Findings Of Fact Respondent currently holds Florida Teaching Certificate No. 162096, Post Graduate Rank II, which is valid through June 30, 1991, covering the areas of elementary education, junior college, reading and guidance. At all times material hereto, Respondent was employed as an elementary school teacher in the public schools of Duval County, Florida, at Garden City Elementary School. On June 6, 1978, Respondent was involved in an incident at the K-Mart department store located at 9459 Lem Turner Road, Jacksonville, Florida, which resulted in the filing of the Petition herein. On that date, Respondent was observed by the store's Security Manager while she was shopping in the ladies' wear department. The Security Manager was stationed behind one of sixteen observation windows situated in the ceiling of the store. From this vantage point, the Security Manager observed Respondent while she removed an orange bathing suit from a display rack and proceeded with the bathing suit to the infants wear department. Respondent then took the bathing suit off its hanger and placed the suit on top of her purse. Shortly thereafter, the Security Manager saw Respondent fold the swim suit and conceal it in her purse. Respondent then proceeded to the front of the store where she attempted to exit through the front entrance. At no time did Respondent approach the check-out counter prior to attempting to exit the store premises. The store Security Manager prevented Respondent from exiting the store by calling another store employee located at the front door of the store on the house telephone. The Security Manager advised this employee that Respondent was heading toward the front door, and requested that Respondent be detained. When the employee stopped Respondent, the Security Manager, with the assistance of other store employees, escorted Respondent to the Security Manager's office for further questioning. Once in the Security Manager's office, Respondent was read the following information contained on a card in the Security Manager's possession: You have the right to remain silent and not to answer any questions. Any statement you make must be freely and voluntarily given. You have the right to the presence of a lawyer of your choice before you make any statement and during any questioning. If you cannot afford a lawyer, you are entitled to the presence of a court- appointed lawyer before you make any statement and during any questioning. If any time during the interview you do not wish to answer any questions, you are privileged to remain silent. I can make no threat or promises to induce you to make a statement. This must be of your own free will. Any statement can be and will be used against you in a court of law. After reading this information to Respondent, the Security Manager requested that Respondent give him the bathing suit, but Respondent refused to remove it from her purse. Thereupon, the Security Manager opened Respondent's purse and removed an orange bathing suit which still had tags attached to it. During the course of questioning by the Security Manager, Respondent refused to divulge her name, employment or other identification. Additionally, on several occasions Respondent requested that she be allowed to pay for the merchandise, and indicated that she was a professional woman and could not afford to get into any trouble. The incident was reported to law enforcement officials, and an officer, responding to the call, placed Respondent under arrest and left the store premises with Respondent in custody. Respondent has an excellent reputation for truth and honesty in the school in which she is employed and in the surrounding community. According to evidence in the record in this proceeding, Respondent had never done anything prior to this incident to bring herself or the education profession into public disgrace or disrespect, and had never failed to set a proper example for students. There is no evidence in the record from which it can be concluded that Respondent's effectiveness as an employee of the School Board has been reduced as a result of this incident. In fact, there is no evidence that any students at the school or any parents of students were aware that the incident had ever occurred. Respondent is a Lead Teacher in the Title I reading program and has demonstrated her effectiveness and creativity in that position, and enjoys an excellent rapport with her pupils. There is no evidence in this record that Respondent ever pleaded guilty or was convicted of any misdemeanor, felony or other criminal charge. In fact, the only evidence in this regard is an order entered by Judge Louise Walker of the Duval County Court, pursuant to Section 901.33, Florida Statutes, expunging all records concerning the arrest, investigation and prosecution arising from the incident hereinabove described. Both Petitioner and Respondent have submitted proposed findings of fact in this proceeding. To the extent that such findings of fact are not adopted in this Recommended Order, they have been specifically rejected as being either irrelevant to the issues in this cause, or as not having been supported by the evidence.
The Issue Whether the Respondent's teaching certificate should be disciplined for alleged acts of incompetence and ineffectiveness as set forth in the Administrative Complaint, dated July 23, 1996, in violation of Sections 231.28(1)(b) and (f), Florida Statutes.
