The Issue Whether there exists just cause to suspend Respondent from his teaching position for five days, without pay, for "misconduct in office" and "immorality," as alleged in the Administrative Complaint.
Findings Of Fact Based on the evidence adduced at hearing, and the record as a whole, the following findings of fact are made: The School Board is responsible for the operation, control, and supervision of all public schools (grades K through 12) in Broward County, Florida (including, among others, Piper High School (Piper)), and for otherwise providing public instruction to school-aged children in the county. At all times material to the instant case, Enid Valdez was the principal of Piper; Patrick Lowe, Robert Godwin, and Sharon Grant were assistant principals at the school; and Donavan Collins was the school's social studies department chair. Respondent has been a social studies teacher at Piper since 2002. He presently holds a professional services contract with the School Board. During the first semester of the 2009-2010 school year, Respondent taught three American History classes at Piper (during the first, second, and fourth periods of the school day). The previous school year, in or around February 2009, Respondent had ordered, in his own name, a 25-copy per issue subscription for the upcoming 2009-2010 school year to "New York Times Upfront" (Upfront), a magazine for high school students published by Scholastic, Inc., that Respondent believed to be an "excellent [learning] tool" from which his students could benefit academically. The total cost of the subscription (Upfront Subscription) was $246.13. Respondent planned to use the magazine in the classes he would be teaching at Piper the following school year. After receiving, in or around August 2009, 25 copies of the September 2009 issue of Upfront, the first issue of the 2009-2010 school year, Respondent distributed them to the students in his three American History classes for their review. He told the students they each would have the option of using Upfront, instead of School Board-provided materials, for class assignments, provided they paid him $3.00 to help cover the cost of the Upfront Subscription. He subsequently asked each student in his three classes whether or not that student wanted to exercise this option and noted on the class roster those students who responded in the affirmative (Upfront Option Students). For the next two or so months, he collected money (in cash) from the Upfront Option Students and recorded each payment he received. On October 22, 2009, using his debit card, Respondent made an initial payment to Scholastic of $124.00 for the Upfront Subscription (that he had ordered in or around February 2009). He made a second and final payment of $122.13 (again using his debit card) on November 3, 2009. The money Respondent collected from the Upfront Option Students was insufficient to cover the $244.13 cost of the Upfront Subscription. Respondent paid the shortfall out of his own pocket. Sometime in early November 2009, Respondent gave the Upfront Option Students their first assignment from the magazine (copies of which Respondent had distributed to the students). During the 2009-2010 school year, Piper had the following policy concerning the collection of money (Piper Collection of Money Policy), which was published in the Piper 2009-2010 Faculty Handbook: Money is never to be left in any classroom, storage cabinet, or office desk. Collected money is the responsibility of the teacher and is deposited with the school bookkeeper by the end of the day. A receipt will be given when the money is deposited. Money cannot be collected by any teacher unless the collection and distribution of the money has been previously discussed, planned, and approved by the principal's designee and the bookkeeper has been informed. All money must be deposited daily with the bookkeeper. (The document referred to in paragraphs 7 and 8 of the Administrative Complaint as "Exhibit A" is a copy of the Piper Collection of Money Policy, as the parties stipulated at hearing.3 See pp. 66 and 67 of the hearing transcript.) Respondent was provided a copy of the Piper 2009-2010 Faculty Handbook prior to the beginning of the 2009-2010 school year. At all times material to the instant case, Respondent was aware of the Piper Collection of Money Policy. Nonetheless, in violation of that policy, he did not obtain, or even seek, the necessary administrative approval to collect money from the Upfront Option Students, nor did he deposit any of the money he collected from these students with the bookkeeper, much less inform her (or any school administrator, for that matter) of his money collection activities. The foregoing notwithstanding, his intent in acting as the conduit through which these students purchased issues of Upfront for use in his classes was to help the students achieve academic success, not to exploit them for his own personal gain or advantage. He never had any intention of doing anything with the money he collected from the students other than using it (as he ultimately did) to help cover the cost of the Upfront Subscription. It was not until on or about October 19, 2009, that the Piper administration first learned about Respondent's money collection activities as a result of discussions that Assistant Principal Lowe had with students in Respondent's classes. After having been briefed by Mr. Lowe regarding what these students had reported, Principal Valdez asked Assistant Principal Grant to speak with Respondent. During his meeting with Ms. Grant, Respondent admitted to collecting money from the Upfront Option Students to help pay for the Upfront Subscription, and he acknowledged that he had not sought approval from anyone in the school administration to do so. On or about October 26, 2009, Principal Valdez sent a Personnel Investigation Request to the School Board's Office of Professional Standards and Special Investigative Unit (SIU) through which she requested that SIU conduct an investigation of the matter. An investigation was authorized by SIU on October 28, 2009, and an SIU investigator was assigned the case a week later. On or about November 3, 2009, Respondent was provided with a letter from Craig Kowalski, the SIU Acting Executive Director, advising Respondent of SIU's "investigation into a complaint . . . regarding an alleged violation [by Respondent] of the Principles of Professional Conduct of the Education Profession in Florida, Rule 6B-1.006(2)(h) [sic],[4] to include the collection of money from students to purchase magazines." After the SIU investigation was completed, an investigative report was prepared and presented to the School Board's Professional Services Committee for its consideration. The Professional Services Committee found "probable cause." A pre-disciplinary conference was then held, after which the Superintendent, on August 10, 2010, issued an Administrative Complaint recommending Respondent's suspension, without pay, "for a period of five (5) days effective from June 3, 2010 through June 9, 2010."
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Broward County School Board issue a final order finding that the charges against Respondent have not been sustained, dismissing these charges, and awarding Respondent any "back salary" he may be owed. DONE AND ENTERED this 26th day of July, 2011, in Tallahassee, Leon County, Florida. S STUART M. LERNER 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 26th day of July, 2011.
Findings Of Fact John R. Sutton (Sutton) has been an employee of the Seminole County School Board (School Board) for approximately ten years. At the time of his suspension, he was working as an electrician's helper. Sutton's work hours were seven to three-thirty, including summers when school was not in session. Generally, his duties did not bring him into contact with students. To the extent possible, repairs and wiring work were done when the students were not around. Sutton lives in his own home with his two children, ages three and five, his sixty-eight-year-old mother, and his fifty-year-old mentally retarded sister, whom he takes care of. He needs his job. (Petitioner's exhibit 1, p.9) Sutton's property borders on a tree farm owned by Miami Land Division. On August 10, 1993, around five-thirty p.m., Sutton was in the woods behind his house examining three small marijuana plants when he was arrested by officers of the Florida Game and Fresh Water Fish Commission. He gave permission for them to search his home and they found some baggies of marijuana. Sutton was charged with cultivation of marijuana and possession of greater than 20 grams, a felony. He admits the charges. Sutton was not prosecuted, but rather was referred to the pretrial intervention program conducted by the State's Attorney. Under his pretrial intervention contract, he was required to be supervised for twelve months, submit to random drug testing, complete fifty hours of community service, and pay certain costs of investigation and supervision. He was also required to attend Narcotics Anonymous meetings. He has satisfied all of the conditions except for the full twelve months of supervision, which have not expired. After successful completion of his contract, the charges will be dismissed. On August 12, 1993, Sutton's charge of cultivation of marijuana appeared in the "News of Record" section of the Daytona Beach News-Journal, in small print, with the usual notices of criminal charges, suits filed, divorces, births and hospital admissions occurring recently in Volusia County. John Reichert performs duties of the personnel director for the Seminole County School District. He doesn't read the News-Journal, but his counterpart in Volusia County read it and told him of Sutton's arrest. Reichert obtained information about the arrest and presented the findings to the School Board's professional standards committee. The committee recommended that Sutton be terminated. He was placed on leave without pay, pending the outcome of this proceeding on the superintendent's recommendation to the School Board. Discipline of non-instructional personnel of the School Board is governed by the collective bargaining agreement dated July 1, 1992-June 30, 1995. This agreement provides, in pertinent part: REGULAR EMPLOYEES Section 4. * * * B. An employee who has been hired for four (4) or more years may only be terminated for just cause except as otherwise provided in A. above. [reduction in force] The decision not to renew the employee for the ensuring year shall be for just cause. * * * DISCIPLINE AND TERMINATION Section 5. A. Regular employees who have been hired for a minimum of three (3) of the last five (5) years (without a break in service) shall not be disciplined (which shall include repri mands), suspended or terminated except for just cause. * * * An employee may be suspended without pay or discharged for reasons including the following (or substantially similar offenses) providing just cause is present: Violation of School Board Policy Violation of work rules Insubordination--Refusal to follow a proper directive, order, or assignment from a supervisor While on duty, the possession and/or the use of intoxicating beverages or controlled substances after reporting for work and until after the employee leaves the work site after the equipment, if applicable, has been checked in. Endangering the health, safety or welfare of any student or employee of the District The conviction of a felony in the State of Florida or notice of conviction of a substantially parallel offense in another jurisdiction An act committed while off duty, which because of its publication through the media or otherwise adversely affects the employee's performance or duties, or disrupts the operations of the District, its schools or other work/cost centers Excessive tardiness Damage to School Board property Improper use of sick leave Failure to perform assigned duties Other infractions, as set forth from time to time in writing and disseminated by the Superintendent or designee. (Petitioner's Exhibit 2, emphasis added) Counsel for the School Board stipulated at hearing that Sutton's termination is not based on any of the twelve items in paragraph Section 5, C., above. Rather, the School Board's position is that "just cause" is not limited to those items. The School Board has adopted a drug free work place policy, prohibiting possession, use, sale, distribution or being under the influence of alcohol or narcotic drug, marijuana or other controlled substance, before, during or after school hours, at school or in any other school district location. The record does not reflect when the policy was adopted; Sutton has never seen the policy. Further, it does not address Sutton's offense. Sutton knows of other non-instructional employees who have been arrested for felony offenses and are still employed. On the other hand, the School Board has disciplined other employees (teachers and non-instructional employees) for drug offenses committed off of school premises and off hours. However, the School Board did not, in this proceeding, establish its policy with regard to employees, such as Sutton, who are not teachers, who are arrested after their employment, and who are not convicted of a felony or are not guilty of any of the enumerated offenses in the collective bargaining agreement. Sutton has never been disciplined before. His supervisor considers him a "[d]ecent worker, maybe not the best, but definitely a good worker." (Transcript, p.28) His attendance record is fine or average; he has not been observed arriving to work or during work, "stoned" or otherwise intoxicated or impaired. Sutton freely admits that he owned the three plants and the marijuana found in his house. He smoked infrequently and did not sell or distribute the marijuana.
