The Issue The issues in this case are whether Respondent, Linda Lindquist, committed the acts alleged in the Administrative Complaint; whether the alleged conduct constitutes violations of Subsections 1012.795(1)(b), 1012.795(1)(c), 1012.795(1)(f), and 1012.795(1)(i), Florida Statutes (2005), and Florida Administrative Code Rule 6B-1.006(3)(a) and (e); and, if so, whether Respondent's teaching certificate should be suspended or otherwise sanctioned pursuant to Subsections 1012.795(1) and 1012.796(7), Florida Statutes.
Findings Of Fact Respondent holds Florida Educator's Certificate No. 300763, covering the area of art. The certificate is valid through June 30, 2011. At all times pertinent to this proceeding, Respondent was employed as an art teacher at Pinecrest Elementary School in the Hillsborough County School District. Vicki R. Dotson has been the principal of Pinecrest Elementary School since July 1999. Prior to that time, she was the assistant principal at the school. Dotson was Respondent's supervisor during the years 1999 to the present. During the 1999-2000 school year, Respondent would arrive late for work and leave work early without permission. She was reprimanded for those indiscretions, but did not alter her behavior. The behavior continued throughout the 2000-2001 and 2001-2002 school years. During the 2000-2001 and 2001-2002 school years, Respondent failed to properly complete student referral forms and had to be frequently admonished about using proper classroom management techniques. She did not modify her management style. Respondent received an overall unsatisfactory evaluation during the 2001-2002 school year. An action plan was prepared by the school administration to assist Respondent during the 2002-2003 school year. Respondent yelled at and/or physically struck students during the 2002 school year. Her overall evaluation for the 2002-2003 school year was unsatisfactory. Respondent failed to provide lesson plans for a substitute teacher in 2002. In response to a request by the school principal that she do so, Respondent faxed a response saying, "Please use your full time art teachers [sic] sub plans. I'm sure they are excellent." The school board terminated Respondent's employment on or about October 27, 2003. Respondent appears to be incompetent or unwilling to properly perform her duties as an art teacher.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by the Commission permanently revoking Respondent's Florida Educator's Certificate. DONE AND ENTERED this 15th day of November, 2006, in Tallahassee, Leon County, Florida. S R. BRUCE MCKIBBEN 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 15th of November, 2006. COPIES FURNISHED: Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Room 224 Tallahassee, Florida 32399-0400 Ron Weaver, Esquire Post Office Box 5675 Douglasville, Georgia 30154-0012 Linda Lindquist 2209 North Riverside Drive Tampa, Florida 33602 Daniel J. Woodring, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 Marian Lambeth, Program Specialist Bureau of Educator Standards Department of Education Turlington Building, Suite 224-E 325 West Gaines Street Tallahassee, Florida 32399-0400
The Issue The issue in this case is whether the Petitioner, the School Board of Pinellas County, should dismiss or suspend the Respondent, Larry Lynn, on charges of gross insubordination and misconduct in office.
Findings Of Fact Larry Lynn (hereinafter 1,Lynn") holds a Teaching Certificate, 563002, issued by the State of Florida. The School Board of Pinellas County, Florida, has employed Lynn as a teacher, since the 1986/1987 school year, and although Lynn is currently suspended without pay, he is employed by a Professional Service Contract. For the first semester of the 1986/1987 school year, Lynn was assigned to Largo High School. For the second semester of 1986/87 school year, Lynn was transferred to St. Petersburg High School. While Lynn was at St. Petersburg High School, one of his female students requested a transfer from Lynn's class due to her perception that Lynn was injecting sexual innuendo into his classroom presentations. Although Lynn denied using such terms, he was counseled by administrators on two occasions to avoid using language that could be construed as containing sexual references. Lynn also received a rating of "I," for "Improvement Expected (growth necessary)" in the judgment category on his annual evaluation for that school year, with a notation that Lynn was "conscious of the need to eliminate off-hand remarks within the lesson." For the 1987/1988 school year and for all further times relevant to the issues presented in this cause, Lynn was assigned to Pinellas Park High School. On September 25, 1987, Richard Allen, an Assistant Principal at Pinellas Park High School, held an initial conference with Lynn to reference the incident at St. Petersburg High the year before and to remind Lynn of the need to avoid using language that was susceptible of being construed as having sexual content. During the 1988/1989 school year, Lynn was seen leaving campus with a female student named Sherry Biafore during lunch time without authorization. It is against school policy to accompany students off campus, or to allow students to leave campus, during school hours without authorization. It also was brought to the attention