Findings Of Fact The Respondent holds Florida teaching certificate 353304, covering the area of English, which is valid through June 30, 1999. During the 1992-1993, 1993-1994 and first half of the 1994-1995 school years, the Respondent was employed as a teacher at Oak Ridge High School in the Orange County School District. 3. During the 1992-1993, 1993-1994 and 1994-1995 school years, administrators at Oak Ridge High School received numerous complaints from students and parents about the Respondent’s teaching performance. Many students requested permission to be transferred out of the Respondent’s English class because they were not learning anything. 4. During the 1992-1993, 1993-1994 and 1994-1995 school years, administrators at Oak Ridge High School conducted both formal and informal observations of Respondent’s teaching performance in the classroom. The administrator’s observations consistently disclosed that Respondent was disorganized and not in control of her students. Respondent exercised poor disciplinary methods with her students. Upon repeated requests, Respondent could not produce her grade book, or other documentation, to support her grading of students. Respondent’s behavior with, and around, students in the classroom was erratic and aberrant. Her actions in and out of the classroom were unusual, inexplicable and disturbing to her students and colleagues. Respondent’s assigned room was disheveled and dirty. Although administrators at the high school offered the Respondent professional help, made useful suggestions and recommended workshops and in-service training, the Respondent failed to follow their advice or attend any workshops or training sessions. As the result of her erratic and aberrant conduct, in January 1995, the Respondent was relieved of her teaching duties by the Orange County School District and directed to undergo psychiatric evaluation. The Respondent refused to comply with said directive. The Orange County School District brought dismissal proceedings against the Respondent based upon her unsatisfactory teaching performance, her inappropriate conduct and behavior, and her refusal to comply with directives. The Respondent failed to respond to the notice of the recommendation for dismissal. Respondent was subsequently dismissed from her position of employment. The Respondent’s teaching performance during the 1992- 1993, 1993-1994 and the first half of the 1994-1995 school years demonstrated that she was incompetent to teach. The Respondent’s personal conduct during the 1992-1993, 1993-1994, and the first half of the 1994-1995 school years at Oak Ridge High School seriously reduced her effectiveness as an employee of the Orange County School Board.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be issued finding that Respondent, Ruby Lightsey, did violate the provisions of Sections 231.28(1)(b)and (f), Florida Statutes, due to her incompetence and ineffectiveness. It is further RECOMMENDED that a Final Order be issued revoking Respondent’s teaching certificate subject to re-application upon such conditions as the Education Practices Commission shall deem appropriate and necessary. DONE AND ENTERED this 11th day of April, 1997, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904)488-9675 SUNCOM 278-9675 Fax filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 11th day of April, 1997. COPIES FURNISHED: J. David Holder, Esquire 14 South 9th Street DeFuniak Springs, Florida 32433 Ms. Ruby Lightsey 524 Kittredge Drive Orlando, Florida 32805 Michael H. Olenick General Counsel Department of Education The Capitol, PL-08 Tallahassee, Florida 32399-0400 Karen B. Wilde Executive Director The Florida Education Center Room 224-B 325 West Gaines Street Tallahassee, Florida 32399 Kathleen M. Richards, Administrator Professional Practices Services 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400
The Issue Whether Respondent committed the offenses set forth in Administrative Complaint and, if so, what penalties should be imposed?
Findings Of Fact Respondent holds Florida Education Certificate No. 460644, covering the areas of Educational Leadership and Social Science. The license is valid through June 30, 2001. At all times material to this proceeding, Respondent was employed as a substitute teacher at Marathon High School in the Monroe County School District. On or about November 26, 1996, Respondent submitted an application for renewal of a Professional Florida Educator's Certificate to Petitioner's Bureau of Teacher Certification. On the application, Respondent checked "no" in response to the following question: Have you ever been convicted of a crime, found guilty, or entered a plea of nolo contendre or had adjudication withheld in a criminal proceeding; or are there any criminal charges now pending against you. Failure to answer this question accurately could cause denial of certification. By indictment of the grand jury convened in Pickens County, South Carolina, on June 22, 1995, Respondent was charged with "Assault and Battery of a High and Aggravated Nature" and with the offense of "Disturbing Schools." Respondent pled guilty to the charge of Disturbing Schools and the lesser charge of "Simple Assault and Battery" on March 18, 1996. He received a sentence of a $200 fine and a suspended 90 days jail sentence. On or about October 6, 2000, Petitioner submitted its First Request for Admissions to Respondent. Respondent failed to answer, admit, or deny the truth of the matters asserted in the request; namely, that Respondent submitted the application for renewal of a Professional Florida Educator's Certificate in the manner and form described in paragraph 3, above, and that he pled guilty to the criminal charges described in paragraph 4, above. Pursuant to Rule 1.370(b), Fla. R. Civ. P., the truth of the matters asserted in the request is conclusively established.