Recommendation Based on the foregoing, it is hereby RECOMMENDED: That the School Board of Seminole County enter its final order rejecting the recommendation for termination of John Sutton, removing him from suspension, and restoring back pay. DONE AND RECOMMENDED in Tallahassee, Leon County, Florida, this 11th day of May 1994. MARY CLARK 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 11th day of May 1994. APPENDIX The following constitute specific rulings on the findings of fact proposed by the parties: Petitioner's Proposed Findings Rejected as unnecessary. Adopted in Paragraph 1. 3 & 4. Adopted in Paragraph 8. 5 & 6. Adopted in Paragraph 4. 7. Adopted by implication in Paragraph 2. But the more specific finding is that such contact was merely incidental, and not direct. 8-11. Addressed in Preliminary Statement as background of the proceeding. Respondent's Proposed Findings Respondent's "Findings of Fact" comprise a single paragraph outlining the background of this proceeding and stating his position, which position is generally accepted in the recommendation, above. COPIES FURNISHED: Ned N. Julian, Jr., Esquire Post Office Box 4848 Sanford, Florida 32772-4848 Thomas C. Greene, Esquire Post Office Box 695 Sanford, Florida 32772-0695 Douglas L. "Tim" Jamerson Commissioner of Education The Capitol Tallahassee, Florida 32399-0400 Dr. Paul Hagerty, Superintendent Seminole County School Board 1211 South Mellonville Avenue Sanford, Florida 32771
The Issue The issue is whether just cause exists for Petitioner, Polk County School Board (School Board), to terminate Respondent's employment as a classroom teacher.
Findings Of Fact The School Board is charged with the duty to operate, control, and supervise public schools in Polk County. This includes the power to discipline classroom teachers. See §§ 1012.22(1)(f) and 1012.33, Fla. Stat. (2018). The record does not disclose whether Respondent holds a professional service contract or has an annual contract with the School Board. In any event, he has been employed with the School Board as a classroom teacher since September 2016. Before moving to Florida in 2016, Respondent taught motion picture television arts in Ohio for four and one-half years. Before that, he worked in the motion picture industry for 27 years. From September 2016 until he was suspended in January 2018, Respondent taught Television (TV) Production at Haines City High School and supervised the school's TV news program. In the program, students film events on campus before and after school, learn how to edit the film, and then prepare videos for school use. Mr. Lane is the school principal. Based on an allegation that he was observed sleeping in class on November 29, 2017, coupled with a three-day suspension, without pay, that he served a month earlier, the School Board seeks to terminate Respondent's employment. Specifically, the termination letter alleges that on November 29, 2017, Respondent "was found sleeping at [his] classroom desk," "students [were] unsupervised and scattered about [the] classroom," and this conduct constitutes "serious misconduct." Sch. Bd. Ex. 4. To terminate Respondent, the School Board relies upon the fourth step in the four-step progressive discipline process found in the Teacher Collective Bargaining Agreement (CBA), which governs the employment of instructional personnel. Article 4-4.1 provides that, "except in cases where the course of conduct or the severity of the offense justifies otherwise," a teacher may be terminated only after progressive discipline has been administered in Steps I, II, and III. Sch. Bd. Ex. 8. On October 24, 2017, Respondent received a three-day suspension without pay for making inappropriate comments during a discussion with students in his class. Due to the serious nature of the incident, the School Board accepted the principal's recommendation that it bypass the first two steps of progressive discipline and invoke discipline under Step III. Respondent did not contest or grieve that action. Therefore, Respondent has not been given progressive discipline under Step I (a verbal warning in a conference with the teacher) or Step II (a dated written reprimand following a conference). In the fall of school year 2017-2018, Respondent taught TV Production-Editing during fourth period. The TV Production area encompassed a large suite of rooms, including a main classroom, a TV news room, a control room, and two hallways with lockers for equipment. Typically, there were between 25 and 30 students in the class. Respondent wears contact lenses, but because of chronically dry eyes, he must use artificial tears four to eight times per day in order to avoid swelling of the eyelids. To properly hydrate his eyes, after using the artificial tears, Respondent tilts his head back, closes his eyes, and rolls his eyes for a few minutes to allow the eyes to absorb the solution. Midway through his fourth-period class on November 29, 2017, Ms. Young, the assistant principal, entered Respondent's classroom to do an unannounced walk-through. She observed the lights off and Respondent sitting at his desk with his eyes closed and "leaned back" in his chair with his mouth open. Ms. Young assumed he was asleep so she cleared her throat, then waved her hand, and finally knocked on his desk twice, but he did not open his eyes. She then knocked louder on the desk and called his name. This appeared to startle Respondent and he sat up and looked around the class. After she informed him that she was performing a walk-through in his class, Respondent replied "okay," and said he was aware she was there. Ms. Young was in Mr. Smith's classroom area approximately five minutes. After getting his attention, she walked through the entire suite of rooms and observed "some" students on their phones, "some" on the computer, and "some" walking in the back of the room. Even though Mr. Smith testified at hearing that his students were "absolutely malicious" and "they'll do anything," Ms. Young did not report seeing any unusual or unsafe conditions that might result in placing any student's safety in jeopardy. Mr. Smith denies that he was asleep. He testified that just before the assistant principal did her walk-through, he had put drops in his eyes, cocked his head back, closed his eyes, and was in the process of rolling his eyes to rehydrate them. A few minutes earlier, he had given permission for a student to use the restroom. When Ms. Young entered the classroom, he knew someone had entered the room but assumed it was the student returning from the restroom. When he opened his eyes, he greeted Ms. Young, who replied that she was "walking through [his] classroom." According to Ms. Young, it was "very evident" that he was asleep, "100 percent," and it was not possible that he just had his eyes closed. Ms. Young's testimony concerning her observations is the most persuasive and has been credited. The incident was reported to Mr. Lane the same day. After the incident was reported to Mr. Lane, he recommended that Respondent be terminated for serious misconduct. Sch. Bd. Ex. 4. Mr. Lane explained that this action was justified because of concerns over the "safety of the children" in Respondent's class, given the large suite of rooms under his supervision. He also testified that the incident brought into question Respondent's effectiveness as a teacher. The School Board's attempted reliance at the hearing on a few other times when Respondent allegedly was sleeping in class has been disregarded for two reasons: they are based mainly on hearsay testimony, which does not supplement or corroborate other competent evidence; and, more importantly, they are not included as charges in the termination letter or parties' Pre-hearing Stipulation. Pilla v. Sch. Bd. of Miami-Dade Cnty., 655 So. 2d 1312, 1314 (Fla. 3d DCA 1995) (the teacher must have fair notice and an opportunity to be heard on each of the charges brought against him). On December 13, 2017, the School Board's human resource services department informed Respondent by letter that he was suspended, with pay, pursuant to Article 4-4.1 of the CBA pending the School Board's consideration of a recommendation that he be terminated, effective January 24, 2018. Sch. Bd. Ex. 5. According to the termination letter, the School Board determined that Respondent's actions "constitute serious misconduct" for which "just cause" for termination exists, and "[t]ermination constitutes Step IV of Progressive Discipline as outlined in Article 4-4.1 of the [CBA]." Sch. Bd. Ex. 5.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Polk County School Board enter a final order issuing a verbal warning (Step I) or a dated written reprimand (Step II) to Respondent for being observed sleeping in class on November 29, 2017. DONE AND ENTERED this 6th day of March, 2019, in Tallahassee, Leon County, Florida. S D. R. ALEXANDER 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 6th day of March, 2019.
The Issue The issue for determination in this case is whether Respondent should be terminated from, or otherwise disciplined, in regard to his employment with the Sarasota County School Board.