of the school administration that Lynn allowed Sherry Biafore to be present in his classroom when she was not assigned to that class. At a conference with Marilyn Heminger, the Principal of Pinellas Park High School, to discuss the information the administration had received concerning Biafore, Lynn told her that he had been "counseling" Biafore and that he only left campus with her one or two times. He also admitted to having written two hall passes for Biafore during the fifth period. In fact, Lynn and Biafore had left campus without permission on approximately ten occasions, not just the one or two occasions to which they had admitted. Also, Lynn allowed Biafore to be in his classroom when she was assigned to another class on numerous occasions and at different times during the day. When she was there, in the presence of the students assigned to his class, Lynn would allow her to sit on his lap, to hug and kiss him, and to call him "daddy." He would call her "sweetie cakes," or other terms of endearment, and would give her cigarettes. During the 1988/1989 and 1989/1990 school years, a student named Erica Howell, (DOB 5/25/72), was an office assistant and had to obtain attendance records from teachers who delayed turning them in. Lynn was frequently late in turning in his attendance records, and Howell often had to retrieve this, as well as other information, from Lynn. On one occasion during the fall of the 1989/1990 school year, when Howell had to get attendance records from Lynn, Lynn made comments that could reasonably be perceived as containing sexual innuendo and which were so perceived by Howell, such as "that's not all you can come and get." Also during the 1989/1990 school year, when Howell entered Lynn's classroom to get attendance records, Lynn placed his hands on Howell, in her buttocks area, put his arm around her waist, and around her arm, and touched her on the breast. These actions by Lynn, together with others the previous two years (see Findings 18 through 20, below), disturbed Howell so much that she asked not to be forced to get records from him anymore. When Heminger, the Pinellas Park Principal, heard about the incident, and heard that Erica Howell's parents had called the school to complain, she decided to refer the entire matter to Stephen Crosby, the Pinellas School System's Director of Personnel Services. Crosby began his investigation by interviewing Howell. Howell not only reported the incident during the fall of the 1989/1990 school year, but she also reported incidents which had happened during the 1987/1988 and 1988/1989 school years. 1/ During the 1987/1988 school year, Lynn gave Erica Howell and a foreign exchange student a ride to Howell's home, but instead of going directly home, Lynn took a circuitous route of great length, which concerned Erica Howell and caused the exchange student to cry. During the 1988/1989 school year, when Howell, acting as an office assistant, went to Lynn's classroom to ask for attendance reports, Lynn, in the presence of the students in the class, made remarks that could be reasonably construed as containing sexual innuendo, and which were so perceived by Erica Howell. For example, when Howell asked if she could have the attendance report Lynn would say: "That's not all you can have." On another occasion during the 1988/1989 school year, Lynn overheard Howell and a friend talking about "making connections" with boys during an upcoming weekend. Lynn commented: "I'll be your connection any time." Howell then gave Crosby the name of a friend named Laura Mackie, (DOB 4/6/72), also a former student of Lynn, and reported what Mackie had told her. Crosby next interviewed Mackie. 2/ During the 1987/1988 school year, Lynn put his arm around Mackie, including around her waist, and on one occasion patted her on the buttocks with his hand. Laura Mackie was disturbed by this patting of her buttock by Lynn, and told her friend, Melissa Logue, as well as her track coach. Crosby also received information that both Lynn and Biafore had been dishonest in their statements about what had occurred during the preceding year. Crosby's new information was that Lynn and Biafore had left campus without permission on approximately ten occasions, not just the one or two occasions to which they had admitted. Also, he received information that Lynn allowed Biafore to be in his classroom when she was assigned to another class on numerous occasions and at different times during the day. When she was there, in the presence of the students assigned to his class, Lynn would allow her to sit on his lap, to hug and kiss him, and to call him "daddy." He would call her "sweetie cakes," or other terms of endearment, and would give her cigarettes. (See Finding 12, above.) Crosby next confronted Lynn with the allegations of Howell (see Findings 14, 15, 19 and 20, above) and Mackie (see Finding 22, above) and with the allegation that he in fact had left campus with Biafore on numerous occasions. Lynn denied the allegations and said he could prove that he did not leave the campus with Biafore more than once or twice. Crosby next interviewed the female students who were in Lynn's classes during the fall of the 1989/1990 school year. 3/ During the 1989/1990 school year, a female student named Jennifer Stroyan, (DOB 7/8/75), was adjusting her hair