The Issue Whether Respondent committed the offenses set forth in Administrative Complaint and, if so, what penalties should be imposed?
Findings Of Fact Respondent holds Florida Education Certificate No. 460644, covering the areas of Educational Leadership and Social Science. The license is valid through June 30, 2001. At all times material to this proceeding, Respondent was employed as a substitute teacher at Marathon High School in the Monroe County School District. On or about November 26, 1996, Respondent submitted an application for renewal of a Professional Florida Educator's Certificate to Petitioner's Bureau of Teacher Certification. On the application, Respondent checked "no" in response to the following question: Have you ever been convicted of a crime, found guilty, or entered a plea of nolo contendre or had adjudication withheld in a criminal proceeding; or are there any criminal charges now pending against you. Failure to answer this question accurately could cause denial of certification. By indictment of the grand jury convened in Pickens County, South Carolina, on June 22, 1995, Respondent was charged with "Assault and Battery of a High and Aggravated Nature" and with the offense of "Disturbing Schools." Respondent pled guilty to the charge of Disturbing Schools and the lesser charge of "Simple Assault and Battery" on March 18, 1996. He received a sentence of a $200 fine and a suspended 90 days jail sentence. On or about October 6, 2000, Petitioner submitted its First Request for Admissions to Respondent. Respondent failed to answer, admit, or deny the truth of the matters asserted in the request; namely, that Respondent submitted the application for renewal of a Professional Florida Educator's Certificate in the manner and form described in paragraph 3, above, and that he pled guilty to the criminal charges described in paragraph 4, above. Pursuant to Rule 1.370(b), Fla. R. Civ. P., the truth of the matters asserted in the request is conclusively established.
Recommendation Based upon the findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered revoking Respondent's teaching certificate for a period of three years. DONE AND ENTERED this 22nd day of December, 2000, in Tallahassee, Leon County, Florida. DON W. DAVIS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 22nd day of December, 2000. COPIES FURNISHED: William B. Graham, Esquire Graham, Moody & Sox, P.A. 215 South Monroe Street, Suite 600 Tallahassee, Florida 32301 Costa Lempesis 1334 Bryjo Place Charleston, South Carolina 29407 Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 224-E Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Michael H. Olenick, General Counsel Department of Education The Capitol, Suite 1701 Tallahassee, Florida 32399-0400 Jerry W. Whitmore, Chief Bureau of Educator Standards Department of Education 325 West Gaines Street, Suite 614 Tallahassee, Florida 32399-0400
The Issue Whether or not Ossie L. Gardner, the Respondent, on or about August 2, 1977, in Duval County, Florida, did expose his sexual organs by masturbation inside a pornographic booth in the presence of a plain clothes city vice detective at a Jacksonville movie theater, and further, whether or not Ossie L. Gardner plead guilty to the lesser charge of "indecent exposure" and was fined 550.00 plus court costs, all in violation of Sections 231.09 and 231.28, Florida Statutes, and Sections 6A-4.37, 60-1 and 60-5, Florida Administrative Code, in that it is conduct which is inconsistent with good morals and the public conscience, not a proper example to students, and conduct which is sufficiently notorious to bring Ossie L. Gardner and the education profession into public disgrace and disrespect. Whether or not Ossie L. Gardner, the Respondent, on or about June 29, 1967, in Leon County, Florida, did solicit for a lewd and lascivious act by an offer to commit and engage in lewdness, to wit, fellatio with an employee of the Tallahassee Police Department, in violation of Sections 231.09 and 231.28, Florida Statutes, and Sections 6A-4.37, 6B-1 and 6B-5, Florida Administrative Code, in that it is conduct which is inconsistent with good morals and the public conscience, not a proper example for students, and conduct which is sufficiently notorious to bring Ossie L. Gardner and the education profession into public disgrace and disrespect.
