The Issue Whether Respondent violated sections 1012.795(1)(d), 1012.795(1)(g), and 1012.795(1)(j), Florida Statutes (2008),1/ and Florida Administrative Code Rules 6B-1.006(3)(a) and 6B- 1.006(5)(a), and, if so, what discipline should be imposed.
Findings Of Fact Ms. Dunn holds Florida Educator's Certificate 930668, covering the area of exceptional student education, which is valid through June 30, 2012. At all times pertinent to this case, Ms. Dunn was employed as a varying exceptionalities teacher at Seminole High School in the Pinellas County School District (School District). Deborah Joseph (Ms. Joseph), the director of School Partnerships for St. Petersburg College, hired Ms. Dunn for the Spring Semester of 2009 to supervise 12 student interns, teaching in various Pinellas County elementary schools. Ms. Joseph credibly testified that she asked Ms. Dunn what Ms. Dunn would do with her current employment as a Pinellas County teacher, if offered a job. Ms. Dunn stated that she would resign as a teacher. On January 30, 2009, during school hours, Ms. Dunn left the Seminole High School campus without permission from the school administration. When the school's assistant principal, Phillip Wirth (Mr. Wirth), questioned Ms. Dunn about her whereabouts, Ms. Dunn alternately claimed that she had been given permission by another principal to leave the campus and that she had been meeting with another teacher. Neither of Ms. Dunn's explanations was supported by the assistant principal or the teacher. Consequently, on March 9, 2009, Mr. Wirth gave Ms. Dunn a written reprimand for her conduct. The evidence clearly and convincingly shows that Ms. Dunn continued her employment as a teacher at Seminole High School while at the same time working a second job for St. Petersburg College, supervising student interns working in elementary schools. Unfortunately, Ms. Dunn's work hours at Seminole High School coincided with the student interns' work hours at the elementary schools. In order to work both jobs, the record shows that Ms. Dunn was routinely untruthful in her use of sick leave time and left the Seminole High School campus during school hours without permission. For example, the record shows that she requested sick leave on February 26, 2009; March 4, 2009; March 6, 2009; and March 17, 2009. On those very same dates, Ms. Dunn signed in to supervise interns at Pinellas Central Elementary School, Sandy Lake Elementary School, Plumb Elementary School, and McMullen Booth Elementary. Again, on one date, April 23, 2009, Ms. Dunn wrote in her leave request that "family and kids touch [of] flu" and that she was signing out for a doctor's appointment beginning at 9:30 a.m. The record shows on that same day Ms. Dunn miraculously recovered from the illness and was able to eat lunch at her husband's nearby restaurant at 11:50 a.m., and then supervise an intern at Pinellas Central Elementary School at 1:33 p.m. In addition to misusing sick leave, the record clearly showed that Ms. Dunn would leave the Seminole High School campus without permission or signing out and would falsify school records. For example, the record clearly showed that, on April 16, 2009, Ms. Dunn left the school campus without permission. The record shows that she signed out for lunch at 1:00 p.m. and that she returned at 1:30 p.m. However, the records also show at 1:45 p.m., that same day, Ms. Dunn signed into High Point Elementary in order to supervise an intern. Again, on April 22, 2009, Ms. Dunn left Seminole High School without permission or signing out at 9:46 a.m. Walter Weller (Mr. Weller), the principal of Seminole High School, credibly testified that co-teachers, like Ms. Dunn, are placed in exceptional student education classes in order to assist with the students' individual education plans and to help the students succeed. Further, he credibly testified that it was important that teachers remain on campus to keep classrooms covered, and it is a safety issue for the students. James Lott (Mr. Lott), an administrator in the Office of Professional Standards for the School District, credibly testified that the School District felt that progressive discipline was not appropriate in Ms. Dunn's case, because her actions amounted to stealing time and outright falsification of records. Ms. Dunn testified that she did not dispute that she had the second job and claimed that the collective bargaining agreement allowed her to work a second job. Ms. Dunn testified that she never used time off with pay and that the School District should have used a progressive discipline against her, rather than terminating her employment. Further, Ms. Dunn claimed that she and the School District had reached an agreement concerning her claim for unemployment compensation that the School District "would not go after my certificate." Ms. Dunn showed no remorse or acknowledgement of her many untruthful statements or wrongdoing.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that Ms. Dunn violated sections 1012.795(1)(d), 1012.795(1)(g), and 1012.795(1)(j) and rules 6B-1.006(3)(a) and 6B-1.006(5)(a), and suspending her educator’s certificate for two years followed by a period of three years' probation during which she shall be required, along with standard conditions utilized by the Education Practices Commission, to complete a three-hour college level course in ethics during the first year of her probation. DONE AND ENTERED this 27th day of April, 2011, in Tallahassee, Leon County, Florida. S THOMAS P. CRAPPS 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 27th day of April, 2011.
