The Issue Whether there exists just cause to terminate Respondent from his employment with the Broward County School Board.
Findings Of Fact The School Board is responsible for the operation, control, and supervision of all public schools (grades K through 12) in Broward County, Florida, and for otherwise providing public instruction to school-aged children in the county. James had been employed by the School Board for 11 years prior to being placed on unpaid leave in June of 2011. During the time relevant to the instant case, he was employed as a Behavior Specialist and as the head football coach at Boyd Anderson. He also served as the Athletic Director at Boyd Anderson for the 2009-2010 school year. Edden Merchandise During the 2007-2008 school year, Christopher Edden (Edden), owner of Edden Clothing Company, began to call local schools to develop some business in the Broward County schools. He spoke with James at Boyd Anderson because he was the head football coach, and made his sales pitch. James spoke with Rayfield Henderson (Henderson) and Joan Ferguson, the co-principals at Boyd Anderson, and explained that Edden could create spirit gear for the students. Ferguson and Henderson thought it was a good fundraising idea, because James told them that Edden was producing the spirit gear on a consignment basis. James told Henderson that Edden would produce the gear, and Boyd Anderson would only have to pay for the gear as they sold it. Henderson thought it would be a good idea to set up a "spirit gear store" at the school, and for any profit to go into the athletic department. Henderson approved the spirit gear project, and because of his belief that the spirit gear was being given to the school on a consignment basis, and no money needed to be put forth to purchase the items, he did not instruct James to complete a purchase order. Edden and James exchanged e-mails regarding the colors and design for the logo and mascot. James indicated the items he was interested in ordering, placed the order with Edden, and signed the order form. Edden told James that he required full payment within 30 days after delivery; Edden invoices state "due on receipt." James knew that payment would be due within thirty days of receipt of the items; Edden made the terms of payment clear to James. Edden created the merchandise, and delivered 30 to 40 boxes of clothing and other spirit gear to Boyd Anderson. The amount ordered totaled approximately $32,000.00. After invoices were sent and remained unpaid, James informed Edden that he was not receiving payment for the merchandise because Henderson was not willing to pay the amount due. Edden then started to communicate with Henderson directly, and Henderson maintained that he would somehow pay Edden the amount owed to him. In the Spring of 2008, Edden wrote letters to Henderson, indicating that he had yet to be paid, that he had tried numerous times to contact James with no response, and that he demanded payment in full. The school made many efforts to sell the merchandise, but those efforts were largely ineffective. Ultimately, Edden hired an attorney, and sued the School Board. The School Board settled the case, paying Edden approximately $25,000.00. James misled Henderson when presenting the terms of the agreement with Edden. Henderson approved a fundraising project that was flawed from its inception, due entirely to James's misrepresentations. Due to the misrepresentation made to Henderson, School Board policy 3320, which mandates a specific process for purchases over $5,000, was not followed. Basketball game In November 2010, when James was the acting Athletic Director, he was approached by the Bank Atlantic Center about having the Boyd Anderson basketball team play Monarch High School after two collegiate games on the evening of December 18, 2010. On November 29, 2010, James submitted a Project Approval Form, which is used when any member of the faculty or administration is seeking approval of a project or event. The form was approved and signed by both Assistant Principal Evans, and the principal at that point, Mr. Almanzar. The athletic event was intended to be a fundraiser for Boyd Anderson. Boyd Anderson would purchase 150 tickets to the event for $17.75 each, and then re-sell the tickets to the student body and Boyd Anderson families and faculty for $22.75 each. Half of the tickets were to be given to Monarch High School to sell to their school community. James entered into the contract on behalf of Boyd Anderson, signing the contract with Bank Atlantic Center. Unfortunately, while the two high schools were attempting to sell these tickets, the Orange Bowl Committee was simultaneously providing free tickets to the Broward County schools. Thus, it became very difficult to sell tickets. Only a few tickets were actually sold, and Boyd Anderson ultimately paid for 136 tickets, totaling approximately $2,399.00. There is no evidence that James kept any money from the sale of the tickets, or that he stole or lost any