The Issue Whether Respondent's teaching certificate should be revoked or otherwise disciplined on grounds that he violated Section 231.28(1), Florida Statutes (1979), as alleged, by making sexual advances toward his female students on four separate occasions.
Findings Of Fact Based upon the evidence presented at hearing, including consideration of the validity and demeanor of witnesses, the following facts are determined: Respondent, Lawrence Longenecker ("LONGENECKER"), at all times material hereto held a Florida teacher's certificate: Certificate No. 283801, Post Graduate, Rank II, valid through June 30, 1986, covering the areas of secondary biology, junior high science, guidance, and junior college. (Joint Exhibit 1.) LONGENECKER was employed as a science teacher at Madeira Beach Middle School, a public school in Pinellas County, Florida, during the 1976-1977 and 1977-1978 school years, until his resignation in January, 1978. (Joint Exhibit 1.) I. Longenecker's Sexual Advances Toward Three Female Students The COUNCIL alleged, and has established that LONGENECKER made sexual advances toward three (3) female students on four separate occasions. The first incident occurred during the early morning of January 1, 1977. Robin Hamilton, an eighth grade student of LONGENECKER's at Madeira Beach Middle School, had just finished babysitting for LONGENECKER on the evening of December 31, 1976. While driving her home, LONGENECKER stopped behind a Publix Supermarket across from Madeira Beach Middle School, and asked her if he could "take her up on her offer", referring to his missing a chance to kiss her during a friendly mistletoe Christmas celebration at school earlier in the day. Thinking little of it, she said "okay"; he then kissed her. Five minutes later, he said, "What about one for the good luck of next year--in ninth grade?", and kissed her again. She let him. He then continued driving her home, but took a longer route than required. She told him, "This isn't the right way" home, and he answered, "Don't worry about it, I'll take you home." He then kissed her on the lips, again, putting his arms around her and pulling her closer. She became scared, and insisted he take her home, which he then did. She reported the incident to her parents the next day, and they insisted she tell the school principal; she then reported the incident to John Larson, the assistant principal. LONGENECKER denies having made these advances toward Miss Hamilton. However, her demeanor was direct and detached; she evinced no bias, interest, or motive to falsify, and her testimony is accepted as persuasive. (Testimony of Hamilton.) The second incident involved LONGENECKER and Elizabeth Karen James, another eighth grade student at Madeira Beach Middle School. He taught science, and she was his student assistant who helped prepare the laboratory, grade papers, and take roll. During January or February, 1977, she was working alone in the back room of the science laboratory; she had her face toward the wall and was leaning against a table. LONGENECKER, while attempting to show her something, leaned heavily against her--the lower part of his body pressing against her lower back side--and placed his hands on her shoulders. The continued pressure of his body against hers--for 2 to 3 minutes--made her scared. While this was going on, he continued to instruct her on preparing the lab for the next day. She waited until he was through and then quickly left the room. Later, she reported the incident to her parents. Approximately 2 to 3 weeks later, the third incident occurred when she was, again, working in the laboratory, and standing two feet from the door. She was leaning against the counter; he came up behind her and leaned heavily against her, in the same manner as he had done previously. She became scared, turned around, and tried to leave. He took her hand, and asked her to remain because he wanted to show her something else. LONGENECKER denies having made sexual advances toward Miss James. However, her testimony was not tainted by bias, intent, or motive to falsify; she evidenced no ill-will or hostility toward LONGENECKER, and her testimony is accepted as persuasive. (Testimony of James.) In February or March, 1977, Miss Hamilton and Miss James separately reported the above incidents, involving LONGENECKER, to John Larson, the school's assistant principal. Larson spoke with Dr. Robert Moore, the principal, and they both met with LONGENECKER to discuss the complaints. Dr. Moore expressed his concern over the alleged behavior and explicitly warned LONGENECKER that such conduct was unethical and jeopardized his teaching position. LONGENECKER neither admitted or denied the accusations, but listened, quietly. (Testimony of Moore, Larson, Longenecker.) The fourth incident occurred approximately nine (9) months later, on or about December 3, 1977, and involved Sharon O'Connell, a ninth grade student at Madeira Beach Middle School. LONGENECKER was her science teacher; she was a good student and liked him as a teacher. On the evening of December 3, 1977, Miss O'Connell was babysitting for LONGENECKER. LONGENECKER and his wife returned home at approximately 12:30 a.m., and he drove her home. Instead of taking her directly home, he took her to Madeira Beach Middle School, ostensibly to "pick up something." (Tr. 87.) When they arrived, he took her on a tour of new buildings that were being constructed at the school. It was a cold evening, and he put his arm around her, as if to keep her warm. He moved closer to her, as she was leaning against a wall, and pressed his lower body against her buttocks area. At the same time, he put his hands underneath her arms and rubbed her breasts. She tried to tighten her arms, and became scared; he acted like nothing out of the ordinary was occurring, and continued to talk of the construction work. They then walked to another area of the school, where he leaned her against a door, and repeated his earlier conduct--pressing his lower front against her buttocks and fondling her breasts. He was breathing heavily, and Miss O'Connell was embarrassed and scared. She then pulled away, and asked him to take her home. After several requests, he complied. She reported this incident to her parents, who immediately contacted the Superintendent of Schools. LONGENECKER denies having engaged in this conduct toward Miss O'Connell. Her testimony is, however, accepted as persuasive; she was visibly embarrassed by having to describe this incident, but expressed no hostility toward LONGENECKER; indeed, she indicated sympathy for his plight. (Testimony of O'Connell.) II. Effect of Incidents Upon Longenecker's Effectiveness as a School Board Employee After the incident involving Miss O'Connell was reported, LONGENECKER was called to Dr. Moore's office and confronted with the accusation. LONGENECKER neither admitted, nor clearly denied, the accusation. He was asked to resign immediately, which he did. Since that time, he has held several jobs in commercial establishments, and his efforts to find work as a teacher have been unsuccessful. (Testimony of Moore, Larson, Longenecker.) LONGENECKER's complained-of actions toward the three female students seriously reduces his effectiveness as a teacher at Madeira Beach Middle School and the immediate area. His misconduct has become generally known to faculty members, students, and their families, and his reemployment as a teacher at Madeira Beach would be opposed by parents and students. (Testimony of Moore.)
Conclusions Respondent is guilty, as alleged, of violating Section 231.28(1), Florida Statutes (1979). Due to the repetitive nature of his misconduct and the prior practice of the Board of Education in cases such as this, Respondent's teaching certificate should be permanently revoked.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That Lawrence LONGENECKER's teaching certificate No. 283801 be permanently revoked. DONE AND ENTERED this 25th day of November, 1980, in Tallahassee, Florida. R. L. CALEEN, JR. Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675
The Issue The issue for determination is whether Respondent should be dismissed from employment with Petitioner.
