Findings Of Fact Clarence Dixon received a Bachelor of Science degree with academic honors from Bethune-Cookman College. He was active in athletics and was rated "All-American" in football. He was employed by Piper High School for the 1980- 81 school year in his first teaching position. He was hired to teach physical education, and was encouraged by the principal of Piper High School to take an active part in the black community. Sandra Brown is employed at Piper High School as a security specialist. She met Dixon through their work association and asked Dixon to counsel her son, as she knew he respected Dixon. Mrs. Brown related several conversations wherein Dixon made sexual advances to her. Mrs. Brown was also involved in the initial school investigation of Dixon's alleged sexual improprieties with Piper High School students; Sharon Cooper is a 15-year-old female student at Piper High School. She had been upset over rumors that involved her reputation, and was considering leaving school over the matter. Dixon became aware of her problem end counseled her to remain in school and ignore the rumors. Carl Nadler, a 16-year-old student at Piper High School, overheard Cooper tell Dixon that, "All the guys say I suck dicks and fuck." This was the statement attributed to Dixon in Count 2 of the Petition. However, it appears that Dixon did not use these words, or at least did not use them in a sexually suggestive context. Lesia McGee is a 17-year-old student at Piper High School. She did not testify at the hearing due to illness, but the parties agreed to allow her deposition to be admitted as evidence associated with Count 5 of the Petition. Her testimony establishes that Dixon told her, "If you wear those purple pants again, I'm going to tongue you to death." Any doubt regarding the sexual implication of this statement was removed by remarks Dixon made to McGee on other occasions to the effect that she had a good figure and would she be enough of a lady not to tell anyone if she and Dixon were to make love. McGee readily admitted that Sandra Brown wanted her to exaggerate her complaint, but she refused. Her testimony indicated no animosity toward Dixon nor influence by Sandra Brown. Freddie Jones is a student at Piper High School. He informed another student, Sandra Cunningham, that Dixon had asked Jones to spread a rumor about her. Jones recanted his initial statement to investigators at the prehearing deposition. He returned to the allegation at the hearing, explaining that he had tried to help Dixon by lying at the deposition, but came to believe it was more important to tell the truth. Jones' testimony lacks credibility because of its inconsistency with his earlier sworn statement. Valynda Johnson is an eleventh grade student at Piper High School. She and Dixon had frequent contacts even though she was not his student. Several times Dixon sent her passes to leave class in order to meet him on the athletic field. Dixon concedes that he once sought to have her excused from class to do some typing for him. On one occasion, Dixon invited Johnson to a basketball game with him and on another to meet him at a convenience store. On two occasions, Dixon asked Johnson, "When are you going to let me do that?" or words of similar import. When she asked what he meant, he replied, "You know what I'm talking about." Johnson was unsure of Dixon's intentions, but believed that Dixon was probably seeking sexual relations with her. Although Johnson was confused on some of the details of her testimony, she was a generally credible witness, showing no animosity toward Dixon or influence by Sandra Brown. Rene Snelling is an 18-year-old student at Piper High School. Dixon and Snelling became friendly, and Dixon made periodic comments to her about her figure and potential for a modeling career. They also discussed a trip to visit a college in Kentucky. Although Dixon took only male students on this trip, he did bring back souvenir T-shirts for Snelling and several other students. Dixon also phoned Snelling at her home and once told her he had a gold chain for her. The comment on which Count 8 is based involved Dixon's question to Snelling, "If we ever had sex would you [Snelling] be ladylike enough not to tell anyone?" or words of similar meaning. This conversation took place in the school library where Snelling was working on a class assignment. Dixon denies making this statement but recalls that when he asked to sit beside her in the library she replied that a nice-looking man like Dixon could sit next to her. Although Snelling was unsure of some of the details of her contacts with Dixon, she was a generally credible witness and showed no animosity toward Dixon or influence by Sandra Brown. Hooker T. Robinson is a 18-year-old student at Piper High School. He overheard Rene Snelling tell another student that if Coach Dixon were not so dedicated to his wife she would fuck him. Robinson was called by Respondent apparently to discredit Snelling's testimony. However, Robinson's testimony indicates that a sexual attraction was developing between Dixon and Snelling which is consistent with the charges contained in Count 8. Darryl Allen is a 15-year-old student at Piper High School. He overheard Chanita Austin, Rene Snelling and Valynda Johnson discussing Dixon in early January. He heard one of them say, "He [Dixon] is acting so high class and doesn't speak anymore," or words of similar import. Darwin Taylor is a 15-year-old student at Piper High School. He overheard a discussion between Sandra Brown and Rene Snelling about February wherein Mrs. Brown stated to Snelling, "Don't worry, we've got him where we want him." Taylor further overheard Mrs. Brown advise Snelling to tell the judge that Dixon gave her a gold chain and tried to touch her and have sex with her. This testimony and that of students Lesia McGee and Chanita Austin (deposition) establishes that Mrs. Brown either intentionally or in the zeal of her investigation encouraged exaggerations. However, the students testifying in this proceeding recognized this and were net swayed by Mrs. Brown's encouragement. The testimony of Piper High School students Alvin Williams, Eugene Wimbs and Ernest Merrell is not material and is accorded no evidentiary weight herein. The depositions of Piper High School students Sandra Anderson, Chanita Austin and Jackie Dawson do not contain evidence relevant to the charges herein and are likewise accorded no weight. The testimony of Anthony Ash, Broward County CTA representative, and Andrew Thomas of the Broward County School System, involve procedural matters not directly relevant to factual questions at issue here. The Respondent denies making the statements and other improper conduct attributed to him by the witnesses. He points out that the complaining witnesses are all from the same neighborhood and are all below-average students. He theorizes that they were confused over factual matters and did not appreciate the damage their statements could have upon him, and that they were unduly influenced by Sandra Brown. The testimony of these Piper High School students, with the exception of Freddie Jones who changed his testimony, was generally credible. They demonstrated an appreciation for the gravity of their complaints and the potential impact on Dixon's career. They did not show any resentment toward Dixon, but rather viewed him as a friend or former friend. The witnesses were encouraged to come forward by Sandra Brown. As noted above, Mrs. Brown's investigative techniques were lacking in objectivity. However, there was no indication that any witness committed perjury as a result of improper influence by Mrs. Brown. Although it was apparent that the students did discuss this case among themselves, there was no indication of any conspiracy against Dixon.
