The Issue This is a case in which the Petitioner seeks to suspend and terminate the Respondent's employment on the basis of allegations of misconduct set forth in a Notice of Specific Charges. The allegations of misconduct charge the Respondent with immorality, misconduct in office, incompetency, and conviction of a crime involving moral turpitude.
Findings Of Fact At all times material to this proceeding, the Respondent, Wilfredo D. Rivera-Carde, was employed by the School Board of Dade County pursuant to a professional service contract as a JROTC Instructor assigned to Miami Jackson Senior High School. During the course of his employment as a JROTC Instructor, the Respondent's students in the JROTC program included the following: T. F., S. G., I. R., E. P., and B. V. Of these, all but B. V. were females. At all times material hereto, the JROTC Instructors had their offices in a large room that was divided by large cabinets and other furniture into two offices. The back office was the Respondent's office. The back office was accessible via a passage way from the larger office occupied by the other two JROTC Instructors. The passage way was formed by tall cabinets on both sides. During the 1992-93 school year, I. R., who was at that time a female student enrolled in the JROTC program, was one of the JROTC clerks. In her capacity as clerk she was required to perform clerical duties in the Respondent's office on a frequent basis. When I. R. was performing those clerical duties, often the only other person in the back office was the Respondent. At all times material hereto, the School Board's employee conduct rule was in effect at Miami Jackson Senior High School. The rule provides that teachers must maintain a proper relationship with all of their students and prohibits inappropriate touching of students by teachers. The employee conduct rule is incorporated in the teacher handbook, a copy of which is provided to each teacher each year. Moreover, it is the practice of the Principal at Miami Jackson Senior High School to review the employee conduct rule with all teachers during orientation at the beginning of each school year and at faculty meetings throughout the year. During the course of the Petitioner's investigation of this matter, the Petitioner provided the information it had gathered to police authorities. In March of 1993 the Respondent was arrested on criminal charges filed by female students, T. F. and I. R. The criminal charges against the Respondent have since been dismissed by the Office of the State Attorney. For the reasons mentioned in the Preliminary Statement, in the Endnotes, and in the Appendix, the evidence in this case is insufficient to prove any of the allegations of misconduct set forth in the Notice of Specific Charges.
Recommendation On the basis of all of the foregoing, it is RECOMMENDED that the Dade County School Board issue a Final Order in this case dismissing all charges against the Respondent. DONE AND ENTERED this 5th day of October, 1994, at Tallahassee, Leon County, Florida. MICHAEL M. PARRISH Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 5th day of October, 1994.
The Issue The issue in this case is whether the district school board has just cause to dismiss the Respondent from employment, pursuant to section 1012.33(1)(a), Florida Statutes.
Findings Of Fact Petitioner first hired Respondent in January 1990 as a substitute teacher. In 1992, Petitioner changed Respondent's status to a permanent teacher. Respondent began teaching at Miami Coral Park Senior High School in January 1996, but left from 2000 to 2004 to teach in Collier County. Upon return to Petitioner's school system for the 2004-05 school year, Respondent was assigned to a different high school, but later transferred to Coral Park when this school needed a basketball coach. In addition to coaching basketball during the 2008-09 school year, Respondent co-taught a math class. One of Respondent's math students was J. V., who was born on April 10, 1991. She started attending Coral Park Senior High School mid-way through her sophomore year in 2008 after moving to Miami in August 2007. She turned 18 in the spring of her junior year and graduated from Coral Park on June 10, 2010. After graduating, J. V. enrolled in a local community college and published a novel that is sold by Barnes & Noble bookstores. During the 2008-09 school year, J. V.'s contact with Respondent involved typical student-teacher interactions in the classroom, hallways, and other school settings. They had exchanged cell phone numbers and spoke on the phone once or twice per month and texted each other with the same frequency. The record does not describe the nature of these communications, but the record fails to suggest any impropriety in the relationship during J. V.'s junior year. During the 2009-10 school year, J. V. was not assigned to any of Respondent's classes, but she began to visit him in his classroom in the morning before school started. The frequency of these visits varied from zero to three times per week. During these visits, J. V. and Respondent talked about her family, her social life, and some of her medical issues, including the fact that she was being treated for depression. J. V. also told Respondent that she might have ovarian cancer, although she later learned that she merely had a cyst. While attending Coral Park, J. V. was living with her aunt, who had become her legal guardian. J. V.'s relationship with her aunt was strained at times. J. V.'s mother was living in the Dominican Republic, and her father, with whom her mother did not wish her to live, resided in New York. During the 2009-10 school year, J. V. and Respondent exchanged numerous cell phone calls and texts, at nearly all hours of the day and night. Although J. V. initiated most of the calls and texts and Respondent did not respond to all of her calls and texts, Respondent never asked her to stop calling and texting him. Their relationship intensified in October or November of J. V.'s senior year. J. V. has testified that she and Respondent had sexual intercourse. Respondent testified that they did not. Neither witness is a model of veracity. J. V. embellished her story with dates that did not occur and was not perfectly clear in her recollection of the details of Respondent's condominium and tattoo. As noted below, Respondent repeatedly encouraged J. V. not to testify, to avoid being served with a subpoena, and, if served, to ignore the subpoena. Regardless whether sexual intercourse took place, the relationship between J. V. and Respondent, by the end of 2009, became excessively intimate for what is appropriate between a teacher and a student and included some form of sexual activity. A series of texts from Respondent to J. V. in late March or early April 2010 reveal the intimacy that had arisen between them: "I wanted 2 jump u," "2 many eyes!," "Muah," "Im in da gym if u can pass by," "It would have been hard," and “I'l b here." The time devoted to remote communications between Respondent and J. V. provides some basis for assessing the nature of their relationship: from October 2009 through November 2010, Respondent and J. V. exchanged over 1600 texts and consumed over ten hours in phone conversations. Without success, Respondent tried to explain the more incriminating of the texts sent in March or April 2010 from his cell phone. Respondent testified that these texts were sent by an unauthorized user of his phone, probably a member of his basketball team. It is difficult to understand why a player would risk the wrath of his coach, but the absence of any response from J. V.