Findings Of Fact In 1987, Steven E. Belford, hereinafter Mr. Belford, began his employment with the Palm Beach County School Board, hereinafter School Board, as a School Police Officer. From 1991 through April 1995, Mr. Belford considered the conduct of the School Board’s employees, including supervisory and management personnel, towards him to be racially hostile. During this same time period, from 1992 through April 1995, the School Board considered the conduct of Mr. Belford towards co-workers, supervisors, superiors, and students to be inappropriate. On April 10, 1995, a meeting, which could affect Mr. Belford’s employment, was held regarding his job performance. At this meeting, Mr. Belford was represented by counsel from the Police Benevolent Association, hereinafter PBA. Also among those present at the meeting was James Kelly, Chief of the School Police for the School Board. Chief Kelly was concerned with Mr. Belford’s conduct in the performance of his duties. During this meeting, Mr. Belford described the problems that he was experiencing in the work place. After listening to Mr. Belford, Chief Kelly’s concerns extended to the safety of students, staff, and visitors at the school to which Mr. Belford was assigned. As a result of this meeting, Chief Kelly determined that Mr. Belford should and would be required to undergo a fitness for duty examination. Mr. Belford’s PBA counsel advised him to undergo the fitness for duty examination. Even though Mr. Belford’s position was that there was no basis for the examination and that it was, therefore, inappropriate, he agreed to the examination. Mr. Belford was willing to comply with whatever was required of him, even though he may not agree, to keep his job. It is undisputed that the referral of Mr. Belford for a psychological evaluation was reasonable. On April 25 and 26, 1995, Dr. Harley V. Stock performed what he referred to as the “mandatory fitness for duty examination.” In Dr. Stock’s evaluation, dated May 3, 1995,2 he stated, among other things, the following: [Mr. Belford] shows no impairment in relationship to reality. . . . there was no indication of any underlying mood disorder. . . . There is no indication of any underlying thought disorder. . . . In summary this examiner has had the opportunity to review a significant amount of collateral information regarding Mr. Belford’s employment with the Palm Beach School Police Department. It appears that he has had fluctuating reviews, particularly in areas as it relates [sic] to interpersonal interactions. When confronted with documentation, Mr. Belford always has an “excuse”. He essentially feels that most of the problems that he is currently facing are a result of racial discrimination. He takes absolutely no responsibility for his own behavior. He is overly suspicious about other people’s motives towards him. He denies any type of provocative physical action towards the students or others. He believes that he is “misunderstood”. Psychological testing reveals him to be a skeptical, suspicious, over-controlled individual who may have the propensity to lose his “temper” at times when provoked. He, however, will have no insight into this. Instead, he would rather shift the blame, and responsibility to others for any problems that he finds himself in. I find some of Mr. Belford’s explanations for his behavior, as contained in the allegations, incredible. Based on psychological testing, Dr. Stock made the following recommendations in his evaluation: Because of his current psychologic [sic] functioning, his behavior at this time cannot be predicted in terms of his interactions with students and faculty members. He obviously harbors a great deal of hostility towards others, but does not either acknowledge, or recognize it. This can lead to episodes where he may become physically assaultive at the most, or at the very least, verbally aggressive in a way that is inappropriate in a school environment. I would therefore recommend that he is temporarily Unfit For Duty and that he needs mandatory psychologic [sic] counseling. Mandatory psychologic [sic] counseling means that the School Board should be appraised [sic] of his keeping scheduled counseling appointments, and that within a reasonable time, he be re-evaluated to ascertain whether he is making any progress in psychotherapy and gaining any insight into how to both understand his behavior and to modulate his impulses. During the time of treatment, I would recommend that he not engage in any functions that would place him in the role of having any type of “police authority”. This would include coming into contact with students and administrators. However, his psychologic [sic] condition does not render him totally incapable of employment. A “light duty” position would be appropriate in which he can carry on selected roles as described by the School Board while receiving treatment. After treatment is completed, within a reasonable time, Mr. Belford should then be re-evaluated to see if indeed treatment has had any effect on him. At that juncture, a further determination can be made about his work placement. In a meeting held on May 17, 1995, the results of Dr. Stock’s evaluation were discussed with Mr. Belford who was accompanied by his PBA counsel. Mr. Belford was advised that Dr. Stock considered him to be temporarily unfit for duty. In May 1995, in accordance with Dr. Stock’s recommendations, Mr. Belford was removed from duty. He was assigned light duty in the risk management department while he underwent counseling. Mr. Belford’s psychological counseling sessions were conducted by MCC Behavioral Care. His counseling sessions began on May 18, 1995. The School Board coordinated Mr. Belford’s appointments with MCC Behavioral Care and Dr. Stock. Melinda Wong was the coordinator for the School Board. During his last counseling session with MCC Behavioral Care held on August 4, 1995, Mr. Belford and his counselor agreed that he need not return to MCC Behavioral Care for any more counseling sessions. However, the counselor did not indicate to Mr. Belford whether he should or was required to return to Dr. Stock for a final evaluation. In August 1995, a representative from Ms. Wong’s office informed Mr. Belford that his final evaluation with Dr. Stock would be conducted on August 29, 1995. Mr. Belford attended the session with Dr. Stock on August 29, 1995. Mr. Belford departed the session with the understanding that the session was for his final evaluation and that Dr. Stock would submit his final report to the School Board within the next week. However, no final determination was made by Dr. Stock regarding Mr. Belford’s fitness for duty. Dr. Stock had concerns regarding the appropriateness of the counseling provided to Mr. Belford by MCC Behavioral Care. During the month of September 1995 and subsequent months, Mr. Belford periodically inquired of Ms. Wong about the status of Dr. Stock's final determination. Each time, she informed him that no determination had been made by Dr. Stock. Mr. Belford was clearly frustrated. On October 5, 1995, Mr. Belford filed a complaint of discrimination with the Equal Opportunity Employment Commission, hereinafter EEOC, against the School Board. Finally, Dr. Stock's office contacted Ms. Wong and informed her that Dr. Stock needed to have one more session with Mr. Belford in order to make a final evaluation. Ms. Wong arranged for the session to be conducted on January 3, 1996, after Mr. Belford's Christmas vacation. On Friday, December 15, 1995, at approximately 2:40 p.m., Ms. Wong went to Mr. Belford’s workplace which was in the immediate vicinity of her workplace. She advised Mr. Belford that he needed to attend a final session with Dr. Stock on January 3, 1996, in order for Dr. Stock to prepare the final evaluation. Believing that he had attended his final session with Dr. Stock on August 29, 1995, and that Ms. Wong was not aware of the final session, Mr. Belford informed Ms. Wong that he had already completed his final session and requested that she check her records. Mr. Belford was visibly tense and upset. Ms. Wong was surprised by Mr. Belford's reaction. She interpreted Mr. Belford's conduct as refusing to attend his last session with Dr. Stock for a final evaluation. Ms. Wong departed Mr. Belford’s workplace and immediately contacted Chief Kelly. Seeking advice, Chief Kelly telephoned Louis Haddad, the School Board’s Coordinator of Employee Relations. Mr. Haddad advised Chief Kelly to immediately contact Mr. Belford and to arrange a meeting with Mr. Belford that afternoon in Mr. Haddad's office, which was in the same building. Attending the meeting would be Mr. Belford, Chief Kelly, Ms. Wong, and Mr. Haddad. Chief Kelly telephoned Mr. Belford and informed Mr. Belford that he wanted to meet with him in Mr. Haddad's office. Mr. Belford informed Chief Kelly that he was getting-off work in approximately 10 minutes at 3:00 p.m.. At that time, Chief Kelly made it clear that he was giving Mr. Belford a direct order to attend the meeting. Mr. Belford advised Chief Kelly that he wanted his counsel present at the meeting. Chief Kelly did not respond to Mr. Belford's request, but asked him if he was refusing to attend the meeting, thereby disobeying a direct order. Immediately, Mr. Belford became nervous and afraid and felt queasy in the stomach. He inquired as to the location of the meeting. Chief Kelly informed him where the meeting was being held, and they both terminated the telephone conversation. Mr. Belford was on duty when Chief Kelly gave him the direct order to attend the meeting. Mr. Belford did not refuse to attend the meeting. He intended to attend the meeting. When the telephone conversation ended, Chief Kelly had a reasonable expectation that Mr. Belford would obey the direct order and attend the meeting being held that afternoon. Shortly after the telephone conversation with Chief Kelly, Mr. Belford began recalling the events leading up to the telephone conversation, and his nervousness and queasy feeling intensified. Mr. Belford became ill and was unable to attend the meeting. He departed from his workplace without notifying anyone of his sudden illness3 and without attending the meeting. While waiting for Mr. Belford, Chief Kelly, not being aware that Mr. Belford