Findings Of Fact This cause comes on for consideration based upon the Petition for Revocation of Teacher's Certificate filed by the Petitioner, Professional Practices Council, against Ossie L. Gardner, the Respondent. At the commencement of the hearing, the parties entered into several stipulations. The first of those stipulations was that the statements in the Petition for Revocation of Teacher's, Certificate found under the title "Jurisdictional Matters" are agreed to and established as facts in this cause; therefore, with the recitation of those facts in the following quotation, those facts under the title "Jurisdictional Matters" are hereby established. "JURISDICTIONAL MATTERS" "OSSIE L. GARDNER is the holder of Post-Graduate, Rank II Florida teaching certificate number 181441, covering Math, Emotionally Disturbed and Junior College, which is valid until June 30, 1993." "OSSIE L. GARDNER has been employed as a math/science teacher at the Juvenile Shelter in Jacksonville, Florida. He holds a tenure contract in Duval County where he continues to teach at this time. The Professional Practices Council received a report from Buford H. Galloway, Director of Evaluation and Development, indicating that OSSIE L. GARDNER was charged with Exposure of Sexual Organs by Masturbation on August 2, 1977. Pursuant to this report and under the authority contained in Section 231.28, Florida Statutes, staff of the Department of Education conducted a professional inquiry into the matter and on February 13, 1978 made its report to the Executive Committee of the Professional Practices Council. The Executive Committee recommended that the Commissioner of Education find that probable cause exists to believe that OSSIE L. GARDNER is guilty of acts which provide grounds for the revocation of his Florida teaching certificate. The Commissioner of Education found probable cause on February 13, 1978, and directed the filing of this petition. The Petitioner has authority under Section 6A-4.37, Rules of the State Board of Education to file this Petition. The State Board of Education has authority under action 231.28, Florida Statutes to revoke the teaching certificate of OSSIE L. GARDNER." At the commencement of the hearing, the parties further agreed to stipulate to the introduction of certain items of evidence without the necessity for authentication of those documents. Finally, the parties agreed to stipulate to the introduction of the deposition of Otha Lee Wooden, as a late-filed exhibit, to be used by the undersigned in the same way as the testimony offered in the course of the hearing. The facts in the case revealed that on August 2, 1977, between 3:30 and 4:00 P.M., Officer J. W. Lockley of the Jacksonville Sheriff's Office, Duval County, Florida, was making a routine check of the J & K Adult Theater in the 400 block of Main Street, Jacksonville, Florida. This theater contains material of sexual content. Among other features of the theater are certain booths located behind a curtained area, which is separated from the other part of the establishment. Those booths have coin-operated projectors which allow for the display of preselected film clips which have been obtained from the proprietor. The booths are approximately four feet by seven or eight feet in dimension and the patron may stand up or in some cases may sit down in the booths. The booths have a further feature which is a door which has instructions that it must be closed during the course of the film being shown. On the date in question, Officer Lockley went into the area of the theater which contains the booths and observed the Respondent, Ossie L. Gardner, in Booth No. 8. At that time, the door to the booth was open and Gardner was observed with his sexual organs exposed, and was observed stroking his exposed penis with his hand in an upward and downward motion. A film was playing in the booth, being projected on a small screen. The film depicted sexual activity between male participants, specifically fellatio. Officer Lockley passed up the aisle from where he had observed this activity on the part of the Respondent and then returned to the area of the booth in which Mr. Gardner was located. At that point, Gardner continued to stroke his penis and to look and obtain eye contact with Lockley and then to look down at his penis. Lockley subsequently arrested Gardner for exposure of sexual organs, in violation of Section 80003, Florida Statutes. Gardner later plead guilty to a municipal ordinance violation of indecent exposure, City of Jacksonville Ordinance No. 330.124. For this violation, Gardner was given a judgment and sentence of a $50.00 fine plus $2.00 court costs. In the course of the arrest, the Respondent indicated to Officer Lockley that he had bean arrested for similar conduct before in a matter in Tallahassee, Florida. This incident pertained to a situation which occurred in the Greyhound Bus Station in Tallahassee, Florida, on June 29, 1967. At that time, C. A. McMahan, an employee of the State Prison Camp, Division of Corrections, Tallahassee, Florida, was working as an agent with the Tallahassee Police Department to assist in the investigation of vice activities. In particular, McMahan was assisting in the investigation of alleged homosexual activities in the men's restroom of the Greyhound Bus Station. On the date in question at around 10:00 P.M., McMahan went into the men's restroom and entered one of the closed-in stalls in which a commode was located; Gardner went to one of the urinals in the bathroom facility. Before entering the stall, McMahan observed Gardner masturbating at the urinal. McMahan then closed the door to the stall