with one hand, while holding books with her other hand, when Lynn put his arm around her, under the arm with which she had been adjusting her hair. Lynn's hand touched her breast, and Stroyan removed Lynn's hand from her breast by a downward motion of her arm. This action by Lynn caused Stroyan to be uncomfortable around Lynn and to lose respect for him as a teacher. During the 1989/1990 school year, a student named Shonyelle Sampson, (DOB 1/19/75), answered a question in class incorrectly, and Lynn told her to use her "fucking head." The effect on Sampson was that she stopped volunteering to answer questions in Lynn's classroom. During the 1989/1990 school year, Lynn was talking with a female student named Keli Jo Girard, (DOB 8/4/73). Noticing that she was wearing a boy's jacket, Lynn asked her if she had a boy friend. When she replied that she did, Lynn asked her if she was still a virgin. When she replied that she was, Lynn stated that it was good to "wait," and then said that he (Lynn) waited until he was 12 years old. During the 1989/1990 school year, Lynn rubbed the neck and shoulders of a female student named Tracy Peterson, (DOB 1/22/75), and, at one point, put his arm around her so far that his hand touched her breast. Lynn's conduct was so disturbing to Peterson that she told her mother, who advised her to avoid Lynn in the future. Lynn frequently used the initials "S.O.B." and "G.D.M.F." in class. He says that he used "S.O.B." as attention- getting way of referring to "state of being" and that "G.D.M.F." actually was part of "G.D.M.F.T.D.," which was supposed to stand for "golly dern, mighty fine, that's dandy." But several of his students were not aware that they were supposed to stand for anything other than the vulgar expressions commonly understood by those initials. Crosby next interviewed female students who had been in Lynn's classes at Pinellas Park High School during previous years. 4/ During either 1987/1988 school year or the 1988/1989 school year, Lynn frequently spoke to a female student named Leslie Kemp, (DOB 5/22/71), while she was in the company of her friend, Keyma Mitchell, and used sexually suggestive terms in the conversations, including asking Kemp to go to a motel with him, and once asking Kemp if she would like her body licked. On another occasion, Lynn patted Leslie Kemp on the buttocks, which action Leslie Kemp reported to Leroy Kelly, a Pinellas Park Police Officer assigned to Pinellas Park High School. On several occasions during the 1988/1989 school year, Lynn placed his arm around the waist of a female student named Helen Seefeld, (DOB 8/11/73). Lynn's actions made Seefeld feel uncomfortable. She did not perceive similar attentions being paid to male students. During the 1988/1989 school year, Lynn rubbed the neck and shoulders of a female student named Melissa Martinez, (DOB 3/16/73), while showing movies to his class or when she asked questions in class. This disturbed Martinez to the point where she stopped asking for assistance in class. Melissa Martinez also heard Lynn remark in class that the woman with whom he was living was satisfying all his needs, which comment was said in such a way as to be reasonably susceptible of being construed as containing sexual innuendo. During the 1988/1989 school year, Erica Thomas (DOB 2/13/73), heard Lynn use the word "fuck" out loud in class. Lynn also rubbed her back and shoulders, which disturbed Thomas to the extent that she asked Lynn to stop. Several times during the 1988/1989 school year, Lynn placed his arm around Keli Jo Girard closely enough that on at least two occasions his hand brushed her breast. On several occasions during the 1988/1989 school year, Lynn placed his arm around the waist of a student named Angela Garrett, (DOB 3/22/72). When he persisted in asking her to be his assistant, it made her nervous, and she tried to avoid Lynn. Also during the 1988/1989 school year, Lynn would walk about his classroom and stop to rub the neck and shoulders of a student named Amber Wilkinson, (DOB 2/10/71), who disliked it and would tell Lynn angrily under her breath to keep his hands off her. During the 1988/1989 school year, Lynn patted a student named Alison Davis, (DOB 7/12/72), on the buttocks on at least three occasions. It then occurred to Crosby that, although they had evidence of allegations of Lynn's improper use of sexual innuendo when he was at St. Petersburg High, they had no similar information during his tenure at Largo High School. Crosby located a Largo High yearbook and picked out a few female students from the grades Lynn taught who appeared to Crosby from their yearbook pictures to be attractive. 