decedent. Mr. Lewis traveled to the sand bar, but was discouraged from going further by another GCHS employee due to the dangerous surf. Mr. White searched the water visually through the zoom feature on his camera. Rescue personnel arrived with jet skis about ten minutes after the 911 call was made. The decedent's body was found submerged ten to fifteen minutes later approximately fifty yards off shore. Rescue personnel performed CPR at the scene and Life Flight took the decedent to Gulf Breeze Hospital. Earl Beasley was pronounced dead thirty minutes later. ADDITIONAL FACTS On February 26, 2002, Respondent commenced her employment at GCHS. During employment at GCHS Respondent had not been told about school policies in relation to serving as a chaperone on a field trip for the student body. The persons responsible for planning the May 10, 2002 outing for the school were Kevin Jones, the assistant principal, and Felicia Churchwell, an English teacher. Mr. Jones and Ms. Churchwell did not delegate to Respondent any planning or organizational responsibilities associated with the field trip. In that connection, Respondent was not called upon to determine whether the students could swim. Respondent was not called upon to arrange for a lifeguard to be in attendance at the outing. Assistant Principal Jones did not attend the field trip. Ms. Churchwell was placed in charge of the field trip and served as supervisor at the beach. Respondent had no supervisory authority or control over other persons who served as chaperones on the field trip. Respondent was required by Assistant Principal Jones to attend the field trip as a chaperone. Assistant Principal Jones had informed Respondent of the duty to act as chaperone a couple of days before the field trip. It was the intent of Assistant Principal Jones that all students who would participate in the field trip watch the video on safety. After the students watched the video Mr. Jones told the students that they should not go deeper in the water than their belly buttons. Earl Beasley did not view the safety video. But he was allowed to go on the field trip. There is no indication in the record that Respondent participated in the decision to allow Mr. Beasley to participate in the outing without a knowledge of the instruction presented in the safety video. When the party arrived at the beach, there was a lifeguard stand but no lifeguard. The lifeguard stand had a sign displayed indicating that the lifeguard was not on duty. A yellow flag was displayed reminding swimmers to proceed with caution. When Respondent told other chaperones, to include Ms. Churchwell about the absence of the lifeguard, those other persons responded that they knew that the lifeguard was not on duty. Before lunch Respondent spent time down by the water watching students in her role as chaperone. Some students were in the water, others were not. Some students were observed violating the assistant principal's instruction not to go deeper than their belly buttons. Respondent called out to those students who exceeded the depth allowed. The students came closer to the shore where they could understand what was being said. Respondent then told them that Mr. Jones had said that they could not go above their belly buttons. Beyond the time at which she had offered this reminder to stay within the bounds for depth, Ms. Churchwell allowed the students to return to the deeper water. Later in the morning Respondent reminded the students another time to not go so deep in the water. By that point the water was becoming more choppy. A short time later the students were called for lunch. The students went to a location behind the sand dunes away from the beach, where a picnic area was located to have their lunch. The students were required to remain out of the water for a period of time beyond the point in time when they ate their lunch. From the picnic area, one could not see the immediate shoreline because of the dune height. Respondent remained in the picnic area after lunch to watch some students who had remained in that area. Respondent became aware that Earl Beasley was missing when people began to approach the picnic area by coming across the boardwalk that topped the dune. These persons were trying to find the missing student in the restroom areas adjacent to the picnic area. Respondent was told words to the effect that Earl Beasley was in the water and in distress. Having been told about Mr. Beasley's circumstances, Respondent returned to the beach. She observed that the water was even rougher than it had been before. Respondent was prepared to assist in the attempt to rescue Mr. Beasley. She decided against this course given the water conditions. The efforts of others to save Mr. Beasley were not successful.
Recommendation Upon consideration of the Findings of Fact and Conclusions of Law reached, it is RECOMMENDED: That a final order be entered dismissing Counts 1 through 3 of the Administrative Complaint, upon a finding that Respondent has not violated Section 1012.795(1)(f) and (i), Florida Statutes (2002), nor has she violated Florida Administrative Code Rule 6B-1.006(3)(a).3/ DONE AND ENTERED this 13th day of April, 2005, in Tallahassee, Leon County, Florida. S CHARLES C. ADAMS 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 13th day of April, 2005.
The Issue The issue is whether Respondent’s employment with Petitioner as a high school principal should be terminated.
Findings Of Fact Beginning in 2011, Respondent was employed by Petitioner as the principal of Spanish River High School (“SRHS”). As the principal of SRHS, Respondent was required to “perform such duties as may be assigned by the district school superintendent pursuant to the rules of the school board, [including] rules relating to administrative responsibility, instructional leadership in implementing the Sunshine State Standards and the overall educational program of the school to which the principal is assigned.” § 1012.28(5), Fla. Stat.; Palm Beach Sch. Bd. Policy 1.014. The educational program which principals are charged with implementing is defined by Florida law. Section 1003.42(1), Florida Statutes, requires school boards to provide “all courses required for middle school promotion, high school graduation, and appropriate instruction designed to meet State Board of Education adopted standards [in the subject areas of reading and other language arts, mathematics, science, social studies, foreign languages, health and physical education, and the arts].” Additionally, the State of Florida requires “members of the instructional staff of the public schools” to teach certain specified subjects “using books and materials that meet the highest standards for professionalism and historical accuracy.” § 1003.42, Fla. Stat. These specifically required teachings, which are defined and described in varying degrees of detail, include: the “history of the state”; “conservation of natural resources”; “the elementary principles of agriculture”; “flag education, including proper flag display and flag salute”; the “study” of Hispanic and women’s contributions to society; kindness to animals; the “history and content of the Declaration of Independence, including national sovereignty … and how [these concepts] form the philosophical foundation of our government”; the “history, meaning, significance and effect of the provisions” of the United States Constitution; the “arguments in support of adopting our republican form of government, as they are embodied in the most important of the Federalist Papers”; and “the nature and importance of free enterprise to the United States economy.” Section 1003.42(2)(f) requires the teaching of the history of the United States, including the period of discovery, the Civil War, and the civil rights movement to the present, and includes the following direction: American history shall be viewed as factual, not as constructed, shall be viewed as knowable, teachable, and testable, and shall be defined as the creation of a new nation based largely on the universal principles stated in the Declaration of Independence. Section 1003.42(2)(h), which requires Florida educators to teach the “history of African-Americans,” specifically requires instruction on: The history of African Americans, including the history of African peoples before the political conflicts that