and was seated in the area of the commode when Gardner moved into the area next to McMahan's stall and continued to masturbate as observed through a hole in the wall between the stall in which McMahan was located and the area where Gardner was positioned. After a period of three or four minutes, Gardner stuck his penis through a hole in the partition wall into the area where McMahan was located. At that point, McMahan left to tell Captain Burl S. Peacock of the Tallahassee Police Department, Tallahassee, Florida, of his observation. Both of these individuals went back into the restroom, at which point Gardner was arrested. Gardner, after being advised of his constitutional right to remain silent, admitted that he had gone to the restroom with the thought that he could get some "sexual relief", and further admitted putting his penis through the hole in the partition for the purpose of getting that "sexual relief." Gardner also admitted to Peacock that he had been involved in homosexual activities as early as the age of 18 and had performed sodomy on one occasion and had been a passive partner in homosexual activities at other times. Subsequent to the June 29, 1967, arrest, Gardner received psychiatric attention for his problem. For the incidents related in the matters of August 2, 1977, and June 29, 1967, the Respondent has been charged with violations of Sections 231.09 and 231.28, Florida Statutes, and Sections 6A-4.37, 60-1 and 6B-5, Florida Administrative Code; in that his conduct is alleged to be inconsistent with good morals and the public conscience; not a proper example for students and conduct which is sufficiently notorious to bring Ossie L. Gardner and the education profession into public disgrace and disrespect. A review of those stated sections of the Florida Statutes and the The Florida Administrative Code reveals that any substantive allegations cognizable through this complaint are found in provision of Section 231.09(2), Florida Statutes, and Section 231.28(1), Florida Statutes, only. Therefore, no further reference will be made to Section 6A- 4.37, 60-1 and 60-5, Florida Administrative Code. Section 231.09(2), Florida Statutes, reads as follows: "(2) EXAMPLE FOR PUPILS.--Labor faithfully and earnestly for the advancement of the pupils in their studies, deportment and morals, and embrace every opportunity to inculcate, by precept and example, the principles of truth, honesty and pat- riotism and the practice of every Christian virtue." The conduct which has been established in the facts pertaining to the incidents of August 2, 1977, and June 29, 1967, involving the exposure of the Respondent's sexual organs and the surrounding activities in those incidents, is conduct which shows that the Respondent is not laboring faithfully and earnestly for the advancement of the pupils in their deportment and morals' in violation of Section 231.09(2), Florida Statutes. No other violation of that provision has been established. Section 231.28(1), Florida Statutes, together with the preamble to the overall Section 231.28, Florida Statutes, reads as follows: "231.28 Suspension or revocation of certificates. The Department of Education shall have authority to suspend the teaching certificate of any person for a period of time not to exceed 3 years, thereby denying him the right to teach for that period of time, after which the holder may return to teaching as provided in subsection (6); to revoke the teach- ing certificate of any person, thereby denying him the right to teach for a period of time not to exceed 10 years, with reinstatement subject to provisions of subsection (6); or to revoke permanently the teaching certificate of any person, provided: (1) It can be shown that such person obtained the teaching certificate by fraudulent means, or has proved to be incompetent to teach or to perform his duties as an employee of the public school system, or to teach in or to operate a private school, or has been guilty of gross immorality or an act involving moral turpitude, or has had his certificate revoked in another state, or has been convicted of a mis- demeanor, felony, or any other criminal charge, other than a minor traffic violation, or upon investigation has been found guilty of personal conduct which seri- ously reduces his effectiveness as an employee of the school board, or has otherwise violated the provisions of law, the penalty for which is the revocation of the teaching certificate, or has refused to comply with the regulations of the State Board of Education or the school board in the district in which he is employed." Again, the acts of August 2, 1977, and June 29, 1967, involving the exposure by the Respondent of his sexual organs and the facts therein, show that the Respondent has been guilty of gross immorality or an act involving moral turpitude. The only other possible violation under Section 231.28(1), Florida Statutes, which might be argued is the allegation of possible conduct which seriously reduces the Respondent's effectiveness as an employee of the school board. The sole testimony offered in the course of the hearing which would address that substantive accusation would be that testimony found in the deposition of Otha Lee Wooden. A review of that testimony indicates that the opinion of the principal of the school in which the Respondent teaches, to wit, the school No. 182, Juvenile Shelter School, is to the effect that the facts in these cases are not known to other persons in the school. Consequently, there is no testimony to indicate that there would be any loss of effectiveness if Mr. Gardner continued to teach. No other violations were alleged or proven.