Recommendation From the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Counts 3 and 4 of the Petition be dismissed. It is further RECOMMENDED that Respondent Clarence Dixon be found not guilty of the charges contained in Counts 1, 2 and 6 of the Petition. It is further RECOMMENDED that Respondent Clarence Dixon be found guilty of the charges contained in Counts 5, 7 and 8 of the Petition. It is further RECOMMENDED that Respondent Clarence Dixon be discharged from employment as a teacher by the Petitioner School Board of Broward County. DONE and ENTERED this 6th day of August, 1981, in Tallahassee, Leon County, Florida. R. T. CARPENTER 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 6th day of August, 1981. COPIES FURNISHED: Charles Whitelock, Esquire 1244 SE Third Avenue Fort Lauderdale, Florida 33316 Richard H. Frank, Esquire 341 Plant Avenue Tampa, Florida 33606
The Issue Whether Respondent's educator's certification should be sanctioned for alleged inappropriate conduct with K.M., a female student, from December 1999 through February 2000 in violation of Section 231.2615, Florida Statutes, and Rule 6B-1.006(3)(a), (e), (h), and (5)(a), Florida Administrative Code.
Findings Of Fact Respondent, Ginger Dudley, holds Florida Educator Certificate 726210, which was valid through June 2002. Respondent was employed as a mathematics teacher and athletic coach at Frostproof Middle/Senior High School in the Polk County School District during the 1999/2000 school year. Respondent taught mathematics on the middle school campus of Frostproof. Respondent enjoyed a good reputation at Frostproof of being a good teacher, a compassionate and caring person who related well with students and teachers alike. K.M. was a senior student at Frostproof Middle/Senior High School during the 1999/2000 school year and graduated at the end of the year. K.M. turned 18 years of age on January 5, 2000. As a senior at Frostproof during the 1999/2000 school year, K.M. was on the high school campus. K.M enjoyed a good record and reputation as a pupil and athlete of the school. K.M.'s grades were good, and she was not a disciplinary problem. At the times material hereto, K.M. was not in any of Respondent's classes, but had contact with Respondent in regard to athletic, tutoring, and personal matters. The community of Frostproof is a small, closely-knit, rural and somewhat isolated community in Polk County, Florida. Frequently, teachers go out of their way to help the students. A teacher may even be something like a substitute parent. Frostproof Middle/Senior High School (Frostproof) consists of two campuses with one administration. The two campuses share the library, lunchroom, and Physical Education area. There are strict rules at Frostproof regarding the co- mingling of high school and middle school students. Middle school students are not allowed in the high school area unless they either have a pass to be on the high school campus or are designated to be at the high school during that period. The same rules apply to high school students; unless the high school students have a class on the middle school campus or are doing an "executive internship," they are not permitted on the middle school campus. An executive internship is treated as a class at Frostproof. During an executive internship, a student shadows a teacher as an assignment, for one period during the day. In the event that a teacher observes a high school student on the middle school campus without approval, and who is not doing an executive internship, that teacher is expected to immediately notify the administration. This can be accomplished in two ways: (1) the teacher can write the student up on a discipline referral; or (2) the teacher can press the intercom button that is located in the classroom, which is connected to the front office. K.M. first met Respondent while helping out with the Frostproof girls volleyball team, which Respondent coached. After the initial meeting, K.M. began spending time during her lunch period in Respondent's classroom, grading papers and using the computer. Respondent's Inappropriate Conduct with K.M. K.M. and Respondent developed a friendship relationship during the 1999/2000 school year. In December 1999, a couple of months after K.M. first began spending time in Respondent's classroom, their relationship developed beyond mere friendship, and their meetings became more secretive. Despite strict rules at Frostproof that prohibited high school students from being on the middle school campus unless they had permission and/or were doing an executive internship, Respondent allowed K.M. to spend an exorbitant amount of time in her class room on the middle school campus. K.M. was not doing an executive internship with Respondent. Respondent never notified Dean Carter that K.M. was in an unauthorized area. Respondent did not notify anyone in the administration that K.M. was in an unauthorized area. In fact, the administration became aware that K.M. was in an unauthorized area only after Respondent's roommate, Michelle Davis, notified Dean Carter that K.M. was in Respondent's classroom, which was in an unauthorized area for a high school student. After receiving Davis' complaint, Dean Carter spoke with Respondent and warned her that Respondent should not allow K.M. in an unauthorized area. Respondent continued to allow K.M. in her middle school classroom. In addition, Respondent had one of her sixth grade middle school students, K.S., take personal notes from Respondent to K.M. on the high school campus. Most of them were stapled together prior to giving them to K.S. Although, K.S. did read one note that was not stapled, which read: "Meet me . . . by the buses," and had a time for the meeting. It is improper for a teacher to utilize a student in her class to deliver notes to another student for personal reasons. Respondent's Contact with K.M. after School Hours Not only did Respondent and K.M. spend an exorbitant amount of time together at school, but this close relationship also extended beyond school hours. In fact, Respondent repeatedly met with K.M. outside of school hours, for non- academic reasons: Respondent visited K.M. at her sister's, E.M.H., residence on more than one occasion, where they watched television and left to take drives together. Respondent picked K.M. up at a Taco Bell in Lakeland, Florida, and took K.M. to Respondent's apartment. K.M. spent the night at Respondent's home and returned the following morning around six or seven in the morning. Respondent took K.M. to her home on two separate occasions. Respondent and K.M. were together late at night, at 11:05 p.m., on February 18, 2000 when Respondent received a speeding ticket. In an attempt to hide their relationship from Respondent's roommate, Davis, Respondent gave K.M. the ticket and a check to pay the ticket. Respondent did not gain parental approval, or approval from any other family member or guardian, and/or any