Findings Of Fact Petitioner, the SCHOOL BOARD OF SARASOTA COUNTY, FLORIDA (SCHOOL BOARD), is a political subdivision of the State of Florida, and is the agency vested with the authority to operate, maintain, and control the public schools and school personnel in and for Sarasota County, Florida. Respondent, ANTHONY HARTLOVE, at all times material hereto, was employed by the SCHOOL BOARD as a custodian in the Facility Services Department. Respondent was first employed by the SCHOOL BOARD in this capacity in the late 1980's. Respondent is a member of the Sarasota Classified/Teacher Association which has entered into a collective bargaining agreement with the SCHOOL BOARD. As a SCHOOL BOARD employee, Respondent received a specified number of days for sick leave each year which under SCHOOL BOARD policy Respondent was entitled to use for personal or family illness. In Respondent's employment circumstances, he received one sick leave day per month. During the course of his employment with the SCHOOL BOARD, Respondent continually exhausted his accrued sick leave benefits. The parties have stipulated that Respondent was notified on numerous occasions, both verbally and in writing, of the SCHOOL BOARD's policy requiring an employee who has been absent to submit documentation from a physician excusing the absence if the employee had no sick leave remaining. The parties have further stipulated that Respondent submitted falsified physician's notes to his supervisors in an attempt to excuse several absences he took in excess of his earned leave time. Respondent's history of repeated absenteeism culminated on June 23, 1992, with a recommendation from Michael Will, Director of Facilities Services, to Robert Meyer, Assistant Supervisor, that Respondent's employment with the SCHOOL BOARD be terminated. This recommendation was based upon Respondent's disregard for SCHOOL BOARD policies, and noted that "Mr. Hartlove has been in an unauthorized leave status on numerous occasions and has not provided any justifiable reason for his absence." Prior to this recommendation, Respondent had on one occasion been given a five-day suspension in 1989 for reasons unrelated to absenteeism, and not the subject of these proceedings. On July 6, 1992, the Superintendent of Schools recommended to the SCHOOL BOARD that Respondent's employment be terminated. After discussions with Respondent and his wife's physician, the Superintendent withdrew the recommendation for Respondent's termination of employment, and on September 1, 1992, Respondent was given a written record of counseling and notified that he would be subject to disciplinary action if he failed to follow SCHOOL BOARD policy regarding sick leave. Despite the written notification of September 1, 1992, Respondent failed to adhere to SCHOOL BOARD sick leave policy during the next several years. Respondent received written counseling reports regarding sick leave policy on July 20, 1993, July 11, 1994, November 21, 1996, February 10, 1997, and February 27, 1997. In addition to the written counseling reports, on September 29, 1993, Respondent received a written confirmation of an oral reprimand for abuse of school equipment, failure to be in proper attire on duty, and lack of punctuality. On January 26, 1994, Respondent again received a written confirmation of oral reprimand for deficiencies in job performance due to excessive absenteeism. Respondent received another written reprimand on August 9, 1995, for failure to provide written documentation for absenteeism in a timely fashion. In May of 1996, Michael Will learned that Respondent had falsified several medical excuses as indicated above. Respondent acknowledged the submission of false medical excuses to his supervisors. By letter dated June 12, 1996, the Superintendent recommended to the SCHOOL BOARD that Respondent's employment be terminated. Thereafter, the Sarasota Classified/Teachers Association filed a grievance regarding Respondent's recommended termination of employment. The SCHOOL BOARD then withheld action in the recommendation pending completion of the grievance procedures. After the conclusion of the grievance procedures, the Superintendent again recommended to the SCHOOL BOARD the termination of Respondent's employment by letter dated January 27, 1997. While this recommendation was pending, Respondent continued to miss work without documentation, and another recommendation for termination was issued by the Superintendent on March 24, 1997. Respondent was terminated from employment with the SCHOOL BOARD on April 15, 1997. Respondent's history of absenteeism is primarily due to the chronic illness of his wife who suffers from the deleterious effects of lupus, a chronic and debilitating disease. In addition to suffering from lupus, Respondent's wife also suffers from clinical depression and has on at least two past occasions required extended hospitalization for treatment of mental distress. Respondent and his wife have two small children. When Respondent's wife is ill, he is responsible for their care, although he has assistance from family and friends. His wife's illnesses and the costs of child care have placed substantial financial hardship on the Respondent's family. In addition to his wife's health problems, Respondent also suffers from chronic bronchitis and ulcers and has been absent from work due to his own health problems. There is no indication that Respondent has missed work for reasons other than his or his wife's health problems. Respondent generally performs his duties as a custodial employee with SCHOOL BOARD in a competent manner; however, Respondent's repeated absenteeism taxes the personnel resources of the Facilities Services Department. Subsequent to the termination of his employment, Respondent and his wife have made specific arrangements for her care and the care of their children when Mrs. Hartlove is ill.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the SCHOOL BOARD OF SARASOTA COUNTY, FLORIDA enter a final order suspending Respondent, ANTHONY HARTLOVE, from employment for a period not in excess of six months commencing on April 15, 1997. DONE AND ENTERED this 10th day of September, 1997, in Tallahassee, Leon County, Florida. RICHARD HIXSON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUMCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 10th day of September, 1997. COPIES FURNISHED: Arthur S. Hardy, Esquire Matthews, Hutton and Eastmoore 1777 Main Street, 5th Floor Post Office Box 49377 Sarasota, Florida 34230 Charles L. Scalise, Esquire Law Offices of W. Russell Synder, P.A. 355 West Venice Avenue Venice, Florida 34285 Dr. Thomas H. Gaul Sarasota County Public School 1960 Landings Boulevard Sarasota, Florida 34231
The Issue Whether there is just cause for suspending and dismissing Respondent from her employment with Petitioner.
Findings Of Fact Respondent, Rebecca Price (Price), has been an educator for 33 years during which she was employed by Petitioner, Palm Beach County School Board (School Board), for 27 years. At all times pertinent to this proceeding, Price was a Guidance Counselor at John F. Kennedy Middle School (JFK), employed by the School Board pursuant to a Professional Service Contract. In August 1997, Heywood Howard, a former Assistant Principal at JFK, introduced Price to Maurice LeFlore (LeFlore), who had recently been hired by the School Board as a band instructor at JFK. Mr. Howard told Price that LeFlore was a fellow "Rattler," an alumnus of Florida Agricultural and Mechanical University. Because LeFlore had been introduced by Mr. Howard, and was a fellow alumnus and co-worker, Price rented a room to him from August 13, 1997, until the date of LeFlore's arrest in March 1998. Price had a close relationship with LeFlore, but it was not of a romantic nature. She was his landlord, and they occasionally shared meals and watched television together in the evenings. Because LeFlore did not have either a car or a driver's license when he began renting a room from Price, he rode to and from work with Price. It was common knowledge that LeFlore was living at Price's house. On February 27, 1998, JFK students Darria Brooks, Shavontay Brown, and Carolyn Horne discussed with Sherry Sweeting, a teacher at JFK, rumors relating to LeFlore. During the course of the conversation, the students said that they heard that LeFlore had "come onto" a female student in an inappropriate manner. Ms. Sweeting reported the conversation to Lee Hooks, her superior and the Department Chair of Fine Arts at JFK. The principal was not on campus at the time that Mr. Hooks talked with Ms. Sweeting. Mr. Hooks tried to contact the assistant principal, who also was not available. Since some of the students who had talked to Ms. Sweeting were in the eighth grade, Mr. Hooks called Price, who was a guidance counselor for the eighth grade, to his office and told her that he had a situation that he thought she needed to look into. Price went to Mr. Hooks' office, and he told her what Ms. Sweeting had said. Mr. Hooks told Price that she could use his office to talk with the students. Mr. Hooks called Ms. Sweeting and told her to send the students to his office. When Shavontay Brown, Darria Brooks, and Carolyn Horne came to Mr. Hooks' office, he left to teach his class. Mr. Hooks returned to his office for a few seconds during the interview to retrieve some teaching materials. Mr. Hooks did not contact the principal concerning the rumors nor did he call the child abuse hotline. He was not disciplined for failure to report child abuse. Price asked the students to tell her what they had heard. Carolyn Horne told Price that LeFlore liked to flirt. Darria Brooks told Price that according to Shannon White, LeFlore had pushed Ms. White up against the wall in his office and had pressed himself against her. Shavontay Brown told Price that she had heard rumors that LeFlore had rubbed against Ms. White while he and Ms. White were in the band room. Price asked the students if they had seen the incident themselves, and they responded that they had not. She told them that they should not be saying things without knowing if they were true and that students could be suspended for spreading rumors. She essentially told them that the matter was none of their business. Price had Ms. White sent to Mr. Hooks' office to discuss the rumors. Price told Ms. White and the other students that it was a serious matter. She said that LeFlore, who had just graduated, was like a son to her and that such rumors could result in LeFlore losing his job. Ms. White said that LeFlore had pushed her up against the wall and put his hands over hers but that he was just playing. Ms. White told Price that another student, Ryan Spence, was in LeFlore's office playing on the computer and witnessed