Recommendation In the course of the hearing, matters in mitigation and aggravation were considered. In that presentation, it was demonstrated that the Respondent is a teacher with an outstanding background, as revealed by his personnel file, which is the Respondent's Exhibit No. 8 admitted into evidence. It was also established that the Respondent is a man of distinguished service to his country through service in the United States Army, as established in the Respondent's Exhibits Nos. 1 through 7. Further, it was established that absent these incidents alluded to in the course of this Recommended Order, the Respondent has not been the subject of disciplinary action by the Petitioner on any other occasion. Nonetheless, in consideration of the nature of his profession, it is recommended that the Respondent, Ossie L. Gardner, have his Post-Graduate Rank II Florida Teaching Certificate No. 181441 REVOKED for a period of three (3) years. DONE and ENTERED this 15th day of September, 1978, in Tallahassee, Florida. CHARLES C. ADAMS Hearing Officer Division of Administrative Hearings Mail: 530 Carlton Building 101 Collins Building Tallahassee, Florida 32399-1550 COPIES FURNISHED: L. Haldane Taylor, Esquire 2516 Gulf Life Tower Jacksonville, Florida Charles E. Grabill, Jr., Esquire 168 Blanding Boulevard, Suite 2 Orange Park, Florida 32073 Mr. M. Juhan Mixon Professional Practices Council 319 West Madison Street, Room 3 Tallahassee, Florida 32304
The Issue Whether Respondent violated Subsections 1012.795(1)(c), 1012.795(1)(f), and 1012.795(1)(i), Florida Statutes (2003),1 and Florida Administrative Code Rules 6B-1.006(3)(a), 6B-1.006(3)(h), and 6B-4.009(2), and, if so, what discipline should be imposed.
Findings Of Fact Mr. Ruffin holds Florida Educator Certificate No. 893557 for teaching mathematics. His certificate is valid through June 30, 2010. At all times relevant to the allegations in the Administrative Complaint, Mr. Ruffin was employed as a mathematics teacher at Dixie Hollands High School (Dixie Hollands) in the Pinellas County School District. During 2003, T.C. was an eleventh-grade student at Dixie Hollands. Mr. Ruffin tutored T.C. in mathematics over the summer of 2002 to prepare her for the Florida Achievement Test (FCAT). During the following school year, Mr. Ruffin developed a mentoring relationship with T.C., and T.C. became Mr. Ruffin's teaching assistant. Mr. Ruffin provided his cellular telephone number to all of his students, including T.C., in case they needed to contact him. On or about May 3, 2003, Mr. Ruffin was in his classroom with two other students during lunchtime. T.C. entered the room to speak to Mr. Ruffin because she was upset and sought advice. The other two students eventually left, and T.C. and Mr. Ruffin were in the room alone. T.C. shut the door, which contained a window covered by paper. School policy required that the doors remain locked, but propped open. After she shut the door, T.C. sat at the teaching assistant's desk, but soon started to cry and sat on Mr. Ruffin's lap. Mr. Ruffin and T.C. then hugged, and Respondent patted T.C. on her back. Both T.C. and Mr. Ruffin maintain that no other touching occurred during this incident and that T.C. was not on Mr. Ruffin's lap for more than 30 seconds. During the time period when T.C. was in the classroom with Mr. Ruffin, other students were looking into the classroom through a hole in the paper on the window. The hole in the paper was small, which allowed only one student at a time to look into the classroom through the hole. Approximately seven to nine students observed T.C. and Mr. Ruffin. The school has video cameras in the hallways, which recorded the students looking into the classroom for a period of several minutes. While observing from the hallway, the students witnessed T.C. sitting on Mr. Ruffin's lap behind the desk for several minutes. One student claimed she saw Mr. Ruffin rubbing T.C.'s leg; however, the student's testimony was not distinctly remembered and it was not precise and explicit. The students also saw T.C. going through some pictures from Mr. Ruffin's wallet. Mr. Ruffin acknowledged at the final hearing, that T.C. came around to his desk, sat on his knees, put her arm around his neck, and initiated a hug. He patted her on her back. At the final hearing, T.C. also acknowledged that she sat on Mr. Ruffin's knee and that he hugged her. T.C. denied that there was any inappropriate touching by Mr. Ruffin. One student, P.H., observed the encounter through the window. P.H. confronted T.C. about the incident and told T.C. that she could have gotten into trouble. T.C. told