led to the development of slavery, the passage to America, the enslavement experience, abolition, and contributions of African Americans to society. Instructional materials shall include the contributions of African Americans to American society. The teaching of the history of the Holocaust is mandated by section 1003.42(2)(g), which provides: (2) Members of the instructional staff of the public schools, subject to the rules of the State Board of Education and the district school board, shall teach efficiently and faithfully, using the books and materials required that meet the highest standards for professionalism and historical accuracy, following the prescribed courses of study, and employing approved methods of instruction, the following: * * * (g) The history of the Holocaust (1933-1945), the systematic, planned annihilation of European Jews and other groups by Nazi Germany, a watershed event in the history of humanity, to be taught in a manner that leads to an investigation of human behavior, an understanding of the ramifications of prejudice, racism, and stereotyping, and an examination of what it means to be a responsible and respectful person, for the purposes of encouraging tolerance of diversity in a pluralistic society and for nurturing and protecting democratic values and institutions. The curriculum for teaching the Holocaust at SRHS included an assembly which all tenth-grade students were required to attend. Schools have discretion in constructing a curriculum. The school’s principal is responsible for determining the contents of the curriculum. A school is not required to have a Holocaust assembly as part of its curriculum, but if an assembly is part of the curriculum, the assembly must be mandatory. A Holocaust assembly was “part of [SRHS’s] mandatory curriculum for tenth- graders.” On April 13, 2018, the mother of a rising SRHS tenth-grader wrote to Dr. Latson “to discuss the Florida Mandate to include Holocaust Education each year in the student’s curriculum” and specifically to ask “in what ways/classes is Holocaust education provided to all of the students.” Dr. Latson answered the parent in an email which included these statements: [A]s far as [H]olocaust studies and the curriculum it can be dealt with in a variety of ways. The curriculum is to be introduced but not forced upon individuals as we all have the same rights but not all the same beliefs. Each year we do a Holocaust assembly and we target the 10th graders so every year that group will get a day[‘]s work with the [H]olocaust. We advertise it to the tenth grade parents as [there] are some who do not want their children to participate and we have to allow them the ability to decline. The parent replied to Dr. Latson in another email: Please clarify your statement: “The curriculum is to be introduced but not forced upon individuals as we all have the same rights but not all the same beliefs.” The Holocaust is a factual, historical event. It is not a right or a belief. Dr. Latson responded with the following statements: The clarification is that not everyone believes the Holocaust happened and you have your thoughts but we are a public school and not all of our parents have the same beliefs so they will react differently, my thoughts or beliefs have nothing to do with this because I am a public servant. I have the role to be politically neutral but support all groups in the school. I work to expose students to certain things but not all parents want their students exposed so they will not be and I can’t force the issue … . I can’t say the Holocaust is a factual, historical event because I am not in a position to do so as a school district employee. I do allow information about the Holocaust to be presented and allow students and parents to make decisions about it accordingly. I do the same with information about slavery, I don’t take a position but allow for the information to be presented and parents to be parents and educate their students accordingly. I am not looking for a situation to divide but just to let all know I don’t have a position on the topic, as an educator. My personal beliefs are separate and will always have no place in my profession. This is a very touchy subject, one I have had conversation with Rabbi Levin about. I am simply letting you know all we can do as a public school within our ability. Dr. Glenda Sheffield, who currently is Petitioner’s chief academic officer, was, at all times relevant to this matter, the instructional superintendent for Petitioner’s south region, which included SRHS. In that earlier position, Sheffield was the immediate supervisor of the principals of more than 20 middle and high schools located in the south region, including Dr. Latson. Sheffield reported to Dr. Ian Saltzman who was the regional superintendent for the south region. Saltzman reported to Mr. Keith Oswald. Oswald, at all times relevant to this matter, was Petitioner’s deputy superintendent of schools. Oswald’s duties included supervision of the regional and instructional superintendents who supervise the schools. Oswald was made aware of the email exchange between Dr. Latson and the SRHS parent by Dianna Fedderman, Petitioner’s assistant superintendent for curriculum, who had been told of it by Maureen Carter, Petitioner’s Holocaust program planner, to whom the parent had forwarded the emails. Carter and Fedderman expressed concern about the content of the emails, which Oswald shared. He forwarded the email chain to Saltzman and Sheffield to take action. Oswald directed Saltzman and Sheffield to keep him informed about the counseling they were giving to Dr. Latson, to address the Holocaust studies at the school to strengthen them, and to meet with the parent and address her concern. The Palm Beach County School District (“District”) did not publicize Dr. Latson’s emails, deciding the matter would be handled at the regional level. Dr. Latson was not disciplined for his statements to the parent. He was, however, counseled. Dr. Latson’s counsel described the coaching as advising Dr. Latson of the need for “more circumspect e-mail, e-mail composition to parents.” Dr. Latson testified that the “only criticism” he received was that he “could have worded a better email.” Sheffield did not feel the need to address the teaching of the Holocaust at SRHS because she knew from her own experience that the subject was, in fact, infused in the school’s curriculum. She, therefore, focused her work with Dr. Latson on what she considered to be his poor choice of words. Sheffield did work with the parent for “quite some time.” Between April of 2018 and July of 2019, there were numerous meetings and interactions among and between Sheffield, Saltzman, Carter, Fedderman, and the parent. Dr. Latson had no doubt that the District was supportive of him during this time and, again, the “only criticism” he received was that he “could have worded a better email.” Dr. Latson’s perception was that his emails to the parent were “not clear [and as I read them] some of the things weren’t clear and some of it, in retrospect I could have just left out.” Dr. Latson felt that his words to the parent “obviously gave her the belief that [he] did not believe in the Holocaust, [and he] was just saying [he] wasn’t going to affirm or deny it.” “[S]he kept bringing it back up, so that gave [him] the opinion that she didn’t understand what that meant, even after it was clarified.” When Sheffield was coaching Dr. Latson, she was not aware that he was allowing students to opt out of the Holocaust assembly because the students’ parents did not want the students to be exposed to the contents of the assembly. There is some confusion on this point because Dr. Latson says he never said directly that a student might “opt out” of an assembly with his blessing, but that parents were always free to keep their children home from school for any reason (including not wanting them exposed to the serious nature of the assembly), subject only to District attendance requirements. There is no District or SRHS provision authorizing a parent to opt out of instruction on the Holocaust. If a principal were to allow that practice, she believed he would not be enforcing the mandatory curriculum for the Holocaust. Oswald, who was to be kept informed of the efforts of Saltzman and the others, was told that Dr. Latson had acknowledged