had departed his workplace, telephoned Mr. Belford's PBA counsel and informed him of the meeting and briefly of the underlying circumstances. The PBA counsel considered the meeting appropriate and advised Chief Kelly that he would be available by telephone when Mr. Belford arrived. Immediately after leaving his office, Mr. Belford contacted his new counsel. At approximately 3:25 p.m., a representative from the office of Mr. Belford's new counsel telephoned Chief Kelly. The representative of Mr. Belford's new counsel indicated to Chief Kelly that Mr. Belford would not be attending the meeting due to his sudden illness. Chief Kelly informed the representative that Mr. Belford had disobeyed a direct order and that, among other things, Mr. Belford was relieved of duty and would be recommended for termination due to insubordination. Prior to this telephone call, Chief Kelly had no knowledge that anyone other than the PBA counsel was representing Mr. Belford. Unbeknownst to the PBA counsel and Chief Kelly, Mr. Belford had decided prior to December 15, 1995, that he no longer wanted the PBA counsel's representation and that he wanted new counsel. On Monday, December 18, 1995, the next business day, Chief Kelly received written notification from Mr. Belford's new counsel regarding the reason for Mr. Belford's failure to attend the meeting. It is undisputed that there is no right to consult an attorney before obeying a direct order of a superior officer. Furthermore, it is undisputed that obeying a direct order from a superior officer is a critical and important aspect of the responsibilities of a police officer. On December 20, 1995, Chief Kelly recommended that Mr. Belford be terminated from employment with the School Board for insubordination. Mr. Belford never had a session with Dr. Stock subsequent to August 29, 1995. It was reasonable for Mr. Belford to presume that, since he was being recommended for termination, he was not expected to attend any future session with Dr. Stock. Dr. Stock never made a final determination as to whether Mr. Belford was fit to return to duty. On January 9, 1996, a pre-termination meeting was held with Mr. Belford at which he was represented by counsel. At the meeting, Mr. Belford was notified that he was being terminated for gross insubordination. By letter dated January 26, 1996, the School Board notified Mr. Belford that he was being suspended without pay and that he was being recommended for termination due to gross insubordination. On February 23, 1996, the School Board responded to Mr. Belford's charge of discrimination filed with the EEOC. The School Police for the School Board has a written policy regarding separation from employment. The policy defines gross insubordination in section "IV. C. Suspension/Termination" as "a willful disregard or constant or continuing intentional refusal to obey a direct order, reasonable in nature and given by and with proper authority." Furthermore, section "IV. D." provides that "Employees included in a bargaining unit are subject to suspension/dismissal provisions of the collective bargaining agreement." The School Board and the Palm Beach County PBA have a collective bargaining agreement, hereinafter CBA. Article 7 of the CBA, entitled "Police Officers Bill of Rights," provides in pertinent part as follows: 7.1 All law enforcement officers employed by the School Board shall have the following rights and privileges: Whenever a law enforcement officer is under investigation and subject to interrogation by members of his agency for any reason which could lead to disciplinary action, demotion, or dismissal, such interrogation shall be conducted under the following conditions: * * * I. At the request of any law enforcement officer under investigation, he/she shall have the right to be represented by counsel or any other representative of his/her choice who shall be present at all times during such interrogation when the interrogation relates to the officer's continued fitness for law enforcement service. * * * 5. No law enforcement officer shall be discharged, disciplined, demoted, or denied promotion, transfer, or reassignment, or otherwise be discriminated against in regard to his/her employment, or be threatened with any such treatment, by reason of his/her exercise of the rights granted by this part. Article 29 of the CBA, entitled "Progressive Discipline," provides in pertinent part as follows: This Section covers actions involving oral or written warnings, written reprimands, suspensions, demotions, dismissals, or reductions in grade or pay with prejudice. Disciplinary action may not be taken against an employee except for just cause, and this must be substantiated by sufficient evidence which supports the recommended disciplinary action. * * * 8. The discipline, dismissal, demotion, and suspension of any employee shall be for just cause. Where just cause warrants such action(s), any employee may be demoted, suspended, or dismissed upon recommendation of the Chief of Police to the Superintendent of Schools. Except in cases that constitute a real immediate danger to the District or other flagrant violation, progressive discipline shall be administered as follows: Verbal warning (written notation). Written warning. Written reprimand filed in Personnel. Suspension with or without pay. Dismissal. It is inferred and a finding is made that Mr. Belford is a member of the Palm Beach County PBA and is, therefore, subject to the collective bargaining agreement.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Palm Beach County School Board enter a final order revoking the suspension and dismissal and reinstating Steven E. Belford under terms and conditions as are appropriate. DONE AND ENTERED this 13th day of October, 1997, in Tallahassee, Leon County, Florida. ERROL H. POWELL Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 13th day of October, 1997.
The Issue The issue is whether Respondent’s employment with Petitioner as a high school principal should be terminated.
Findings Of Fact Beginning in 2011, Respondent was employed by Petitioner as the principal of Spanish River High School (“SRHS”). As the principal of SRHS, Respondent was required to “perform such duties as may be assigned by the district school superintendent pursuant to the rules of the school board, [including] rules relating to administrative responsibility, instructional leadership in implementing the Sunshine State Standards and the overall educational program of the school to which the principal is assigned.” § 1012.28(5), Fla. Stat.; Palm Beach Sch. Bd. Policy 1.014. The educational program which principals are charged with implementing is defined by Florida law. Section 1003.42(1), Florida Statutes, requires school boards to provide “all courses required for middle school promotion, high school graduation, and appropriate instruction designed to meet State Board of Education adopted standards [in the subject areas of reading and other language arts, mathematics, science, social studies, foreign languages, health and physical education, and the arts].” Additionally, the State of Florida requires “members of the instructional staff of the public schools” to teach certain specified subjects “using books and materials that meet the highest standards for professionalism and historical accuracy.” § 1003.42, Fla. Stat. These specifically required teachings, which are defined and described in varying degrees of detail, include: the “history of the state”; “conservation of natural resources”; “the elementary principles of agriculture”; “flag education, including proper flag display and flag salute”; the “study” of Hispanic and women’s contributions to society; kindness to animals; the “history and content of the Declaration of Independence, including national sovereignty … and how [these concepts] form the philosophical foundation of our government”; the “history, meaning, significance and effect of the provisions” of the United States Constitution; the “arguments in support of adopting our republican form of government, as they are embodied in the most important of the Federalist Papers”; and “the nature and importance of free enterprise to the United States economy.” Section 1003.42(2)(f) requires the teaching of the history of the United States, including the period of discovery, the Civil War, and the civil rights movement to the present, and includes the following direction: American history shall be viewed as factual, not as constructed, shall be viewed as knowable, teachable, and testable, and shall be defined as the creation of a new nation based largely on the universal principles stated in the Declaration of Independence. Section 1003.42(2)(h), which requires Florida educators to teach the “history of African-Americans,” specifically requires instruction on: The history of African Americans, including the history of African peoples before the political conflicts that led to the development of slavery, the passage to America, the enslavement experience, abolition, and contributions of African Americans to society. Instructional materials shall include the contributions of African Americans to American society. The teaching of the history of the Holocaust is mandated by section 1003.42(2)(g), which provides: (2) Members of the instructional staff of the public schools, subject to the rules of the State Board of Education and the district school board, shall teach efficiently and faithfully, using the books and materials required that meet the highest standards for professionalism and historical accuracy, following the prescribed courses of study, and employing approved methods of instruction, the following: * * * (g) The history of the Holocaust (1933-1945), the systematic, planned annihilation of European Jews and other groups by Nazi Germany, a watershed event in the history of humanity, to be taught in a manner that leads to an investigation of human behavior, an understanding of the ramifications of prejudice, racism, and stereotyping, and an examination of what it means to be a responsible and respectful person, for the purposes of encouraging tolerance of diversity in a pluralistic society and for nurturing and protecting democratic values and institutions. The curriculum for teaching the Holocaust at SRHS included