--either to the principal or Respondent-- following receipt of the first of these texts suggests that the relationship of Respondent and J. V. had already involved some form of sexual contact. One also finds indirect proof of an intimate relationship in the conduct of Respondent following Petitioner's decision to initiate dismissal proceedings against him. To credit Respondent's version of events, for the sake of discussion, he was confronted by a student's accusations of sexual intimacy that were a total fabrication. His response was to encourage her to engage in more dishonesty, rather than merely to tell the truth. Even if Respondent's version of events concerning the lack of intimacy were credited--and it is not--his subsequent conduct, as amply documented by numerous texts discussed in detail below, constitutes a startling lack of honesty in professional dealings and disregard for the mental health of a former student. Shortly after receiving an allegation that Respondent was engaged in a sexual relationship with J. V., on April 9, 2010, Petitioner removed Respondent from Coral Park and placed him on alternative assignment in a district office. By letter dated April 9, 2010, Petitioner advised Respondent of the nature of the charges, including the initials of the student, and ordered Respondent not to have any contact with the complainant or witnesses with an intent to interfere with the investigation. On April 10, 2010, Respondent and J. V. met at a club known as Mama Juana's; according to both of them, the meeting was by chance and little was said. However, ignoring the directive not to speak with witnesses, Respondent told J. V. that he was being investigated for having a relationship with her and showed her a letter from Petitioner that, supposedly, Respondent happened to have with him at the time of this chance meeting. There is insufficient evidence to find that Respondent and J. V. are lying about the circumstances leading up to the meeting or what was said during it. By letter dated June 4, 2010, which was delivered to Respondent during a conference-for-the-record held on that date, Petitioner again ordered Respondent not to contact any of the parties involved in the investigation. By letter dated August 25, 2010, Petitioner advised Respondent that the Superintendent would be recommending to the School Board, during its meeting of September 7, 2010, that it suspend Respondent without pay and initiate dismissal proceedings against him. By letter dated September 8, 2010, Petitioner advised Respondent that the School Board had taken these actions. Upon receipt of the September 8 letter, Respondent testified that he resumed communicating with J. V. who, by this time, had graduated from high school. In fact, Respondent had received a call from J. V. on September 5 and had spoken with her for 70 minutes until nearly midnight that night. On October 5, J. V. again called him, and they talked for 41 minutes. Other lengthy calls--each about 15 minutes--were initiated by J. V. on October 16, 2010, and January 6, 2011. However, there were few, if any, communications between Respondent and J. V. for five months following their meeting at Mama Juana's on April 10. On September 11, 2010, Respondent texted J. V.: "I got suspended w/o pay. Basically fired!" J. V. replied, "Whoa! Wait, now what?! Hon?" After a couple of more exchanges, in which Respondent stated that he would have to go to trial, J. V. asked, "Is there anything that I can actually do to help you out?" Respondent's reply: "Of course. No matter what happens dont show up if they talk 2 u. Not even if they suebpena [sic] u. They cant do anything if [sic] 2 u dont go." J. V. replied, "Anything there is to do, I suppose, i'll do to help you out. I dont want you to stay in this mess. . . . I still care about you tons, I just wanted you to know that :p." This is a remarkable exchange of texts. Respondent baldly asked J. V. to ignore a subpoena. J. V. scrupulously conditioned her willingness to help with "I suppose." Here, Respondent was asking J. V. to behave dishonorably, and J. V., his former student, displayed some misgivings, as she apparently was wrestling with her loyalty to Respondent and her desire to behave honorably. This is a repulsive perversion of the role of the educator. Although J. V. was no longer a student in Respondent's school, Respondent was still a member of the education profession, and, in his dealings with J. V. and Petitioner, he was continuing to deal with a matter that involved the discharge of his professional duties. On September 18, 2010, Respondent initiated another series of texts, but these involved unremarkable matters, such as how J. V. liked college and a job that she had recently started. On September 24, 2010, J. V. initiated a series of texts with "Hello lost :p." Respondent answered, "Hey, me? Cabrona since now u have a bf [boyfriend] u dont have time 4 me!" When J. V. texted that she was "not afraid of the dark, im just afraid of staying alone, period," Respondent responded, "I m not offering any services any more." Respondent testified that he was referring to math services, but, given the circumstances, this explanation is impossible to credit. On the other hand, the services were as likely those of a trusted counselor as of a sexual partner. The text of J. V., however, displays the vulnerability of Respondent's former student, even though nearly one year had passed since the intensification of their relationship to inappropriate levels. The next day, Respondent renewed the texting exchange. J. V. texted that a certain singer "literally places you in my head." Respondent answered, "Thats a good place 2 b. I thought u didnt anymore." J. V. declaimed that she thinks too much, and Respondent answered, "Then why havent u let me c u [see you]?" J. V. replied, "Because i know that is all I am gonna be allowed to do, just see you. And I don't know if that's okay with you." Respondent responded, "It be nice 2 cu though. Even 4 a short while." J. V. agreed, and Respondent replied, "Since now u r da complicated 1 u let me know when." J. V. promised she would and quickly asked what Respondent was up to. Respondent texted, "Let me know if they try 2 get in cotact [sic] w/u? They should b setting a date 4 da hearing soon." Injecting the same element of doubt that she had raised when she offered, on September 11, to help Respondent, J. V. texted, "I seriously doubt that [they will get in contact with me]. But i'll let you know in case they do, i suppose (emphasis supplied)." These texts lend support to the finding that the relationship between Respondent and J. V. was inappropriately intimate during her senior year. It appears that one of them broke if off, possibly over the objection of the other. J. V.'s second use of "I suppose" revealed again her ambivalence about the situation in which Respondent had placed her in asking her not to cooperate with Petitioner's prosecution of its case