that his words were inappropriate. Like Sheffield, Oswald was not aware that Dr. Latson was allowing parents who wished to avoid the Holocaust assembly to “opt out” of it. On May 9, 2019, the same parent sent an email to Saltzman and copied Superintendent Fennoy, Oswald, and Sheffield about a meeting held on May 6, 2019, attended by the complaining parent and School District personnel. The email included the following statement referring specifically to Dr. Latson’s statements in his April 2018 emails: There is one major issue that was not resolved at the meeting, and we do not think there is any resolution other than to remove Mr. Latson as principal from [SRHS]. Mr. Latson made his thoughts very clear at the meeting. When he tried to explain that he thinks his statements in his offensive and erroneous emails last year were misunderstood, he ended up reiterating his offensive and erroneous views. Saltzman informed Oswald that the way the parent characterized the meeting of May 6, 2019, was not accurate. The District, therefore, gave no consideration to the parent’s call for Dr. Latson’s removal from his position at SRHS and took no action in response to the parent’s email. On July 5, 2019, the Palm Beach Post (“Post”) published an article headlined, “Spanish River High’s principal refused to call the Holocaust a fact: A mother pushed for a year to address what she described as a school leader’s failure to separate truth from myth.” Petitioner was aware before its publication that the article was being written. Oswald made a statement to the reporter writing the story. Oswald’s comments were reported in the article: Oswald, who oversees all the county’s principals, said he agreed with the mother that Latson’s email messages were inappropriate but were not reflective of who he was as an educator. Latson, he said, is a popular school leader whose school does more Holocaust education than most campuses and has led the school successfully for years. He should not be judged, he said, solely by a pair of email messages. “It was a hastily, poorly written email that he apologized for,” Oswald said. “That’s some of the challenge that we face when we email back and forth instead of picking up the phone.” Dr. Latson was also aware that the article was being written. The District’s communications director, Claudia Shea, worked with him to prepare a statement to be given to the writer. That statement was reported in the article: In a statement to The Post, Latson apologized for the way he expressed himself in his emails, saying it was not indicative of his actual beliefs or regard for historical fact. “I regret that the verbiage that I used when responding to an email message from a parent, one year ago, did not accurately reflect my professional and personal commitment to educating all students about the atrocities of the Holocaust,” Latson wrote. “It is critical that, as a society, we hold dear the memory of the victims and hold fast to our commitment to counter anti-Semitism,” he continued. He pointed out that [SRHS’s] educational offerings on the Holocaust exceed the state’s requirements. The Holocaust is taught, he said, in ninth- and 10th-grade English classes, as an elective course and in an annual assembly featuring a keynote speaker. The reaction to the publication of the article on July 5, 2019, was “complete outrage, chaos.” Oswald testified to the article’s impact: Q. Can you tell us how it was expressed? A. It was expressed … phone calls, e-mails, meeting with State representatives, locally to the White House. It was completely consuming of all my time on the following days. Q. The following day being the 6th? A. There and forward. The public reaction to the publication of the article and its impact on the District is not disputed. Dr. Latson himself acknowledged it in an email he sent to Oswald and others in the District at 3:36 p.m. on Saturday, July 6, 2019: The release of this article is having the effect the parent who wants to discredit me desired. It is causing a rift in the community, students and parents are attempting to defend me to those in the community who do not know me. I am not the public relations expert but I am wondering if something should come out from me to clear this up. Me not saying anything is fueling questions in the community. I am getting this daily from parents. My parent groups are trying to stop the negativity but they are asking if a statement can come out from me addressing this issue. They state that I have always been vocal and got ahead of things so it is the parents[‘] expectation to hear from me and not doing so is causing questions. Your thoughts? In response to Dr. Latson’s email, Oswald telephoned, telling him “not to make any statements and to not say anything and that we are working internally with the communications department about this.” Oswald specifically directed Dr. Latson not to make any further contact at that time. Oswald told Dr. Latson that they would talk on Monday, July 8, 2019. Dr. Latson testified that Oswald emailed his response to Dr. Latson’s July 6, 2019, email. No such email from Oswald was produced, but Dr. Latson’s telephone records indicate that he received a telephone call from Oswald on July 6, 2019, at 4:56 p.m., which lasted eight minutes. Dr. Latson acknowledged that this telephone call could have been Oswald’s response to his email. In any event, he did confirm being told that “we weren’t going to respond” to the article. The District continued to support Dr. Latson after the article was published. Before he left for vacation, he received a phone call from Sheffield, who told Dr. Latson that she was supporting him. Sheffield, having taken her current position as chief academic officer, was not Dr. Latson’s supervisor on July 6, 2019. She learned of the article’s publication while traveling back from her vacation. She nevertheless called Dr. Latson to ask how he was faring and to tell him to “hold [his] head high” and “[w]e’re going to get through this working together.” In the telephone conversation, Dr. Latson expressed the hope that “this doesn’t ruin [his] reputation.” He also spoke with Dr. Arthur Johnson, the representative of the principal’s association and his friend and former superintendent. Johnson told Dr. Latson to “hold on and let’s see what’s happening.” On Monday, July 8, 2019, Oswald called Dr. Latson at 7:36 a.m., and they spoke for five minutes. Oswald told Dr. Latson that the “Post article was starting to cause somewhat of a problem for [Oswald] and the District and [Oswald] wanted me to take a voluntary reassignment.” Dr. Latson told Oswald that he “needed to discuss [the reassignment] with [his] family” because he believed that his voluntary acceptance of a reassignment meant that the District could place him where they wanted and that might affect his compensation, and he “had an issue with that.” There is some variance between Dr. Latson’s testimony that he informed Oswald he would “try to get back” to him by noon, and Oswald’s testimony that Dr. Latson “stated he would get back to him that morning.” Dr. Latson admits “that Oswald requested a call back by noon.” Dr. Latson testified that, because he was on vacation, he was not obligated to call Oswald back before noon and, also, testified that, if he had been told to contact Oswald, that would be a directive he had to obey. It is, however, undisputed that Dr. Latson at least told Oswald he would “try” to get back to him by noon and undisputed that, even though he spoke with “individuals” about the reassignment, he made no effort to communicate with Oswald before noon of July 8, 2019. After speaking with Dr. Latson at 7:36 a.m., Oswald attempted to communicate with him no fewer than six times before noon on July 8, 2019, because of the urgency of the worsening situation. Oswald called Dr. Latson at 8:21 a.m., 9:35 a.m., 10:32 a.m., and 10:42 a.m., and texted him at 8:22 a.m. and 10:32 a.m. When Dr. Latson did not answer the telephone calls, Oswald left voicemails, increasing with urgency, saying the situation was escalating and asking him to return his call. In response to an automated text sent from Dr. Latson’s phone-- indicting he was driving and could not receive notifications, but informing the caller to “reply urgent” to send a notification with the original message-- Oswald texted him the word “urgent” twice at or around 10:32 a.m. Oswald received no response from Dr. Latson. Between 7:36 a.m. and noon on July 8, 2019, Dr. Latson placed nine and received four telephone calls to and from friends, family members, colleagues, and Johnson. Apparently, his cellular phone was functioning during this time. At approximately 12:33 p.m., not having heard back from Dr. Latson, Oswald sent Dr. Latson a text and an email informing him that Oswald was reassigning him to the District Office. Dr. Gonzalo La Cava, Petitioner’s chief of human resources, also left Dr. Latson a voicemail about the reassignment. Oswald’s text to Dr. Latson was as follows: “I have left you numerous messages to contact me. I am reassigning you to the district office. Please call me ASAP.” Dr. Latson’s argument, as opposed to his testimony, explaining his failure to respond to Oswald on July 8, 2019, is inconsistent. Dr. Latson initially justified his lack of a response to Oswald by arguing that the text he received from Oswald about being removed as principal of SRHS “did not seem to invite a response.” In fact, that text closed with the words, “Please call me ASAP.” In his Answer, Dr. Latson alleged that after he received the message about the re-assignment, he “attempted to email Oswald, but the message did not go through.” At hearing, Dr. Latson testified that he tried to text Oswald around 12:30 p.m., but the text did not go through. He also testified that he attempted to email Oswald at 9:30 p.m. from Jamaica. Dr. Latson explains his lack of response to Oswald by saying he was already on the phone whenever Oswald was trying to call and the calls could not have gone through. His telephone records, however, showed that other calls he was making during this time were interrupted and he was able to connect with the incoming caller. It is undisputed that Dr. Latson received Oswald’s communication telling him that he was being reassigned to the District Office. He admits he told Oswald he would “try” to get back to him specifically to tell Oswald whether he would accept the voluntary assignment. Dr. Latson’s failure to respond to Oswald’s several attempts to speak with him is consistent with a decision not to accept the voluntary reassignment. Contradicting testimony was given at hearing regarding whether Dr. Latson’s request to travel to Jamaica in July had even been approved or known about by Petitioner. A District spreadsheet showing a week-long leave beginning July 8, 2019, was offered into evidence and removed any doubt as to whether Dr. Latson was on recognized or approved leave. The public reaction that followed publication of the July 5, 2019, article was somewhat lessened by news of Dr. Latson’s reassignment, and, “after he was reassigned, there was some calming in the District.” The reassignment was widely publicized. The New York Times published an article datelined July 8, 2019, under the headline, “Principal Who Tried to Stay Politically Neutral About Holocaust Is Removed.” Although he did not respond to Oswald, Dr. Latson did email the faculty and staff at SRHS. The email was obtained by the author of the July 5, 2019, article. His email opened with the paragraph: I have been reassigned to the district office due to a statement that was not accurately relayed to the newspaper by one of our parents. It is unfortunate that someone can make a false statement and do so anonymously and it holds credibility but that is the world we live in. Dr. Latson describes his email as “a necessary and righteous denial of a false allegation.” He describes the “false statement”--the statement that was “not accurately relayed to the newspaper by a parent”--to be that “I was hesitant and I wouldn’t--I avoided confrontation with Holocaust deniers [and] that was not true [and] it also stated that, you know, I denied that the Holocaust occurred [and] that’s not true.” “She can fear my reluctance, but I had no reluctance, so that would be an incorrect statement.” However, in explaining his reasoning, Dr. Latson admits that the statements of the parent contained in the article were reported as the parent’s opinion and that, although she did not doubt that he knew the Holocaust was real, she “feared” that his reluctance to say so stemmed from a desire to “avoid confronting parents who deny the Holocaust reality.” He also made clear that the “statement” that was “relayed” by the parent to which he referred in his email to staff were, in fact, the statements that he had written in April of 2018. Dr. Latson believes that as an educator mandated by law to teach the history of the Holocaust, he is required--by the very statute which imposes that duty, to be tolerant of those who would deny that the Holocaust is historical fact, to the point of allowing some to avoid attending Holocaust remembrance assemblies required of all students. In his email to the complaining parent, Dr. Latson wrote that he could not, as a school district employee, say “the Holocaust is a factual, historical event.” At hearing, he testified that, although he could as a District employee state whether he believes the Holocaust to be a fact, he had the “option to be politically neutral.” In his email to the parent, Dr. Latson wrote that he advertised the tenth-grade Holocaust assembly “as there are some who do not want their children to participate and we have to allow them the ability to decline.” At hearing, Dr. Latson testified that he advertised the assembly so parents would know, in case a teacher marked a child who was attending the assembly absent. He testified that some parents do not want their children to attend the Holocaust assembly because of the graphic nature of the teaching materials used, and he is not “going to force a child to sit in a room where their parents don’t want them to be.” The District’s absence policy can be used to allow students to stay home from school during the Holocaust remembrance assembly, if the parents so desire. He believes that the statute mandating the teaching of the Holocaust as history requires that he be tolerant of those who do not want their children to be shown the graphic images of the atrocities, but that they could still learn from the required teachings through other means. Dr. Latson sent an email to faculty and staff at SRHS on the afternoon of July 8, 2019. Oswald, Fennoy, and the District did not learn of Dr. Latson’s statement concerning the complaining parent in this email until late that evening. Dr. Latson testified it was a common practice for principals leaving a school to inform the staff of their departure so they can prepare themselves for a change in administration, which generally means that an entering principal might do things a bit differently. He believed it was important to deliver the message of his leaving as early as possible. He admitted he wrote the email to staff quickly and did not take the time to fully consider the repercussions of his words regarding the complaining parent. He was frustrated that he had lost the support of the District at the time he wrote the email, after having received their support prior to that time. He admitted he did not do a good job of expressing his frustration, but he never believed the email would be seen by anyone but the faculty and staff at SRHS. While news of Dr. Latson’s reassignment had dampened the public reaction which the District was dealing with after publication of the July 5, 2019, article, Dr. Latson’s statement in the email re-energized the public. Instead of reconciliation over his poorly worded April 2018 emails, Dr. Latson’s placement of blame on the parent undermined the apology and made matters worse. There was “complete outrage [by District personnel] that he would do that to a parent.” An article which appeared in the Post on July 9, 2019, was headlined, “More calls for Spanish River High principal’s firing after he blames parent.” The article included the sub-heading, “Principal William Latson’s farewell message prompted an anti-hate group and two Boca-area legislators to join calls for his termination.” On July 10, 2019, the Post published an article headlined, “In defiant farewell, ousted principal blames parent.” Dr. Latson does not dispute that the public reaction to his email was negative, which he learned of while he was still in Jamaica. The personal impact of Dr. Latson’s statement