an assembly which all tenth-grade students were required to attend. Schools have discretion in constructing a curriculum. The school’s principal is responsible for determining the contents of the curriculum. A school is not required to have a Holocaust assembly as part of its curriculum, but if an assembly is part of the curriculum, the assembly must be mandatory. A Holocaust assembly was “part of [SRHS’s] mandatory curriculum for tenth- graders.” On April 13, 2018, the mother of a rising SRHS tenth-grader wrote to Dr. Latson “to discuss the Florida Mandate to include Holocaust Education each year in the student’s curriculum” and specifically to ask “in what ways/classes is Holocaust education provided to all of the students.” Dr. Latson answered the parent in an email which included these statements: [A]s far as [H]olocaust studies and the curriculum it can be dealt with in a variety of ways. The curriculum is to be introduced but not forced upon individuals as we all have the same rights but not all the same beliefs. Each year we do a Holocaust assembly and we target the 10th graders so every year that group will get a day[‘]s work with the [H]olocaust. We advertise it to the tenth grade parents as [there] are some who do not want their children to participate and we have to allow them the ability to decline. The parent replied to Dr. Latson in another email: Please clarify your statement: “The curriculum is to be introduced but not forced upon individuals as we all have the same rights but not all the same beliefs.” The Holocaust is a factual, historical event. It is not a right or a belief. Dr. Latson responded with the following statements: The clarification is that not everyone believes the Holocaust happened and you have your thoughts but we are a public school and not all of our parents have the same beliefs so they will react differently, my thoughts or beliefs have nothing to do with this because I am a public servant. I have the role to be politically neutral but support all groups in the school. I work to expose students to certain things but not all parents want their students exposed so they will not be and I can’t force the issue … . I can’t say the Holocaust is a factual, historical event because I am not in a position to do so as a school district employee. I do allow information about the Holocaust to be presented and allow students and parents to make decisions about it accordingly. I do the same with information about slavery, I don’t take a position but allow for the information to be presented and parents to be parents and educate their students accordingly. I am not looking for a situation to divide but just to let all know I don’t have a position on the topic, as an educator. My personal beliefs are separate and will always have no place in my profession. This is a very touchy subject, one I have had conversation with Rabbi Levin about. I am simply letting you know all we can do as a public school within our ability. Dr. Glenda Sheffield, who currently is Petitioner’s chief academic officer, was, at all times relevant to this matter, the instructional superintendent for Petitioner’s south region, which included SRHS. In that earlier position, Sheffield was the immediate supervisor of the principals of more than 20 middle and high schools located in the south region, including Dr. Latson. Sheffield reported to Dr. Ian Saltzman who was the regional superintendent for the south region. Saltzman reported to Mr. Keith Oswald. Oswald, at all times relevant to this matter, was Petitioner’s deputy superintendent of schools. Oswald’s duties included supervision of the regional and instructional superintendents who supervise the schools. Oswald was made aware of the email exchange between Dr. Latson and the SRHS parent by Dianna Fedderman, Petitioner’s assistant superintendent for curriculum, who had been told of it by Maureen Carter, Petitioner’s Holocaust program planner, to whom the parent had forwarded the emails. Carter and Fedderman expressed concern about the content of the emails, which Oswald shared. He forwarded the email chain to Saltzman and Sheffield to take action. Oswald directed Saltzman and Sheffield to keep him informed about the counseling they were giving to Dr. Latson, to address the Holocaust studies at the school to strengthen them, and to meet with the parent and address her concern. The Palm Beach County School District (“District”) did not publicize Dr. Latson’s emails, deciding the matter would be handled at the regional level. Dr. Latson was not disciplined for his statements to the parent. He was, however, counseled. Dr. Latson’s counsel described the coaching as advising Dr. Latson of the need for “more circumspect e-mail, e-mail composition to parents.” Dr. Latson testified that the “only criticism” he received was that he “could have worded a better email.” Sheffield did not feel the need to address the teaching of the Holocaust at SRHS because she knew from her own experience that the subject was, in fact, infused in the school’s curriculum. She, therefore, focused her work with Dr. Latson on what she considered to be his poor choice of words. Sheffield did work with the parent for “quite some time.” Between April of 2018 and July of 2019, there were numerous meetings and interactions among and between Sheffield, Saltzman, Carter, Fedderman, and the parent. Dr. Latson had no doubt that the District was supportive of him during this time and, again, the “only criticism” he received was that he “could have worded a better email.” Dr. Latson’s perception was that his emails to the parent were “not clear [and as I read them] some of the things weren’t clear and some of it, in retrospect I could have just left out.” Dr. Latson felt that his words to the parent “obviously gave her the belief that [he] did not believe in the Holocaust, [and he] was just saying [he] wasn’t going to affirm or deny it.” “[S]he kept bringing it back up, so that gave [him] the opinion that she didn’t understand what that meant, even after it was clarified.” When Sheffield was coaching Dr. Latson, she was not aware that he was allowing students to opt out of the Holocaust assembly because the students’ parents did not want the students to be exposed to the contents of the assembly. There is some confusion on this point because Dr. Latson says he never said directly that a student might “opt out” of an assembly with his blessing, but that parents were always free to keep their children home from school for any reason (including not wanting them exposed to the serious nature of the assembly), subject only to District attendance requirements. There is no District or SRHS provision authorizing a parent to opt out of instruction on the Holocaust. If a principal were to allow that practice, she believed he would not be enforcing the mandatory curriculum for the Holocaust. Oswald, who was to be kept informed of the efforts of Saltzman and the others, was told that Dr. Latson had acknowledged that his words were inappropriate. Like Sheffield, Oswald was not aware that Dr. Latson was allowing parents who wished to avoid the Holocaust assembly to “opt out” of it. On May 9, 2019, the same parent sent an email to Saltzman and copied Superintendent Fennoy, Oswald, and Sheffield about a meeting held on May 6, 2019, attended by the complaining parent and School District personnel. The email included the following statement referring specifically to Dr. Latson’s statements in his April 2018 emails: There is one major issue that was not resolved at the meeting, and we do not think there is any resolution other than to remove Mr. Latson as principal from [SRHS]. Mr. Latson made his thoughts very clear at the meeting. When he tried to explain that he thinks his statements in his offensive and erroneous emails last year were misunderstood, he ended up reiterating his offensive and erroneous views. Saltzman informed Oswald that the way the parent characterized the meeting of May 6, 2019, was not accurate. The District, therefore, gave no consideration to the parent’s call for Dr. Latson’s removal from his position at SRHS and took no action in response to the parent’s email. On July 5, 2019, the Palm Beach Post (“Post”) published an article headlined, “Spanish River High’s principal refused to call the Holocaust a fact: A mother pushed for a year to address what she described as a school leader’s failure to separate truth from myth.” Petitioner was aware before its publication that the article was being written. Oswald made a statement to the reporter writing the story. Oswald’s comments were reported in the article: Oswald, who oversees all the county’s principals, said he agreed with the mother that Latson’s email messages were inappropriate but were not reflective of who he was as an educator. Latson, he said, is a popular school leader whose school does more Holocaust education than most campuses and has led the school successfully for years. He should not be judged, he said, solely by a pair of email messages. “It was a hastily, poorly written email that he apologized for,” Oswald said. “That’s some of the challenge that we face when we email back and forth instead of picking up the phone.” Dr. Latson was also aware that the article was being written. The District’s communications director, Claudia Shea, worked with him to prepare a statement to be given to the writer. That statement was reported in the article: In a statement to The Post, Latson apologized for the way he expressed himself in his emails, saying it was not indicative of his actual beliefs or regard for historical fact. “I regret that the verbiage that I used when responding to an email message from a parent, one year ago, did not accurately reflect my professional and personal commitment to educating all students about the atrocities of the Holocaust,” Latson wrote. “It is critical that, as a society, we hold dear the memory of the victims and hold fast to our commitment to counter anti-Semitism,” he continued. He pointed out that [SRHS’s] educational offerings on the Holocaust exceed the state’s requirements. The Holocaust is taught, he said, in ninth- and 10th-grade English classes, as an elective course and in an annual assembly featuring a keynote speaker. The reaction to the publication