against him. As J. V. continued to wrestle with her loyalty toward Respondent and unwillingness to behave dishonorably, Respondent steadfastly toyed with her emotions, such as by saying that it felt good to be in her thoughts, and he did not think she thought of him anymore. The next day, after midnight, Respondent renewed the text exchange again by texting, "143." He explained that this was beeper code for "i love you." J. V. replied with a beeper code consisting of the less-intense message, "thinking of you." Except for a congratulatory text, probably for the publication of J. V.'s novel, the next text exchange took place on October 13, 2010, in which J. V. apologized for calling so late, but wanted to know if Respondent could meet her the following night. They agreed to meet instead after lunch on the following day. The following day, they agreed to postpone the meeting until the following week. On October 15, 2010, the Administrative Law Judge issued a Notice of Hearing, setting the final hearing for January 26, 2011. As noted above, a lengthy telephone conversation between Respondent and J. V. took place the next day. On October 26, 2010, Respondent texted J. V.: "My lawyer friend said that 4 da subpoena they have 2 give it in ur hand. So if y dont answer the door if they show up, they cant leave it there. Nd if someone asks y if y r [J. V.] simply say no." As they exchanged texts about a basketball game that was being played, J. V. texted that she preferred baseball, and Respondent replied, "Bat nd balls huh?" J. V. answered "Lol [laughing out loud] :p silly!" She accused him, in Spanish, of a bad thought, and Respondent disingenuously asked, "What did i say?" Then he texted, "Lol." This series of texts represent a remarkable confluence of Respondent's inducing J. V. to dishonesty and engaging in sexual teasing. The remark about a bat and ball was a reference to male genitalia. Surprisingly, Respondent did not deny the sexual connotation of this text, but somehow tried to dismiss it merely as a joking "sexual innuendo." The freedom that Respondent felt to engage in sexual innuendo with a former student betrayed the inappropriate intimacy of the relationship that they once shared--while she was still a student. J. V. initiated a text exchange of Halloween greetings on October 31. On November 8, 2010, J. V. initiated another text exchange by asking how Respondent was doing. He asked how school, work, and her boyfriend were. J. V. typed that all were fine, and Respondent replied, "I m happy 4 u!" However, J. V. texted that there "are certain things that i have to deal with." Respondent texted her to call him. On November 17, 2010, Respondent initiated another text exchange in which he again asked about work, school, and her boyfriend. J. V. replied that all was fine, but her father was in the hospital. The next day, J. V. texted Respondent: "I really have to speak to you but i'll do it after i get out of class:( im so sorry." When Respondent texted her to explain, J. V. responded, "Because im really placed against the wall." Respondent answered: "What do u mean. I m the 1 that has lost everything. Nothing could happen 2 u if u say nothing happened! What r u thinking about doing? Destroying my [rest of message lost]." J. V. replied, "Omg [Oh, my God]! Screw you for saying that as if you'd know me that little to ever think that's something i'd consider doing to you!" She added, "I'll call you once i get home, at 9." Respondent added that he was watching a football game in a bar and "This is killme though. Please let me know!" J. V. responded that, when Respondent had some time to call, he should do so. With this text of apology, J. V. was informing Respondent that she had resolved the dilemma in which Respondent had placed her, and she had decided to tell the truth, rather than behave dishonorably. Casting his professional obligations aside, Respondent tried to dissuade her from telling the truth by turning the focus to himself and his need for her to lie and cover up. Obviously, Respondent's plea for J. V. to say that nothing happened implies that something happened. And the something had to be substantial--i.e., sexual contact, rather than merely excessive texting between a teacher and student--for Respondent to have felt the need to have J. V. conceal the truth. The next day, Respondent initiated a text exchange by stating: "Sorry 4 my reaction but please put urself in my shoes 4 da past 7 mos. I've lost everything that i valued nr u r worried about ur fam finding out. Idk wh [sic]." J. V. did not respond to this text. Obviously, this text was not an apology for asking J. V. to behave dishonorably. Instead, Respondent asked J. V. to identify with his situation. He was sorry merely for having lost his composure and possibly alienating J. V. On November 26, 2010, J. V. initiated a text exchange about holiday shopping. The next day, evidently in response to a telephone call, Respondent texted: "I cant get mad at u. I m just scared out of my mind about what the outcome could be! Thank you 4 assuring me." Three days later, Respondent texted birthday wishes to J. V. On November 30, 2010, J. V. suggested that they get together and have lunch "one of these days." Respondent agreed, but no date was set. On December 1, 2010, J. V. texted Respondent, as well as a number of others, that her book was available for purchase, and he texted congratulations. On December 14, 2010, J. V. texted a friend: "I'm alright most of the times lol. Having a bf has helped me a lot. I'm not alone anymore missing the teacher :(" What this text lacks in detail it makes up for in candor. It is the most direct evidence of the emotionally vulnerable condition of J. V. immediately after Respondent insisted that they stopped seeing each other in April 2010. J. V. initiated the next text exchange on January 4, 2011, when she sent new year's greetings to Respondent. When she asked how he was doing, Respondent replied, "I m ok but getting very anxious over the hearing coming up soon!!" J. V. texted that no one had been in touch with her, but Respondent assured her that she would get something soon. He asked her, "Do you have any idea what you are going to do for the hearing?" J. V. answered, "I'm not gonna do anything." Respondent replied, "We'll talk before then." On January 5, J. V. called or texted Respondent, who replied for her to call him that night. She texted that she would, and he responded, evidently in reference to a phone message, "What are you fuzzy about?" J. V. answered: "The lawyer that always calls from the school board called me not too long ago, that's all." When it became apparent that J. V. could talk then on the phone, the texts ended, evidently so Respondent and J. V. could talk on the phone. As noted above, a lengthy telephone conversation took place between Respondent and J. V. the next day. Sometime during January 2011, J. V. and Respondent spoke by telephone, and Respondent warned her that the authorities would be able to retrieve her text messages. One may safely infer that Respondent was unaware previously of the availability of such data or the ability of Petitioner to supplement its pleadings to add as grounds for dismissal acts and omissions taking place after the initiation of the case against him.