in the July 8, 2019, email was demonstrated by those who testified on behalf of him. Dr. Latson conceded that he did not know the reasons for his reassignment at the time he wrote the email to SRHS faculty and staff. He wrote to his staff that he was reassigned because of a statement inaccurately relayed to the newspaper. He believes the statement to be that he did not want to confront Holocaust deniers. In fact, in the predetermination hearing, Dr. Latson’s representative began the defense with the statement that the District “cannot remove a principal or adversely transfer him for not being zealous enough in a parent’s personal crusade against anti-Semitism.” That is not how Dr. Latson’s supporters saw it. The record makes clear that the controversy was about Dr. Latson’s earlier words, specifically, that, as a public educator who was mandated to teach the history of the Holocaust, he thought it would be improper for him to state that the Holocaust was a fact since he would not be acting in a neutral manner as an educator. Shari Fox, the Magnet Academy coordinator at SRHS, testified that she specifically asked Dr. Latson, “What is controversial about the Holocaust?” His response was that he did not think it was controversial in the beginning, but it has more recently come to his attention that Holocaust deniers exist, which makes its existence controversial. Mr. Aaron Ryan Wells, a SRHS teacher and debate coach, described a news article that “was essentially fabricated in the sense that it didn’t give all the facts, basically creates the disaster that removes a man of three decades from his post.” Because of Dr. Latson’s treatment, Wells “treads lightly even when teaching geography.” He has had inquiries regarding whether the Holocaust is even an appropriate subject for high school students. This incident detracts from the power of the course that introduces the skill that is supposed to be introduced with these types of students, namely tolerance and respect for others who may be different from you. He took from Dr. Latson’s reassignment the lesson that a single parent can question how you teach a subject, which could potentially result in your reassignment or termination as an educator should you fail to bend to the parent’s wishes. The lesson and perception that Wells and others took from Dr. Latson’s removal was that you should not teach controversial subjects. In fact, and as a matter of law, the State of Florida does not consider the occurrence of the Holocaust to be controversial. It does not and cannot prevent any student or parent from holding the absurd “belief” that the Holocaust did not happen. It can and does mandate that the student will be taught that history is not opinion or belief and that the Holocaust did occur. Through his actions, Dr. Latson caused a great number of people to doubt the commitment of the District to honor that mandate. His unilateral attribution of the reasons for his termination caused further disruption in the SRHS community. Many SRHS faculty and staff were left with the idea that Dr. Latson was reassigned because of the April 2018 emails, and were left with a sense of “injustice” and “unfairness.” The Community, the faculty, and the staff were angry, and some of that anger was directed at the complaining parent and her student. Dr. Latson’s allocation of blame to the parent and pointing out a “false statement” also sowed discontent among the faculty and staff, directed towards the District. Because Dr. Latson’s email stating the reasons for his reassignment were the April 2018 emails and, what he considered to be, a false statement from a parent, the faculty and staff felt that the District did not support the staff. Prior to learning of Dr. Latson’s July 8, 2019, email, the District had not taken any action to terminate him. Dr. Latson believes he was terminated because of outside pressure, to satisfy the not insignificant group of public officials and members of the public who called for his resignation. But those calls were made some time before he was terminated. Despite those calls, the District took Dr. Latson at his word, that he had been misunderstood, that his emails could be worded better, and that he understood the parents’ perception of his views. After the newspaper article of July 5, 2019, was published, when Oswald faced the reaction of the public and public officials, the District stood by Dr. Latson. The article itself contained Oswald’s defense of Dr. Latson, that he had written a poorly worded email. Even after Dr. Latson made no effort to contact Oswald before noon on July 8, 2019, the District did not move to terminate him. He was reassigned. Not until Dr. Latson made clear that he had not been misinterpreted in his “neutrality” statements to the complaining parent and it was clear to the District personnel involved that he was not walking back these statements, did Fennoy conclude that Dr. Latson’s employment was incompatible with the District’s commitment to teach the Holocaust. At some level, Dr. Latson believed that parents who do not want their children to be taught the Holocaust should be allowed to keep their children out of school on that day. He believed that he had a professional obligation to be neutral on matters of historical fact, even as espoused by members of, for example, the Flat Earth Society. Further, he believed that a statute that mandated the teaching of the Holocaust in a way that promoted tolerance required the teacher to be tolerant of those who said the history to be taught was, in fact, not history. Johnson, a long-serving principal, former Palm Beach County school superintendent, and now a consultant to principals, testified that no progressive discipline was imposed on Dr. Latson. Respondent admitted into evidence a document entitled “The Discipline Process, A Guide for Principals and Department Heads.” He testified the manual is still in existence and used by the District. Describing the process, Johnson discussed how, typically, “we start from the bottom and move to the top,” beginning with a verbal reprimand, followed by a written reprimand, then a short-term suspension, followed by a longer-term suspension, and, ultimately, a termination. He noted that there are occasional instances where discipline can go from “zero to one hundred, all the way to termination,” but these must involve “very serious offenses” that “put the District at risk.” He testified that the initial problem here was “an overly zealous parent’s intolerance of Dr. Latson’s tolerance.” He believes that an educator’s role is to be neutral and provide both sides of an issue. “You stick with the facts.” “You present both sides of the story. And you as a teacher or administrator may have to become very neutral, meaning you can’t advocate.” “We are definitely not in a position to proselytize or to indoctrinate young people,” he testified. He did admit that Dr. Latson could have used better language to communicate his thoughts on neutrality and to communicate with faculty and staff via email. Dr. Ben Marlin, another former Palm Beach County school superintendent, concurred with Johnson’s analysis and the appropriateness of exercising progressive discipline in this case. He likened the process to a ladder, with the penalty growing more severe the higher you climb. He testified that he would not have terminated Dr. Latson under the circumstances of this case. He would have resolved the matter through a meeting with a possible verbal reprimand. If the behavior occurred again, he would consider a written reprimand. Subsequent violations would result in more severe penalties. The testimony of the two former superintendents was not challenged or rebutted by Petitioner. No witnesses were called to state that progressive discipline was not applicable to this matter. Fox testified “we have to stay neutral in all of these topics [including the Holocaust] and just explain the facts to the students and guide the information and the discussion.” Fox specifically testified she does not believe Dr. Latson is Anti-Semitic. According to SRHS history teacher, Ms. Rachel Ostrow, the teacher’s role is “to present the facts, to guide the discussion amongst the students. But I lay out the facts from every point of view and then we discuss the content.” Ostrow specifically testified she does not believe Dr. Latson