Recommendation Based upon the findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered revoking Respondent's teaching certificate for a period of three years. DONE AND ENTERED this 22nd day of December, 2000, in Tallahassee, Leon County, Florida. DON W. DAVIS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 22nd day of December, 2000. COPIES FURNISHED: William B. Graham, Esquire Graham, Moody & Sox, P.A. 215 South Monroe Street, Suite 600 Tallahassee, Florida 32301 Costa Lempesis 1334 Bryjo Place Charleston, South Carolina 29407 Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 224-E Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Michael H. Olenick, General Counsel Department of Education The Capitol, Suite 1701 Tallahassee, Florida 32399-0400 Jerry W. Whitmore, Chief Bureau of Educator Standards Department of Education 325 West Gaines Street, Suite 614 Tallahassee, Florida 32399-0400
Findings Of Fact The Petitioner filed an application for a Florida educator's certificate with the Respondent on June 17, 1989. In Section III of his application, Petitioner indicated that he held a permanent teaching certificate from the State of New York that entitled him to teach nursery, kindergarten and grades one through six. Petitioner signed his application for certification under oath, and thereby certified that all information contained therein was true, correct and complete. On October 14, 1988, the Petitioner was served with a formal notice that proceedings were being instituted by the Commissioner of Education for the State of New York based on allegations that he had falsely claimed to the Greenport Union Free School District where he was employed in New York that he held certification as a school administrator and supervisor. Rather than participate in a formal hearing on this charge, Petitioner stated his intention to voluntarily surrender his teaching certificate in the State of New York by letter dated December 16, 1988. However, when he failed to surrender his official credentials and file a statement of surrender, the Petitioner was informed by letter from the New York Department of Education dated January 13, 1989, and delivered to his last known address by certified mail, that his teaching certificate would be revoked unless he surrendered his certificate and filed the required statement. Petitioner did not comply with this request, and as a result, his New York teaching certificate was revoked on March 28, 1989. The evidence in the record establishes that at the time Petitioner filed his application for Florida certification on June 17, 1989, he did not hold a valid teaching certificate in the State of New York. He had attempted to surrendered his teaching certificate on December 16, 1988, rather than participate in a formal hearing on charges of misconduct. When he failed to comply with the requirement of the New York Department of Education that he relinquish his actual teaching certificate and file a letter of surrender, his certificate was formally revoked on March 28, 1989. Petitioner knew, or should have known, that the information he provided, under oath, in Section III of his application for a Florida educator's certificate was untrue, incorrect and incomplete. Petitioner never challenged the action of the New York Commissioner of Education regarding the revocation of his teaching certificate in that state. He had been placed on notice that his failure to relinquish his teaching certificate and to file a letter indicating his desire to surrender his certificate would lead to revocation. Although the Petitioner sought in this case to discredit and contradict the allegations made against him in New York, the finality of the action taken in New York cannot be collaterally attacked in this proceeding. The merits of those allegations were never litigated in New York because Petitioner chose not to proceed to hearing. He cannot now, in Florida, attempt to litigate the allegations which he had every opportunity to contest in New York, but which he decided not to contest. His New York certificate was revoked due to his failure to surrender his credentials and to file a letter of surrender, as he had agreed to do on December 16, 1988, and that action is final and not subject to challenge in this proceeding. At hearing, Petitioner claimed that he had moved from New York to Virginia in early 1989, and never received the letter dated January 13, 1989, from the New York Department of Education warning him of the revocation of his New York license if he did not relinquish his credentials and file a letter of surrender, as he had stated he wished to do. However, this letter was sent to his last address of record in New York, by certified mail, and was signed for by a "J. Brown." Section VII of Petitioner's Florida application provides a character reference on Petitioner's behalf by "James G. Brown" who represents himself on said application to have been a friend of Petitioner's for 16 years, and whose address is shown as the same as Petitioner's last known New York address. Therefore, notwithstanding Petitioner's denial of having received the letter dated January 13, 1989, warning of revocation of his New York certificate, it is found that such notice was delivered to his last known address, and was received by the same person that Petitioner would have Respondent accept as a character reference on his behalf. Notice of the actual revocation of his New York license was also sent to Petitioner's last known address in New York. It can only reasonably be inferred that Petitioner's friend of 16 years, J.Brown, told him of the certified mail he had received and that, therefore, Petitioner had knowledge of the actual status of his New York certificate at the time he gave false information on his Florida application. Petitioner only reluctantly admitted, at hearing, that the information he provided in Section III of his Florida application was incorrect and untrue. Instead, he insisted that he had not intended to be misleading, but had simply not read the application carefully and had been hurried when he completed the form by signing it on June 17, 1989. By his demeanor and testimony, it is clear that Petitioner does not appreciate the importance of providing true, correct and complete information on an application for a Florida educator's certificate.