school official prior to visiting K.M. at her sister's home, driving in vehicles alone with K.M., and/or taking K.M. away from her home. When K.M. spent the night at Respondent's home, K.M.'s parent or guardian had never given permission to Respondent, nor was Respondent's roommate present. It is inappropriate for a teacher to let a student spend the night at their house on a one-on-one basis. Telephone Calls Respondent's frequent and lengthy telephone calls with were inappropriate: Respondent admitted that she had called K.M. on her cellular telephone ("cell phone") approximately 79 times from December 15, 1999, until February 2000. Respondent called K.M. on February 4, 2000, and talked to K.M. on her cell phone for 72 minutes. On February 21, 2000, Respondent also spoke to K.M. on seven separate occasions in one day within a two and one-half- hour time period. Respondent called K.M. on January 29, 2000, at 4:31 a.m. Respondent called K.M. at her mother's house. Respondent called K.M. at Sheila Farrow's house. Respondent called K.M. at the Hoxie's house. Even though Respondent testified that she called K.M. numerous times because she was concerned K.M. was going to fail English, and refused to attend class, there has been no evidence that K.M. was failing a class or refusing to attend her classes. Calling a student at 3:30 or 4:30 in the morning was highly inappropriate. Respondent's Statements Throughout the course of the investigation, into this matter, Respondent made the following statements: Interview with Principal Lewis and Vice Principal Bush: During her first interview with Principal David Lewis and Vice Principal Bush, Respondent indicated she had only had contact with K.M. outside of school on two occasions, one involved a ballgame and the other involved car trouble. This was not a truthful statement by Respondent. March 7, 2000: Mr. McDonald, an investigator for the Department of Education authorized to administer oaths, and Principal Lewis placed Respondent under oath and conducted an investigative interview with Respondent. However, despite being placed under oath, Respondent was not truthful with Mr. McDonald and Principal Lewis. In fact, during the investigative interview, Dale McDonald had to remind Respondent that she was under oath. While under oath, Respondent never admitted to Mr. McDonald and Principal Lewis that K.M. had spent the entire night at Respondent's house. November 8, 2002: During the final hearing, Respondent finally admitted she did not tell Principal Lewis about K.M. spending the night at her house. Moreover, Respondent also admitted that during the course of her interview with McDonald, she denied that K.M. had ever been to Respondent's home. During her testimony at the final hearing, Respondent also admitted that even after McDonald reminded her that she was under oath, she still denied that K.M. had spent the night at her home. During the final hearing, Respondent also added new information that she had not previously disclosed during her interviews with Principal Lewis, Ms. Bush, and Mr. McDonald. Specifically, at the final hearing, Respondent admitted that she had contact with K.M. outside of school hours and called K.M. late at night/early in the morning, talking for extended periods of time. She stated that she had contact and made the calls only because she was concerned that K.M. was being mentally or physically abused. Respondent admitted that she knew that as a teacher she was required by Florida law to report any suspected child abuse. Respondent also admitted that she had actually called in a child abuse report prior to the 1999/2000 school year in reference to another child, but in this case, despite fearing that K.M. was allegedly being both physically and emotionally abused, she did not call the abuse hotline. Frostproof's protocol for reporting abuse is that teachers are asked to make reports in an administrator's or guidance counselor's office to ensure privacy when making the report. Further, teachers are to notify administration of any reports so they can keep a record. Teachers at Frostproof are not only advised of their mandatory obligation to report suspected abuse each year during the preplanning time but there are also posters posted in common areas like the faculty mail room. Respondent's Alleged Sexual Contact with K.M. There were also a number of alleged intimate sexual encounters between Respondent and K.M. during the period of December 1999 and February 2000. The testimony of K.M. and other supporting evidence is not clear and convincing so as to find Respondent guilty of misconduct on this count. The allegations of sexual misconduct cannot stand up to the clear and convincing evidence test because K.M. was characterized as not always being honest and truthful. K.M. repeatedly and materially contradicted herself in statements to friends, officials, and in prior proceedings. She even initially denied, under oath, any impropriety. K.M.'s allegations were not corroborated in regard to significant or material events. The accusations are essentially based on K.M.'s credibility. Respondent has denied the accusations and is sufficiently credible. Although Respondent was not entirely forthcoming in her initial interview as to the full extent of her contact with K.M., by the end of the interview, she made corrections, and clear and convincing evidence is lacking that she was, finally, dishonest or less than truthful.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be issued finding that Respondent did violate the provisions of Section 231.2615(1)(f) and (i), Florida Statutes, and Rule 6B-1.006(3)(a), (e), and (5)(a), Florida Administrative Code, but did not violate Section 231.2615(1)(c), Florida Statutes or Rule 6B-1.006(3), Florida Administrative Code. It is further RECOMMENDED that a final order be issued suspending Respondent's teaching certificate for one year, a $1,000 fine for the above violations, and that the suspension be followed by a two-year period of probation subject to such conditions as the Commission may specify. DONE AND ENTERED this 28th day of February, 2003, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE 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 28th day of February, 2003. COPIES FURNISHED: Kelly B. Holbrook, Esquire Broad and Cassel 100 North Tampa Street Suite 3500 Tampa, Florida 33602 John Liguori, Esquire 345 West Davidson Street Suite 201 Bartow, Florida 33830 Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Room 224-E Tallahassee, Florida 32399-0400 Mary Lambeth, Program Specialist Bureau of Educator Standards Department of Education 325 West Gaines Street, Suite 224-E Tallahassee, Florida 32399-0400 Daniel J. Woodring, General Counsel Department of Education 325 West Gaines Street 1244 Turlington Building Tallahassee, Florida 32399-0400
The Issue Whether Carl G. Bott, Jr., is guilty of immorality, misconduct in office and/or gross insubordination?