the incident. According to Price, when she first asked Ms. White if anything had happened, Ms. White said, "sort of." Price told Ms. White that if LeFlore had done the things that were rumored he would have to be punished and Price would have to tell Ms. White's mother what had happened. Ms. White then told Price that nothing at all had happened. Price had Ryan Spence brought to Mr. Hooks' office for an interview while Ms. White was still present. Ms. Spence told Price that she was present in LeFlore's office when she saw Ms. White and LeFlore walk into the office. LeFlore pushed Ms. White up against the wall. While Ms. White was facing the wall with her palms flat on the wall, LeFlore rubbed the front part of his body against her. Price denies that Ms. Spence told her LeFlore had pushed Ms. White against the wall and rubbed his body against Ms. White. Price testified that she asked Mr. Hooks to be a witness to Ms. White's statement that nothing happened. Mr. Hooks denies that he witnessed such a statement. Mr. Hooks was told by Price in the presence of the students that there was nothing to the incident and none of the students interviewed said anything to the contrary. During her interview with students Brooks, Horne, and Brown, Price was upset and angry. She raised her voice at the students, but did not yell or shout. Price had calmed down by the time Ms. White and Ms. Spence came to Hooks' office to be interviewed. Mr. Hooks, who was teaching in the classroom next to his office, did not hear Price shout during the interview. Jacquelina Batista, a guidance counselor at JFK, was told by a student that LeFlore had made inappropriate contact with Ms. White. However, Ms. Batista was not told that there was an eyewitness to the incident. She in turn told Lisa Barry, who was Ms. White's guidance counselor. Ms. Barry agreed to talk with Ms. White. Ms. Batista did not contact the principal nor did she report the rumor to the abuse hotline. No disciplinary actions were taken against Ms. Batista. The Monday following her conversation with Ms. Batista, Ms. Barry asked Ms. White how things were going and if there was anything that she needed to talk about. Without going into anything specific, Ms. Barry said that she had heard about a situation and thought that Ms. White might want to talk about it. Ms. White said that she had already talked to Price and that it was just rumor and gossip. Ms. Barry never specifically mentioned LeFlore during the conversation. Ms. Barry reported her conversation with Ms. White to Mr. Gattozzi, who was the guidance coordinator and Ms. Barry's supervisor. Mr. Gattozzi reported the conversation to the principal. Ms. Barry did not know there was an eyewitness to the incident between LeFlore and Ms. White; she believed that nothing had happened. She was not disciplined. Price stated that she saw Ms. Barry and Ms. White talking and that later on the same day she stopped Ms. Barry in the hallway and asked Ms. Barry what Ms. White had said. According to Price, Ms. Barry assured her that Ms. White had said nothing happened. Ms. Barry denies that she ever discussed Ms. White with Price. Ms. White changed her story after Price began questioning her because she "didn't want the whole situation to get out because---I just wanted to let it go. And I didn't want it to be all out. So I was just saying nothing happened, because I didn't want everybody to start finding out like they did." On March 20, 1998, another student reported that she had been abused by LeFlore. The Riveria Beach Police and School Police conducted an extensive investigation. LeFlore was arrested on eleven counts of lewd assault and confessed to lewd assault on four students, of whom Ms. White was not one. Article II, Section M of the Collective Bargaining Agreement between Palm Beach County Classroom Teachers Association and the School District of Palm Beach County, Florida, provides: Without the consent of the employee and the Association, disciplinary action may not be taken against an employee except for just cause, and this must be substantiated by clear and convincing evidence which supports the recommended disciplinary action. * * * 7. Except in cases which clearly constitute a real and immediate danger to the District or the actions/inactions of the employee constitute such clearly flagrant and purposeful violations of reasonable school rules and regulations, progressive discipline shall be administered as follows: Verbal Reprimand With A Written Notation. . . . Written Reprimand. . . . Suspension Without Pay. . . . Dismissal. . . . The School Board's policy D-5.30 involving suspected cases of child abuse provides: (1) All school personnel, including teachers, administrators, and noninstructional staff, who know, or have reasonable cause to suspect that a child is an abused or neglected child shall report this information to the principal of the school center. . . . The principal shall report such knowledge or suspicion to the Department of Health and Rehabilitative Services (HRS). * * * (6) Any employee who knowingly and willfully fails to report such case as required . . . may be subject to disciplinary action by the School Board and may be guilty of a misdeamanor [sic] of the second degree, punishable as provided by law. In March 1997, Price had been provided with an "Educator's Resource Manual on Child Abuse," which provides: Reporting child abuse/neglect Your role as a school teacher or official makes you a mandated reporter of child abuse and neglect. This manual gives you information on how to recognize various types of abuse and neglect and behaviors of children that may signal they are being abused and/or neglected. The following is a discussion of the specifics of reporting abuse and some commonly asked questions. When should I report? Whenever you know or suspect that a child is being abused or neglected. You must use your professional training and experience to make the decision. What if I am not sure a child is being abused? It is not necessary for you to prove abuse or neglect. If you are reasonably suspicious, you must report. What if I am wrong? Sometimes mistakes are made but the system must be used. It is better to err on the side of wrongful reporting than to risk the further injury or death to the child. * * * What if my principal or superintendent will not allow me to report? Reporting is a personal responsibility. You do not need the permission of your principal, although you should approach your principal first and seek his/her cooperation. It is your responsibility to report. What if I suspect my principal or teacher of abuse? You must report whenever you suspect abuse or neglect. Remember, as a mandated reporter the law will protect you. How do I report? Call the Florida Abuse Hotline 1-800-962-2873 or local enforcement in case of an emergency. . . . In Price's 27-year career with the School Board, she had has no other disciplinary action taken against her. She has had satisfactory evaluations from the School Board.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that Rebecca Price violated School Board Rules 6B-1.006(3)(a) and (5)(a), and did not mischaracterize her role in the investigation, and imposing a penalty of suspension without pay for one year retroactive from September 24, 1998. DONE AND ENTERED this 12th day of May, 1999, in Tallahassee, Leon County, Florida. SUSAN B. KIRKLAND 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 12th day of May, 1999. COPIES FURNISHED: Thomas E. Elfers, Esquire Palm Beach County School Board 3318 Forest Hill Boulevard, Suite C-302 West Palm Beach, Florida 33406 Ronald G. Meyer, Esquire Meyer & Brooks, P.A. Post Office Box 1547 Tallahassee, Florida 32301 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
The Issue Whether Respondent committed the offenses alleged in the Notice of Specific Charges. If so, whether such offenses provide the School Board of Miami-Dade County with just or proper cause to take disciplinary action against Respondent. If so, what specific disciplinary action should be taken.
Findings Of Fact Based upon the evidence adduced at hearing, and the record as a whole, the following findings of fact are made: The Parties The School Board is responsible for the operation, control and supervision of all public schools (grades K through 12) in Dade County, Florida, including Melrose Elementary School (School). Respondent has been employed by the School Board as a Cook I and assigned to the School since August of 1999.2 At all times material to the instant case, her regular working hours have been 6:30 a.m. to 1:00 p.m. Respondent's Supervisors Tonia Scott is now, and has been at all times material to the instant case, the Food Service Manager at the School and Respondent's immediate supervisor. For the past five years, Cynthia Gracia has been the Principal of the School. As Principal, she has had ultimate supervisory authority over all employees at the School, including those working in the School's cafeteria. The Collective Bargaining Agreement As a Cook I employed by the School Board, Respondent is a member of a collective bargaining unit represented by the American Federation of State, County, and Municipal Employees, Local 1184 (AFSCME) and covered by a collective bargaining agreement between the School Board and AFSCME (AFSCME Contract). Article II, Section 3., of the AFSCME Contract provides, in pertinent part, as follows: ARTICLE II- RECOGNITION SECTION 3. The provisions of this Contract are not to be interpreted in any way or manner to change, amend, modify, or in any other way delimit the exclusive authority of the School Board and the Superintendent for the management of the total school system and any part of the school system. It is expressly understood and agreed that all rights and responsibilities of the School Board and Superintendent, as established now and through subsequent amendment or revision by constitutional provision, state and federal statutes, state regulations, and School Board Rules, shall continue to be exercised exclusively by the School Board and the Superintendent without prior notice or negotiations with AFSCME, Local 1184, except as specifically and explicitly provided for by the stated terms of this Contract. Such rights thus reserved exclusively to the School Board and the Superintendent, by way of limitation, include the following: . . . (2) separation, suspension, dismissal, and termination of employees for just cause; . . . . It is understood and agreed that management possesses the sole right, duty, and responsibility for operation of the schools and that all management rights repose in it, but that such rights must be exercised consistently with the other provisions of the agreement. These rights include, but are not limited