5/ While at Largo High School during the first semester of the 1986/1987 school year, Lynn touched his fingers to the chin of a female student named Lynn Smith, (DOB 9/26/71), and told her that she had a pretty face. On a separate occasion, the Respondent asked Smith to stay behind after class to pick up a paper. Lynn was sitting on the corner of his desk. As Smith came close to him, the Respondent quickly brought his legs together, stating that he almost got her that time. These two incidents made Smith very uncomfortable about Lynn as a teacher. Smith did not report either incident at the time because of her age and because she was nervous, but she is now glad the incidents are known. While at Largo High School, Lynn rubbed his hand on the cheek of another of his female students, Kim McGevna, (DOB 2/11/72), saying he did not believe that she was not wearing makeup. Kim McGevna told her mother, Jean McGevna, and her boy friend about Lynn touching her, and the comment that he made, and informed them that she did not like it. Jean McGevna told Lynn, over the telephone, that he had no business touching her daughter and that in the future he should keep his hands off her, and to speak to her only in the classroom and only about school work. Kim's boy friend expressed similar thoughts to Lynn when he and one or more of his friends approached Lynn after a basketball game in the school gymnasium. It is harmful to the learning process for a teacher to subject students to inappropriate touching or sexual comments. Such behavior by a teacher causes a student to lose respect for a teacher, thereby diminishing the teacher's effectiveness. Parents do not appreciate such behavior by a teacher towards their children, and therefore such behavior decreases parent support for the school. Honesty on the part of a teacher when discussing professional matters with administrators is important to the efficient operation of school. Dishonesty by a teacher is a breach of trust that diminishes the teacher's effectiveness. Neither Crosby nor any other school administrator confronted Lynn with the results of Crosby's further investigation (resulting in Findings 18 and 27 through 50), or the additional information regarding how often Biafore was in Lynn's classroom instead of where she was supposed to be (last two sentences of Finding 24) until the information was used as a basis for Lynn's suspension and the School Superintendent's recommendation that the School Board dismiss him. The Respondent has been a teacher for over fifteen years, the majority of the time teaching English. Except for the evaluation at St. Petersburg High that "improvement [in `judgment' was] expected," Lynn received all "excellent" and "good" evaluations during his teaching career. He never before has been terminated from a teaching job and never has been transferred in lieu of firing. Lynn is a friendly, outgoing, "arm-around" type of teacher, to both boys and girls, without the majority of them perceiving any sexual overtones by his general open nature. It is common for Lynn to place his hands on the neck, shoulder and waist of both boys and girls, and he does this openly, in front of others.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Petitioner, the School Board of Pinellas County, enter a final order dismissing the Respondent, Larry Lynn, as a teacher at Pinellas Park High School. DONE and ENTERED this 10th day of April, 1990, 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 10th day of April, 1990.
Findings Of Fact Respondent was initially employed by the Pinellas County School Board in August 1973 as a plant operator, and received evaluations on his job performance approximately on an annual basis through December, 1986. In the evaluation dated May 17, 1977 in the category of attitude, Respondent received a comment that he was "slow to cooperate, occasionally disagreed with others, objects to some jobs." Respondent received "Needs Improvement" ratings in attitude, and relations with others on his evaluation dated January 10, 1983. In the evaluation dated December 17, 1984, Respondent received a "Needs to Improve" in the category of relations with others. On October 5, 1979, while a night plant operator at Clearwater High School, Respondent was placed on a 90 day probationary period after using profanity and being insubordinate to his immediate supervisor. On January 11, 1980, the principal of Clearwater High School requested that the Superintendent of the Pinellas County school system initiate the termination of Respondent for failing to cooperate with fellow workers, and reporting that work was done when in fact it had not been done. Prior to any action being taken to terminate Respondent in 1980, Dr. Ronald F. Stone interceded with the Superintendent on Respondent's behalf. It was Dr. Stone's opinion that Respondent's difficulties in cooperating with his fellow workers were due to the larger and more complex nature of the plant operator work at a high school, and Stone arranged to have him transferred to an elementary school where he has been subsequently employed. Respondent's employment was covered by the terms of the collective bargaining agreement between the International Brotherhood of Firemen and Oilers (IBFO) and the Petitioner for the years 1985 through 1988. The IBFO agreement states, in Article 11 that: . . . except as expressly provided in this agreement, the determination and administration of school policy, the operation and management of the schools and the direction of employees are vested exclusively in the Board. The IBFO agreement does not set forth any definition of the grounds for which the Petitioner may discharge IBFO employees, including plant operators. However, the practice of "progressive" discipline is specifically recognized at Article 29, Section G(2). On January 22, 1987, the Office of the State Attorney for the Sixth Judicial Circuit for the State of Florida, in and for Pinellas County Florida, filed an Information in Circuit