Findings Of Fact During the period of time at issue in this proceeding, Carl G. Bott, Jr., was an employee of the School Board of Putnam County under a continuing contract. Mr. Bott has been employed as a teacher for approximately ten years. Mr. Bott was a teacher and Dean in the County Alternative School Program during the 1984-1985 through 1988-1989 school years. During the 1984-1985 and the 1985-1986 school years the County Alternative School Program was located on the second floor of the Campbell Administrative Building. The County Alternative School Program was renamed the District Opportunity Center and was located on the Davis Lake Road side of the campus of E. H. Miller School during the 1986-1987, school year. Mr. Bott continued to work at the District Opportunity Center during the 1987-1988 school year and part of the 1988-1989 school year. During the 1984-1985 through 1988-1989 school years Diane Wilkinson was employed as a secretary for the County Alternative School Program and the District Opportunity Center. Mr. Bott was her immediate supervisor and prepared Ms. Wilkinson's evaluations during this period of time. During the 1984-1985 and 1985-1986 school years Mr. Bott was in charge of the County Alternative School Program. During the 1984-1985 and the 1985-1986 school years Mr. Bott made comments to Ms. Wilkinson of a sexual nature. In particular, Mr. Bott told Ms. Wilkinson that she had a nice ass, but that [her] stomach needed to be tightened up; and he also made statements in regard to women's nipples showing through their clothes, that's a real turn on to him, for women to get cold on for their nipples to show through their clothing.." Page 199, lines 113-17, Transcript of Administrative Hearing. Sometime during the 1985-1986 school year Mr. Bott intentionally placed his hand on Ms. Wilkinson's right breast without permission, warning or provocation. Mr. Bott's act was a sexual advance toward Ms. Wilkinson. This incident occurred while Mr. Bott and Ms. Wilkinson were in Ms. Wilkinson's small office discussing business. When Mr. Bott touched Ms. Wilkinson, she said nothing and looked at him with a shocked expression. When Ms. Wilkinson did not respond to his advance, Mr. Bott removed his hand and left the room. Ms. Wilkinson did not report the incident to anyone. Nor was anything said about the incident by Ms. Wilkinson or Mr. Bott. Approximately six to nine weeks before the County Alternative School Program was moved to Davis Lake Road, Mr. Bott came into Ms. Wilkinson's office where she was typing, walked up behind her and reached over her shoulders and intentionally touched her breast from behind without permission, warning or provocation. Again, Ms. Wilkinson said nothing. She looked at him with a shocked expression and Mr. Bott then removed his hand and left the room. On the same day that the second incident occurred, Ms. Wilkinson called Evie Shellenberger, the Director of Personnel for the Petitioner, and set up an appointment for the next day to report the incident. The day after the second incident, Ms. Wilkinson told Mr. Bott that I can have your teaching certificate lifted for sexual harassment if you ever touch me again . Page 205, lines 9-10, Transcript of Administrative Hearing. Mr. Bott told Ms. Wilkinson that he realized that she was correct, he apologized to her and promised it would never happen again. Ms. Wilkinson kept her appointment with Ms. Shellenberger and reported both incidents. She did not, however, file a sexual harassment charge against Mr. Bott. Ms. Wilkinson did not file charges because Mr. Bott had apologized and promised not to touch her again and she did not want to harm his family or his career. Ms. Wilkinson was concerned for Mr. Bott because he had a son who had been sick and Mrs. Bott had had cancer. After moving to Davis Lake Road, Mr. Bott continued to make inappropriate comments to Ms. Wilkinson of a sexual nature. The frequency of the statements increased, especially during the 1987-1988 school year. In particular, Mr. Bott made the following statements to Ms. Wilkinson: That he had been a virgin until he was 21 years old, and therefore "he needed to get all the sex he could possibly get to make up for lost time." That he masturbated in the shower with hand cream. That he had had a wet dream about her and he had to get up and clean himself up and clean the sheets up. That "he had had a dream about [them] being in the back seat of a car and that [they] had made love, and that he had climaxed all over the bed, and that it seemed so real to him that he could even smell [her] cologne." That he had calluses on the palms of his hands from masturbating. That "he could really satisfy me [Ms. Wilkinson] sexually without his teeth, and that he knew how -- he could gum me [Ms. Wilkinson] to death, and that he really knew how to satisfy women without his teeth in." That his wife "was so fat and so ugly that he had a hard time making love to her, and that he had to really fantasize when he was having sex with her, to pretend he was with someone else instead of her, because she had dimples in her ass and she was so fat and so overweight it was like she had two sets of breasts, one in the front and one in the back behind her armpit in regard to a fatty kind of area on her." That "I intend to have you [Ms. Wilkinson] in bed before we go our separate ways." That he had made love with a woman (not his wife) in his boat and he had been afraid that he was not going to be able to get his clothes on before the Florida Marine Patrol caught him. That he needed "a piece of ass from someone 18 to 21 years old because he didn't want to get too old to go out and enjoy it." The more explicit sexual statements Mr. Bott made to Ms. Wilkinson were not made continuously. There would be periods of time when he would not make such statements. There were, however, periods of time when the types of statements quoted above would be made and then he would be quiet again. Ms. Wilkinson did not ask