Recommendation It is RECOMMENDED that the School Board enter a final order dismissing Respondent from employment on the ground of misconduct in office. DONE AND ENTERED this 3rd day of August, 2011, in Tallahassee, Leon County, Florida. S ROBERT E. MEALE 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 3rd day of August, 2011. COPIES FURNISHED: Gerard Robinson, Commissioner Department of Education Turlington Building, Suite 1514 325 West Gaines Street Tallahassee, Florida 32399-0400 Lois Tepper, Interim General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 Lynn Abbott, Agency Clerk Department of Education Turlington Building, Suite 1514 325 West Gaines Street Tallahassee, Florida 32399-0400 Christopher La Piano, Esquire School Board Attorney’s Office School Board of Miami-Dade County 1450 Northeast Second Avenue, Suite 430 Miami, Florida 33132 Teri Guttman Valdes, Esquire 1501 Venera Avenue, Suite 300 Coral Gables, Florida 33146
The Issue The issues in this case are (1) whether an education paraprofessional made salacious and vulgar comments to a female student and, if so, (2) whether such conduct gives the district school board just cause to suspend this member of its instructional staff for 30 workdays, without pay.
Findings Of Fact At all times relevant to this case, Respondent Alfredo Regueira ("Regueira") was an employee of Petitioner Miami-Dade County School Board ("School Board"), for which he worked full time as a physical education paraprofessional. At the time of the events giving rise to this proceeding, Regueira was assigned to Miami Senior High School ("Miami High"), where he led exercise and fitness classes in the gymnasium. As of the final hearing, A. M., aged 17, was a senior at Miami High. She had met Regueira in the spring of her sophomore year at the school, in 2005, outside the gym. Thereafter, although never a student of Regueira's, A. M. would chat with "Fred"——as she (and other students) called him——about once or twice per week, on the gymnasium steps, during school hours. As a result of these encounters, A. M. and Regueira developed a friendly relationship. At some point, their relationship became closer than it prudently should have, moving from merely friendly to (the undersigned infers) nearly flirty. A. M. gave Regueira a picture of herself inscribed on the back with an affectionate note addressed to "the prettiest teacher" at Miami High. Regueira, in turn, spoke to A. M. about sexual matters, disclosing "what he did with women" and admitting a proclivity for lesbians. Notwithstanding this flirtatious banter, there is no allegation (nor any evidence) that the relationship between Regueira and A. M. was ever physically or emotionally intimate. As time passed, however, it became increasingly indiscreet and (for Regueira at least) dangerous. At around eight o'clock one morning in late February or early March 2006, A. M. and her friend E. S. went to the gym to buy snacks, which were sold there. Regueira approached the pair and, within earshot of E. S., made some suggestive comments to A. M., inviting her to get into his car for a trip to the beach. Later, when E. S. was farther away, Regueira spoke to A. M. alone, using vulgar language to communicate his desire to have sexual relations with her. In A. M.'s words, "Mr. Fred me dijo en English 'I want to fuck you.'" (Mr. Fred told me in English "I want to fuck you.")1 At lunch that day, while conversing with E. S., A. M. repeated Regueira's coarse comment. A. M. did not, however, report the incident contemporaneously either to her parents, being unsure about how they would react, or to anyone else in authority, for fear that she would be disbelieved. After the incident, A. M. stopped going to the gym because she was afraid and embarrassed. A few weeks later, A. M. disclosed to her homeroom teacher, whom she trusted, what Regueira had said to her. The teacher promptly reported the incident to an assistant principal, triggering an investigation that led ultimately to the School Board's decision to suspend Regueira. Thus had the candle singed the moth.2 That this incident has diminished Regueira's effectiveness in the school system is manifest from a revealing sentence that Regueira himself wrote, in his proposed recommended order: "Since this situation has been made public[,] . . . my peers have lost all respect for me." An employee who no longer commands any respect from his colleagues is unlikely to be as effective as he once was, when his peers held him in higher regard. Ultimate Factual Determinations Regueira's sexually inappropriate comments to A. M. violated several rules and policies that establish standards of conduct for teachers and other instructional personnel, namely, Florida Administrative Code Rule 6B-1.006(3)(e)(prohibiting intentional exposure of student to unnecessary embarrassment or disparagement), Rule 6B-1.006(3)(g)(forbidding sexual harassment of student), Rule 6B-1.006(3)(h)(disallowing the exploitation of a student relationship for personal advantage), School Board Rule 6Gx13-4A-1.21 (banning unseemly conduct); and Board Rule 6Gx13-4-1.09 (proscribing unacceptable relationships or communications with students). Regueira's misconduct, which violated several principles of professional conduct as noted above, also violated Florida Administrative Code Rule 6B-1.001(3)(employee shall strive to achieve and sustain the highest degree of ethical conduct). This ethics code violation, it should be mentioned, is secondary to the previously described misdeeds, inasmuch as sexually inappropriate behavior in the presence of, or directed toward, a student necessarily demonstrates a failure to sustain the "highest degree of ethical conduct." Regueira's violations of the ethics code and the principles of professional conduct were serious and caused his effectiveness in the school system to be impaired. In this regard, Regueira's admission that his colleagues have lost all respect for him was powerful proof that, after the incident, he could no longer be as effective as he previously had been. Based on the above findings, it is determined that Regueira is guilty of the offense of misconduct in office.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board enter a final order suspending Regueira from his duties as a physical education paraprofessional for a period of 30 workdays. DONE AND ENTERED this 11th day of April, 2007, in Tallahassee, Leon County, Florida. S JOHN G. VAN LANINGHAM 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 11th day of April, 2007.