to, the following: A. Discipline or discharge of any employee for just cause; . . . . Article IX, Section 1.F., of the AFSCME Contract provides that "[e]mployees shall not . . . be compelled to work beyond their scheduled workday, unless they are compensated for such additional time." Article IX, Section 4.A., of the AFSCME Contract addresses the subject of "[n]ewly-[h]ired [e]mployees." It provides as follows: Newly-hired employees in the bargaining unit (except temporary, hourly, or substitute employees) shall be considered probationary for the first three calendar months; thereafter, they shall be considered annual employees, subject to annual reappointment. During such probationary period, employees may be terminated without recourse under this Contract. If, at any time during the probationary period, the newly-hired employee's performance is considered unacceptable, the probationary employee shall be terminated. Article IX, Section 8., of the AFSCME Contract addresses the subject of "[o]vertime." It provides, in pertinent part, as follows: It shall not be the general policy of the Board to have its employees work frequent or consistent overtime; however, when employees are directed to work overtime, in addition to their regular hours, aggregating more than a maximum of 40 hours per week, they shall be compensated as follows: The rate of time and one-half of the normal rate shall be paid for all hours in a pay status per week over the regular weekly task assignment, aggregating more than a maximum of 40 hours per week. . . . F. By mutual consent of the supervising administrator and the employee, compensatory time, in lieu of overtime pay, may be given and used in lieu of overtime pay. In such cases, one and one-half hours of compensatory time shall be provided the employee for each hour of overtime worked. Article XI of the AFSCME Contract addresses the subject of "[d]isciplinary [a]ction." Section 1 of Article XI is entitled "Due Process" and provides as follows: Unit members are accountable for their individual levels of productivity, implementing the duties of their positions, and rendering efficient, effective delivery of services and support. Whenever an employee renders deficient performance, violates any rule, regulation, or policy, that employee shall be notified by his/her supervisor, as soon as possible, with the employee being informed of the deficiency or rule, regulation, or policy violated. An informal discussion with the employee shall occur prior to the issuance of any written disciplinary action. Progressive discipline steps should be followed, however in administering discipline, the degree of discipline shall be reasonably related to the seriousness of the offense and the employee[']s record. Therefore, disciplinary steps may include: verbal warning; written warning (acknowledged); Letter of reprimand; Suspension/demotion; and Dismissal. A Conference-for-the-Record shall be held when there is a violation of federal statutes, State Statutes, defiance of the administrator's authority, or a substantiated investigation to determine if formal disciplinary action should be taken (1.e., letter of reprimand, suspension, demotion or dismissal). A Conference-for- the-Record in and of itself shall not be considered disciplinary. The parties agree that discharge is the extreme disciplinary penalty, since the employee's job, seniority, other contractual benefits, and reputation are at stake. In recognition of this principle, it is agreed that disciplinary action(s) taken against AFSCME, Local 1184 bargaining unit members shall be consistent with the concept and practice of progressive or corrective discipline and that in all instances the degree of discipline shall be reasonably related to the seriousness of the offense and the employee's record. The employee shall have the right to Union representation in Conferences-for-the- Record held pursuant to this Article. Such a conference shall include any meeting where disciplinary action will be initiated. The employee shall be given two days' notice and a statement for the reason for any Conference-for-the-Record, as defined above, except in cases deemed to be an emergency. A maximum of two Union representatives may be present at a Conference-for-the Record. The Board agrees to promptly furnish the Union with a copy of any disciplinary action notification (i.e., notice of suspension, dismissal, or other actions appealable under this Section) against an employee in this bargaining unit. Section 2 of Article XI is entitled "Dismissal, Suspension, Reduction-in-Grade" and provides as follows: Permanent employees dismissed, suspended, or reduced in grade shall be entitled to appeal such action to an impartial Hearing Officer or through the grievance/arbitration process as set forth in Article VII of the Contract. The employee shall be notified of such action and of his/her right to appeal by certified mail. The employee shall have 20 calendar days in which to notify the School Board Clerk of the employee's intent to appeal such action and to select the method of appeal. If the employee when appealing the Board action, does not select the grievance/arbitration process as set forth in Article VII of the Contract the Board shall appoint an impartial Hearing Officer, who shall set the date and place mutually agreeable to the employee and the Board for the hearing of the appeal. The Board shall set a time limit, at which time the Hearing Officer shall present the findings. The findings of the Hearing Officer shall not be binding on the Board, and the Board shall retain final authority on all dismissals, suspensions, and reductions-in-grade. The employee shall not be employed during the time of such dismissal or suspension, even if appealed. If reinstated by Board action, the employee shall receive payment for the days not worked and shall not lose any longevity or be charged with a break in service due to said dismissal, suspension, or reduction-in-grade. Non-reappointments are not subject to the grievance/arbitration procedures. Section 3 of Article XI is entitled "Cause for Suspension" and provides as follows: In those cases where any employee has not complied with Board policies and/or department regulations, but the infraction is not deemed serious enough to recommend dismissal, the department head may recommend suspension up to 30 calendar days without pay. All suspensions must be approved by the Superintendent. Article XI, Section 6.2., of the AFSCME Contract provides as follows: Materials relating to work performance or such other matters that may be cause for discipline, suspension, or dismissal must be reduced to writing and signed by a person competent to know the facts or make the judgment. No such materials may be placed in a personnel file, unless they have been reduced to writing within 45 calendar days, exclusive of the summer vacation period, of the school system's administration becoming aware of the facts reflected in the materials. The employee shall have the right to answer any material filed hereafter in his/her personnel file and the answer, if submitted, shall be attached to the file copy. No anonymous letter or material shall be placed in an employee's personnel file. The validity of items of a derogatory nature placed in an employee's personnel file shall be subject to the grievance procedure. There shall be no statements placed in an employee's personnel file unless the employee has bee given a copy. School Board Rules As a School Board employee, Respondent is obligated to act in accordance with School Board rules and regulations,3 including School Board Rule 6Gx13-4-1.08 and School Board 6Gx13- 4A-1.21. School Board Rule 6Gx13-4-1.08 is a "[g]eneral [p]ersonnel [p]olicy [s]tatement" regarding "[v]iolence in the [w]orkplace." It provides as follows: Nothing is more important to Dade County Public Schools (DCPS) than protecting the safety and security of its students and employees and promoting a violence-free work environment. Threats, threatening behavior, or acts of violence against students, employees, visitors, guests, or other individuals by anyone on DCPS property will not be tolerated. Violations of this policy may lead to disciplinary action which includes dismissal, arrest, and/or prosecution. Any person who makes substantial threats, exhibits threatening behavior, or engages in violent acts on DCPS property shall be removed from the premises as quickly as safety permits, and shall remain off DCPS premises pending the outcome of an investigation. DCPS will initiate an appropriate response. This response may include, but it is not limited to, suspension and/or termination of any business relationship, reassignment of job duties, suspension or termination of employment, and/or criminal prosecution of the person or persons involved. Dade County Public Schools employees have a right to work in a safe environment. Violence or the threat of violence by or against students and employees will not be tolerated. School Board Rule 6Gx13-4A-1.21 provides, in pertinent part, as follows: Permanent Personnel RESPONSIBILITIES AND DUTIES I. EMPLOYEE CONDUCT All persons employed by The School Board of Miami-Dade County, Florida are representatives of the Miami-Dade County Public Schools. As such, they are expected to conduct themselves, both in their employment and in the community, in a manner that will reflect credit upon themselves and the school system. Unseemly conduct or the use of abusive and/or profane language in the presence of students is expressly prohibited. The July 11, 2000, Incident On July 11, 2000, during working hours, while in or near the School's cafeteria, Respondent muttered the words "mother fuckers" loudly enough to be heard by Principal Gracia, who, unbeknownst to Respondent, was standing directly behind Respondent. After getting Respondent's attention and letting Respondent know that she had heard what Respondent had said, Principal Gracia asked Respondent to accompany her to the Assistant Principal's office. Respondent complied with Principal's Gracia request and met with Principal Gracia, as well as the School's Assistant Principal, Earnestine Thomas, in Assistant Principal Thomas' office. During the meeting, Principal Gracia verbally directed Respondent to refrain from using profanity and other disruptive language while on School grounds, explaining that it was "totally inappropriate" for her to engage in such conduct. In addition, Principal Gracia provided Respondent with a copy of School Board Rule 6Gx13-4A-1.21. On July 21, 2000, Respondent received the following memorandum from Principal Gracia regarding "[i]nappropriate [b]ehavior": As a follow-up to the meeting held on July 11, 2000, in the Assistant Principal's office, find below a recount of the