Criminal Case No. 87-695CFANO, alleging the Respondent had committed the felony of handling and fondling a child under the age of 16 in a lewd manner. The child involved is currently six years old. On May 27, 1987, Respondent entered a plea of guilty to the lesser included charge of simple battery in Case No. 87-695CFANO, the Court accepted said plea, found him guilty of the lesser included charge of simple battery, withheld adjudication of guilt, and placed him on probation for one year. The Superintendent of the Pinellas County School System has recommended that Respondent's employment be terminated based upon his plea to this charge, and the accumulated effect of his poor performance in this job. There are no plant operator jobs in small, noncomplex facilities, within the Pinellas County school system that would not bring the employee into contact with children. Even working on night shifts in an elementary school, Respondent would be coming into contact with children who are students of the Pinellas County school system. It is the opinion of Dr. Ronald Stone, Executive Assistant Superintendent of Human Resources and Ms. Nancy Zambito, Director of Personnel Service, that the employees of the Pinellas County school system must maintain a public image of respect for school age children, and that the commission of, or entry of a plea of guilty to the charge of any battery on a school age child is inconsistent with said public image and is, therefore, detrimental to the Pinellas County school system. According to his brother, Arthur T. Greer, a lieutenant in the Akron Police Department, Respondent has a learning disability which makes it very difficult for him to communicate. He discussed the entry of a plea of guilty to a simple battery with Respondent before it was entered, and he feels that Respondent entered this plea to avoid a very traumatic experience of testifying in court. However, Respondent has consistently denied improperly touching, fondling or committing a battery on the child. Respondent's immediate supervisor, William J. Johnson, who has supervised him for 5 years, testified that he was a very good, loyal and dependable worker. This testimony was supported by Robert Russell, Plant Operations Supervisor. Johnson also confirmed that Respondent has consistently denied the charges involving the child. In accordance with Article 29 of the IBFO agreement, disciplinary action taken more than two years previous to a current charge cannot be considered by an employee's immediate supervisor in assessing disciplinary action on a current charge. This provision, however, does not limit consideration by the Superintendent or School Board of all prior charges and disciplinary actions when imposing discipline on a current charge. Respondent is under contract for the 1987-1988 school year, but is in the status of suspended without pay, pending a final determination in this cause. He has been suspended without pay since January, 1987 when the information against him was filed in Case No. 87-695CFANO.
Recommendation Based upon the foregoing, it is recommended that Petitioner enter a Final Order approving the Superintendent's recommendation that disciplinary action be taken against Respondent. However, it is recommended that such action be based solely upon the finding that he is guilty of a simple battery against a child under 16 years of age. Accordingly, it is recommended that Respondent be suspended without pay from January, 1987 until the entry of the Final Order herein at which time it is further recommended that Respondent be reinstated to his former position as plant operator. DONE AND ENTERED this 1st day of February, 1988, in Tallahassee, Florida. DONALD D. CONN 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 1st day of February, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 87-4131 Rulings on Petitioner's Proposed Findings of Fact: 1-2 Adopted in Finding of Fact 1. 3-5 Adopted in Finding of Fact 2. Adopted in Finding of Fact 3. Adopted in Finding of Fact 4. Rejected as not based on competent substantial evidence. Rejected as unnecessary and irrelevant. 10-11 Adopted in Finding of Fact 5. 12 Rejected as unnecessary and cumulative. 13-14 Adopted in Finding of Fact 6. Adopted in Finding of Fact 7. Adopted in Finding of Fact 8. 17-18 Rejected as unnecessary due to Finding of Fact 9. Adopted in Finding of Fact 9. Adopted in Finding of Fact 8. Rejected as irrelevant and unnecessary. 22-23 Adopted in Finding of Fact 10. Adopted in Finding of Fact 11. Rejected as unnecessary and cumulative due to Finding of Fact 9. Rulings on Respondent's Proposed Findings of Fact: 1 Adopted in Finding of Fact 1. 2-3 Adopted in Finding of Fact 9. Rejected as simply a statement about evidence which was not presented; and therefore as unnecessary. Adopted in Findings of Fact 2-5, 13 and 14. COPIES FURNISHED: Bruce P. Taylor, Esquire Post Office Box 4688 Clearwater, Florida 34618-4688 James R. Stearns, Esquire 1370 Pinehurst Road Dunedin, Florida 34698 Scott N. Rose, Ed.D. Superintendent of Schools Post Office Box 4688 Clearwater, Florida 34618-4688 =================================================================
The Issue The issue presented is whether Petitioner timely terminated Respondent's employment, as set forth in the Administrative Complaint filed in this cause.