Findings Of Fact Respondent, Michael B. Smith (Smith), has been continuously employed as a teacher by Petitioner, School Board of Dade County (School Board) since 1977. During the 1985-86 school year, Smith was employed under a continuing contract as a work experience teacher at Miami Norland Senior High School. The Assault and Loan Among the students in Smith's second period work experience class was Colleen Ann Dougherty (Colleen); a 15 year old female and 10th grade student. Colleen had been a student of Smith's since September 1985, and they enjoyed a good student- teacher relationship until the events which gave rise to these proceedings. 1/ On February 10, 1986, Smith asked Colleen to remain after class. Once the other students had left the classroom, and Colleen and he were alone, Smith engaged Colleen in a brief conversation concerning the progress of her outside employment. Gauging the conversation at an end, Colleen picked up her purse and book bag preparatory to moving to her next class, but was distracted when Smith asked her what was in her purse. As Colleen looked into her purse, which was hanging from her right shoulder, Smith placed his left hand on her right hip and his right hand on her left shoulder. When Colleen looked up, Smith pulled her toward him, and kissed her on the lips. Smith's conduct was uninvited and unexpected; Colleen, disconcerted, left the classroom. On February 11, 1986, Smith was covering Colleen's first period class for her regular teacher. After the class had started, Smith asked Colleen into the hall and, exhibiting his divorce papers and a sense of urgency, asked to borrow $50.00 by the end of third period. Colleen informed Smith that she did not know if she could get the money by then since she would need to go to her boy friend's house for the bank book. Thereupon, Smith gave Colleen a pass to visit her friend Jessica to see about transportation. After arranging for transportation with Jessica, Colleen returned to Smith, who was still standing in the hall outside the classroom, and informed him that Jessica and she could get the money. At this time, Smith told Colleen that he liked her and suggested that they meet at school one night so he could repay the money. When Colleen expressed a lack of understanding concerning Smith's comments, he told her to look down and said, "even standing next to you excites me." On looking down, Colleen observed that Smith had an erection. Colleen quickly changed the subject and left with Jessica to get the requested $50.00 from the bank, which she later gave to Smith. Colleen was troubled by what had transpired and was afraid that if she reported the incident the administration would not credit her statements over those of a teacher. However, on Wednesday, February 12, 1986, Colleen told her boss what had transpired between Smith and her, and on the evening of February 12, 1986, she informed her grandmother. On February 13, 1986 Colleen, together with her boss and grandmother, informed the principal of Miami Norland Senior High School concerning the events of February 10-11, 1986. Smith was subsequently suspended from his teaching position, and this administrative proceeding duly followed. In choosing to credit Colleen's recollection of the events of February 10-11, 1986, as opposed to Smith's, I am not unmindful of minor discrepancies in the proof. However, the candor and demeanor of Colleen, coupled with the corroborating proof, compels the conclusion that Smith did commit, without invitation or provocation, the acts set forth in paragraphs 3-5, supra. Smith's conduct was inconsistent with the standards of public conscience and good morals, and was sufficiently notorious to bring himself and his profession into public disgrace or disrespect. Due to the notoriety of his conduct, Smith's service in the community, as well as his effectiveness in the school system, has been severely impaired. The Excessive Absences The proof establishes that Smith was absent from his employment on 26 days during the 1985-86 school year. Five of those days, and possibly six, were for personal reasons, rather than illness. While teachers are generally allowed only 4 personal days each school year, the School Board offered no evidence to rebut the proof that the additional 1-2 days were authorized by Smith's supervisor, or that all time off was duly approved.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That the School Board enter a Final Order sustaining the suspension of Respondent, Michael B. Smith, from his employment, and dismissing Respondent, Michael B. Smith, from his employment with the School Board. DONE AND ENTERED this 21st day of November, 1986, in Tallahassee, Florida. WILLIAM J. KENDRICK 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 21st day of November, 1986.
Findings Of Fact Respondent, Jean-Baptiste Guerrier (Guerrier), holds Florida Teaching Certificate No. 59692 covering the area of English which is valid through June 30, 1995. Guerrier was employed as a teacher at Miami Edison Middle School during the 1992-93 school year. On September 20, 1993, the following disciplinary action was taken by the Dade County School System against Guerrier for conduct unbecoming a school employee: Directives were issued to Respondent to refrain from making inappropriate remarks. Respondent was issued a letter of reprimand. Respondent was placed on prescription. Respondent received an unacceptable rating for Category VII and an overall summary rating of unacceptable on his 1992-93 TADS Annual Evaluation. On November 29, 1994, the Commissioner of Education issued an Administrative Complaint against Guerrier alleging that he made inappropriate comments of a sexual nature to three eighth grade female students during the 1992-1993 school year. Based on the evidence presented Guerrier did not make such comments. The Administrative Complaint alleged that Guerrier engaged in inappropriate behavior of a sexual nature with two eighth female students during the 1992-1993 school year. Based on the evidence presented Guerrier did not engage in such behavior. A teacher at Miami Edison Middle School observed Guerrier putting his arm around female students during the changing of classes. He did not identify the students. During these occasions, Guerrier's back was turned towards the teacher. The teacher characterized Guerrier as a gregarious teacher. During the 1992-1993 school year, Guerrier had three female cousins who were attending Miami Edison Middle School. Guerrier would put his arm around his cousins' shoulders when he would see them at school. Guerrier did not put his arm around any other female students.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Administrative Complaint against Jean-Baptiste Guerrier be DISMISSED. DONE AND ENTERED this 24th day of July, 1995, in Tallahassee, Leon County, Florida. SUSAN B. KIRKLAND Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 24th day of July, 1995. APPENDIX TO RECOMMENDED ORDER, CASE NO. 95-649 Neither Petitioner nor Respondent filed proposed findings of fact. COPIES FURNISHED: Karen Barr Wilde, Executive Director Education Practices Commission 301 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Ronald G. Stowers, Esquire Department of Education Suite 1701, the Capitol Tallahassee, Florida 32399-0400 William Du Fresne, Esquire 2929 Southwest 3rd Avenue, Suite One Miami, Florida 33129 Kathleen M. Richards, Administrator Professional Practices Services 352 Fla. Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400
The Issue The central issue in this case is whether the Respondent committed certain acts alleged by the School Board and, if so whether those acts constitute misconduct in office, immorality, conduct unbecoming a School Board employee and/or employee misconduct, and thereby constitute just cause for the suspension and termination of Respondent's employment as a teacher.