issues discussed in the presence of the Assistant Principal, Earnestine Thomas, Geneva Washington, Cook I and Cynthia Gracia, Principal. On July 11, 2000, during the 12:30 lunch block you were observed and overheard by Cynthia Gracia, Principal, refer to the electricians as "Mother Fuckers." Once you realized I was standing directly behind you, you squeamishly said, "I didn't see you there." You were verbally directed to refrain from using profanity or any and all language disrupting the normal operation of school. Failure to comply will result in further disciplinary action. You were provided a copy of School Board Rule 6Gx13-4A-1.21, Responsibilities and Duties. The November 21, 2000, Incident On November 21, 2000, while lunch was being served in the School's cafeteria, Respondent observed that Melania Argenal, a Spanish-speaking Cafeteria Monitor, had not paid for her lunch. Ms. Argenal was not among the employees "allowed [in accordance with School Board policy] to eat free" in the cafeteria. Because Respondent did not speak Spanish, she asked another employee (Julio, the zone mechanic), who was able to converse in both English and Spanish, to tell Ms. Argenal (in Spanish) that, pursuant to School Board policy, Ms. Argenal had to pay for her lunch. In taking such action to inform Ms. Argenal that she was not entitled to "eat free" in the cafeteria, Respondent was acting in accordance with instructions she had been given by her immediate supervisor, Ms. Scott. Later that day, at approximately 1:05 p.m., Principal Gracia walked into the School's cafeteria, where she was approached by Ms. Argenal. Ms. Argenal told Principal Gracia that, earlier that day during lunch, Respondent had embarrassed and humiliated Ms. Argenal in front of others in the cafeteria. Although it was after the end of her regular workday, Respondent was still at work, "finishing up" in the cafeteria. Principal Gracia walked up to Respondent and asked Respondent to report to the Principal's office upon the completion of her duties. Respondent inquired as to why Principal Gracia wanted to meet with Respondent. Not receiving any response to her query, Respondent told Principal Gracia that if the meeting was to discuss the incident involving Ms. Argenal earlier that day, Respondent wanted her union representative, Herman Bain, to be present at the meeting. Principal Gracia indicated that Mr. Bain would not be welcome at the meeting. During Principal Gracia's and Respondent's encounter in the cafeteria, Principal Gracia admonished Respondent that Respondent did not "have the right to tell [any]one what to do because it was [Principal Gracia's] school." This admonition made Respondent "very upset." She began crying hysterically and, as a result, became short of breath. While Respondent was in this emotional state, Principal Gracia repeated her request that Respondent report to the Principal's office. Terry Haynes, the Head Custodian at the School, witnessed the encounter between Principal Gracia and Respondent in the cafeteria. When Respondent began to cry, Mr. Haynes walked up to her and told her that "she needed to stop crying and calm down, and when she finished calming down, she could go down and talk to Ms. Gracia." Respondent followed Mr. Haynes' advice. She waited a few minutes before leaving the cafeteria to go to Principal Gracia's office. Principal Gracia (who had remained in the cafeteria while Respondent attempted to regain her composure) followed Respondent to the office. Once in the office, Principal Gracia sat down behind her desk and instructed Respondent to take a seat. Respondent refused to do so, stating that she preferred to stand. Standing with her hands on her waist in front of Principal Gracia's desk, a short distance from Principal Gracia, Respondent (who was still upset) spoke to Principal Gracia in an unnecessarily loud and disrespectful manner. Principal Gracia's repeated instructions to Respondent that Respondent sit down and lower her voice went unheeded. Rather than lowering her voice, Respondent defiantly raised it. She shouted belligerently at Principal Gracia, "You don't tell me to lower my voice because my mama gave me this voice." Respondent's yelling could be heard in the main office. Assistant Principal Thomas then entered Principal Gracia's office. Her presence had a calming influence on Respondent and the meeting was able to continue. Although Principal Gracia's secretary, Maureen Mari, called "security" to the scene, the Security Monitors who responded remained outside Principal Gracia's office and made no attempt to remove Respondent from the office. At the conclusion of her meeting with Principal Gracia and Assistant Principal Thomas, Respondent left Principal Gracia's office without incident. At no time while she was in Principal Gracia's office did Respondent threaten, by words or conduct, to physically harm Principal Gracia. After Respondent departed, Principal Gracia filled out an incident report describing what had occurred that day between her and Respondent. The matter was investigated by the School Board Police Department. A Preliminary Personnel Investigation Report (Report) was issued by the School Board Police Department on January 22, 2001. The Report contained the following "[c]onclusion": Based on the information gathered during this investigation, there is sufficient evidence to prove that on November 21, 2000, Geneva Washington, Cook, Melrose Elementary School, disrupted the normal operation of the school by raising her voice, and ignoring Ms. Gracia's numerous requests to lower it, during a conference. Ms. Washington's outburst caused office personnel to call school security for fear of impending violence on the part of Ms. Washington towards Ms. Gracia. Ms. Washington was given several opportunities to respond to these allegations, however, she failed to show for three scheduled interviews. Furthermore, Ms. Washington ignored a Directive issued to her on July 11, 2000, warning her against use of such conduct in the workplace. Therefore, the allegation of Improper Conduct against Ms. Washington is Substantiated. A conference-for-the-record was held with Respondent on March 13, 2001, to discuss the "substantiated" allegation of "Improper Conduct," as well as Respondent's future employment with the School Board. In attendance, in addition to Respondent, were: Principal Gracia; Essie Pace, the Director of Operations for the School Board's Region III; Virginia Bradford, the Executive Director of the School Board's Office of Professional Standards; and Mr. Bain of AFSCME, who was acting as Respondent's union representative. Ms. Bradford prepared and sent to Respondent (by certified mail, return receipt requested) a memorandum, dated March 23, 2001, in which she summarized what had transpired at the conference-for-the-record. In those portions of the memorandum addressing the "[a]ction [t]aken" and the "[a]ction [t]o [b]e [t]aken," Ms. Bradford wrote the following: Action Taken As a result of the investigative findings and conference data, you were advised of the availability of services from the District's support referral agency. The following directives are herein delineated which were issued to you during the conference: Remain in control of yourself and project a professional demeanor at the workplace and in all interactions with staff. Comply with School Board Rule 6Gx13-4- 1.08, Violence in the Workplace, a copy of which was given to you at the conference. Comply with School Board Rule 6Gx13-4A- 1.21, Responsibilities and Duties, a copy of which was given to you at the conference. These directives are in effect as of the date of the conference and will be implemented to prevent adverse impact to the operation of the work unit and to the service provided to students. You were advised of the high esteem in which employees are held and of the District's concern for any behavior which adversely affects this level of professionalism. You were advised to keep information presented in this conference confidential and not discuss this with students or staff. Action To Be Taken You were advised that the information presented in this conference, as well as subsequent documentation, would be reviewed with the Assistant Superintendent in the Office of Professional Standards, the Superintendent of Region III, and the Principal of Melrose Elementary School. Upon completion of the conference summary, a legal review by the School Board attorneys would be requested. Receipt of legal review with the endorsement by the Region Superintendent will compel formal notification of the recommended action or disciplinary measures to include suspension or dismissal. All disciplinary action shall be consistent with concepts and practice of progressive or corrective discipline. The degree of discipline shall be reasonably related to the seriousness of the offense and the employee's record. You are apprised of your right to clarify, explain, and/or respond to any information recorded in this conference by this summary, and to have any such response appended to your record. Respondent did not exercise her right "to clarify, explain, and/or respond to any information recorded" in Ms. Bradford's March 23, 2001, memorandum. At its July 11, 2001, meeting, the School Board "took action to suspend [Respondent] without pay for 10 working days, effective at the close of the workday, July 11, 2001, for just cause, including, but not limited to: violation of School Board Rules 6Gx13-4-1.08, Violence in the Workplace; and 6Gx13-4A- 1.21, Responsibilities and Duties/Conduct Unbecoming a School Board Employee." The Case of Ola Smith Ola Smith is a Cafeteria Worker at the School. On February 3, 1999, Ms. Smith received a written reprimand from Principal Gracia for insubordination, failure to follow a directive, falsifying a legal document,4 and defiance of authority. At the time that she received her reprimand, Ms. Smith had no prior disciplinary record and therefore her situation was different than was Respondent's when Respondent received her ten-day suspension.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board issue a final order dismissing Count I of the Notice, finding Respondent guilty of Counts II and III of the Notice, reducing Respondent's ten-day suspension to a five-day suspension, and awarding Respondent five days back pay. DONE AND ENTERED this 7th day of December, 2001, in Tallahassee, Leon County, Florida. STUART M. LERNER 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 7th day of December, 2001.
The Issue The issues to be determined in this proceeding are whether St. Lucie County School Board (School Board) Rules 6.16 and 6.50*+ are invalid exercises in delegated legislative authority as defined by sections 120.52(8)(c), (d), and (e).