Recommendation Based upon the foregoing, it is recommended that Respondent's denial of the Petitioner's application for an educator's certificate be AFFIRMED by the Education Practices Commission. RECOMMENDED this 4th day of October, 1990 in Tallahassee, Florida. DONALD D. CONN Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Filed with the Clerk of the Division of Administrative Hearings this 4th day of October, 1990. APPENDIX TO RECOMMENDED ORDER, CASE NO. 90-1405 Petitioner filed a Summary of Evidence, which has been considered, rather than Proposed Findings of Fact on which specific rulings can be made. Rulings on the Respondent's Proposed Findings of Fact: 1-2. Adopted in Finding 1. Adopted in Findings 4 and 6. Adopted in Findings 2 and 3. Adopted in Findings 2 through 5. Adopted in Findings 3 and 6. COPIES FURNISHED: J. David Holder, Esquire 1408 North Piedmont Way Suite 100 Tallahassee, FL 32312 Clifford J. Evert, Sr. 8420 S.W. 3rd Court Apt. 201 Pembroke Pines, FL 33025 Karen B. Wilde, Exec. Director Education Practices Commission 301 Florida Education Center 325 West Gaines Street Tallahassee, FL 32399 Martin Schaap, Administrator Professional Practices Services 325 West Gaines Street, Room 352 Tallahassee, FL 32399
The Issue Whether Respondent committed offenses, as set forth in the Administrative Complaint, sufficient to justify the imposition of discipline with regard to Respondent's Florida educator's certificate, and if so, what penalties should be imposed?
Findings Of Fact Respondent holds Florida Education Certificate No. 720360, covering the area of business education, and was employed in the Santa Rosa County School system during the 2000-2001 school term as a business education teacher at Milton High School. Student S.B. was born April 19, 1983, and attended Milton High School for four years. During that time, she knew Respondent as a teacher and coach at the school. As a senior during the Fall of 2001-2002 school year, S.B. and her friend, J.N., another female student, called Respondent on the telephone as a joke. They told him they were coming to see him at his house. He said okay. That night, as the two female students left Respondent's home after staying about an hour, Respondent kissed S.B. on the mouth. Later, Respondent called S.B. at her home or placed calls to her cellular telephone on several occasions. S.B. also called Respondent. Sometimes, these telephone calls lasted for an hour or more. During the 2000-2001 school year, S.B. visited Respondent at his home on at least four and possible as much as six different occasions. Each visit occurred in the evening at Respondent's home when S.B. and Respondent were the only persons present. Respondent was a 33-year-old teacher and S.B., a 17-year-old student. Respondent and S.B. kissed and embraced each other on each of the visits by S.B. to Respondent's home. On the last visit, Respondent removed S.B.'s shirt, fondled her breasts through her bra and touched her vaginal area through her clothing. Respondent laid on top of S.B. and pressed his penis against her vagina through their clothing. Respondent professed his love for S.B. and talked to her about a future together following her graduation from high school. Respondent and S.B.'s relationship became the subject of rumors at Milton High School in March of 2001. Approximately three teachers had conversations with the Milton High School assistant principal that something was going on between S.B. and Respondent. The assistant principal confronted Respondent on March 16, 2001. Respondent denied any involvement with the two female students, S.B. and J.N., beyond two visits with them at his home where, he claimed, nothing happened between him and S.B. The assistant principal spoke with S.B. on March 16, 2001, and again confronted Respondent. This time, Respondent confessed to the relationship. He admitted to three or four occasions when he had kissed S.B. in the course of her visits to his house and that he had rubbed her breasts over her shirt. Respondent's improper conduct with S.B. became common knowledge among faculty, parents, and students at Milton High School. As a result of his admitted misconduct with S.B., the Santa Rosa County School District suspended Respondent on April 12, 2001, and that suspension continues in effect pending the outcome of this proceeding. Respondent's actions with regard to S.B. is immoral. A 33-year-old male teacher kissing, fondling, and hugging a 17-year-old student is an act of moral turpitude. Respondent's involvement with S.B. and the resulting publicity have seriously reduced Respondent's effectiveness as a teacher. Respondent's conduct and actions with S.B. exposed the student to conditions which were, or could have been, harmful to her mental and physical health. Respondent's actions knowingly and intentionally exposed S.B. to unnecessary embarrassment and disparagement. Respondent exploited his relationship with S.B. for personal gain. Respondent carried on a romantic relationship with a 17-year-old girl in order to satisfy his own romantic and sexual desires.
Recommendation Based upon the findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered finding Respondent guilty of the offenses set forth in the Administrative Complaint and revoking Respondent's Florida Educator Certificate No. 720360. DONE AND ENTERED this 5th day of September, 2002, in Tallahassee, Leon County, Florida. DON W. DAVIS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 5th day of September, 2002. COPIES FURNISHED: J. David Holder, Esquire 24357 U.S. Highway 331, South Santa Rosa Beach, Florida 32459 Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Room 224E Tallahassee, Florida 32399-0400 R. John Westberry, Esquire Holt & Westberry 1108-A North 12th Avenue Pensacola, Florida 32501 Jerry W. Whitmore, Chief Bureau of Educator Standards Department of Education 325 West Gaines Street, Suite 224-E Tallahassee, Florida 32399-0400