is Anti- Semitic. On July 17, 2019, Dr. Latson received notice that an administrative investigation had been opened by the Department of Employee and Labor Relations related to Ethical Misconduct. An investigative report was authored by Ms. Vicki Evans-Paré on August 23, 2019. On September 26, 2019, Dr. Latson received a copy of the investigative file, including the written investigative report. On October 7, 2019, a predetermination meeting was held to allow Dr. Latson to respond to the allegations, produce any documents that he believed would be supportive of his position, or rebut information in the investigation materials he was provided. He submitted a written response to the potential charges and his representatives, Dr. Thomas E. Elfers and Johnson provided oral presentations. Dr. Latson’s response at the predetermination meeting again compared the Holocaust to a belief, claiming that “constitutional liberty interests are involved: an interest in not being forced to reveal information about personal beliefs and an interest in being forced to make statements about one’s views.” The response preached neutrality in the presentation of “various hot buttons or touchy subjects.” Dr. Latson believed his body of work as an educator should have been taken into account and should not have resulted in a termination of his employment. He had never been disciplined previously by the District or the Educational Practice Commission in 26 years as an educator. He had received a “highly effective evaluation” for each of his eight years as the principal of SRHS, and the highest possible evaluation for 25 of his 26 years as an educator. Under his leadership, Dr. Latson oversaw the raising of SRHS from a “B” to an “A” rating in 2012, which was maintained throughout his tenure as principal. He achieved many successes as principal, such as significantly raising the school’s national academic ranking, being recognized by the District as the highest performing Palm Beach County school in advanced academic studies, and creating a school environment described by teacher Wells as “phenomenal,” and engendering an atmosphere of trust among the teachers, as stated by Fox and Ostrow at hearing. When asked by his counsel at hearing, Dr. Latson unequivocally stated that he is not Anti-Semitic. This statement was unrebutted by Petitioner. On October 11, 2019, however, based upon the information presented to him from the investigation and the predetermination meeting, Fennoy informed Dr. Latson that there was just cause, which can be substantiated by clear and convincing evidence, to warrant his termination from his position as a principal, and that Fennoy would recommend Dr. Latson’s suspension without pay and termination of employment at the October 30, 2019, School Board meeting.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Palm Beach County School Board enter a final order rescinding the suspension and termination of Dr. Latson; awarding him his lost wages for the period beginning with his suspension without pay; and transferring him to a position within the District, as determined by the superintendent, commensurate with his qualifications. DONE AND ENTERED this 13th day of August, 2020, in Tallahassee, Leon County, Florida. S ROBERT S. COHEN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 13th day of August, 2020. COPIES FURNISHED: Thomas E. Elfers, Esquire Law Office of Thomas Elfers 14036 Southwest 148th Lane Miami, Florida 33186 (eServed) Thomas Martin Gonzalez, Esquire GrayRobinson, P.A. 401 East Jackson Street, Suite 2700 Tampa, Florida 33602 (eServed) Craig J. Freger, Esquire 16247 Northwest 15th Street Pembroke Pines, Florida 33028-1223 (eServed) Matthew Mears, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed) Richard Corcoran Commissioner of Education Department of Education Turlington Building, Suite 1514 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed) Donald E. Fennoy II, Ed.D., Superintendent Palm Beach County School Board 3300 Forest Hill Boulevard, C-316 West Palm Beach, Florida 33406-5869
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is recommended that Nicholas DiLorenzo be expelled from schools within the jurisdiction of the Palm Beach County school system through the 1984 - 1985 school year. RECOMMENDED this 15 day of October, 1984, in Tallahassee, Florida. J. LAWRENCE JOHNSTON 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 15th day of October, 1984.
The Issue Whether the Respondent committed the violations alleged in the letter from the Petitioner dated January 16, 2003, and in the Notice of Specific Charges filed February 27, 2003, and, if so, the penalty that should be imposed.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing and on the entire record of this proceeding, the following findings of fact are made: The School Board is a duly-constituted school board charged with the duty to operate, control, and supervise all free public schools within the School District of Miami-Dade County, Florida. Article IX, Florida Constitution; Section 230.03, Florida Statutes (2002).3 At the times material to this proceeding, Mr. Lefkowitz taught emotionally handicapped and seriously emotionally disturbed students in North Miami Beach High's Bertha Abbess exceptional student education program. He has been employed by the School Board since 1993, and is currently employed under a professional services contract. At the times material to this proceeding, Mr. Lefkowitz and at least one other person were making a music video for a course they were taking at Florida International University. Alvarro Gutierrez was working with Mr. Lefkowitz on the video, and Mr. Gutierrez had chosen the girl who would sing and would choreograph the dances for the video. Mr. Gutierrez did not, however, have any dancers, and Mr. Lefkowitz told Mr. Gutierrez that he knew some girls "from school" who were dancers and that he would ask them if they wanted to dance in the video. J.D. was, at the times material to his proceeding, an 11th-grade student at North Miami Beach High, although she was not a student of Mr. Lefkowitz. Rather, J.D. met Mr. Lefkowitz in a school hallway, while she was selling candy for her French class, and they apparently had several conversations during school hours. In one of these conversations, Mr. Lefkowitz mentioned that he was filming a music video for a college class. J.D. asked if she could be in the video, and Mr. Lefkowitz agreed and asked J.D. if she had any friends who could also dance in the video. J.D. introduced Mr. Lefkowitz to her friend N.F. N.F. was, at the time, an 11th-grade student at North Miami Beach High, but she did not know Mr. Lefkowitz until J.D. introduced them. Mr. Lefkowitz did not know at the time he met her that N.F. was a student at North Miami Beach High. J.D. also introduced Mr. Lefkowitz to Glamour Legros, whom she knew because she and Ms. Legros attended the same church. Prior to introducing Mr. Lefkowitz to Ms. Legros, J.D. had told him on a number of occasions how much Ms. Legros wanted to meet him.4 Ms. Legros and N.F. shared an apartment. Ms. Legros was not a student at the times material to this proceeding, and she was older than N.F. and J.D. J.D., N.F., and Ms. Legros agreed to dance in the music video and went to Mr. Lefkowitz's apartment several times to discuss, rehearse, and shoot the video. Mr. Lefkowitz picked up J.D., N.F., and Ms. Legros and drove them to his apartment on the occasions when they were working on the video. Mr. Lefkowitz also took J.D. and her friends home on these occasions. M.D., J.D.'s brother and a student at North Miami Beach High at the time, went to Mr. Lefkowitz's apartment once, and H.D., another student at North Miami Beach High, was at Mr. Lefkowitz's apartment on at least one occasion, when she danced for the music video. These two students also rode with Mr. Lefkowitz in his car on at least one occasion. In addition to her visits to Mr. Lefkowitz's apartment and her rides in his car, J.D. spoke with Mr. Lefkowitz numerous times on the telephone. When working on the video, J.D. went to Mr. Lefkowitz's apartment with her friends. She was alone with Mr. Lefkowitz once, after her friends left Mr. Lefkowitz's apartment; Mr. Lefkowitz took her home after about an hour. Mr. Gutierrez did not observe Mr. Lefkowitz engage in any improper behavior with