Findings Of Fact Based on the evidence received at the formal hearing in this case, I make the following findings of fact: The Respondent, Monica Chisholm, was employed by Petitioner from 1984 until September 28, 1988, pursuant to several annual contracts. During the 1987-88 school year, while employed as a teacher at Miami Jackson High School, the Respondent was given and accepted the responsibility of a senior class sponsor, which responsibility included coordinating and preparing activities for graduating seniors. Those activities included an activity known as "Grad Nite." In her capacity as a sponsor, the Respondent was charged with the duties of collecting money from students, issuing accurate receipts for the money collected, and depositing the money with the school treasurer. At Miami Jackson Senior High School explicit procedures for the handling and accounting of money were in effect. These procedures required that: (a) money be collected only during specific times and only at specific locations, (b) money be deposited with the school treasurer on a daily basis, and (c) in no event was a sponsor to retain money in excess of $50.00 overnight. These procedures were set forth in the sponsor's handbook, which was distributed to all sponsors. The procedures were also discussed during workshops held twice each year. The Respondent was admittedly aware of these mandatory procedures. Two receipt books were issued to the Respondent for the purpose of accounting for money received from students for "Grad Nite." One receipt book was Series 500; the other was Series 600. In May of 1988, Sophia Jackson, a student who had paid the Respondent $100 towards her participation in "Grad Nite," requested a refund. The Respondent prepared a fraudulent receipt and a check requisition form for Sophia Jackson. The fraudulent receipt was prepared by photocopying, from the 600 series receipt book, the receipt that had been issued to another student, removing the other student's name, and writing the name of Sophia Jackson in place of the other student's name. The Respondent, with intent to deceive, presented the fraudulent receipt copy, along with a written request for a refund, to Ms. Charlotte Wright, the school treasurer. Ms. Wright compared the fraudulent receipt to her copy of the original receipt, noticed the difference in names, and reported the matter to the school principal, Mr. Freddie Woodson. Mr. Woodson confronted the Respondent about the altered receipt. During the course of that confrontation, it became obvious that there were irregularities in the Respondent's handling of student funds. Mr. Woodson then demanded that the Respondent turn in the two receipt books that had been issued to her. At that time the Respondent had with her only the 600 series receipt book, and she had to return to her home to retrieve the 500 series receipt book. Upon review of the two receipt books, Mr. Woodson determined that the Respondent had collected a total of $2,716 that had not been turned in to the school treasurer. The Respondent's initial explanation to Mr. Woodson was that over two thousand dollars had been stolen from her briefcase while she was absent from school due to an injury. Prior to the confrontation with Mr. Woodson, the Respondent had not made any report of a theft from her briefcase, even though she claimed to have discovered it several weeks before the confrontations. Mr. Woodson demanded that the Respondent immediately turn over any remaining money in her possession. The Respondent failed to do so. Instead, she delivered a written statement in which she admitted to having used some of the money collected from students for her own personal use. In fact, the Respondent had misappropriated to her own use all of the $2,716 she had collected and failed to turn in to the school treasurer. Thereafter, a criminal complaint was filed in the State Attorney's Office and the Respondent was charged with grand theft, a felony offense. The suspicious circumstances surrounding the Respondent's failure to account for a substantial sum of money became known to various people in the school, including Ms. Young, Ms. Timson, Mrs. Wright, Officer Covington, and members of the school clerical staff who typed or otherwise handled papers with relevant information. In addition, law enforcement personnel and other school administrators became aware of the facts regarding the Respondent's mishandling of the students' money. The Respondent's misappropriation of funds collected from students and her attempt to obtain a refund through fraudulent means constitute the exploitation of professional relationships with students for personal gain or advantage and also constitute a use of an institutional privilege for personal gain or advantage. Such conduct also impairs the Respondent's effectiveness as an employee of the school system.
Recommendation On the basis of all of the foregoing, it is recommended that the School Board of Dade County issue a final order in this case terminating the employment of the Respondent as a teacher in the Dade County Public Schools. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 30th day of May 1989. MICHAEL M. PARRISH Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 30th day of May 1989. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 88-5040 The following are my specific rulings on all proposed findings of fact submitted by all parties: Findings proposed by Petitioner: Paragraphs 1 through 4: Accepted. Paragraph 5: Accepted in substance, with exception of last sentence. Last sentence is rejected as subordinate and unnecessary details. Paragraphs 6 through 8: Accepted in substance. Paragraph 9: Rejected as irrelevant. Paragraph 10: Accepted in substance. Paragraph 11: Rejected as irrelevant. Paragraph 12: First two sentences rejected in part as subordinate and unnecessary details and in part as unduly repetitious. Last sentence accepted in substance. Paragraphs 13 and 14: Accepted in substance. Paragraph 15: Rejected as subordinate and unnecessary details. Paragraph 16: The substance of the last three lines of this paragraph is accepted. The remainder of the paragraph is rejected as constituting legal argument or proposed ultimate conclusions of law. Findings proposed by Respondent: Paragraph 1: Accepted. Unnumbered paragraph following paragraph 1: Accepted. Paragraph 2: Rejected as contrary to the greater weight of the evidence and as not supported by competent substantial details. (The Respondent's testimony regarding the theft of funds is simply unconvincing..) Paragraphs 3 through 5: Accepted in substance. Paragraph 6: Portion dealing with failure to properly collect and turn in funds is accepted. The remainder of this paragraph is rejected as contrary to the greater weight of the evidence. Paragraph 7: Rejected in part as constituting agreement rather than proposed findings and in part as contrary to the greater weight of the evidence. COPIES FURNISHED: Dr. Joseph A. Fernandez Superintendent of Schools Dade County Public Schools 1450 Northeast Second Avenue Miami, Florida 33132 Jaime C. Bovell, Esquire 370 Minorca Avenue Coral Gables, Florida 33134 William DuFresne, Esquire 2929 Southwest Third Avenue Suite One Miami, Florida 33129 Karen B. Wilde Executive Director Education Practices Commission 125 Knott Building Tallahassee, Florida 32399 Martin B. Schapp, Administrator Professional Practices Services 319 West Madison Street, Room 3 Tallahassee, Florida 32399
The Issue Whether Respondent's professional services contract with the Petitioner should be terminated for just cause as alleged in the Notice of Specific Charges.