of the article on July 5, 2019, was “complete outrage, chaos.” Oswald testified to the article’s impact: Q. Can you tell us how it was expressed? A. It was expressed … phone calls, e-mails, meeting with State representatives, locally to the White House. It was completely consuming of all my time on the following days. Q. The following day being the 6th? A. There and forward. The public reaction to the publication of the article and its impact on the District is not disputed. Dr. Latson himself acknowledged it in an email he sent to Oswald and others in the District at 3:36 p.m. on Saturday, July 6, 2019: The release of this article is having the effect the parent who wants to discredit me desired. It is causing a rift in the community, students and parents are attempting to defend me to those in the community who do not know me. I am not the public relations expert but I am wondering if something should come out from me to clear this up. Me not saying anything is fueling questions in the community. I am getting this daily from parents. My parent groups are trying to stop the negativity but they are asking if a statement can come out from me addressing this issue. They state that I have always been vocal and got ahead of things so it is the parents[‘] expectation to hear from me and not doing so is causing questions. Your thoughts? In response to Dr. Latson’s email, Oswald telephoned, telling him “not to make any statements and to not say anything and that we are working internally with the communications department about this.” Oswald specifically directed Dr. Latson not to make any further contact at that time. Oswald told Dr. Latson that they would talk on Monday, July 8, 2019. Dr. Latson testified that Oswald emailed his response to Dr. Latson’s July 6, 2019, email. No such email from Oswald was produced, but Dr. Latson’s telephone records indicate that he received a telephone call from Oswald on July 6, 2019, at 4:56 p.m., which lasted eight minutes. Dr. Latson acknowledged that this telephone call could have been Oswald’s response to his email. In any event, he did confirm being told that “we weren’t going to respond” to the article. The District continued to support Dr. Latson after the article was published. Before he left for vacation, he received a phone call from Sheffield, who told Dr. Latson that she was supporting him. Sheffield, having taken her current position as chief academic officer, was not Dr. Latson’s supervisor on July 6, 2019. She learned of the article’s publication while traveling back from her vacation. She nevertheless called Dr. Latson to ask how he was faring and to tell him to “hold [his] head high” and “[w]e’re going to get through this working together.” In the telephone conversation, Dr. Latson expressed the hope that “this doesn’t ruin [his] reputation.” He also spoke with Dr. Arthur Johnson, the representative of the principal’s association and his friend and former superintendent. Johnson told Dr. Latson to “hold on and let’s see what’s happening.” On Monday, July 8, 2019, Oswald called Dr. Latson at 7:36 a.m., and they spoke for five minutes. Oswald told Dr. Latson that the “Post article was starting to cause somewhat of a problem for [Oswald] and the District and [Oswald] wanted me to take a voluntary reassignment.” Dr. Latson told Oswald that he “needed to discuss [the reassignment] with [his] family” because he believed that his voluntary acceptance of a reassignment meant that the District could place him where they wanted and that might affect his compensation, and he “had an issue with that.” There is some variance between Dr. Latson’s testimony that he informed Oswald he would “try to get back” to him by noon, and Oswald’s testimony that Dr. Latson “stated he would get back to him that morning.” Dr. Latson admits “that Oswald requested a call back by noon.” Dr. Latson testified that, because he was on vacation, he was not obligated to call Oswald back before noon and, also, testified that, if he had been told to contact Oswald, that would be a directive he had to obey. It is, however, undisputed that Dr. Latson at least told Oswald he would “try” to get back to him by noon and undisputed that, even though he spoke with “individuals” about the reassignment, he made no effort to communicate with Oswald before noon of July 8, 2019. After speaking with Dr. Latson at 7:36 a.m., Oswald attempted to communicate with him no fewer than six times before noon on July 8, 2019, because of the urgency of the worsening situation. Oswald called Dr. Latson at 8:21 a.m., 9:35 a.m., 10:32 a.m., and 10:42 a.m., and texted him at 8:22 a.m. and 10:32 a.m. When Dr. Latson did not answer the telephone calls, Oswald left voicemails, increasing with urgency, saying the situation was escalating and asking him to return his call. In response to an automated text sent from Dr. Latson’s phone-- indicting he was driving and could not receive notifications, but informing the caller to “reply urgent” to send a notification with the original message-- Oswald texted him the word “urgent” twice at or around 10:32 a.m. Oswald received no response from Dr. Latson. Between 7:36 a.m. and noon on July 8, 2019, Dr. Latson placed nine and received four telephone calls to and from friends, family members, colleagues, and Johnson. Apparently, his cellular phone was functioning during this time. At approximately 12:33 p.m., not having heard back from Dr. Latson, Oswald sent Dr. Latson a text and an email informing him that Oswald was reassigning him to the District Office. Dr. Gonzalo La Cava, Petitioner’s chief of human resources, also left Dr. Latson a voicemail about the reassignment. Oswald’s text to Dr. Latson was as follows: “I have left you numerous messages to contact me. I am reassigning you to the district office. Please call me ASAP.” Dr. Latson’s argument, as opposed to his testimony, explaining his failure to respond to Oswald on July 8, 2019, is inconsistent. Dr. Latson initially justified his lack of a response to Oswald by arguing that the text he received from Oswald about being removed as principal of SRHS “did not seem to invite a response.” In fact, that text closed with the words, “Please call me ASAP.” In his Answer, Dr. Latson alleged that after he received the message about the re-assignment, he “attempted to email Oswald, but the message did not go through.” At hearing, Dr. Latson testified that he tried to text Oswald around 12:30 p.m., but the text did not go through. He also testified that he attempted to email Oswald at 9:30 p.m. from Jamaica. Dr. Latson explains his lack of response to Oswald by saying he was already on the phone whenever Oswald was trying to call and the calls could not have gone through. His telephone records, however, showed that other calls he was making during this time were interrupted and he was able to connect with the incoming caller. It is undisputed that Dr. Latson received Oswald’s communication telling him that he was being reassigned to the District Office. He admits he told Oswald he would “try” to get back to him specifically to tell Oswald whether he would accept the voluntary assignment. Dr. Latson’s failure to respond to Oswald’s several attempts to speak with him is consistent with a decision not to accept the voluntary reassignment. Contradicting testimony was given at hearing regarding whether Dr. Latson’s request to travel to Jamaica in July had even been approved or known about by Petitioner. A District spreadsheet showing a week-long leave beginning July 8, 2019, was offered into evidence and removed any doubt as to whether Dr. Latson was on recognized or approved leave. The public reaction that followed publication of the July 5, 2019, article was somewhat lessened by news of Dr. Latson’s reassignment, and, “after he was reassigned, there was some calming in the District.” The reassignment was widely publicized. The New York Times published an article datelined July 8, 2019, under the headline, “Principal Who Tried to Stay Politically Neutral About Holocaust Is Removed.” Although he did not respond to Oswald, Dr. Latson did email the faculty and staff at SRHS. The email was obtained by the author of the July 5, 2019, article. His email opened with the paragraph: I have been reassigned to the district office due to a statement that was not accurately relayed to the newspaper by one of our parents. It is unfortunate that someone can make a false statement and do so anonymously and it holds credibility but that is the world we live in. Dr. Latson describes his email as “a necessary and righteous denial of a false allegation.” He describes the “false statement”--the statement that was “not accurately relayed to the newspaper by a parent”--to be that “I was hesitant and I wouldn’t--I avoided confrontation with Holocaust deniers [and] that was not true [and] it also stated that, you know, I denied that the Holocaust occurred [and] that’s not true.” “She can fear my reluctance, but I had no reluctance, so that would be an incorrect statement.” However, in explaining his reasoning, Dr. Latson admits that the statements of the parent contained in the article were reported as the parent’s opinion and that, although she did not doubt that he knew the Holocaust was real, she “feared” that his reluctance to say so stemmed from a desire to “avoid confronting parents who deny the Holocaust reality.” He also made clear that the “statement” that was “relayed” by the parent to which he referred in his email to staff were, in fact, the statements that he had written in April of 2018. Dr. Latson believes that as an educator mandated by law to teach the history of the Holocaust, he is required--by the very statute which imposes that duty, to be tolerant of those who would deny that the Holocaust is historical fact, to the point of allowing some to avoid attending Holocaust remembrance assemblies required of all students. In his email to the complaining parent, Dr. Latson wrote that he could not, as a school district employee, say “the Holocaust is a factual, historical event.” At hearing, he testified that, although he could as a District employee state whether he believes the Holocaust to be a fact, he had the “option to be politically neutral.” In his email to the parent, Dr. Latson wrote that he