J.D. or her friends at Mr. Lefkowitz's apartment during the time they were discussing, rehearsing, and shooting the music video. On April 21, 2003, Ms. Legros called the police and she and N.F. reported that Mr. Lefkowitz had come to their apartment, beat on the door, and threatened them verbally. According to the police incident report, the police were dispatched at 10:09 p.m. and arrived at Ms. Legros's and N.F.'s apartment at 10:12 p.m. Mr. Lefkowitz had outpatient surgery on April 18, 2002. Mr. Lefkowitz's mother was with him at his apartment from April 18 through the morning of April 22, 2002, the day he returned to work. According to Ms. Lefkowitz, Mr. Lefkowitz was in bed, asleep, on the night of April 21, 2002. On April 22, 2002, Raymond Fontana, the principal of North Miami Beach High, received a telephone call from a woman who identified herself to Mr. Fontana's secretary as J.D.'s aunt and who told Mr. Fontana that an exceptional student education teacher named "Neil" was having a relationship with J.D., a student at North Miami Beach High; the caller also reported that the teacher had been involved in an "incident" that had been reported to the police. Ms. Legros was the person who called Mr. Fontana.5 Mr. Fontana called Allyn Bernstein, an assistant principal at North Miami Beach High, into his office and asked her to look into the allegations made by the caller. Dr. Bernstein called Mr. Lefkowitz into her office and, before she could say anything, Mr. Lefkowitz told her that he knew why she had summoned him, that an ex-girlfriend had threatened to make trouble for him because he wouldn't give her money. When Dr. Bernstein questioned Mr. Lefkowitz about his relationship with the student J.D., Mr. Lefkowitz denied knowing her. Dr. Bernstein also called J.D. into her office. In response to Dr. Bernstein's questions, J.D. denied knowing Mr. Lefkowitz. She stated that she did not have a social relationship with any teacher outside of school and that she had never met any staff member outside school. After Dr. Bernstein reported to Mr. Fontana that she believed that there might be "something there,"6 Mr. Fontana reported the matter to the school district personnel, who referred the matter to the Miami-Dade School Police Department, and an investigation was initiated. Once the investigation was initiated, Mr. Lefkowitz was placed on alternate assignment at his home effective May 3, 2002. The investigator, Detective Victor Hernandez, interviewed N.F., Ms. Legros, J.D., H.D., M.D., and Mr. Lefkowitz. During the course of his investigation, Detective Hernandez was told that Mr. Lefkowitz and N.F. had dated and that they had had sexual intercourse. When Detective Hernandez interviewed Mr. Lefkowitz, Mr. Lefkowitz denied that he knew either J.D. or N.F. In a report dated September 2, 2002, Detective Hernandez described his investigation and set forth the substance of the statements given by the witnesses. Detective Hernandez concluded that the charges that Mr. Lefkowitz had violated Rules 6B-1.001 and 6B-1.006, Florida Administrative Code, and School Board Rules 6Gx13-4.109 and 6Gx13-4A-1.21 were substantiated. A Conference-for-the-Record was held on October 2, 2002, with Paul Greenfield, District Director, presiding. Mr. Lefkowitz attended the Conference-for-the-Record, together with the School Board's Director of Region II and Mr. Fontana. Mr. Lefkowitz requested that his attorney be allowed to attend, but this request was denied.7 Mr. Greenfield reviewed Mr. Lefkowitz's history with the Miami-Dade County public school system and presented the results of the investigation. Mr. Lefkowitz denied having met J.D. and N.F. and denied that they were ever in his apartment. After the Conference-for-the-Record, Mr. Fontana recommended to the Superintendent of Region II that Mr. Lefkowitz's employment be terminated. Mr. Lefkowitz lied to Dr. Bernstein, to Detective Hernandez, and to the participants in the Conference-for-the- Record about his relationships with J.D. and N.F. because he knew it was improper for the students to be in his apartment and for him to associate with students outside of school. Mr. Lefkowitz expressed remorse at his behavior and acknowledged that his conduct was not appropriate. J.D. testified that she and Mr. Lefkowitz never dated or had sexual intercourse. Ms. Legros testified that she did not know whether Mr. Lefkowitz and J.D. had had sexual intercourse. She claimed, however, to have observed Mr. Lefkowitz and J.D. at Mr. Lefkowitz's apartment hugging and kissing and acting like "boyfriend and girlfriend to me."8 Ms. Legros has no personal knowledge that Mr. Lefkowitz had sexual relations with N.F., but testified that N.F. told Ms. Legros that she had had a relationship with Mr. Lefkowitz. An 11th-grade student testified at the hearing that he considered Mr. Lefkowitz to be a good teacher, a role model, and a teacher that he would remember after high school. Mr. Fontana testified that he thought Mr. Lefkowitz's effectiveness as a teacher had been impaired because of the "manner in which he dealt with students, having students come to his apartment, dealing with students that are out of the realm of his teaching responsibilities." Mr. Fontana observed that "once you breach that student/teacher relationship and you lose that professionalism I don't think you can ever go back and have the same degree of effectiveness as a teacher."9 In making his decision to recommend that Mr. Lefkowitz be terminated from his employment as a teacher, Mr. Fontana considered Mr. Lefkowitz's employment history with the Miami- Dade County public school system. Mr. Lefkowitz was twice referred for evaluation as to his medical fitness to perform his duties as a teacher and was twice found fit to perform these duties. Mr. Lefkowitz was the subject of three allegations of battery on a student, one in February 1995, one in February 1999, and one in March 1999; the February 1995 charge was substantiated,10 and Mr. Lefkowitz was given a verbal warning; the remaining two charges were unsubstantiated. Finally, in August 1995, Mr. Lefkowitz had an unacceptable annual evaluation, was given a TADS Category VII prescription in the area of Professional Responsibility, and successfully completed the prescription within the specified time. Summary The greater weight of the credible evidence presented by the School Board is insufficient to establish that Mr. Lefkowitz dated either J.D. or N.F. or that Mr. Lefkowitz had sexual intercourse with N.F. The School Board presented no direct evidence establishing that J.D. and Mr. Lefkowitz had a romantic relationship or that N.F. and Mr. Lefkowitz had a sexual relationship. The School Board relied exclusively on Ms. Legros's testimony to establish that these relationships existed,11 and most of her testimony was based on hearsay, not personal knowledge. Ms. Legros had no personal knowledge that N.F. had sexual relations with Mr. Lefkowitz, and the only behavior that Ms. Legros testified that she personally observed was Mr. Lefkowitz and J.D. in Mr. Lefkowitz's apartment hugging and kissing and, in Ms. Legros's estimation, acting like boyfriend and girlfriend. Ms. Legros is found not to be a particularly credible witness, and her uncorroborated testimony is not sufficiently persuasive to establish that Mr. Lefkowitz and J.D. more likely than not were dating or that the hugging and kissing, if she indeed observed such behavior, was sexual in nature. Both J.D. and Mr. Lefkowitz denied having a romantic relationship, but it is difficult to credit fully their testimony, given that both J.D. and Mr. Lefkowitz lied to School Board personnel about knowing one another and that Mr. Lefkowitz lied to School Board personnel about being acquainted with N.F. However, on reflection and after a careful review of the evidence, the testimony of J.D. and Mr. Lefkowitz is credited over that of Ms. Legros. The greater weight of the credible evidence presented by the School Board is not sufficient to establish that Mr. Lefkowitz telephoned N.F. on April 21, 2002, and threatened her or that he went to the apartment shared by Ms. Legros and N.F. on the night of April 21, 2002, and made threats to harm them. Mr. Lefkowitz's mother testified unequivocally that she was with Mr. Lefkowitz from April 19 through the morning of April 22, 2002, and that