Findings Of Fact On July 22, 1997, Respondent completed his application for employment as a teacher for the school year 1997-98. He was hired to be the coordinator for the English for speakers of other languages (ESOL) program at Western Pines Community Middle School. That position is a teaching position. Western Pines is a new school, opening in time for the 1997-98 school year. Principal Peggy Campbell determined she needed extra assistance for the school to be ready in time for the students. As with any new school, floors needed to be mopped, windows needed to be washed, supplies needed to be unloaded and stored, desks needed to be placed in the classrooms, books needed to be stamped, and many other things needed to be done to get ready. She requested volunteers from the staff she had hired, and Respondent agreed to help prepare the school for the arrival of students. At the time that volunteers were obtained and began working, Campbell did not have approval to pay any of the volunteers. She subsequently obtained approval. Respondent began working as a volunteer on August 1, 1997. He labeled, stamped, and shelved books. He worked a total of 7 1/2 days. Afterward, he was given a one-time paycheck for those 7 1/2 days based upon a daily rate of pay. In computing the amount to pay him, Petitioner calculated a daily rate for Respondent by dividing his annual salary by 196, the number of duty days for teachers within Petitioner's school system. On August 13, 1997, all teachers reported for duty for the 1997-98 school year. August 13 began the five-day pre-school period for instructional employees, a time during which all teachers attend meetings and prepare for the arrival of students. On that date, Respondent began his professional duties as an instructional staff member of Petitioner's school system. That date was also the effective date for Respondent's instructional position. Starting on August 13, 1997, Respondent's duties were substantially different than they were prior to that date. Prior to August 13, 1997, Respondent's work was akin to that of an incidental day laborer. August 20, 1997, was the first day of classes for students within Petitioner's school system. On January 9, 1998, Principal Campbell met with Respondent and gave him a letter advising him that she was recommending to the superintendent the termination of Respondent's employment, effective January 15, 1998. She told him not to report to the school for those interim days but that he was assigned to his home for those additional days for which he would be paid. On February 21, 1998, the School Board ratified that termination, effective January 15, 1998, as part of its consent agenda at a regularly-scheduled Board meeting. At the time Respondent was notified he would be terminated and at the time of the School Board meeting, annual contracts for that school year had not yet been prepared. There is a normal delay with finalizing annual contracts due to extended negotiations with the teacher's union once the budget is final.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered determining that Respondent's employment was terminated within his probationary period. DONE AND ENTERED this 28th day of May, 1999, in Tallahassee, Leon County, Florida. LINDA M. RIGOT 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 28th day of May, 1999. COPIES FURNISHED: Dr. Joan Kowel, Superintendent Palm Beach County School Board 3340 Forest Hill Boulevard West Palm Beach, Florida 33406-5869 Tom Gallagher, Commissioner of Education Department of Education The Capitol, Plaza Level 08 Tallahassee, Florida 32399-0400 Thomas E. Elfers, Esquire JenniLynn Lawrence, Esquire Palm Beach County School Board 3318 Forest Hill Boulevard, Suite C-302 West Palm Beach, Florida 33401 Ronald G. Meyer, Esquire Meyer and Brooks, P.A. Post Office Box 1547 Tallahassee, Florida 32302
Findings Of Fact Respondent, Moses Green, holds Florida Teaching Certificate No. 232099, Graduate, Rank II. He served as dean of students at Boca Ciega High School during the 1976-1977 school year. Thereafter he was reassigned as one of three deans of students at Pinellas Park High school, and he served in this capacity during the 1978-1979 school year. Moses Green has been in the field of education since his graduation from Florida A & M University more than 21 years ago. After teaching several years in South Carolina and Georgia he came to Boca Ciega High School in Pinellas County in 1964 where he started as a teacher. He served as dean of students at Boca Ciega High school from 1974 until 1977 when he was transferred to Pinellas Park High School as a dean of students. In October 1976 enroute from his home to school in a vehicle described both as a van and a motor home, Respondent stopped to give a ride to Jacqueline Blackshear and Stephanie Bellamy, two ninth grade students at Boca Ciega High School. When they entered the van Jackie sat on the housing covering the engine between the two front seats facing the rear of the van and Stephanie sat in the front right-hand passenger's seat. Enroute to school Respondent commented that Jackie was growing up and placed his hand on the inside of Jackie's thigh. At the time, Jackie was enroute to school for cheerleader practice and was wearing shorts. Jackie looked and moved towards Stephanie and Respondent removed his hand. Before arriving at school Respondent again placed his hand on Jackie's thigh and removed it when she moved. Upon arrival at school Respondent told Stephanie to get out as he wanted to talk to Jackie. When Stephanie left the van, Respondent was standing facing Jackie whose back was to the closed door. Respondent grabbed Jackie and attempted to kiss her. She pushed away, opened the door and left the van. When she left the van, Jackie was