advertised the tenth-grade Holocaust assembly “as there are some who do not want their children to participate and we have to allow them the ability to decline.” At hearing, Dr. Latson testified that he advertised the assembly so parents would know, in case a teacher marked a child who was attending the assembly absent. He testified that some parents do not want their children to attend the Holocaust assembly because of the graphic nature of the teaching materials used, and he is not “going to force a child to sit in a room where their parents don’t want them to be.” The District’s absence policy can be used to allow students to stay home from school during the Holocaust remembrance assembly, if the parents so desire. He believes that the statute mandating the teaching of the Holocaust as history requires that he be tolerant of those who do not want their children to be shown the graphic images of the atrocities, but that they could still learn from the required teachings through other means. Dr. Latson sent an email to faculty and staff at SRHS on the afternoon of July 8, 2019. Oswald, Fennoy, and the District did not learn of Dr. Latson’s statement concerning the complaining parent in this email until late that evening. Dr. Latson testified it was a common practice for principals leaving a school to inform the staff of their departure so they can prepare themselves for a change in administration, which generally means that an entering principal might do things a bit differently. He believed it was important to deliver the message of his leaving as early as possible. He admitted he wrote the email to staff quickly and did not take the time to fully consider the repercussions of his words regarding the complaining parent. He was frustrated that he had lost the support of the District at the time he wrote the email, after having received their support prior to that time. He admitted he did not do a good job of expressing his frustration, but he never believed the email would be seen by anyone but the faculty and staff at SRHS. While news of Dr. Latson’s reassignment had dampened the public reaction which the District was dealing with after publication of the July 5, 2019, article, Dr. Latson’s statement in the email re-energized the public. Instead of reconciliation over his poorly worded April 2018 emails, Dr. Latson’s placement of blame on the parent undermined the apology and made matters worse. There was “complete outrage [by District personnel] that he would do that to a parent.” An article which appeared in the Post on July 9, 2019, was headlined, “More calls for Spanish River High principal’s firing after he blames parent.” The article included the sub-heading, “Principal William Latson’s farewell message prompted an anti-hate group and two Boca-area legislators to join calls for his termination.” On July 10, 2019, the Post published an article headlined, “In defiant farewell, ousted principal blames parent.” Dr. Latson does not dispute that the public reaction to his email was negative, which he learned of while he was still in Jamaica. The personal impact of Dr. Latson’s statement in the July 8, 2019, email was demonstrated by those who testified on behalf of him. Dr. Latson conceded that he did not know the reasons for his reassignment at the time he wrote the email to SRHS faculty and staff. He wrote to his staff that he was reassigned because of a statement inaccurately relayed to the newspaper. He believes the statement to be that he did not want to confront Holocaust deniers. In fact, in the predetermination hearing, Dr. Latson’s representative began the defense with the statement that the District “cannot remove a principal or adversely transfer him for not being zealous enough in a parent’s personal crusade against anti-Semitism.” That is not how Dr. Latson’s supporters saw it. The record makes clear that the controversy was about Dr. Latson’s earlier words, specifically, that, as a public educator who was mandated to teach the history of the Holocaust, he thought it would be improper for him to state that the Holocaust was a fact since he would not be acting in a neutral manner as an educator. Shari Fox, the Magnet Academy coordinator at SRHS, testified that she specifically asked Dr. Latson, “What is controversial about the Holocaust?” His response was that he did not think it was controversial in the beginning, but it has more recently come to his attention that Holocaust deniers exist, which makes its existence controversial. Mr. Aaron Ryan Wells, a SRHS teacher and debate coach, described a news article that “was essentially fabricated in the sense that it didn’t give all the facts, basically creates the disaster that removes a man of three decades from his post.” Because of Dr. Latson’s treatment, Wells “treads lightly even when teaching geography.” He has had inquiries regarding whether the Holocaust is even an appropriate subject for high school students. This incident detracts from the power of the course that introduces the skill that is supposed to be introduced with these types of students, namely tolerance and respect for others who may be different from you. He took from Dr. Latson’s reassignment the lesson that a single parent can question how you teach a subject, which could potentially result in your reassignment or termination as an educator should you fail to bend to the parent’s wishes. The lesson and perception that Wells and others took from Dr. Latson’s removal was that you should not teach controversial subjects. In fact, and as a matter of law, the State of Florida does not consider the occurrence of the Holocaust to be controversial. It does not and cannot prevent any student or parent from holding the absurd “belief” that the Holocaust did not happen. It can and does mandate that the student will be taught that history is not opinion or belief and that the Holocaust did occur. Through his actions, Dr. Latson caused a great number of people to doubt the commitment of the District to honor that mandate. His unilateral attribution of the reasons for his termination caused further disruption in the SRHS community. Many SRHS faculty and staff were left with the idea that Dr. Latson was reassigned because of the April 2018 emails, and were left with a sense of “injustice” and “unfairness.” The Community, the faculty, and the staff were angry, and some of that anger was directed at the complaining parent and her student. Dr. Latson’s allocation of blame to the parent and pointing out a “false statement” also sowed discontent among the faculty and staff, directed towards the District. Because Dr. Latson’s email stating the reasons for his reassignment were the April 2018 emails and, what he considered to be, a false statement from a parent, the faculty and staff felt that the District did not support the staff. Prior to learning of Dr. Latson’s July 8, 2019, email, the District had not taken any action to terminate him. Dr. Latson believes he was terminated because of outside pressure, to satisfy the not insignificant group of public officials and members of the public who called for his resignation. But those calls were made some time before he was terminated. Despite those calls, the District took Dr. Latson at his word, that he had been misunderstood, that his emails could be worded better, and that he understood the parents’ perception of his views. After the newspaper article of July 5, 2019, was published, when Oswald faced the reaction of the public and public officials, the District stood by Dr. Latson. The article itself contained Oswald’s defense of Dr. Latson, that he had written a poorly worded email. Even after Dr. Latson made no effort to contact Oswald before noon on July 8, 2019, the District did not move to terminate him. He was reassigned. Not until Dr. Latson made clear that he had not been misinterpreted in his “neutrality” statements to the complaining parent and it was clear to the District personnel involved that he was not walking back these statements, did Fennoy conclude that Dr. Latson’s employment was incompatible with the District’s commitment to teach the Holocaust. At some level, Dr. Latson believed that parents who do not want their children to be taught the Holocaust should be allowed to keep their children out of school on that day. He believed that he had a professional obligation to be neutral on matters of historical fact, even as espoused by members of, for example, the Flat Earth Society. Further, he believed that a statute that mandated the teaching of the Holocaust in a way that promoted tolerance required the teacher to be tolerant of those who said the history to be taught was, in fact, not history. Johnson, a long-serving principal, former Palm Beach County school superintendent, and now a consultant to principals, testified that no progressive discipline was imposed on Dr. Latson. Respondent admitted into evidence a document entitled “The Discipline Process, A Guide for Principals and Department Heads.” He testified the manual is still in existence and used by the District. Describing the process, Johnson discussed how, typically, “we start from the bottom and move to the top,” beginning with a verbal reprimand, followed by a written reprimand, then a short-term suspension, followed by a longer-term suspension, and, ultimately, a termination. He noted that there are occasional instances where discipline can go from “zero to one hundred, all the way to termination,” but these must involve “very serious offenses” that “put the District at risk.” He testified that the initial problem here was “an overly zealous parent’s intolerance of Dr. Latson’s tolerance.” He believes that an educator’s role is to be neutral and provide both sides of an issue. “You stick with the facts.” “You present both sides of the story. And you as a teacher or administrator may have to become very neutral, meaning you can’t advocate.” “We are definitely not in a position to proselytize or to indoctrinate young people,” he testified. He did admit that Dr. Latson could have used better language to communicate his thoughts on neutrality and to communicate with faculty and staff via email. Dr. Ben Marlin, another former Palm Beach County school superintendent, concurred with Johnson’s analysis and the appropriateness