he was recovering from surgery and sleeping on the night of April 21, 2002. The School Board presented no evidence that Mr. Lefkowitz telephoned N.F. and threatened her, and Ms. Legros was the only witness to testify that Mr. Lefkowitz came to her apartment and made threats. The testimony of Mrs. Lefkowitz is credited over that of Ms. Legros.12 The evidence presented in this case is sufficient to establish that Mr. Lefkowitz failed to exercise the best professional judgment, failed to maintain the highest ethical standards, and used his position as a teacher to his personal advantage by recruiting young women students to perform as dancers in the music video he was filming as part of a college assignment. Mr. Lefkowitz admitted that he had engaged in inappropriate conduct: He had had a personal relationship outside of school with both J.D. and N.F.; J.D. and N.F. danced in a music video he made for a college project; J.D. and N.F. were in his apartment several times; and he drove J.D. and N.F. in his car to and from his apartment. The contents and tone of the written statement Mr. Lefkowitz adopted as his testimony supports an inference that he was on very familiar terms with both J.D. and N.F., and with Ms. Legros as well.13 Mr. Lefkowitz's poor judgment in developing significant social relationships outside of school with two female students at North Miami Beach High and his inappropriate behavior in having these students as guests in his car and in his apartment reflect poorly on him as a teacher employed by the School Board. Mr. Lefkowitz also failed to exercise the best professional judgment and to maintain the highest ethical standards with respect to his dealings with the School Board during the investigation of his conduct. Mr. Lefkowitz lied to Dr. Bernstein and Detective Hernandez and at the October 2, 2002, Conference-for-the-Record when he said he did not know J.D. or N.F., and he admitted at the final hearing that he lied because he knew that he should never have involved these students in making the music video, should never have given these students rides in his car, and should never have invited the students to his apartment. Mr. Lefkowitz's lack of truthfulness reflects poorly on him as a teacher employed by the School Board. The evidence presented by the School Board is also sufficient to establish that Mr. Lefkowitz engaged in one instance of inappropriate behavior involving students M.D. and H.D. Mr. Lefkowitz admitted that, on one occasion, he picked up these two students in his car and drove them to his apartment, where H.D. danced in the music video and M.D. observed Mr. Lefkowitz and cohorts filming the music video. Mr. Lefkowitz did not have repeated out-of-school contacts with these two students, as he did with J.D. and N.F., but his behavior with M.D. and H.D. reflected poorly on him as a teacher employed by the School Board. The evidence presented by the School Board, which consisted only of Mr. Fontana's conclusory and general statements, is not sufficient to establish that Mr. Lefkowitz's conduct impaired his effectiveness as a teacher in the Miami- Dade County public school system. The evidence presented by the School Board is, however, sufficient to permit an inference that Mr. Lefkowitz's effectiveness as a teacher was impaired. Mr. Lefkowitz encouraged students to develop personal relationships with him and to spend significant amounts of time with him in his apartment. Even though J.D., the young woman with whom he was primarily involved, was not a student in his class, his willingness to become involved with this student and her friends brings his personal and professional judgment into question and necessarily affects the school administration's assessment of his fitness for supervising high school students. It may also be inferred that Mr. Lefkowitz's effectiveness as an employee of the School Board was also impaired because he lied to the principal and assistant principal of his school and to the regional superintendent of the Miami-Dade County public school system about even knowing J.D. By not being truthful with the school system administrators, Mr. Lefkowitz diminished his credibility as a professional educator.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Miami-Dade County School Board enter a final order; Finding that Neil D. Lefkowitz is guilty of having committed misconduct in office and of violating School Board Rules 6Gx13-4-1.09 and 6Gx13-4A-1.21; Suspending Mr. Lefkowitz without pay for a period of 24 months, retroactive to the date on which the School Board suspended him from his employment without pay; and Imposing such conditions on Mr. Lefkowitz upon his return to employment as the School Board deems appropriate. DONE AND ENTERED this 31th day of July, 2003, in Tallahassee, Leon County, Florida. S PATRICIA HART MALONO 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 31th day of July, 2003.
The Issue Whether the Respondent committed the violation alleged and if so what penalty should be imposed.
Findings Of Fact At all times material to the allegations of this case the Respondent was employed by the Palm Beach County School District and was assigned as principal at John F. Kennedy Middle School (JFK). On or about March 9, 1998, a guidance counselor at JFK spoke with the Respondent regarding a complaint from a female student that she had been inappropriately touched by a male teacher at the school. Given the casual nature of the complaint, the Respondent believed the matter to be a "rumor" and made a note to himself to "check on" the allegation. The Respondent did not follow up on the allegation and did not "check on" the rumor. The Respondent also did not verify whether or not the guidance counselor investigated the allegation. Subsequently the Respondent became aware of other allegations involving the same teacher. The complaints alleged inappropriate acts with students. At least one of the incidents was witnessed by a student who supported the complainant's allegation. All of the incidents involving the teacher occurred before a criminal complaint was filed by a parent. It is undisputed that the Respondent knew of one or more of the alleged complaints. At no time prior to the teacher's arrest did the Respondent notify school authorities or the Department of Health and Rehabilitative Services (HRS) of the allegations previously made against the teacher. At all times material to the allegations of this case, the Palm Beach County School District had a policy in effect that required the Respondent to notify HRS and school district authorities regarding the types of complaints involved in this case. Such policy is set forth in its entirety within the Petitioner's Exhibit 1. Respondent did not view the incidents complained of as sufficiently serious to merit notification of authorities, as he maintained he did not have a reasonable cause to suspect that a child had been abused. Notwithstanding this position, the Respondent did nothing to confirm or disprove the allegations. At least one female student complainant continued to be enrolled in the alleged perpetrator's class before the arrest of the suspect. The failure of the Respondent to report the incidents seriously reduced his effectiveness as an employee of the Palm Beach School District. As a result, the Respondent was relieved of his position as principal at JFK and reassigned to another position.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission enter a final order reprimanding the Respondent. DONE AND ENTERED this 31st day of July, 2000, in Tallahassee, Leon County, Florida. J. D. Parrish 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 31st day of July, 2000. COPIES FURNISHED: Charles T. Whitelock, Esquire Whitelock & Associates, P.A. 300 Southeast Thirteenth Street Fort Lauderdale, Florida 33316 Sammy Berry, Jr., Esquire 516 South Dixie Highway, Suite 1 Lake Worth, Florida 33461 Kathleen M. Richards, Executive Director Department of Education Education Practices Commission 325 West Gaines Street Florida Education Center, Room 224-E Tallahassee, Florida 32399 Jerry W. Whitmore, Chief Bureau of Educator Standards Department of Education 325 West Gaines Street Suite 224-E Tallahassee, Florida 32399-0400 Michael H. Olenick, General Counsel Department of Education The Capitol, Suite 1701 Tallahassee, Florida 32399-0400