upset and Stephanie suggested she tell her parent. Near noontime Jackie went to Gail Weston, a physical education teacher at Boca Ciega High School and told her about the incident in Respondent's van. Stephanie accompanied Jackie on this visit. Ms. Weston described Jackie as nervous and upset. After a few minutes of conversation Ms. Weston realized that it was not something she could handle and she told Jackie and Stephanie that they needed to tell their story at the Dean's office and she took them to Jean Johnson, a dean of students at Boca Ciega High School. There both girls told their story to Ms. Johnson who prepared a statement for them to sign. The story repeated to Ms. Johnson was essentially the same told to Ms. Weston. After typing up their statements, Ms. Johnson told Mr. Demps, the principal. He had the girls brought to him, where the story was again repeated. Demps called Respondent in and confronted him with the story. He also advised his area superintendent and the director of personnel, who investigated the allegations made by these two girls. Demps also arranged for a meeting with Jackie's and Stephanie's parents the following day. Following the investigation, Green, on October 19, 1976 was issued a letter of reprimand (Exhibit 1) for his role in the events that had come to the school's attention regarding the two girls noted above and warned that a recurrence of such conduct would result in dismissal. By letter dated 9 November 1976 Respondent was sent another letter (Exhibit 2) regarding a reported and inappropriate remark made by Green to another female student, which Respondent had denied, and the letter suggested Respondent and the girl take lie detector tests. By letter dated December 29, 1976 (Exhibit 3) the Superintendent of Schools advised Respondent that the results of the polygraph test he had voluntarily taken indicated his answers were deceptive, while the girl's polygraph test indicated her responses were honest. Respondent was placed on probation for the remainder of the 1976-1977 school year and for all of the 1977-1978 school year. Although his principal at Boca Ciega High School, Mr. Demps, considered Respondent's effectiveness at Boca Ciega High School seriously impaired by the notoriety given to the events involving Respondent in 1976, he remained at Boca Ciega High School for the remainder of that school year. For the school year 1977-1978 Respondent was transferred to Pinellas Park High School as dean of students. Upon his transfer to Pinellas Park High School, Demps gave Respondent a good evaluation report. During Respondent's first year at Pinellas Park High School, no incidents were reported to form the basis of any of the charges here considered. This school year 1977-1978 included the probation period set by Exhibit 3. The school year 1978-1979, while Respondent was dean of students at Pinellas Park High School, produced the majority of complaints and testimony at this hearing regarding improper comments made to female students by Respondent, improper contact of a sexual nature with female students by Respondent, and corroboration of this testimony by other witnesses. Ten female students who attended Pinellas Park High School during school year 1978-1979 testified against Respondent regarding incidents between Respondent and these students of a sexual nature. Some of these incidents involved contact or attempted contact such as hugging, kissing or attempting to kiss, touching breasts or attempting to do so, and rubbing the front of his body against students' backsides when passing them when adequate room for passing without contact existed. Several testified to improper comments made to them by Respondent such as "You have a nice set of tits," "I'd like to get in your pants," "You have a nice pair of legs," "Why don't we go to a motel," "You drive an old man crazy," "You have a nice butt and look good in those pants," "One of these days it's going to be you and me," and similar comments regarding female students' anatomy. Much of this testimony was corroborated by other witnesses who overheard the remarks or observed the bodily contact. Additionally, some of the witnesses had complained to their parents or to other faculty members shortly after the incidents. Others first came forward with their complaints when they learned the police were investigating Green's conduct at the school and they became convinced their isolated incidents wouldn't appear unbelievable. Some of these students tolerated and perhaps encouraged the comments to provide them leverage to insure a cover-up for numerous "skips" of classes. Some of these witnesses skipped classes without punishment due to Respondent's position as dean and to whom their infractions were referred. Respondent denied each and every testimonial utterance of misconduct on his part while admitting the situation described by the witnesses, in which the improper actions of Respondent were said to have occurred, were real. During his testimony Respondent referred to school records which would corroborate his testimony, but he made no effort to produce these records or to account for their non-production. Respondent was subjected to three criminal trials on charges stemming from allegations of fact similar to those testified to in these proceedings. He was acquitted on charges alleging battery and false imprisonment and convicted of the offense of attempting to contribute to the delinquency of a minor. Those trials resulted in considerable publicity and the allegations became well-known throughout the Pinellas County School System. Several witnesses testified that Respondent's effectiveness in the Pinellas County School System was totally destroyed by virtue of the notoriety gained by Respondent due to this adverse publicity.