Mr. Bott to stop making the statements. She also did not tell anyone about the statements Mr. Bott was making to her. In approximately March, 1988, Ms. Wilkinson did talk to Rita Moody, president of the union to which Ms. Wilkinson belonged, about changing positions and informed her of Mr. Bott's behavior. There were not any positions available, however, and Ms. Moody suggested that Ms. Wilkinson should not "open a can of worms" by reporting the incidents. Despite the incidents related above involving Mr. Bott and Ms. Wilkinson, Ms. Wilkinson and Mr. Bott were friendly to each other and discussed personal matters as well as matters related to their work. They ate lunch with each other on occasion and Mr. Bott gave Ms. Wilkinson rides to and from her home and the office on occasion. Ms. Wilkinson also actively assisted Mr. Bott in protecting the program they worked in and assisted him in remaining with the program because she considered him an asset to the program. At the beginning of the 1986-1987 school year, Jean Herring was assigned as an Assistant Principal in charge of the District Opportunity Center. Ms. Herring was Mr. Bott's immediate supervisor during the 1986-1987 school year. Because Mr. Bott had previously been in charge of the program, he had some resentment about Ms. Herring's position. During the Spring of 1988, Ms. Herring received a complaint from Dana Hales, a female student at the District Opportunity Center. Ms. Hales alleged that Mr. Bott was using inappropriate language and discussing inappropriate topics with female students. (See findings of fact 23 and 24). Ms. Hales indicated that she felt uncomfortable in one-on-one counseling sessions with Mr. Bott. Based upon this complaint, Ms. Herring directed Mr. Bott not to conduct any one-on-one counseling sessions with female students without including Ms. Herring in the session. The next morning, Ms. Herring discovered Mr. Bott conducting a one-on-one counseling session with a female student in violation of her directive to him. Ms. Herring did not see Mr. Bott violate the directive again. Dana Hales complained to Ms. Herring because of statements Mr. Bott made to her of a sexual nature. Those statements included a statement "that he had an affair with a young girl from where he came from before and that he wished he could find a young girl here that he could trust that ... would not tell anyone." Page 142, lines 5-8, Transcript of Administrative Hearing. Mr. Bott also made comments to Ms. Hales concerning his wife. Mr. Bott told Ms. Hales that his wife "was ugly and that she was fat, and in the morning like in the daylight that she was very ugly and unattractive." Page 142, lines 15-17, Transcript of Administrative Hearing. Tonnette Sanders moved to Putnam County after the 1987-1988 school year had begun. Therefore, she was placed in the District Opportunity Center. She was not placed there for disciplinary reasons. Ms. Sanders was approximately 17 or 18 years of age. Mr. Bott was not one of Ms. Sanders' teachers. Mr. Bott and Ms. Sanders did become friends, however, and Mr. Bott provided counseling to Ms. Sanders. While walking into an office together, Mr. Bott patted Ms. Sanders on her buttocks. Ms. Sanders believed that the touching was a sexual advance and it made her feel uncomfortable. Ms. Sanders did not return to school for several days after the incident because she was upset. When she did return, Mr. Bott apologized to her for his action. Mr. Bott also told Ms. Sanders that she was the nicest looking black girl he had had ever seen." Cynthia Bartrum Schmurmand attended the District Opportunity Center during the 1986-1987 school year. Ms. Schmurmand was 14 or 15 year of age at the time. Mr. Bott provided GED preparation training approximately 45 minutes a day to Ms. Schmurmand and other female students. Initially there were four or five students who attended the sessions. Eventually, however, only Ms. Schmurmand and another student, Wendy Parker, attended the sessions. Mr. Bott did not always provide instruction to Ms. Schmurmand and Ms. Parker. Instead, Mr. Bott, Ms. Schmurmand and Ms. Parker would just talk. During these conversations, Mr. Bott told Ms. Schmurmand and Ms. Parker that he had been out with girls their age. He also told Ms. Schmurmand and Ms. Parker that they could get older and more mature men. Mr. Bott offered to take Ms. Schmurmand and Ms. Parker out on his fishing boat with the permission of their parents. Mr. Bott told them that "they would get some beer" even though Mr. Bott knew that they were not of legal drinking age. Mr. Bott allowed Ms. Schmurmand and Ms. Parker to smoke cigarettes in his office during at least one of the sessions. Mr. Bott provided the cigarettes. The use or possession of tobacco or tobacco products on school grounds was prohibited. Mr. Bott warned the students that if they ever let anyone know that they had been allowed to smoke, he would get into trouble and so would they. In addition to Mr. Bott's duties at the District Opportunity Center, he also taught health classes until December 1988 and for approximately three years preceding the 1988-1989 school year at the St. Johns River Community College. The courses taught by Mr. Bott were extra-credit classes taken by senior high students who needed additional credits to graduate from high school. During the Fall of 1988, Mr. Bott's health class was first aid. The class met from 3:30 p.m. until 6:00 p.m. on Monday and Wednesday. The students who attended the class were from Palatka High School and were 17 years of age or older. During the Fall of 1988, Mr. Bott made inappropriate statements to, or engaged in inappropriate conduct in front of, students in his first aid class as follows: Mr. Bott told students that his wife used to have a "nice ass" and "boobs" or "big melons", and now she is "fat and ugly." Mr. Bott wore a pin during class on his shirt which had the following words printed on it: "Sex Cures Headaches." Mr. Bott wore the pin for approximately