Findings Of Fact Peter F. Camfferman was employed as a vocational instructor with the Seminole Vocational School by the Pinellas County School District. Peter F. Camfferman is certified by the State to teach in the area of cabinet making/wood working. He is not certified to teach in any other field and has never been certified to teach in any other field in the past. On March 11, 1993, J. Howard Hinesley, the Superintendent of Schools notified Mr. Peter F. Camfferman by letter that he would be recommending the termination of Mr. Camfferman's teaching position because there was not sufficient demand for cabinet making instruction to support the continuance of a full time instructor at the Seminole Vocational School. In the past, Peter F. Camfferman was allowed to teach out of field in the areas of practical construction trades and basic gas engines at Seminole Vocational School. During the 1992-93 school year, Mr. Camfferman was notified that, in accordance with Florida State Board of Education Rule 6A-10.0503, he would not be allowed to continue teaching out-of-field in the 1993-94 school year unless he took at least six semester hours toward infield certification or completed certification requirements within the twelve months from the date of his assignment to that out-of-field course of instruction. After notification, Mr. Camfferman made no efforts to complete any instruction or accomplish certification in any other areas of instruction. Enrollment of forty-five to fifty students is required in a vocational course to support the assignment of a full time instructor. For the 1993-94 school year less than twenty-five students have applied for the course of cabinet making at Seminole Vocational School. State funding for vocational education is based on the amount of demand for a certain vocational course. FTEs or full time equivalents are assigned based on the total number of students who have enrolled for a certain vocational course. Units of funding are then allotted in accordance with the number of FTEs established. If there are insufficient FTEs to establish a full unit then State funding for that course will be less than what is required to provide for a full time instructor. When it was determined that there was an insufficient demand to justify the continuance of a full time instructor in the area of cabinet making at Seminole Vocational School, other areas of employment within the school district were considered for Mr. Peter F. Camfferman. There were no openings in positions for the teaching of cabinet-making in the district. There were two other cabinet-making instructional positions within the district. Both of those positions were filled by instructors who had obtained a professional service contract. In accordance with prior district policy, which had been consistently followed, these instructors who had obtained professional service contracts were not removed from their positions in order to place Mr. Camfferman. There was an attempt to employ Mr. Camfferman in a supporting services position. Two positions were offered to Mr. Camfferman. A roofer's position and a carpenter's position were offered to Mr. Camfferman. He refused to accept either of these positions. The agreement between the School Board of Pinellas County and the Pinellas Classroom Teachers' Association, which was in effect for the school year 1992-93, states in Article XXI, Section C, that except in an emergency, to ensure that students are taught by teachers working within their areas of competence, teachers shall be assigned to teach only in the grades and subject fields for which they are qualified as well as in accordance with the regulations of the State Board of Education. The agreement also stated in Article XXII, Section A, that should economic circumstance dictate a reduction of personnel, the Board shall take whatever steps are necessary to assign personnel to appropriate positions within the district for which they are qualified consistent with this agreement and the law. Attempts were made during the 1992-93 school year to improve enrollment in the cabinet-making program at Seminole Vocational School. Those efforts include attendance at evening career fairs and encouragement of guidance counselors to suggest the area of cabinet-making to students considering taking a carpentry or wood working type course. Mr. Camfferman had every opportunity to attempt to improve the demand for the cabinet making course at Seminole Vocational School by attending these evening fairs. He chose not to attend.