of exercising progressive discipline in this case. He likened the process to a ladder, with the penalty growing more severe the higher you climb. He testified that he would not have terminated Dr. Latson under the circumstances of this case. He would have resolved the matter through a meeting with a possible verbal reprimand. If the behavior occurred again, he would consider a written reprimand. Subsequent violations would result in more severe penalties. The testimony of the two former superintendents was not challenged or rebutted by Petitioner. No witnesses were called to state that progressive discipline was not applicable to this matter. Fox testified “we have to stay neutral in all of these topics [including the Holocaust] and just explain the facts to the students and guide the information and the discussion.” Fox specifically testified she does not believe Dr. Latson is Anti-Semitic. According to SRHS history teacher, Ms. Rachel Ostrow, the teacher’s role is “to present the facts, to guide the discussion amongst the students. But I lay out the facts from every point of view and then we discuss the content.” Ostrow specifically testified she does not believe Dr. Latson is Anti- Semitic. On July 17, 2019, Dr. Latson received notice that an administrative investigation had been opened by the Department of Employee and Labor Relations related to Ethical Misconduct. An investigative report was authored by Ms. Vicki Evans-Paré on August 23, 2019. On September 26, 2019, Dr. Latson received a copy of the investigative file, including the written investigative report. On October 7, 2019, a predetermination meeting was held to allow Dr. Latson to respond to the allegations, produce any documents that he believed would be supportive of his position, or rebut information in the investigation materials he was provided. He submitted a written response to the potential charges and his representatives, Dr. Thomas E. Elfers and Johnson provided oral presentations. Dr. Latson’s response at the predetermination meeting again compared the Holocaust to a belief, claiming that “constitutional liberty interests are involved: an interest in not being forced to reveal information about personal beliefs and an interest in being forced to make statements about one’s views.” The response preached neutrality in the presentation of “various hot buttons or touchy subjects.” Dr. Latson believed his body of work as an educator should have been taken into account and should not have resulted in a termination of his employment. He had never been disciplined previously by the District or the Educational Practice Commission in 26 years as an educator. He had received a “highly effective evaluation” for each of his eight years as the principal of SRHS, and the highest possible evaluation for 25 of his 26 years as an educator. Under his leadership, Dr. Latson oversaw the raising of SRHS from a “B” to an “A” rating in 2012, which was maintained throughout his tenure as principal. He achieved many successes as principal, such as significantly raising the school’s national academic ranking, being recognized by the District as the highest performing Palm Beach County school in advanced academic studies, and creating a school environment described by teacher Wells as “phenomenal,” and engendering an atmosphere of trust among the teachers, as stated by Fox and Ostrow at hearing. When asked by his counsel at hearing, Dr. Latson unequivocally stated that he is not Anti-Semitic. This statement was unrebutted by Petitioner. On October 11, 2019, however, based upon the information presented to him from the investigation and the predetermination meeting, Fennoy informed Dr. Latson that there was just cause, which can be substantiated by clear and convincing evidence, to warrant his termination from his position as a principal, and that Fennoy would recommend Dr. Latson’s suspension without pay and termination of employment at the October 30, 2019, School Board meeting.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Palm Beach County School Board enter a final order rescinding the suspension and termination of Dr. Latson; awarding him his lost wages for the period beginning with his suspension without pay; and transferring him to a position within the District, as determined by the superintendent, commensurate with his qualifications. DONE AND ENTERED this 13th day of August, 2020, in Tallahassee, Leon County, Florida. S ROBERT S. COHEN 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 13th day of August, 2020. COPIES FURNISHED: Thomas E. Elfers, Esquire Law Office of Thomas Elfers 14036 Southwest 148th Lane Miami, Florida 33186 (eServed) Thomas Martin Gonzalez, Esquire GrayRobinson, P.A. 401 East Jackson Street, Suite 2700 Tampa, Florida 33602 (eServed) Craig J. Freger, Esquire 16247 Northwest 15th Street Pembroke Pines, Florida 33028-1223 (eServed) Matthew Mears, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed) Richard Corcoran Commissioner of Education Department of Education Turlington Building, Suite 1514 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed) Donald E. Fennoy II, Ed.D., Superintendent Palm Beach County School Board 3300 Forest Hill Boulevard, C-316 West Palm Beach, Florida 33406-5869
The Issue Whether the Petitioner committed the violations alleged in the Administrative Complaint dated October 25, 2004, and, if so, the penalty that should be imposed.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing and on the entire record of this proceeding, the following findings of fact are made: The Education Practices Commission ("EPC") of the Department of Education is the state agency with the authority to suspend or revoke the teaching certificate of any person holding such a certificate in the State of Florida. § 1012.795(1), Fla. Stat. The Commissioner of Education is the state official responsible for making a determination of probable cause that a teacher has committed statutory or rule violations based on the investigation conducted by the Department of Education. § 1012.796, Fla. Stat. Mr. Mitchell holds Florida Educator's Certificate No. 715339. At the times material to this proceeding, Mr. Mitchell was employed as a teacher by the Palm Beach County School Board.3 T.P. was born on March 19, 1984, and she was a student at Palm Beach Lakes High School in January 2000. T.P. met Mr. Mitchell in January 2000. At the time, Mr. Mitchell was 29 years old and was a teacher at J.F.K. Middle School. T.P. withdrew from school in June 2000. Mr. Mitchell and T.P. applied for a marriage license on July 28, 2000, and were married on September 25, 2000. On May 29, 2001, T.P. gave birth to a son, who was Mr. Mitchell's child.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission enter a final order dismissing all charges against Michael Mitchell. DONE AND ENTERED this 1st day of June, 2007, in Tallahassee, Leon County, Florida. S PATRICIA M. HART 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 1st day of June, 2007.
Findings Of Fact Respondent holds Florida teaching certificate number 380391, Post Graduate, Rank II, valid through June 30, 1986, covering the areas of math and junior college. Respondent was employed in the public schools of Palm Beach County as a math teacher at Lake Shore Middle School for the 1979-1980 school year. During the first few weeks of school, Respondent summoned her students into the classroom by shouting an obscenity at them and staged a funeral ceremony for a dead rat in her math class. Students reported these incidents to the principal and to the assistant principal for administration at Lake Shore Middle School. Respondent told another teacher in her carpool that she had found herself in the emergency room of a hospital and did not know how she had gotten there or why she was there. She further admitted being under the care of a psychiatrist. On October 12, 1979, Respondent was seen outside chasing students in an attempt to get them into her classroom, including students that did not belong there. Later, Assistant Principal Davis took Respondent out of her classroom and sent her to the teachers' lounge since she was unable to maintain control over her students in the classroom. Respondent later became subject to alternating outbursts of laughing and crying, without apparent reason. Respondent was driven home by the members of her carpool. Respondent did not return to Lake Shore Middle School. She was absent without leave from October 13, 1979, until her written resignation was accepted by the Palm Beach County School Board on December 3, 1979. On June 18, 1979, Respondent was arrested for possession of marijuana. She elected to participate in the Palm Beach County Pre-Trial Intervention Program. On November 8, 1979, Respondent was again arrested for possession of marijuana. Respondent was not prosecuted pursuant to the first arrest because of her participation and completion of the Pre-Trial Intervention Program. The record in this cause contains no evidence as to the disposition of Respondent's second arrest. The Petition for the Revocation of Teacher's Certificate dated July 29, 1980, was mailed by certified mail to Respondent at her last-known address. This and all subsequent mailings to her at her last-known address were returned marked "Unclaimed." Notice of Action was published in The Post, a Palm Beach County newspaper. Respondent's present whereabouts is unknown to each of the Petitioner's witnesses.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is, therefore, RECOMMENDED THAT: A final order be entered revoking the teaching certificate of Henrietta Forbes, certificate number 380391. RECOMMENDED this 16th day of April, 1982, in Tallahassee, Florida. LINDA M. RIGOT Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 16th day of April, 1982. COPIES FURNISHED: Thomas F. Woods, Esquire Woods, Johnston, Carlson & Sanford 1030 East Lafayette Street Suite 112 Tallahassee, Florida 32301 Mr. Donald L. Griesheimer Executive Director Education Practices Commission 125 Knott Building Tallahassee, Florida 32301 Ms. Henrietta Forbes 1812 "B" Road Loxahatchee, Florida 33470
The Issue Whether just cause exists to suspend and terminate the employment of Respondent, a teacher, for the reasons set forth in the Administrative Complaint.