tickets. Transcripts On June 7, 2011, a letter of reprimand was issued to James. It accused James of having asked the school registrar to enter transcripts into the school system, and bypass the process by which transcripts are validated. There was no direct evidence establishing that James committed the acts he was accused of in the reprimand letter. Ultimate Findings The greater weight of the evidence establishes that James is guilty of immorality and of misconduct in office, by failing to maintain honesty in his professional dealings and by violating the Code of Ethics. His misrepresentations led to a violation of School Board policy 3320, as the proper procedure for purchasing merchandise that totaled approximately $32,000.00 was not followed. The greater weight of the evidence establishes that James is not guilty of moral turpitude, or of violations of School Board policy 3411, or 6301.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Broward County School Board terminate Respondent's employment. DONE AND ENTERED this 31st day of July, 2012, in Tallahassee, Leon County, Florida. S JESSICA E. VARN 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 31st day of July, 2012. COPIES FURNISHED: Charles T. Whitelock, Esquire Charles T. Whitelock, P.A. Suite E 300 Southeast 13th Street Fort Lauderdale, Florida 33316 charles@ctwpalaw.com Patrick A. Santeramo Broward Teachers Union 6000 North University Drive Tamarac, Florida 33321 Melissa C. Mihok, Esquire Kelly and McKee, P.A. Suite 301 1718 East 7th Avenue Post Office Box 75638 Tampa, Florida 33675-0638 mcm@kellyandmckee.com Gerard Robinson, Commissioner Department of Education Suite 1514 Turlington Building 325 West Gaines Street Tallahassee, Florida 32399-0400 Lois Tepper, Interim General Counsel Department of Education Suite 1244 Turlington Building 325 West Gaines Street Tallahassee, Florida 32399-0400 Robert Runcie, Superintendent Broward County Public Schools 600 Southeast Third Avenue Fort Lauderdale, Florida 33301
The Issue Respondent's continued employment with the Dade County Public Schools, as set forth in minutes of the School Board for October 19, 1977.
Findings Of Fact During the 1975-1976 and 1976-1977 academic school years, Respondent was an employee of the Petitioner as a teacher at the Richmond Heights Junior High School. (Stipulation) By order of the State Board of Education, dated September 20, 1977, the teaching certificate of Respondent, Department of Education Number 3436, was suspended for a period of two years. The matter is currently being appealed to the First District Court of Appeal. (Petitioner's Exhibit 1, Stipulation) On October 19, 1977, Respondent was suspended without pay from his position by Petitioner due to the suspension of his teaching certificate by the State Board of Education. On October 31, 1977, Respondent requested a hearing in the matter. Petitioner provided Respondent with formal notice of charges on December 13, 1977, seeking his dismissal from employment with the school system. Respondent became a teacher in 1937 and has been employed in that capacity by Petitioner since 1961. He testified at the hearing to the effect that, in his opinion, the present proceedings are improper in that the action by the State Board of Education was premature and should not have been taken until the charges upon which such action was based had been considered by Petitioner in administrative proceedings. Respondent sought to introduce character testimony in his behalf by a number of witnesses, but upon objection by Petitioner, such testimony was not permitted by the Hearing Officer as it would be irrelevant to the proceedings. The proffered testimony would have shown that the witnesses had all known the Respondent for a lengthy period of time and that he is a dedicated employee of the school system who has served his community and church as an example for students. (Testimony of Anders, Respondent)
Recommendation That Respondent, Raphu S. Williams, be dismissed from employment as a teacher by the School Board of Dade County, Florida, under the authority of Section 231.36(4), Florida Statutes. DONE and ENTERED this 18th day of April, 1978, in Tallahassee, Florida. THOMAS C. OLDHAM Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Jesse McCrary, Esquire Dade County Public Schools Lindsey Hopkins Building 1410 Northeast 2nd Avenue Miami, Florida 33132 Elizabeth DuFresne, Esquire One Biscayne Tower Suite 1782 Miami, Florida 33131 Phyllis O. Douglas, Esquire Dade County Public Schools Administrative Office Lindsey Hopkins Building 1410 Northeast 2nd Avenue Miami, Florida 33132
The Issue The first issue in this case is whether, as the district school board alleges, a teacher who failed immediately to notice that her paraprofessional had left a child behind during a student activity is guilty of negligent supervision; if the alleged wrongdoing is proved, then it will be necessary to decide whether the school board has just cause to terminate the teacher's employment.