Findings Of Fact Respondent, David L. Smith, is a teaching veteran of twenty years and holds a teacher certificate by Florida. He is employed by Petitioner, the School Board of Pinellas County, as a teacher by means of a continuing contract. During times material, Respondent was assigned as a teacher at Pinellas Park High School. At the beginning of the 1991-92 school year, Respondent's father passed away and Respondent was allowed bereavement leave for a period of approximately eight days. The incidents alleged in Petitioner's charging letter and which is at issue herein occurred over a 5-day period from September 9-13, 1991, after Respondent returned from the burial of his father in the Midwest. During early September 1991, Respondent found a black student, Gregory Mills, sitting in his chair whereupon he replied to the class, "How far to you think I can throw this negro?" The term "negro" is offensive to some black students and Petitioner discourages the use of racial slurs in the school setting. The student to whom the remark was made, Gregory Mills, did not view the remark as offensive and considered that Respondent was making a joke of the incident. Mills view Respondent as a good teacher who gets along well with all students and was particularly concerned about the welfare of minorities, exemplifying such by assisting them in achieving their career objectives. At least one student, Robia Brown, who was in Respondent's class when Respondent made the "negro" remark to Mills thought that Respondent used the term "nigger" instead of "negro." However, the facts failed to support Robia Brown's recollection and it was not borne out by the testimony of Respondent and the student to whom it was directed, Gregory Mills. During times material, Bihn Vo was an oriental student at Pinellas Park and was an office assistant whose duties included taking messages and information from the office to individual classrooms. On one occasion following September 9, 1991, Vo was delivering information to Respondent's classroom. When Vo entered the wrong door, Respondent replied, "What do you want, you oriental son of a bitch?" On a separate occasion during early September 1991, information was delivered to Respondent's classroom for Kelly Slusser, a student. When the file which contained the information was given to Respondent, he threw the open file across the room and remarked, "[I] do not like her anymore." Also, during the same time period, Respondent grabbed Slusser by the neck and pushed her backwards leaving marks on her neck which were later visible by the assistant principal, Pamela Jones. As a result of those incidents, Slusser and another student, Robia Brown, withdrew from Respondent's class. During this period of time in early September 1991, Respondent openly used profanity in the presence of students. On September 9, 1991, Respondent experienced restlessness and an inability to sleep because of the mental state that he was experiencing following his father's burial and the internal strife that was brought upon him by his family members and some chicanery that was ongoing between Respondent and other family members about estate property which his father left. Respondent and his father enjoyed a very close relationship. His father's death was untimely occurring during a period when he (Respondent's father) appeared to have been enjoying good health. Respondent's father would spend most summers with him and they would vacation in and around Central Florida. As a result of the depression that Respondent appeared to suffer following his father's death, he visited his physician, David R. Newsome, M.D., for medication which would allow him to sleep at night. All of the incidents which are at issue occurred over a 5-day period from September 9-13, 1991. Following those incidents, Respondent took an 8-day leave from September 16-27, 1991, and received psychotherapy. On September 27, 1991, Respondent returned to his teaching duties and continued his employment with Petitioner until October 19, 1991, without further incident, at which time he was suspended by Petitioner. It is undisputed that Respondent was a popular teacher who often kidded with students. He appeared sleepy and drowsy during early September 1991 and at least one of Petitioner's supervisory employees questioned him about his well-being and suggested that he request administrative leave, which he did. Respondent's actions during the period September 9-13, 1991, came about as a result of his despondency over his father's death and he received medical treatment which appeared to have alleviated the problem. Respondent enjoys teaching and it does not appear that his effectiveness has been reduced to the point whereby he would be an ineffective teacher if he is afforded an opportunity to return to a classroom.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that: 1. Petitioner enter a Final Order (1) reversing its recommendation that Respondent be dismissed from his position of employment with Petitioner as an instructional employee, (2) that Respondent be placed on probation for a period of one (1) year under terms and conditions designed to assure that no further similar acts/occurrences that were displayed by him in September 1991 are manifested, and (3) that Respondent be reinstated with all other rights and benefits of a tenured instructor employed by continuing contract with the Pinellas County School Board. DONE and ENTERED this 29th day of May, 1992, in Tallahassee, Leon County, Florida. COPIES FURNISHED: BRUCE P TAYLOR ESQ SCHOOL BOARD ATTORNEY PINELLAS COUNTY SCHOOLS PO BOX 2942 LARGO FL 34649 2942 LAWRENCE D BLACK ESQ 650 SEMINOLE BLVD LARGO FL 34640 3625 J HOWARD HINESLEY SUPERINTENDENT OF SCHOOLS PINELLAS COUNTY SCHOOLS PO BOX 2942 LARGO FL 34649 2942 BETTY CASTOR COMMISSIONER OF EDUCATION THE CAPITOL TALLAHASSEE FL 32399 JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 29th day of May, 1992.