thirty minutes. When a student asked about the pin, Mr. Bott took it off and indicated that he had forgotten he had it on. While discussing body lice, Mr. Bott told the class that he had once had "crabs." He indicated that he did not know how he had gotten them, implying that he had been involved with several different women. Mr. Bott cussed in front of the students. He used the words "dam", "ass", "bitch", "God damn" and "fuck." On one occasion Mr. Bott, while waking a student up, told the class that males have sexual fantasies every eleven minutes. Mr. Bott, while discussing the subject of drugs, told the class that marijuana makes women want to have sex or that smoking marijuana makes sex better. Mr. Bott told the students a story about a boy and girl who were riding in an automobile with the gear shift located on the floor of the automobile between the two front seats. Mr. Bott indicated that the boy was driving and the girl was sitting on a pillow between the two front seats. Mr. Bott told the class that the automobile was involved in a wreck or stopped suddenly for some other reason and that the gearshift "went up the girl" or that the "gearshift jammed up in her" and that "she took it whole." Mr. Bott also told the students a story about two couples who were riding in an automobile. Mr. Bott indicated that one couple was in the back seat of the car and they were "making out." Mr. Bott then told the class that the automobile was involved in a wreck and the boy "bit the girl's nipple off." He also said that the boy "swallowed it" and that the nipple was "a beautiful one." Mr. Bott also told this story during the 1987-1988 school year. Mr. Bott, while discussing genital injuries, told the class that he knew of a man who had sustained a genital injury. Mr. Bott stated that "his balls swelled up" and that they "were the size of baseballs." Mr. Bott told the class that "oysters put lead in the pencil." During the 1987-1988 school year, Dana Hales attended Mr. Bott's health class. Ms. Hales was walking to her automobile after one class when Mr. Bott told her that she "had the [tits or breasts] of a 25 year old." Mr. Bott also told Ms. Hales during the 1987-1988 school year that she would "stand out more" if she lost some weight. Mr. Bott was referring to Ms. Hales' chest when he made this statement. Vanessa Armster was an eighteen-year-old student at Palatka High School during the Fall of 1988. Ms. Armster attended Mr. Bott's health class during the Fall of 1988. In November, 1988, Ms. Armster missed four classes, in violation of Mr. Bott's policy that students could only miss three or less classes in order to pass the class. Mr. Bott, in deviation from his policy concerning absences, told Ms. Armster that she could make up her fourth absence by coming to his classroom at the District Opportunity Center after school the day after her fourth absence. Ms. Armster had a friend take her to the District Opportunity Center at 3:00 p.m. Mr. Bott gave her work to perform. Most of the time that Ms. Armster was at the District Opportunity Center no one was present in the room with her except Mr. Bott. While Ms. Armster was performing the work given to her by Mr. Bott, Mr. Bott made the following comments to her: Mr. Bott told Ms. Armster that he was scared for her to come to the District Opportunity Center because "he didn't know how he was going to react." Mr. Bott asked Ms. Armster "are those for real?" Mr. Bott was referring to Ms. Armster's breasts. Ms. Armster took these comments to be sexual in nature. Ms. Armster, as a result of Mr. Bott's comments, felt uncomfortable and scared in a one-on-one situation with Mr. Bott. The person who was suppose to give Ms. Armster a ride home did not arrive when she was ready to leave. Mr. Bott offered to give her a ride and Ms. Armster accepted. As Mr. Bott and Ms. Armster left the building, Mr. Bott noticed a football team practicing nearby and said that "someone might think something." Mr. Bott and Ms. Armster got into his pick-up truck. While in the truck Mr. Bott was telling Ms. Armster something about a heart attack and was referring to an area of his chest or side. While trying to indicate a location on his body, Mr. Bott moved his hand toward Ms. Armster. Ms. Armster jumped back when Mr. Bott moved his hand toward her. When Ms. Armster jumped, Mr. Bott said "oh, you just thought I was going to touch there" and intentionally put his hand on Ms. Armster's right breast. When Mr. Bott touched Ms. Armster she jumped back and he laughed. Following this incident, Mr. Bott dropped Ms. Armster off. Mr. Bott's actions have affected the way in which students view him as a teacher. In addition to the effects of Mr. Bott's actions already noted, Mr. Bott's actions had the following effects: At least two students perceived that Mr. Bott looked at Ms. Armster differently than he looked at other students; and Various students in Mr. Bott's health class found many of the sexual statements and incidents to be inappropriate and, in some cases, offensive and embarrassing. Mr. Bott's preoccupation with sexual matters was further evidenced by the following incidents which occurred during the period of time at issue in this proceeding: Mr. Bott told Beverly Emmons, a secretary at E. H. Miller School, that he like the blouses that Debbie Thomas, a teacher's aide, wore because her nipples stuck out. Mr. Bott made a comment about Debbie Thomas nipples being hard while she was lifting weights. This comment was made in front of Ms. Thomas and Diane Alred, an adaptive physical education teacher. Mr. Bott also patted Ms. Thomas on the buttocks. Mr. Bott was suspended with pay by the Superintendent of the Petitioner on December 2, 1988. At a regularly scheduled meeting of the Petitioner on December 5, 1988, Mr. Bott was charged with immorality, misconduct in office and gross insubordination and was suspended without pay. By letter dated December 5, 1988, Mr. Bott requested a formal administrative hearing.