Recommendation That a final order be entered sustaining Peter F. Camfferman's dismissal as a Vocational Instructor at the Seminole Vocational School. RECOMMENDED this 28th day of July, 1993, in Tallahassee, Leon County, Florida. K. N. AYERS 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 28th day of July, 1993. APPENDIX TO RECOMMENDED ORDER, CASE NO. 93-1643 Proposed findings submitted by Petitioner are incorporated in the Hearing Officer's findings. Proposed findings submitted by Respondent are accepted except as noted below; Rejected. Mr. Camfferman was informed that he needed to take additional courses to continue to teach out of fields for which he was not certified. Last sentence rejected. Accepted. However, these rules and requirements were also available to Mr. Camfferman. 6.-7. Rejected as not supported by credible evidence. COPIES FURNISHED: Keith B. Martin, Esquire Post Office Box 2942 Largo, Florida 34649-6202 Lawrence D. Black, Esquire 650 Seminole Boulevard Largo, Florida 34640-3625 Dr. J. Howard Hinesley, Superintendent Pinellas County School Board Post Office Box 4688 Clearwater, Florida 33518 Hon. Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32399-0400
The Issue The issues posed for decision herein are whether or not the Respondent, during the Spring of 1977, supplied beer and marijuana to female students of Seminole Middle School; whether he smoked or permitted them to smoke marijuana in his apartment during this period and whether such conduct constitutes acts violative of Chapter 231.26 and 231.09, Florida Statutes, and Rules 6A-4.37 and 6B-1 of the State Board of Education, Florida Administrative Code. Based on the testimony of the witnesses and their demeanor while testifying, including the entire record compiled herein, I make the following:
Findings Of Fact The Respondent is the holder of a Graduate Rank III teaching certificate number 318622 and has been employed as a teacher for approximately five years. During school year 1976-1977, he was assigned as a teacher at Seminole Middle School. By letter dated September 2, 1977, from Gus Sakkis, Superintendent of Schools for Pinellas County, Respondent was advised that he was suspended, without pay, from his duties at Seminole Middle School beginning August 24, 1977, and was further advised that it was the Superintendent's "intention to recommend to the School Board of Pinellas County at their regular meeting of September 28, 1977, that it sustain the suspension and that [Respondent's] contract with the School System be cancelled." Respondent was also advised that he was being charged with misconduct in office pursuant to Section 231.36, Florida Statutes. As stated, the acts which comprise the alleged misconduct in office by Respondent involve the giving/selling of alcoholic beverages and marijuana, to- wit: beer and marijuana to certain eighth grade students in the Seminole Middle School, Pinellas County, Florida, during the 1976-1977 school year and the summer months of 1977; that the Respondent smoked marijuana in the presence of the same students on several occasions and that Respondent drank beer and/or other alcoholic beverages with the students. To substantiate the allegations contained in the Petition for Revocation of Respondent's Teaching Certificate, the Petitioners presented the testimony of four female students: Stacey Soper, Terri Cotterman, Donna Lombardi and Genine Buckley. Petitioners also presented witnesses Lois Beacham, Douglas McBriarty and Ruth A. McNutt, all employees in the Pinellas County school system. Stacey Soper, a fifteen year old ninth grade student at Seminole Middle School was an eighth grade student during the 1976-1977 school year. She testified that she lived in the same apartment complex as the Respondent and saw him on numerous occasions at the apartment complex, the swimming pool and at football and baseball games. She has smoked marijuana before and drank beer. She recalled having smoked marijuana supplied by Respondent on at least three occasions along with two other students, Terri Cotterman and Genine Buckley. She recalled this incident as having occurred during the Spring of 1977, in addition to one other occasion in which she drank beer with Respondent. She testified that on one occasion she asked Respondent to sell her a "joint" for which she paid seventy-five cents. (She recalled at least one other occasion during the Spring of 1977, when she asked Respondent to give her some "pot." She testified that when the marijuana was smoked, Respondent and two or three other students were engaged in smoking one "joint" at a time. While so doing, she testified that Respondent would close the door to his apartment. Respondent kept marijuana in a plastic bag in a desk drawer in his coffee table. She testified that these smoking sessions lasted from one to one and one half hours. The witness reiterated her familiarity with marijuana and beer as she has drunk beer and smoked marijuana on numerous occasions prior to the subject occasion with Respondent. Terri Cotterman, a fifteen year old ninth grade student at Seminole Middle High School recognized Respondent and noted that