Findings Of Fact The Miami-Dade County School Board ("School Board"), Petitioner in this case, is the constitutional entity authorized to operate, control, and supervise the Miami-Dade County Public School System. At all times relevant to this case, Respondent Luz M. Morales ("Morales") was employed as a teacher in the Miami-Dade County public schools. During the 2013-2014 school year, and for many previous years, Morales taught at the Neva King Cooper Educational Center, a school that provides special educational services to students with severe intellectual disabilities. Among the services provided at Neva King Cooper is community-based instruction ("CBI"), which entails taking students with disabilities into the community on a regular basis to learn and practice basic skills in real-life settings. On May 6, 2014, Morales took her six students on a CBI trip to the local Walmart. Accompanying Morales on this trip, to help supervise and control the students, were two paraprofessionals, Natalie Glover and Efrain Cestero. The group left the school on a bus at around 9:30 in the morning. The plan was to explore books and toys in the store, purchase a snack in the McDonald's Restaurant located inside Walmart, and return to school by around 11:00 a.m. Upon arriving at Walmart, Ms. Glover informed Morales that she was having some difficulty with one of the students and asked if she could skip the shopping component of the lesson and take this student straight to McDonald's. Morales agreed. Before setting out to shop, Morales assigned to Mr. Cestero the primary custodial responsibility for two students, one of whom, A.P., is unable to walk or talk and must be transported in a wheelchair. Mr. Cestero was an experienced employee with a record of good performance, and Morales's delegation to Mr. Cestero of responsibility for the safety of these students while in the store was authorized and proper. Morales herself took charge of the three remaining students, including one who was in a wheelchair. After looking at toys, Morales led the group to the candy aisle. As they moved through the store, Morales and her three students stayed ahead of Mr. Cestero and his pair of students. Morales and Mr. Cestero talked with one another, but she could not see Mr. Cestero or the two students under his supervision, all of whom were following behind Morales. Morales selected some candy to purchase. The group proceeded to the checkout aisles with Morales still in the lead. Mr. Cestero told Morales that he and his students would go ahead of her to McDonald's, where they would all meet again after Morales (with three students in tow) had paid for the candy and caught up with them. Morales thought this was fine and said so. She could not see Mr. Cestero and, having no reason to believe that anything might be amiss, did not turn around to look at him. In fact something was wrong. Unbeknown to Morales, Mr. Cestero inexplicably had left A.P. behind in the candy aisle, unattended. When he departed for McDonald's, therefore, Mr. Cestero was escorting only one student, not the two who had been placed in his care. It was shortly after 10:00 a.m. Morales completed her purchase without incident. Unaware of any problem, she made her way to McDonald's, at the front of the store. As she approached the restaurant, Morales saw Ms. Glover and Mr. Cestero sitting at adjacent tables with the students, behaving as though everything were under control and showing no signs of concern or distress. She brought her three students over to the paraprofessionals, and left them in their care so that she could order snacks for the group. To Morales, the situation appeared to be normal. Responsible adults had charge of the children. Neither paraprofessional was upset or flustered; to the contrary, their demeanors were calm, even relaxed. No patently dangerous, suspicious, or unusual condition was visible to Morales. She did not notice that A.P. was missing. As Morales waited in line at the McDonald's counter, she glanced over at the tables where her students and the paraprofessionals were sitting and counted heads. Morales thought she saw six students. She ordered hash browns. With hash browns in hand, Morales returned to the group. As soon as she got there, she began distributing the snacks. Before she could sit down to eat, however, a police officer arrived with A.P., who had been sitting alone in the candy aisle for nearly 20 minutes until——after worried Walmart employees had called for help——being rescued at around 10:20 a.m. Determinations of Ultimate Fact The greater weight of the evidence fails to establish that Morales is guilty of the offense of misconduct in office, which is defined in Florida Administrative Code Rule 6A- 5.056(2).1/ The greater weight of the evidence fails to establish that Morales is guilty of violating School Board policies: (a) on standards of ethical conduct; (b) establishing a Code of Ethics; and (c) governing student supervision and welfare.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board enter a final order exonerating Morales of all charges brought against her in this proceeding, reinstating her as a teacher, and awarding her back salary as required under section 1012.33(6)(a). DONE AND ENTERED this 26th day of May, 2015, 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 26th day of May, 2015.