Respondent about the confrontation with P.H. P.H. then reported the incident to the School Resource Officer, Deputy Todd Pierce. Following the reporting of the events, Michael Bessette of the School Board's Office of Professional Standards investigated the incident. When Mr. Bessette spoke with Mr. Ruffin, Mr. Ruffin claimed that he did not have any other contact with T.C. after the incident and did not know whether or not the other students had confronted T.C. about it. Mr. Bessette then reported the incident to the principal, and the school district began an investigation. After speaking with all of the witnesses, T.C., and Mr. Ruffin, the School Board concluded that Mr. Ruffin acted inappropriately when he allowed T.C. to sit on his lap. Respondent's proper course of conduct when T.C. sat on his lap would have been to stand up and politely push T.C. away from him. Following the investigation, Mr. Ruffin signed a Stipulation Agreement with the school district where he agreed to a transfer to another school, a suspension without pay for 20 days, a retention of his annual contract for an additional year, and the designation of an "at will employee" for the 2004- 2005 school year. By signing the agreement, Mr. Ruffin also conceded that he was aware that his actions violated the Code of Ethics and the Principals of Professional Conduct of the Education Profession in Florida. Mr. Ruffin was transferred to Lakewood High School, where he is currently employed as a teacher. Mr. Ruffin has not been the subject of any other disciplinary proceedings since the incident giving rise to these allegations, and is an effective teacher at Lakewood High School.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that Walter Ruffin violated Subsections 1012.795(1)(f), and 1012.795(i), Florida Statutes, and Florida Administrative Code Rule 6B-1.006(3)(a); suspending his teaching certificate for 30 days; and placing him on probation for three years. DONE AND ENTERED this 19th day of April, 2006, in Tallahassee, Leon County, Florida. S SUSAN B. HARRELL 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 19th day of April, 2006.
The Issue Whether Respondent's teaching certificate should be revoked, suspended or otherwise disciplined for the violation alleged in the Administrative Complaint filed by the Petitioner.
Findings Of Fact At all times material to this proceeding, the Respondent held a Florida teaching certificate, number 652475, covering the area of substitute teaching, which is valid through June 30, 1993. At all times material to this proceeding, the Respondent was an authorized substitute teacher for the Pinellas and Manatee County School Districts. During the spring of 1990 Respondent was employed as a substitute teacher with the Manatee County School District and assigned as a teacher at Southeast High School. Respondent was an authorized substitute teacher for the Pinellas County School District, but after certain allegations arose concerning improper conduct by Respondent toward a student Respondent was not called to substitute. On May 3, 1989, the Respondent was arrested in Pinellas County and charged with soliciting a 14 year old child for sexual activity while in the position of custodial authority to the child. The child was a student in Respondent's class at Baypoint Middle School where Respondent was employed as a teacher by the Pinellas County School District. On May 3, 1989, Respondent was also arrested and charged with unlawfully obtaining a Florida Driver's license. In July 1989, the state attorney filed a two-count Information charging Respondent with procuring a person less than sixteen years for prostitution, and for soliciting for prostitution. Also, in July 1989, the state attorney filed an Information charging Respondent with knowingly making false statements, knowingly concealing a material fact, or otherwise committing fraud in an application for a Florida driver's license. On April 8, 1990, the Respondent was arrested in Pinellas County and charged with driving with a suspended driver's license. On April 27, 1990, the Respondent entered a plea of guilty to the charge of driving with a suspended license and was found guilty. The court withheld adjudication of guilt, and Respondent was ordered to pay $30.00 in costs. On May 4, 1990, Respondent was arrested and charged with petit theft. On June 21, 1990, the state attorney filed an Information charging Respondent with knowingly and unlawfully obtaining or using or endeavoring to obtain to use the property of another, to wit: petit theft, a second degree misdemeanor. On June 30, 1990, the Respondent