Conclusions The District School Board of Putnam County hereby adopts and incorporates by reference the Conclusions of Law set forth in the Recommended Order. Based on the foregoing, and the recommendation made by the Hearing Officer in the above styled case, it is ADJUDGED that Carl G. Bott, Jr., is guilty of immorality and misconduct in office in violation of Florida Statutes Section 231.36(4)(c) and, accordingly, his suspension without pay from December 5, 1988 through January 5, 1990 is affirmed; it is further ADJUDGED that Carl G. Bott, Jr. is dismissed from his employment with the District School Board of Putnam County effective the date of this Order. DONE AND ORDERED this 12th day of January, 1990, in Palatka, Florida. District School Board of Putnam County Elaine Murray, Chairman
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be issued in this case finding that Carl G. Bott, Jr., is guilty of immorality and misconduct in office in violation of Section 231.36(4)(c), Florida Statutes, and dismissing him from his employment with the Petitioner. DONE and ENTERED this 21st day of November, 1989, in Tallahassee, Florida. LARRY J. SARTIN 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 21st day of November, 1989. APPENDIX TO RECOMMENDED ORDER, CASE NO. 89-0572 The parties have submitted proposed findings of fact. It has been noted below which proposed findings of fact have been generally accepted and the paragraph number(s) in the Recommended Order where they have been accepted, if any. Those proposed findings of fact which have been rejected and the reason for their rejection have also been noted. The Petitioner's Proposed Findings of Fact Proposed Finding Paragraph Number in Recommended Order of Fact Number of Acceptance or Reason for Rejection 1 1-4, 34. 2 39. 3 40. 4 41. 5 42. The last two sentences are cumulative and unnecessary. 6 See 42-44. 7 Hereby accepted. 8 44. Not relevant to this proceeding. See 50. The last sentence is not supported by the weight of the evidence. 11 45. 12 46. 13 47. 14 49. 15-27 These proposed findings of fact are generally true. They are cumulative, however, and not necessary. To the extent that these proposed findings of fact are true, they have been taken into account in the weight that was given to the testimony which formed the basis for findings of fact concerning this incident included in the Recommended Order. 28 Hereby accepted. 29a 36b. 29b 36f. 29c 36j. The last sentence is not supported by the weight of the evidence. 29d 36i. 29e 36a. 29f 36c. 29j 36g and h. 29h 36e. 29i Not supported by the weight of the evidence. 29j 36d. 30 50. 31-33 See 50. These proposed findings of fact are generally true. They are cumulative, however, and not necessary. To the extent that these proposed findings of fact are true, they have been taken into account in the weight that was given to the testimony which formed the basis for findings of fact concerning this incident included in the Recommended Order. 36h, 37-38. The statements were made, however, in 1987 and not in 1988. Not supported by the weight of the evidence. Hereby accepted. 37 2 and 22. 38 22. 39 23. 40 22. Hereby accepted. 22 and hereby accepted. 43 21-22. 44 22. 45 Hereby accepted. 46-49 Not relevant to this proceeding. 50 Hereby accepted. 51-54 Not relevant to this proceeding. 55-56 25. 57 26. 58-59 27-28. 60 29. 61 30. 62 29-30. 63 See 31. 64 32. 65-66 33. 67 Not relevant to this proceeding. 68 31. 69 50. 70 3-5. 71 2 and 5. 72 5. 73 7. 74 Hereby accepted. 75-77 8. Ms. Wilkinson did engage in personal and sexual conversations with Mr. Bott. 78 8-9. 79 10. 80 11. 81 11-12. 82 Hereby accepted. 83 13. 84 14. 85 15. 86 16. 87 16-17. 88 18. 89 19 and hereby accepted. 90-91 Hereby accepted. 92 51. The last two sentences of 92b are rejected as hearsay. 93-101 These proposed findings of fact are generally true. They are cumulative, however, and not necessary. To the extent that these proposed findings of fact are true, they have been taken into account in the weight that was given to the testimony which formed the basis for findings of fact concerning this incident included in the Recommended Order. 102-104 Hereby accepted. Mr. Bott's Proposed Findings of Fact Proposed Finding Paragraph Number in Recommended Order of Fact Number of Acceptance or Reason for Rejection See 50. Not relevant to this proceeding. 34 and 36 c and f. 35 and hereby accepted. See 36a. Taken into account in the weight that was given to the testimony concerning the incidents they testified about. 7-9 See 50. The last sentence of proposed finding of fact 7 and all of proposed findings of fact 8 and 9 constitutes a summary of testimony. This testimony was considered in making relevant findings of fact. 10-11 Not relevant to this proceeding. Not supported by the weight of the evidence. Hereby accepted. Taken into account in the weight that was given to the testimony concerning this incident. 15-17 See 50. 18 Hereby accepted. 19-20 See 50. Although it is true that Ms. Walker testified in this manner, the testimony was rejected. Not relevant to this proceeding. See 50. 24 2. 25 See 25-28 and 50. 26 Not supported by the weight of the testimony. 