Findings Of Fact Ms. Jones is currently an employee of the St. Lucie County School Board, and has a professional service contract pursuant to section 1012.33, Florida Statutes. Her status with the School Board is “suspended without pay,” for reasons that are not relevant to this proceeding. As a classroom teacher, Ms. Jones is covered by the Collective Bargaining Agreement between the School Board of St. Lucie County and the Classroom Teachers Association. On June 13, 2017, the School Board suspended Ms. Jones without pay and on July 27, 2017, a Petition for Termination in Termination I was referred to the Division of Administrative Hearings for an evidentiary hearing. At that point, while Ms. Jones remained an employee of the School Board, she received no pay and no benefits from the School District. She began to look for other employment to support herself and her family. Ms. Jones applied to and was offered a job to work as a music teacher by the Somerset Academy St. Lucie (Somerset). Somerset is a charter school in St. Lucie County sponsored by and located within the geographical bounds of the School District and the jurisdictional bounds of the School Board. Ms. Jones did not submit an application for leave and the School Board did not approve a request for leave of absence in order for Ms. Jones to work at Somerset. By letter dated August 28, 2017, Superintendent Gent notified Ms. Jones of his intent to recommended to the School Board that she be terminated for grounds in addition to the already-existing suspension, i.e., for violating the School Board’s Rules 6.16(1); 6.301(2), (3)(b)(i), (3)(b)(xix), and (3)(b)(xxix); and 6.50*+. That letter became the basis for the Termination II proceeding. The factual basis for pursuing the second termination proceeding was that Ms. Jones was working at Somerset without having applied for and received approval for a leave of absence from the School Board. The merits of the School Board’s allegations in this second proceeding are no longer relevant in terms of Ms. Jones’ employment with the School Board, as the School Board, through counsel, has represented that the School Board no longer intends to pursue the allegations in Termination II. The allegations are relevant and informative, however, in establishing the School Board’s interpretation of its rules and establishing Ms. Jones’ standing to challenge the validity of those rules. The evidence presented at hearing established that Ms. Jones has standing to bring this rule challenge. School Board rule 6.16 is entitled “Dual employment,” and provides as follows: No person may be employed to work in more than one position in the school system except upon the recommendation of the Superintendent and approval of the School Board. No employee shall accept other employment that might impair the independence of his or her judgment in the performance of his or her duties. Rule 6.16 lists as its statutory authority sections 1001.41, 1012.22, and 1012.33, Florida Statutes, and lists sections 1001.43 and 1012.22 as the laws implemented. No reference to authority granted by the Florida Constitution is identified. School Board Policy 6.50*+ is entitled “Leave of Absence,” and provides in pertinent part: Leave of absence. A leave of absence is permission granted by the School Board or allowed under its adopted policies for an employee to be absent from duty for a specified period of time with the right to return to employment upon the expiration of leave. Any absence of a member of the staff from duty shall be covered by leave duly authorized and granted. Leave shall be officially granted in advance and shall be used for the purposes set forth in the leave application. Leave for sickness or other emergencies may be deemed to be granted in advance if prompt report is made to the proper authority. Length of Leave and Pay. Generally, no leave or combination of leaves, except military leave or Workers’ Compensation Leave, will be granted for a period in excess of one year. Illness-in-line-of- duty leave may not be extended beyond the maximum medical improvement date or a maximum of two (2) years from the date of injury, whichever is the earliest date. Leave may be with or without pay as provided by law, regulations of the State Board, and these rules. For any absence that is without pay, the deduction for each day of absence shall be determined by dividing the annual salary by the number of days/hours for the employment period. Employment leave. A leave shall not be granted to any employee to accept other employment unless the leave is to accept employment at a charter school as provided in paragraph (5) below. Accepting employment while on a leave of absence cancels the leave automatically. The person on leave will be notified that he or she must return to work with the School Board immediately, resign or be terminated. The Superintendent shall develop procedures to implement leave provisions. Charter School Leave. An employee may be granted leave to accept employment at a charter school in St. Lucie County in accordance with the following provisions: Teachers. Teachers may apply for leave to work at a charter school. The School Board will not require resignation of teachers desiring to work at a charter school. Teachers granted such leave by the School Board are not required to be on a continuing or professional services contract and shall not be subject to the seven (7) continuous years’ service requirement. Should a teacher on leave elect to return to work at the District, the teacher shall return to the teacher’s former position or a comparable position for which the teacher is qualified. * * * Method to Request Leave. An application to request leave to accept employment in a charter school shall be submitted using the procedures specified in Policy 6.501(1). For ten month instructional personnel, an application to request leave to accept employment at a charter school shall be submitted to the principal at least forty-five (45) days prior to the first day of work for the school year . . . . Insurance and Retirement Benefits. It shall be the sole responsibility of the charter school site to provide insurance and retirement benefits to charter school employees . . . . * * * Notice of Intent to Return. Employees on charter school leave shall give the School Board written notice of their intent to return at least sixty (60) days prior to the beginning of the semester they wish to return. Requirement for Annual Renewal. Charter school leave must be renewed annually. It is the sole responsibility of the employee on leave to submit an annual written letter notice of leave to the Superintendent or designee, and a copy of the annual written letter notice of leave to the employee’s school principal or immediate supervisor, as applicable, on or before April 1 of each year if they wish to renew their charter school leave for the following school year. Employees who do not submit the required annual leave form on or before April 1st will be considered to have voluntarily terminated their employment, and will no longer be eligible for any benefits or other consideration under this leave policy. (Emphasis supplied.) 11. Rule 6.50*+ lists sections 1001.41, 1012.22, and 1012.33 as its statutory authority, and lists sections 1001.43, 1002.33(12)(e), 1012.22, 1012.61, 1012.63, and 1012.66 as the laws it implements. No reference to authority granted by the Florida Constitution is identified. Rule 6.50*+ provides that if a teacher working for the School Board wishes to work at a charter school within St. Lucie County, that teacher must apply for permission to do so. However, the definition of a leave of absence in the first paragraph of rule 6.50*+ specifically provides that a leave of absence allowed under the rule is for a specified period of time “with the right to return to employment upon the expiration of leave.” By its terms, the rule does not appear to encompass those employees whose status is “suspended without pay,” given that those employees who are suspended without pay do not necessarily have the right to return to employment upon expiration of leave. Rule 6.50*+ also provides that an application for charter school leave shall be provided to the teacher’s principal at least 45 days before the beginning of the school year. For teachers on suspension without pay or who are not assigned to a particular school, there is no principal to whom the application can be given. The rule does not specify an alternative. Instead, Mr. Clements stated that it would be up to Ms. Jones (and presumably, anyone in her circumstance) to ask where to submit an application for charter school leave. The School Board interprets rule 6.50*+ as applying to all employees, regardless of their status. Rule 6.50*+ does not indicate what criteria would be used for determining if an employee’s application for leave should be granted. Mr. Clements testified that the decision is made on a case-by-case basis. He also testified that had Ms. Jones applied for charter school leave, he would not have recommended that her request be approved, because as a teacher on unpaid suspension, she is not in good standing with the School District. Nothing in rule 6.50*+ alerts Ms. Jones, or any other teacher in her circumstances, that her suspension without pay would be a basis for disapproval of an application for charter school leave. Nothing in the rule alerts any applicant of the criteria to be considered for the grant or denial of a requested leave of absence. The consideration of a staff member’s current disciplinary status is not an unreasonable consideration for the Superintendent or for the School District. It is not, however, included in the rule as a basis for deciding whether a request for charter school leave should be approved or denied.
The Issue The issue is whether Petitioner has just cause to terminate the employment of Respondent, a Behavior Management Teacher (BMT), due to Respondent's inappropriate interaction with a student on April 16, 2014, as alleged in the Amended Notice of Specific Charges.
Findings Of Fact Petitioner is a duly-constituted school board charged with the duty of operating, controlling, and supervising all free public schools within Miami-Dade County, Florida, pursuant to article IX, section 4(b), Florida Constitution, and section 1001.32, Florida Statutes. At all times material hereto, Respondent was employed as a BMT at Allapattah Middle School (Allapattah), a public school in Miami-Dade County, Florida. Respondent has been employed by the School Board for approximately 14 years pursuant to a professional service contract and subject to Florida Statutes, the regulations issued by the Florida State Board of Education, the policies and procedures of the School Board, and the provisions of the collective bargaining agreement in effect between Miami-Dade Public Schools and United Teachers of Dade (UTD contract). During his employment with the school district, Respondent took a break from teaching to attend divinity school. He became a permanent teacher in 2007 and worked in Miami Senior High School. Respondent transferred to Allapattah in 2011 at the request of its assistant principal. During the 2011-2012 school year, Respondent served as a SPED reading, language arts, and math teacher. During the 2012-2013 school year, Respondent held dual roles as the SPED Chair and a SPED teacher. In November 2013, Respondent was offered and accepted the position of BMT at Allapattah. The BMT is considered the "first in line" to deal with a student who causes a disturbance in the classroom by behavior such as cursing or fighting. If called by a teacher to assist or a BMT observes a student acting out in such a way as to disrupt a classroom, the BMT intervenes to try and get both sides of the story regarding why the student is upset and tries to redirect or modify the student's behavior so that the student can remain in the classroom. If that is unsuccessful, the BMT removes the student to a special education classroom where the BMT uses other techniques, such as discussing respect, to calm the student. The BMT may also recommend an in- school or out-of-school suspension. Respondent was in a graduate program for guidance counseling when offered the BMT position. He accepted the position because he felt the BMT role would help him better understand the student population with emotional/behavioral disorders (EBDs). As the BMT, Respondent was assigned 30 students with severe behavioral issues. Respondent