Respondent taught her for one week during her seventh grade school year and was her regular English teacher during her eighth grade school year. Cotterman also had smoked marijuana with Genine Buckley (Genine) and Stacey Soper (Stacey) during the Spring of 1977. She testified that she, along with Genine and Stacey, smoked marijuana with Respondent and another former instructor in the school system, a Mr. Asbury, who brought them home after they smoked marijuana at Respondent's apartment. She recalled that on one occasion, after they finished smoking marijuana and was sitting around the apartment, there was a knock on the door and two individuals, later identified as Alvin Philpot and Margaret Croskey, visited Respondent's apartment. She testified that when they entered the apartment, Mr. Asbury advised Respondent that "you'd better get them out of here." They all left and Mr. Asbury drove them home. She specifically recalled that the marijuana had been smoked when Philpot and Croskey came to Respondent's apartment. Witness Soper testified that she asked Respondent to purchase a six- pack of beer for them sometime during the 1977 Memorial Day weekend. She testified that while she remembered Respondent purchasing the beer for them, she failed to recall which brand was purchased or whether the beer was in glass or metal containers. Donna Lombardi, also a student, recalled being in Respondent's apartment complex on approximately two occasions and recalled one time when Respondent bought herself, Terri and Stacey a six-pack of beer (TR. 151). She testified that Respondent was outside washing his car when Donna, Terri and Stacey asked Respondent to buy them some beer. Respondent agreed, purchased the beer and they drank it in Stacey's apartment. Lois Ann Beacham, an Assistant Principal at Seminole Middle School, has known Respondent as a coworker since approximately 1973. Ms. Beacham recalled two conferences in which she had, prior to the subject incidents, warned Respondent of the "hands-off" policy in effect at the school as it related to instructors and preadolescent students. She testified that the first incident stemmed from an occasion in which a student, Wendy Aydlett, cuddled up to Respondent at a table in the library and moved her chair closer to him. This occurred during the months of October thru December, 1976. Another incident occurred during November 1976, when a student whose last name was Vega, rode her bicycle over to Respondent's apartment and her mother later learned of this, became highly upset and brought the matter to the attention of Mrs. McNutt, the head of the eighth grade sub-team. Ms. Beacham and Mrs. McNutt met with Respondent the following day and they discussed the matter. According to Ms. Beacham, Respondent received the advice given him during the conferences in a graceful manner and thanked them for the manner in which the incidents were handled. No similar incidents occurred. Douglas McBriarty, Director of Instructional Personnel for the Pinellas School System, is involved on a day-to-day basis in the handling of teaching problems, hiring, leave problems and investigation and handling of complaints filed against teachers for improper activities or misconduct in office. He has held this position for approximately eight years. Mr. McBriarty became involved in Respondent's case when Mr. Zachary, Principal at Seminole Junior High School, called him and advised that a detective Howe from the Pinellas County Sheriff's Department had approached him about statements from three students (Soper, Cotterman and Buckley) which had originated from a diary found by a mother which made references to Respondent having drank beer and smoked marijuana with students. Dr. McBriarty approached Respondent about the allegations and he essentially denied that any of the allegations were true. Dr. McBriarty asked Respondent if he and Mr. Zachary could examine his apartment which Respondent agreed to. They visited Respondent's apartment and found no traces of marijuana or any paraphernalia associated with the smoking of marijuana. Dr. McBriarty testified that he examined a coffee table which was alluded to by the students in their statements and found nothing. Dr. McBriarty voiced his opinion that Respondent's effectiveness as an employee of the School Board had been reduced based on the incidents brought about as a result of the School Board's investigation and stated this was reinforced by his talks with parents of the students involved. He testified that at all times Respondent was cooperative and responded to questions asked of him. Prior to Dr. McBriarty asking Respondent if he and the principal could visit his apartment, he (Respondent) had no knowledge that an investigation of him was ongoing. Based on Dr. McBriarty's investigation, he made a recommendation to Dr. Sakkis, Superintendent, that Respondent should be suspended based on acts which in his opinion, amounted to misconduct in office. It was based on this recommendation that Respondent was suspended by the above referenced letter of the School Board dated September 2, 1977, and it was this action which prompted the investigation