entered a plea of guilty to the charge of petit theft. The court adjudged the Respondent's guilty and ordered him to pay a fine of $150.00 plus costs. On May 14, 1991, the Respondent entered a plea of nolo contendere to the charges of procuring a person less than sixteen years for prostitution, soliciting for prostitution, and making a false application for driver's license. The Respondent was represented by the Public Defender's office. The court withheld adjudication of guilt and imposition of sentence. The Respondent was placed on three years probation which included one year in the Community Control Program. The Respondent did not attempt to refute the above charges at the hearing. The Manatee County School Board became aware of Respondent's arrest in Pinellas County for solicitation of a minor and of certain alleged misconduct toward students at Southeast High School in Manatee County by the Respondent at the end of the 1989-90 school year. However, the Petitioner did not present any competent, substantial evidence of this alleged misconduct. The only evidence presented by the Petitioner was hearsay. There was insufficient evidence to show that Respondent's effectiveness as an employee of the School Board of Manatee County had been seriously reduced as a result of his personal conduct, notwithstanding that the Manatee County School Board would not rehire Respondent as a result of his personal conduct coming to their attention or the fact that his arrest and criminal history was reported in the Bradenton Herald, a daily newspaper circulated generally in Manatee County and the City of Bradenton. On September 4, 1990, in an attempt to secure employment with the District of Columbia Public Schools, Respondent signed a Disclosure Statement under penalty of perjury which included the following statement: I declare or affirm under penalty of perjury that I have not been convicted of, and or/am not the subject of pending charges for, the commission or attempt to commit any of the following offense(s), except as described below: murder; child abuse; rape; a sexual offense involving a minor or non-consenting adult; child pornography; kidnapping or abduction of a child; assault where the victim was a child under the age of sixteen years; illegal use, sale or distribution of controlled substances; illegal possession or use of weapons; or a crime of moral turpitude (i.e., one characterized by behavior or acts that violate moral sentiments accepted moral standards of the community and are of a morally culpable quality). I further certify that I am the applicant whose signature is affixed below. Although the Disclosure Statement provides a place for the description of convictions or pending charges, the Respondent did not list the conviction for petit theft or the pending charges of procuring a person less than sixteen years for prostitution, solicitation for prostitution and making false application for a driver's license that were pending in Pinellas County or the charges pending at the time in Manatee County for solicitation of a child for sexual acts by a person in custodial authority and solicitation of sex.
Recommendation Having considered the foregoing Findings of Facts and Conclusions of Law, it is, accordingly, RECOMMENDED: That a Final Order be entered finding Respondent, Kenneth K. Long guilty of violating Section 231.28(1)(c)(e) and (h), Florida Statutes and Rule 6B- 1.006(5)(a)(g) and (h), Florida Administrative Code, and for such violation permanently revoke Respondent's Florida teaching certificate No. 652475. It is further recommended that Counts III, VI, VII and VIII of the Administrative Complaint be dismissed. DONE and ENTERED this 27th day of August, 1992, in Tallahassee, Florida. WILLIAM R. CAVE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 27th day of August, 1992. APPENDIX TO RECOMMENDED ORDER In Case No. 92-7879 The following constitutes my specific ruling pursuant to Section 120.59(2), Florida Statutes, on the proposed findings of fact submitted by the Petitioner in this case. Specific Rulings on Proposed Findings of Fact Submitted by the Petitioner The following proposed findings of fact are adopted in substance as modified in the Recommended Order. The number is parenthesis is the finding(s) of fact which so adopts the proposed finding(s) of fact: 1(1); 2(2); 3(3); 4(4); 5(5); 6(11); 7(7); 8(8); 9(9); 10(10); 11(12); 13(12); 14(13); 16(13); and 17-18(14). Proposed findings of fact 12 and 15 are rejected as not being supported by competent, substantial evidence in the record. Proposed finding of fact is more of an argument to support