Findings Of Fact Respondent has been employed by Petitioner as a teacher since 1988. At the times pertinent to this proceeding, Respondent held a professional services contract with Petitioner. After he graduated from college in 1970, Respondent played professional football for the San Diego Chargers for one year. Thereafter, he taught and coached in Polk County, Florida, at Albany State College in Georgia, and at Florida A & M University. Miami Edison Senior High School (Miami Edison), Norland Middle School (Norland), and Riviera Middle School (Riviera), are all public schools in Dade County, Florida. In 1988, Craig Sturgeon, the principal of Miami Edison, hired Respondent as a teacher and the head football coach at Miami Edison. SUMMER SCHOOL 1988 During the summer of 1988, Respondent was assigned to teach a weight training class. Among the students in Respondent's weight training class were two females, Nelta Georges and Latoya Stewart. During the summer of 1988, Nelta and Latoya usually went to Respondent's office to watch television after class. Respondent usually kept snacks in his office and had a refrigerator in which he kept milk. Latoya asked Respondent if she could have some milk to drink with the cookies she had taken from the table. In response to this question, Respondent put his leg up on a table, leaned back in his chair, licked his lips, and told Latoya that he had some "Elsie's milk" that she could have. This was a sexually suggestive statement that was inappropriate for a teacher to make to a student. After Respondent made this inappropriate comment to Latoya, he gave Nelta permission to leave school to go to a store across the street from Miami Edison. Respondent violated school policy by allowing the student to leave school campus for that purpose while school was in session. Mr. Sturgeon received complaints that Respondent had made sexually inappropriate comments to female students, including the incident involving Nelta and Latoya, and that he was granting students permission to leave school. An investigation by the special investigation unit of the Dade County Public Schools Police Department, identified as S.I.U. Case #s-0854, confirmed the complaints pertaining to the sexually inappropriate comments. Respondent admitted giving students permission to leave campus. On November 9, 1988, a conference for the record was held involving Mr. Sturgeon, Respondent, and Respondent's union representative. Respondent was reprimanded and rated as unacceptable on Category VII (Professional Responsibilities) of the Teacher Assessment and Development System (TADS) on the following grounds: Substantiated Findings S.I.U. Case #s-0854. Conduct Unbecoming a School Board Employee. Permitting students to leave the school campus to go to the store while school was in session. SCHOOL YEAR 1991-92 Respondent taught a wood-shop class at Norland Middle School during a portion of the 1991-92 school year. Danielle Williams is a sixteen year old female who was a student in Respondent's wood-shop class at Norland during the 1991-92 school year. On one occasion, Respondent asked Danielle to come to his lectern and to show him her work. Danielle testified that when she did as she was requested, Respondent put his arm around her shoulder so that he touched her right breast with his hand. Danielle testified that she pushed Respondent's hand away and told him "you don't have to touch me to talk to me." This incident occurred in front of the other students in Respondent's class. Respondent admitted that he put his arm around the student, but asserted that it was a friendly gesture like he used to do with players when he coached. He denied touching the student's breast. The Special Investigation Unit of the school board's police department investigated the incident, but was unable to substantiate that Respondent touched Danielle's breast. The conflict in the evidence is resolved by finding that Respondent inappropriately draped his arm around Danielle's shoulders, but that the evidence is insufficient to establish that he touched Danielle's breast. 1/ Respondent made inappropriate comments to Danielle, asking if she had a father and stating that he wanted to "get with" her mother. Danielle also testified that Respondent stared at her inappropriately as if he could rape her with his eyes. Jonelle Hogan, another female student in Respondent's wood-shop class, testified that Respondent also stared at her in a manner she believed to be inappropriate and that he liked to touch students. John Gilbert was the principal of Norland during the time Respondent taught at that school. In September 1991, Mr. Gilbert received complaints from the parents of two students that Respondent had made sexually suggestive remarks to female students and that he inappropriately stared at and improperly touched students. Respondent was transferred to another school as a result of these complaints. 1993-94 School Year Respondent taught a wood-shop class at Riviera Middle School for a portion of the 1993-94 school year. George Gomez is a fourteen year old male who was a student in Respondent's wood-shop class at Riviera. On October 12, 1993, George was playing with another student by poking the other student in the rear with a wooden spoon. Respondent told George to stop what he was doing, but George did not obey that instruction. Respondent approached George, grabbed him by the shoulder, and told the other student to hit George. When the other student refused to hit George, Respondent punched George in the chest with his closed fist and told him to sit down. The punch hurt George, and he started crying. George was also embarrassed by this incident because the other students in the class were laughing at him. After George sat down on a stool, he got up and started to leave the classroom. Respondent grabbed George by the back of his pants, picked him off the ground, and pulled him back into the classroom. While George was being held in the air by the Respondent, George picked up a plastic garbage can and tried to hit Respondent with it. When Respondent released him, George fell on the other plastic garbage cans. George got up and Respondent told him to sit down and asked why he was crying. George said he was crying because the punch had hurt him. George picked up a baseball bat and said if Respondent wanted to see how much it hurt that he should let George hit him with the bat. Respondent told George that he would break his neck if George hit him with the bat. George tossed the bat aside, but Respondent picked up another bat and encouraged George to hit him. Respondent then picked up a rasp and asked George if he wanted to stab him. George replied "why don't you get me a gun?" Respondent asked George whether he wanted a .22 caliber pistol or a shotgun and said he would get it from his car. George believed Respondent was serious when he made the statement about the gun and he stayed silent in response to Respondent's question. At his request, George was transferred out of Respondent's class following this incident. Some of the students in the Respondent's wood-shop class were special education students. Following the incident between George and the Respondent, these special education students returned to the class of their regular teacher, Faith Feurst. These students were scared and did not want to go back to Respondent's classroom. This incident impaired Respondent's effectiveness as a teacher at Riviera. At various times while at Riviera Respondent used profane language in front of students in the classroom, using such terms as "fuck," "bitch," and "ass." At the times pertinent to this proceeding, Dr. Pauline A. Young was an assistant principal at Riviera. On October 12, 1993, Dr. Young was notified of the incident involving George. On December 6, 1993, a Conference for the Record (CFR) was held with the Respondent to discuss his employment history and the possibility of further disciplinary action against him. Respondent was reprimanded for the incident and returned to the classroom pending further review of his employment. A written summary of the CFR, dated January 10, 1994, advised Respondent that the School Board was considering