Findings Of Fact The Parties The Board is the constitutional entity authorized to operate, control, and supervise the District. Pursuant to Article IX, section 4(b) of the Florida Constitution, and section 1001.32, Florida Statutes, the District has the authority to discipline employees pursuant to section 1012.22(1)(f), Florida Statutes. Respondent began his employment with the District in November 2014. Respondent was employed as a math teacher for grades 9 through 12 at PBLHS until December 12, 2018, which was his last day in a classroom. Respondent is an experienced teacher who was trained on the proper method of interacting with students, exercising best professional judgment, and following policies, rules, and directives. Respondent completed the orientation process for new employees of the District three times. Respondent signed the District’s Code of Ethics each of the three times he received it and was aware it governed his behavior as an employee of the District. Circumstances Giving Rise to Respondent’s Discipline Respondent met former student, S.E., in Haiti in 2015 when she was approximately 15 years old. S.E. and Respondent worked on a political campaign together. While in Haiti, Respondent became friendly with S.E. and her family. Respondent was aware that S.E. was planning to come to the United States to attend high school. In 2018, while S.E. was an 11th grade student at PBLHS, Respondent was a teacher at the same school. Respondent exchanged phone numbers with S.E. so they could communicate outside of school hours. Respondent and S.E. frequently communicated outside of school hours between 5 p.m. and 11 p.m. by telephone and text messages in Haitian-Creole because S.E. did not speak English. According to Respondent, these conversations were primarily personal, as they had “all kind of conversation from family matter[s], from life, from a sexual content, from – you know, everything. Everything like two normal people. Any conversation that two normal people would take. It was about everything.” On or about December 3, 2018, a student reported to school staff at PBLHS that Respondent sent S.E. an inappropriate text stating, “send me a picture in your underwear.” Respondent allegedly also asked S.E. to go to a hotel with him. Detective Eulises Munoz was called to PBLHS to conduct an investigation regarding Respondent. As a part of Detective Munoz’s investigation, he conducted an audio recorded interview with S.E., with the assistance of an interpreter. As part of the investigation, Detective Munoz had the text messages between S.E. and Respondent extracted from S.E.’s phone and transcribed from Haitian-Creole to English. S.E.’s cell phone call log report revealed 48 calls and 94 messages between S.E. and Respondent between October 26, 2018, and December 4, 2018. Respondent admitted to asking S.E. on November 27, 2018, at 8:04 p.m., for “your picture while you are wearing only your underwear.” S.E. refused but instead sent a picture of herself clothed. Respondent told S.E. that she was “mistreating” him because she would not send a naked picture of herself to him. At the final hearing, Respondent admitted that he was aware that it was against Board policy to have asked S.E. for a photograph of her in her underwear while she was a student at PBLHS and he was a teacher at the same school. The investigation also revealed that on December 4, 2018, Respondent told S.E. that she was having headaches because she was not having sex and then sent her an article regarding stress headaches being relieved by sex. Respondent denied asking S.E. to meet him at a hotel. Disciplinary Action After Detective Munoz completed his investigation into the text conversations between Respondent and S.E., he drafted a criminal Probable Cause Affidavit, which was ultimately forwarded to Human Resource Manager Brenda Johnson for further investigation. Ms. Johnson provided Respondent with a letter acknowledging opening an investigative file based on inappropriate interactions with a student. As of December 18, 2018, Respondent was removed from the classroom and directed to have no further contact with students. He was instead assigned to a District warehouse. Respondent was provided with a Pre-Determination Meeting (“PDM”) Notice dated March 9, 2020, signed by Vicki Evans-Pare, Director of Employee & Labor Relations, explaining to him that the investigation was concerning the allegations levied against him and that a meeting was needed to discuss the findings. Prior to the PDM, Respondent was provided with the PDM Notice, as well as a copy of the investigative file. Respondent’s PDM was held on March 13, 2020, at which time he was given the opportunity to provide a response to the allegations against him. After the PDM was completed, Ms. Johnson typed up the notes and summary from the PDM, which were provided to Respondent who was given three business days to review the documents and make any edits or revisions he felt were warranted and add any additional information relative to the investigation. Respondent did not make any changes to the PDM Summary or Notes. After Respondent’s PDM, Ms. Evans-Pare decided to have the investigative file reviewed by the Employee Investigative Committee (EIC), which found the following allegations were substantiated: Soliciting an Inappropriate Relationship with a Student; Ethical Misconduct; Failure to Exercise Best Professional Judgment; and Failure to Follow Policy, Rule, or Directive. The EIC recommendation was that Respondent’s employment be terminated despite Respondent not having any prior discipline history. The EIC proposed skipping the Progressive Discipline steps (verbal reprimand with written notation, written reprimand, and suspension) because Respondent’s inappropriate interactions with the student, his admission that he had the text conversations with the student, and his request to the student for a picture of her in her underwear posed a direct threat to the District and the student. On May 21, 2020, Respondent was notified that Dr. Donald Fennoy, II, the District Superintendent, would recommend Respondent’s termination to the Board at its June 17, 2020, meeting. Termination was the same disciplinary action that was taken against other employees who engaged in the same or similar conduct. Respondent acknowledged that “[a]lmost everybody” at PBLHS found out about the text conversations between Respondent and S.E. Respondent knew that his co-workers knew about the text conversations because people were calling him and asking him about it. Respondent’s co-workers lost confidence in him as a teacher after they learned about the text conversations between him and S.E. Respondent was also aware that S.E.’s guardians lost confidence in him as a teacher as a result of the sexual text conversations he had with S.E. Respondent acknowledged during the final hearing that his conduct was inappropriate and in violation of the Board’s policies. Respondent only contests the level of discipline (termination) as too harsh. He argued that the Board skipped intervening steps of the progressive discipline policy and claimed that his level of discipline was a result of his complaining that he was not physically capable of the work to which he was assigned in the warehouse.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Palm Beach County School Board uphold the suspension and termination of Respondent’s employment. DONE AND ENTERED this 8th day of March, 2021, in Tallahassee, Leon County, Florida. S MARY LI CREASY Administrative Law Judge 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 8th day of March, 2021. COPIES FURNISHED: V. Danielle Williams, Esquire Palm Beach County School Board Office of the General Counsel 3300 Forest Hill Boulevard, Suite C-331 West Palm Beach, Florida 33406 Jean Marie Middleton, Esquire Palm Beach County School Board Office of the General Counsel 3300 Forest Hill Boulevard, Suite C-331 West Palm Beach, Florida 33406 Richard Corcoran Commissioner of Education Department of Education Turlington Building, Suite 1514 325 West Gaines Street Tallahassee, Florida 32399-0400 Donald E. Fennoy, II, Ed.D. Superintendent Palm Beach County School Board 3300 Forest Hill Boulevard, Suite C-316 West Palm Beach, Florida 33406-5869 Jhonny Felix 5938 Ithaca Circle West Lake Worth, Florida 33463 Matthew Mears, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400
The Issue Whether the Petitioner committed the violations alleged in the Respondent's Petition dated June 11, 2008, and, if so, the penalty that should be imposed.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing and on the entire record of this proceeding, the following findings of fact are made: The School Board is a duly-constituted school board charged with the duties of operating, controlling, and supervising all free public schools within the School District of Palm Beach County, Florida. Art. IX, § 4(b), Fla. Const; § 1001.32, Fla. Stat. (2008).1 Specifically, the School Board has the authority to discipline employees. § 1012.22(1)(f), Fla. Stat. Ms. Scott has been employed as a teacher with the School Board since 1986. She is a member of the Palm Beach County Classroom Teachers Association and is subject to the terms of the Collective Bargaining Agreement Between the School District of Palm Beach County, Florida, and the Palm Beach County Classroom Teachers Association ("Collective Bargaining Agreement"). At the times material to this proceeding, Ms. Scott taught business classes at Palm Beach Central High School ("Palm Beach Central"). In 2006, Ms. Scott was charged with shutting a student into a windowless, unventilated closet and leaving him there "for a time estimated to be between ten (10) minutes by you and fifty (50) minutes by the student and other witnesses."2 The superintendent of schools recommended to the School Board that Ms. Scott be suspended without pay and her employment terminated. The termination was subsequently rescinded, and Ms. Scott's discipline for this incident was reduced to a 38-day suspension without pay. During fourth period on February 1, 2008, Ms. Scott was teaching a course in computing for colleges and careers. While she was taking attendance, several students were causing their computers to "beep." As a result, Ms. Scott sent a few students outside the classroom, into the hallway. She sent another student to the storage room that connected her classroom to the classroom next to hers and told the student to step inside and shut the door. The student was a male who was 17 years of age at the time of the final hearing. The storage room was approximately 10 feet wide and 15 feel long. The student remained in the storage room for approximately 10 minutes, during which time the lights in the storage room were off. The storage room had two doors, neither of which had windows, and Ms. Scott could not see the student while he was in the storage room. After approximately 10 minutes, Ms. Scott opened the storage room door and told the student he could leave the storage room.3 The student did not consider his being sent into the dark storage room a "big deal," and he did not report the incident to his parents, to another teacher, or to the school administration.4 On February 15, 2008, a student reported the incident to a teacher, who reported it to an assistant principal, who reported it to another assistant principal, who reported it to the principal, Burley Mondy. Mr. Mondy reported the matter to the School Board police and requested that a formal investigation be initiated. Mr. Mondy also removed Ms. Scott from the Palm Beach Central campus on February 15, 2008, and she was given an alternate assignment in the Palm Beach County School District's office. After the investigation was completed, the matter was subject to an administrative review; a pre-disciplinary meeting was held with Ms. Scott in attendance; and the matter was reviewed by the School Board's Employee Investigation Committee. Based upon the recommendation of the Employee Investigation Committee, the superintendent of schools recommended to the School Board that Ms. Scott be suspended without pay and that proceedings be initiated to terminate her employment. The School Board approved this recommendation at its June 4, 2008, meeting. The evidence presented by the School Board is sufficient to establish that, by sending a student into a dark storage room for approximately 10 minutes, Ms. Scott exercised extremely poor professional judgment and that her actions posed a potential risk to the student's physical and mental health and safety. The School Board failed to present any evidence to establish that Ms. Scott's sending several students into the hall during class constituted poor professional judgment or posed a potential risk to the students' physical and mental health and safety. The School Board also failed to present any evidence to establish that Ms. Scott's effectiveness in the school system was impaired by the incident at issue, and it is not reasonable to infer from Ms. Scott's conduct that her effectiveness was impaired.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Palm Beach County School Board enter a final order dismissing the Petition filed against Rutha Scott, immediately reinstating her, and awarding her back pay for the period of her suspension, as provided in Section 1012.33(6)(a), Florida Statutes. DONE AND ENTERED this 16th day of February, 2009, in Tallahassee, Leon County, Florida. PATRICIA M. HART 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 16th day of February, 2009.