proposed finding of fact 18 than a proposed finding of fact. Respondent did not file any proposed findings of fact with the Division of Administrative Hearings. COPIES FURNISHED: Margaret O'Sullivan, Esquire Department of Education 352 Florida Education Center 325 West Gaines Street Tallahassee, FL 32399-0400 Kenneth K. Long 5301 85th Avenue #202 New Carrolton, MD 20784 Karen Barr Wilde, Exec. Dir. 301 Fla. Education Center 325 W. Gaines Street Tallahassee, FL 32399-0400 Sydney H. McKenzie, General Counsel Department of Education The Capitol, PL-08 Tallahassee, FL 32399-0400 Jerry Moore, Administrator Professional Practices Services 352 Fla. Education Center 325 W. Gaines Street Tallahassee, FL 32399-0400
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found: Petitioner Lawrence A. Longenecker formerly held a Florida teaching certificate, and was employed as a science teacher at Madeira Beach Middle School in Pinellas County until January of 1978. In January of 1978, administrative charges were brought against the petitioner by the Professional Practices Council (the predecessor to the Education Practices Commission) for the revocation of his teaching certificate. After a hearing before a Hearing Officer with the Division of Administrative Hearings, it was found that petitioner had made sexual advances toward three female students on four separate occasions during 1977 and that petitioner was thus guilty of personal conduct which seriously reduced his effectiveness as a school board employee. The Hearing Officer recommended, by order dated November 25, 1980, that petitioner's teaching certificate be permanently revoked. Professional Practices Council v. Lawrence Longenecker, DOAH Case No. 80-1276 (November 25, 1980). By Final Order filed on February 2, 1981, the Education Practices Commission adopted the Hearing Officer's Recommended Order and permanently revoked petitioner's teaching certificate. Professional Practices Council v. Lawrence A. Longenecker, Case NO. 80-005-RT (February 2, 1981). No appeal was taken from this Final Order. In approximately March of 1983, petitioner filed an application for a Florida Teaching Certificate, which application was denied by the Department of Education. Its "Notice of Reasons" for denial, filed on June 30, 1983, recited the events which formed the bases for the prior permanent revocation of petitioner's teaching certificate, and concluded that petitioner had failed to demonstrate that he is of good moral character, as required by Section 231.17(1)(e), Florida Statutes, and that petitioner had committed acts for which the Education Practices Commission would be authorized to revoke a teacher's certificate. Petitioner was 28 and 29 years of age during the time of the acts which formed the basis for the prior certificate revocation. He is now 34 years old. Since 1978, he has obtained a Master's degree in personnel administration from the University of South Florida and has been employed in the area of retail management. He fees that he is now more mature and more wise and would like to return to his chosen profession of teaching school. During the pendency of the instant proceeding, petitioner visited Dr. Alfred Fireman for psychiatric counseling and evaluation on three occasions. It was Dr. Fireman's opinion that petitioner is psychologically fit to reenter the teaching profession provided that his behavior is monitored. He concluded that petitioner "was a suitable candidate for a probationary restoration of privileges." The Education Practices Commission has never reinstated a former certificate or issued a new teaching certificate to an individual whose certificate had been previously permanently revoked.
Recommendation Based upon the findings of fact and conclusions of law recited herein, it is RECOMMENDED that the Education Practices Commission enter a Final Order denying petitioner's application for a Florida teaching certificate. DONE AND ENTERED this 9th day of March, 1984. DIANE D. TREMOR Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 9th day of March 1984. COPIES FURNISHED: Lawrence D. Black, Esquire 152 Eighth Avenue SW Largo, Florida 33540 J. David Holder, Esquire Berg & Holder 128 Salem Court Post Office Box 1694 Tallahassee, Florida 32301 Donald L. Greisheimer Executive Director Education Practices Commission Room 125, Knott Building Tallahassee, Florida 32301
The Issue Whether the Education Practices Commission (EPC) should suspend, revoke, or otherwise discipline the Respondent's Florida teaching certificate for the violations alleged in the Administrative Complaint filed by the Petitioner herein.