whether it should terminate his professional services contract for cause. On January 4, 1994, Officer Horace Morgan, a police officer with the City of Miami Police Department was on duty and engaged in narcotics surveillance. Officer Morgan observed Respondent purchase an object Officer Morgan believed to be a plastic bag of cocaine from an unidentified individual. Officer Morgan instructed two other police officers, one of whom was Jose Moure, to arrest Respondent. Officer Moure inspected the inside of Respondent's car at the time of the arrest and found a clear plastic bag with a short red straw. There was a white powder in the bag. The contents of this bag was sent by Officer Moure to a lab for analysis. There was no evidence to establish the chain of custody or the manner in which the laboratory tests were conducted. The results of the testing were reflected by a lab report. The report Officer Moure received following the testing reflected that the white powder in the plastic bag was cocaine. This lab report is hearsay that cannot be the basis of a finding of fact. See, Section 120.58(1)(a), Florida Statutes. Petitioner failed to establish by competent, substantial evidence, that the plastic bag taken from Respondent's vehicle contained cocaine. Also discovered in Respondent's car at the time of the arrest was a military hand grenade training simulator referred to as a M116A. Officer D. C. Diaz, an investigative bomb technician with the City of Miami Police Department's Special Investigation Section, was summoned to examine the M116A. The device was "live" and would have exploded if detonated. This device had the potential to cause bodily harm and property damage. It is a third degree felony for an unauthorized individual to have possession of a device such as a M116A. Respondent had no authorization to be in possession of this device. Although it is illegal to sell such a device in the State of Florida, Respondent's testimony that he bought the device in South Carolina is found to be credible. Criminal charges were filed against Respondent for possession of cocaine and possession of a destructive device. On January 18, 1994, the Petitioner learned of the criminal charges against Respondent and removed him from the classroom. On May 2, 1994, Respondent entered a plea of nolo contendre to these charges. The presiding judge accepted this plea, withheld adjudication of guilt, and sentenced Respondent to time served. On February 16, 1994, the School Board took action to terminate Respondent's professional services contract for just cause, immorality, misconduct in office, and conviction of a crime involving moral turpitude, upon such conviction. The Petitioner subsequently filed a Notice of Specific Charges in this proceeding that alleged it has just cause to terminate Respondent's employment on the grounds of immorality and misconduct in office.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a final order that adopts the findings of fact and the conclusions of law contained herein, that upholds the suspension of Respondent's employment, and that terminates his professional services contract. DONE AND ENTERED this 2nd day of February 1995 in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of February 1995.
Findings Of Fact Respondent Robert L. Collins has been employed by the School Board of Dade County, Florida as a teacher for the last twenty-four years and is on continuing contract. For approximately the last seven of those years, Respondent has been teaching Industrial Arts at Miami Killian Senior High School. Between late September 1983, and November 23, 1983, Jonathan Wright was a student in Respondent's Plastics class. On November 23, 1983, Wright came into Respondent's Plastics class wearing a hat, which is against school rules. Respondent directed Wright to remove his hat which he did. Later in that same class Respondent saw Wright sitting by the engraver again wearing that hat. Respondent removed the hat from Wright's head and advised Wright that if he put the hat on another time Respondent would send him to the principal's office. At approximately 5 minutes before the end of the class period, Respondent instructed the students that it was time to clean up the shop area. Wright and some of the other students began gathering at the door. Respondent motioned to those students to come back into the classroom and away from the door, which some of them did. Wright, however, did not. Respondent then specifically directed Wright to get away from the door. Instead of obeying, Wright put up a hand and a foot in a karate type posture but clearly in a playful manner. As a normal reaction in the context of the situation, Respondent did likewise. Respondent then turned back toward the class at which time Wright grabbed him by the legs and pulled him down to the floor. Respondent and Wright were rolling around on the floor in a small alcove area, and Respondent was unable to get loose from Wright's grip. Respondent was afraid that he, Wright, or the other students might be severely injured in the small alcove by the door or on some of the machinery located in the Plastics shop classroom. Unable to free himself, Respondent bit Wright on the back. Wright released Respondent and got up off the floor. After the bell rang, Wright left the classroom. Wright was transferred to the Plastics class of teacher Gerald Krotenberg where he remained for the rest of the school year. On several occasions Krotenberg was required to admonish Wright because Wright often resorted to "horse play" with other students. On occasion Wright would come into the classroom and would "bear hug" the girls, "jostle" the boys, and be disruptive so that Krotenberg could not take attendance or conduct the class. Although Krotenberg followed his normal technique of chastising the student in public, and then chastising the student in private, those techniques did not work and Krotenberg was required to exclude Wright from class on probably two occasions, for two days each, due to Wright's inappropriate behavior with other students. During the two months that Wright was in Respondent's class, Wright had come up behind Respondent on one or two occasions and lightly put his arms around Respondent in the nature of a bear hug. Respondent counseled Wright that that was not appropriate behavior. The only touching of Wright that was initiated by Respondent himself occurred in the form of Respondent placing his hand on Wright's shoulder while discussing a project being worked on at the moment or perhaps a light slap on the back in the nature of encouragement or praise for a job well done. Not all teachers, however, agree that it is appropriate to occasionally give a student an encouraging pat on the back. Although Wright had on one or two occasions given Respondent a playful hug and although Respondent had on several occasions given Wright an encouraging pat on the back or touch on his shoulder, no physical combat ever occurred between them. Although Wright often engaged in "horse play" with other students, no "horse play" occurred between Wright and Respondent. None of Respondent's annual evaluations during the years he has been teaching in the Dade County public School, including the annual evaluation for the the 1983-1984 school year, indicates that Respondent has had any problems with either maintaining good discipline in his classes or that Respondent is anything other than acceptable in the area of classroom management.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered reversing Respondent's suspension, reinstating him if necessary, and reimbursing him for back pay-if he was suspended without pay. DONE and RECOMMENDED this 3rd day of July, 1985 at 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 3rd day of July, 1985. COPIES FURNISHED: Thomas H. Robertson, Esquire 111 SW Third Street Third Floor Miami, Florida 33130 Michael D. Ray, Esquire 7630 Biscayne Boulevard Suite 202 Miami, Florida 33138 Phyllis 0. Douglas Assistant Board Attorney Dade County Public Schools 1410 N.E. Second Avenue Miami, Florida 33132 Dr. Leonard Britton Superintendent School Board of Dade County 1410 NE Second Avenue Miami, Florida 33132