and Petition for Revocation by the Professional Practices Council. Respondent's Defense At the outset of the Respondent's defense, counsel moved for a dismissal of the charges arguing essentially that, assuming arguendo that the complaint allegations are true, the record was barren of any evidence tending to show that the Respondent's effectiveness had been reduced as per the teaching of BOYETTE v. STATE, PROFESSIONAL PRACTICES COUNCIL, 346 So.2d 598 (Fla. 1st D.C.A. 1977). Additionally, Respondent's counsel urged that the proof falls short of showing that the alleged acts and/or conduct allegedly engaged in by Respondent as testified to by Petitioners' witnesses, failed to establish any official misconduct within the meaning of Chapter 231.36, Florida Statutes. This Motion was denied based on the undersigned's opinion that the Petitioners had established a prima facie case. The Respondent denied that he had either given or sold beer or marijuana to Seminole Middle School students as alleged or that he engaged in any of the alleged acts complained of herein. Additionally, in support of his position, Respondent offered the testimony of witnesses Alvin Philpot and Margaret Croskey. They denied that they witnessed any marijuana being smoked at the Respondent's apartment when they visited him on the occasion when students Soper, Buckley or Cotterman were present. They also stated that they only witnessed one beer can present in Respondent's apartment and that they did not smell any marijuana in the apartment. Finally, they testified that the students left shortly after they arrived. An analysis of the testimony of witnesses Croskey and Philpot was not at all viewed as contradictory of the testimony of student witnesses Soper, Cotterman, Buckley or Lombardi. As a matter of fact, the student witnesses testified that when witnesses Croskey and Philpot arrived, they had finished smoking the marijuana. Contrasting the testimony of witnesses Soper, Cotterman, Lombardi, Buckley and McBriarty, with that of witnesses Croskey and Philpot (as well as the Respondent) the testimony of the witnesses offered by Petitioners i.e., Soper, Cotterman, Lombardi, Buckley and McBriarty, is more creditable. While there were some minor discrepancies in the student witnesses testimony respecting dates, they all testified without contradiction that they in fact smoked marijuana with Respondent which at times was supplied by him either free or for monetary consideration and that he purchased beer for them. Significantly, all of the students had high regards for the Respondent as an instructor and no ulterior motive was advanced by Respondent which would tend to show that the student witnesses would have any basis to fabricate their testimony. Noteworthy too, is the fact that these factors did not come to light until one of the students' parents learned of the activities by reading her daughter's diary. This hardly resembles a situation where student witnesses are out to "get their teacher." That a public school teacher would permit such a blatant violation of the law [Section 893.13(1)(f), F.S.] to take place under any circumstances is totally incomprehensible and raises serious questions concerning his fitness to continue in a teaching capacity. By such acts and conduct, it is, therefore, concluded that Respondent performed acts constituting misconduct in office as alleged. However, the Petition (Complaint) allegations wherein it is argued that the Respondent's effectiveness as a teacher has been reduced by his acts and conduct as set forth hereinabove, presents a more difficult issue. Here, as in Boyette, supra, the second element of the charge, i.e., that Respondent's effectiveness as a school teacher was seriously reduced as a result of the conduct complained of, was based almost entirely by the Petitioners upon the opinion testimony of Dr. McBriarty. While the record clearly reveals that the Respondent's acts and conduct herein were misguided, they fail to demonstrate that he was unfit to continue as a teacher. The testimony of those instructors who had any knowledge of Respondent's abilities indicated that he is a competent teacher and that he had not been seriously disciplined in the past. Under these circumstances, I, accordingly, find that the Petitioners failed to establish that necessary quantum of proof to support the allegations that the Respondent's effectiveness as a school teacher was reduced as a result of the conduct complained of herein.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby recommended that the Petitioner, Pinellas County School Board's, suspension of Respondent without pay be sustained for a period of two years. Additionally, it is further recommended that the Petitioner, Professional Practices Council, place the Respondent's teaching certificate under suspension from the date of the Pinellas County School Board's letter initially suspending him thru the 1978-79 school year. RECOMMENDED this 21st day of June, 1978, in Tallahassee, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings Room 530, Carlton Building 2009 Apalachee Parkway Tallahassee, Florida 32304 (904) 488-9675