Findings Of Fact The Respondent holds Florida teaching certificate 456761, covering the area of Elementary Education, which is valid through June 30, 1999. During the 1995-1996 school year, the Respondent was employed by the Sumter County School District as a reading teacher at Webster Elementary School. During the 1995-1996 school year, Shaun Boone was enrolled at Webster Elementary School as a fifth grade student. Shawn Boone was born on February 22, 1985, and was eleven years of age at the time of the incident. During the 1995-196 school year, Respondent taught reading to Shaun Boone in a "pullout program" in which students were assigned to go the Respondent's classroom each school day for fifty minutes. During the 1995-1996 school year, the Respondent shared a classroom with Patsy Rogers, another reading teacher. The room was divided in half by a row of bookshelves and file cabinets extending from one wall approximately three-quarters of the length of the room. Each teacher was assigned his and her own class of students. During Shaun's reading class on May 22, 1996, both the Respondent's and Ms. Rogers' students were gathered on the Respondent's side of the classroom to watch a videotape. During this class period Shaun was working on a reading exercise in Ms. Roger's side of the room. Shaun asked the Respondent for help with his reading exercise. The Respondent and Shaun sat down side by side at a table in Ms. Roger's area with the reading exercise papers on the table in front of them. The Respondent sat to the right of Shaun. Their backs were to the bookshelves and cabinets which divided the room. While seated in this position, the Respondent placed his left hand on top of Shaun's right leg and began to rub his leg. He then moved his hand up to Shaun's groin area and rubbed the student's genitals through his clothing. This touching occurred beneath the table in front of them. The Respondent's touching of his leg and genitals frightened Shaun. He immediately stood up and started to move away. As he stood up, the Respondent grabbed and squeezed his buttocks. Shaun slapped the Respondent's hand away from his buttocks and moved away from him. After school, Shaun went to Wednesday night church services; however, he told his parents what the Respondent had done to him at school that day when they got home from church. Shaun's father became very upset and, together with his wife, took Shaun to school the next morning. He met the school's principal, Ms. Carolyn Stephens, on the steps of the school when she arrived at 7:30 a.m. the next day, May 23, 1996. After speaking to the parents and interviewing the student. Ms. Stephens called the Superintendent of Schools to report the incident. Ms. Stephens was instructed to report the matter to the School Resource Officer and did so. Later on that same day, May 23, 1996, FDLE Special Agent (S/A) Alfred Danna arrived at Webster Elementary School to conduct an investigation at the request of the Sumter County Sheriff's office. S/A Danna was based in Tampa. Prior to that day, S/A Danna did not know any of the individuals involved in this matter. S/A Danna interviewed Shaun in the Principal's office. Shaun related the same information to S/A Danna that he had shared with his parents the previous day and with Ms. Stephens earlier on May 23. After interviewing Shaun, S/A Danna interviewed the Respondent in Ms. Stephens' office. S/A Danna explained to the Respondent that he did not have to talk with him. After initially denying any knowledge of the incident, the Respondent admitted to S/A Danna that he had accidentally touched Shaun's leg while getting out of his chair. After S/A agent Danna's confrontational questioning, the Respondent admitted that he had rubbed Shaun's leg and groin and touched his buttocks, but explained that he was an affectionate person and that the touchings were not intended to be sexual in nature, only affectionate. Based upon S/A Danna's investigation, the Respondent was arrested and charged by the State Attorney for the Fifth Judicial Circuit with two counts of lewd and lascivious act upon a child under sixteen years of age. The charging information was filed on June 3, 1996. On February 6, 1997, the Respondent entered a plea of nolo contendere to one count of Battery. The Respondent was adjudicated by the Court to be guilty of Battery and was sentenced to probation for one year, and ordered to pay a $1,000 fine within nine months. The Respondent was specifically ordered to have no contact with children under 18 without adult supervision and to not teach anyone under the age of 18 while on probation. Based upon the report of the incident described above, the Respondent was suspended without pay by the Sumter County School Board and remained under suspension at the time of the formal hearing on September 9, 1998.
Recommendation Based upon the findings of fact and conclusions of law, and considering the disciplinary guidelines, it is RECOMMENDED: That the Education Practices Commission enter a final order revoking the Respondent's certificate. DONE AND ENTERED this 2nd day of December, 1998, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN 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 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of December, 1998. COPIES FURNISHED: J. David Holder, Esquire Post Office Box 489 DeFuniak Springs, Florida 32435 Mark Herdman, Esquire Herdman and Sabellarides, P.A. 2595 Tampa Road, Suite J Palm Harbor, Florida 34584 Kathleen M. Richards, Executive Director Department of Education 224-E Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Jerry W. Whitmore, Program Director Professional Practices Services Department of Education 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400