also continued some duties of the SPED Chair position until February 2014. Respondent received uniformly satisfactory performance evaluations throughout his teaching career with Petitioner. He was not previously counseled or disciplined for any reason. On April 16, 2014, Towanda Seabrook, the SPED Chairperson, entered a seventh-grade classroom for observation and saw two students being disruptive. N.H. was cursing the classroom teacher, and D.J. was talking with other students. Ms. Seabrook directed these students to leave the classroom and go with her to the SPED office/classroom. The SPED office/classroom is in Allapattah's classroom 1165. It is a large room with several work stations and a conference table that are used by the EBD counselors, teachers, and the BMT. Attached and opening into the SPED office/classroom are the offices of the SPED Chairperson and EBD counselors. After going with Ms. Seabrook to the SPED classroom, N.H. directed his profanity and ranting at Ms. Seabrook calling her a "motherfucker," "whore," and "bitch" and repeatedly saying "fuck you" to her. Ms. Seabrook attempted to defuse the situation by explaining that she is a mother and asking N.H. how would he like it if someone said these types of graphic things to his mother. Ms. Seabrook chose not to go "toe to toe" with N.H. because she was aware that his exceptionality, EBD, causes him to be unable to control his emotions and temper. N.H. is known to curse and use profanity directed at teachers. Despite N.H.'s continued use of graphic language, Ms. Seabrook felt she had the situation under control and attempted to complete some SPED paperwork. Respondent entered the classroom and heard N.H.'s barrage of profanity and aggression directed at Ms. Seabrook. Respondent was familiar with N.H. due to N.H.'s history of being disrespectful to teachers, running out of class, name calling, defiance, and fighting. Respondent worked with N.H. on an almost daily basis attempting to help N.H. stay in school and modify his behavior to facilitate learning. Respondent described N.H. as one of the most difficult students with whom he was assigned to work. Because the BMT is supposed to be the first line of response to a belligerent and disruptive EBD student, Respondent immediately tried to diffuse the situation by reasoning with N.H. N.H. proceeded to call Respondent (an African-American male) "Nigger," "Ho" (whore), "pussy," "punk," and repeatedly said "fuck you." This tirade by N.H. went on for almost 45 minutes. During this time, N.H. and D.J. sat at the conference table in the classroom. Throughout the 2013-2014 school year, Respondent had tried numerous strategies to assist N.H. in controlling his behavior and temper at school-–all with no success. On April 16, 2014, after listening to N.H. verbally abuse Ms. Seabrook and himself, Respondent decided to use an unorthodox strategy to get N.H. to understand the gravity of his words and to calm down. Respondent asked N.H. if he knew what "fucking" means. N.H. responded "a dick inside a pussy." Respondent replied, "A dick inside a pussy? Maybe if you were fucking you wouldn't behave this way," implying that if N.H. was having sex, perhaps he would be better able to control his emotions at school. Ms. Seabrook overheard this portion of the conversation and it made her uncomfortable so she left the room. She believed this method used by Respondent was inappropriate and not likely to be successful, and she intended to talk to Respondent about it before advising the principal. Notably, Ms. Seabrook did not feel the need to intervene or immediately report the conversation and testified that in response to N.H.'s provocation, she may also have said "fuck you" back to N.H. This graphic discussion was also overheard by Deborah Phillips, an EBD counselor, who was in an adjacent office with the door open. After N.H. called Respondent a "pussy," Respondent asked N.H. if he knew what one was, had ever seen one or knew what to do with one. Ms. Phillips did not intervene or report the conversation. According to Ms. Phillips, this extremely graphic and profane interaction between N.H. and Respondent was only a minute or two. Ms. Phillips testified that she would not go toe to toe with N.H. because she believed it would only elevate the behavior. While Respondent and N.H. were arguing, and Respondent asked N.H. to define the words he was using, D.J. used his cell phone to video and audio record approximately 25 seconds of the conversation. In the recording, Respondent is heard telling N.H. to spell "Ho." N.H. answered "hoe," and Respondent stated, "yea nigga-–that's what I thought." During the brief recording, D.J. is heard laughing in the background. The conversation had the desired effect. N.H. started laughing and immediately calmed down. Respondent was able to escort N.H. to the principal's office where it was decided that N.H. would not be suspended, but rather Respondent would drive N.H. home. During the ride home, N.H. was calm and there were no further incidents or inappropriate discussions. The following school day, D.J.'s mother brought the recording to the attention of the principal who initiated an investigation. Respondent immediately expressed remorse and regret that he used this unconventional method of defusing N.H.'s anger. Respondent admitted participating in the graphic dialogue and acknowledged that it was inappropriate. As a result of the investigation, Respondent was suspended effective June 19, 2014, without pay and recommended for termination from employment. Findings of Ultimate Fact As discussed in greater detail below, Petitioner proved Respondent violated School Board Policy 3210, Standards of Ethical Conduct, but failed to demonstrate by a preponderance of the evidence that Respondent committed any of the other charged offenses.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner, Miami-Dade County School Board, enter a final order: (1) finding that just cause does not exist to terminate Respondent's employment; and (2) imposing punishment consisting of suspension without pay from employment through the end of the first semester of the 2014-2015 school year for violation of School Board Policy 3210 that does not amount to misconduct in office. DONE AND ENTERED this 20th day of November, 2014, in Tallahassee, Leon County, Florida. S MARY LI CREASY 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 20th day of November, 2014.
The Issue Whether Respondent's teacher's certificate should be revoked pursuant to Section 231.28, Florida Statutes, for alleged sale of marijuana, as set forth in Petition, dated May 11, 1979. The parties stipulated to the expected testimony of Petitioner's witnesses, and Respondent did not call any witnesses at the hearing. The parties further stipulated to the admission of Petitioner's Exhibits 1-5 and to Respondent's Composite Exhibit 1. This is an administrative proceeding whereby the Petitioner seeks to take adverse action concerning the teaching certificate of the Respondent based on an allegation the Respondent sold marijuana to a police officer on September 1, 1978. The matter was reported by the Superintendent, Polk County Public Schools, to Petitioner by letter of February 21, 1979. (Petitioner's Exhibit 3) The Petition herein was thereafter filed pursuant to directions of the State Commissioner of Education who on May 11, 1979, found probable cause to justify disciplinary action under the provisions of Section 231.28, Florida Statutes. Respondent requested an administrative hearing by Answer, dated May 22, 1979. Respondent filed a prehearing Motion to Strike the Petition on the grounds that the Polk County Superintendent improperly referred the matter to Petitioner on the basis of Respondent's nolo contendere plea in a criminal proceeding, and had suspended her from employment without an evidentiary hearing. The motion further alleged that Petitioner based its probable cause finding upon hearsay evidence and that it has no authority to make a finding of criminal guilt without a judicial adjudication of the same. Respondent's Motion is denied. Petitioner's Rule 6A-4.37, Florida Administrative Code, prescribes procedures for revoking or suspending certificates. It provides, inter alia, that when a superintendent has "cause to believe" that a certificate holder is "guilty of any offense" for which the penalty is revocation or suspension, it is his duty to file a "signed report" with any supporting documentation with Petitioner. Such a report merely triggers an investigation by Petitioner's staff for consideration by its Executive Committee and ultimate finding of probable cause by the Commissioner of Education. All of these procedures are preliminary in nature. No definitive action can be taken against a certificate holder and no final adverse action may be taken without an opportunity for an adversary hearing. The cases cited by Respondent in support of the notion deal with evidentiary standards for the issuance of final orders and do not relate to such preliminary matters. Petitioner observed the requirements of its rules procedurally in this case.
Findings Of Fact Respondent Judy A. Cain holds Florida Teaching Certificate No. 339186, Post Graduate Rank II, valid through June 30, 1983, covering the areas of English and junior college. She was employed in the public schools of Polk County at Wahneta Elementary School as a teacher in September, 1978. (Stipulation) During the evening of September 1, 1978, a police officer of the City of Dundee, Florida, who was working in an undercover capacity, had a conversation with a woman later identified as Respondent and another woman named "Candy" at Walker's Bar in Dundee. They told the officer that they were going to buy a "bag" and get "high." The officer asked if they knew where he could pick up a "bag," and Respondent told him that she would have to have money to get it herself. The officer gave Respondent $20.00 and the two women left the establishment. They returned a short time later, and the woman known as Candy took a plastic bag containing a brownish vegetable matter from her purse and both women stated that it was "dynamite dope." Thereafter, laboratory tests established that the bag contained 18 grams of marijuana. (Stipulated testimony of Castro, Petitioner's Exhibit 1) On October 17, 1978, Respondent was arrested for the offense of sale of marijuana. On February 8, 1979, upon Respondent's plea of nolo contendere to sale and possession of a controlled substance, in the Polk County Circuit Court, an order was issued by the Court withholding adjudication of guilt and placing the Respondent on probation for a period of three years. Respondent was dismissed from employment by the School Board of Polk County on May 21, 1979, for immorality based on the sale of marijuana. Evidence concerning the foregoing disposition of judicial and school board proceedings was received at the hearing upon stipulation of the parties, but will not be considered herein for purposes of determining grounds for disciplinary action under Section 231.28, F.S. (Stipulated testimony of Castro, Wilson, Petitioner's Exhibits 1- 2, 5) In the opinion of Respondent's former principal, the Polk County School Board Director of Employee Relations, the Chairman of the School Board, and several parents, a teacher who commits the offense of sale of marijuana would thereby set an improper example for students and seriously reduce the teacher's effectiveness as an employee of the school system. (Stipulated testimony of Miles, S. Wilson, Qualls, D. Wilson, Aggelis, supplemented by Petitioner's Exhibit 4) During the school year 1975-76 in the Polk County School System, Respondent received a "satisfactory" rating on her annual teacher assessment report. She received the highest rating of "good" during the 1976-77 school year, and a "satisfactory" rating for the 1977-78 year. (Respondent's Composite Exhibit 1)
Recommendation That Respondent's teaching certificate be revoked for a period of two years. DONE and ENTERED this 22nd day of February, 1980, in Tallahassee, Florida. THOMAS C. OLDHAM Hearing Officer Division of Administrative Hearings 101 Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of February, 1980. COPIES FURNISHED: J. David Holder, Esquire 110 North Magnolia Drive Suite 224 Tallahassee, Florida 32301 Wallace L. Storey Post Office Box 796 Bartow, Florida 33830 Hugh Ingram, Administrator Professional Practices Council 319 West Madison Street Tallahassee, Florida 32301