27-28 See 33. 29 37. 30 37-38. 31 Not relevant to this proceeding. 32-33 This testimony was rejected. 34-35 Hereby accepted. 36 22. 37-38 Hereby accepted. Not relevant to this proceeding. 20. The last sentence is not relevant to this proceeding. Not relevant to this proceeding. 42 5. 43-44 See 17-19. Ms. Wilkinson's testimony about not discussing personal matters with Mr. Bott was based upon her definition of "personal matters." 45 Not relevant to this proceeding. 46 19. 47-48 Not relevant to this proceeding. Hereby accepted. Not relevant to this proceeding. COPIES FURNISHED: Joe H. Pickens, Esquire Post Office Box 2128 Palatka, Florida 32078-2128 Lorene C. Powell, Esquire FEA/United 208 W. Pensacola Street Tallahassee, Florida 32399-1700 Mr. C. L. Overturf Superintendent Putnam County School Board 200 South Seventh Street Palatka, Florida 32177 Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32399-0400 =================================================================
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 issues are whether Mr. Verdiner should be dismissed from employment as a continuing contract teacher with the Dade County School Board for immorality, misconduct in office, and gross insubordination and whether his certificate as a Florida teacher should be revoked.
Findings Of Fact Yves Verdiner holds teaching certificate number 464217 issued by the Department of Education. He held that certificate at all times pertinent to the complaints filed against him. Mr. Verdiner is employed by the School Board of Dade County as a continuing contract teacher. He was an industrial arts classroom teacher at Thomas Jefferson Junior High School during the summer of 1983 and during the 1985-1986 school year. The principal at Thomas Jefferson Junior High School was Mr. Eric Parker. The summer of 1983 During the 1983 summer school session, Milagros Jimenez, a seventh grade female student, was assigned to Mr. Verdiner's class. Miss Jimenez was designated a class foreman, which meant that she was responsible for distributing wood supplies. This brought her into more frequent contact with Mr. Verdiner than other students. One day, while talking with Miss Jimenez, Mr. Verdiner used both hands to lift up her blouse and expose her bra. He also made a sexual reference to her, saying that he wanted to "jack off." A few days later, Mr. Verdiner patted Miss Jimenez on the buttocks. On another occasion Miss Jimenez climbed onto Mr. Verdiner's desk to reach some wood on a shelf above his desk. Mr. Verdiner held Miss Jimenez's leg to steady her with his hands on one ankle. When she jumped down from the desk, Mr. Verdiner left his hand in contact with her leg until it reached her vaginal area. During the 1983 summer session, Sonia Pattee was assigned to Mr. Verdiner's class. In the woodshop there is a small tool shed, of a type that is often located in a home backyard. While Miss Pattee was in the shed, Mr. Verdiner entered it, closed the door and hugged Miss Pattee. On another occasion, when Miss Pattee was sitting on one of the desks in the shop class, Mr. Verdiner put his hand on her buttocks while she was moving herself from the desk. On more than one occasion, Mr. Verdiner solicited Miss Pattee to have sex with him in his van. During the 1983 school year, Mr. Verdiner would often use improper language in addressing students during class, using such words as "shit" and "damn" and saying such things as "what the fuck is wrong with you?" or "are you fucking stupid?" After an investigation was made into the allegations of touching students and using improper language, a conference for the record was held with school administrators. Mr. Verdiner was specifically instructed both by his principal and by the district administrator of the Office of Professional Standards for the Dade County Schools that he was not to make physical contact with or touch students, and that he was not to use vulgar or profane words in the classroom. The 1985-86 School Year Mr. Verdiner taught woodshop at Thomas Jefferson Junior High School during the 1985-1986 school year. Catina Pierre-Louis was a student in his class. She was in seventh grade and approximately 13 years old. In December 1985, while in Mr. Verdiner's class, Miss Pierre-Louis received permission to leave the classroom to go to the water fountain outside in the hallway. As she leaned over to drink from the fountain, Mr. Verdiner put his arms around her and rubbed her vaginal area with both of his hands. Miss Pierre-Louis pushed him away by pushing her elbows backwards. Miss Pierre-Louis felt ashamed about what had happened and was afraid to tell her mother and the teachers and principal at school. Three or four days later, Miss Pierre-Louis was standing against one of the tables in the shop class when Mr. Verdiner came behind her and placed his hands on her buttocks and squeezed them. Miss Pierre-Louis reported the incident to her counselor, Miss Mapp and shortly thereafter was transferred out of Mr. Verdiner's class. While in Mr. Verdiner's class, Miss Pierre-Louis often heard Mr. Verdiner using profanity or vulgar language, saying things as "shut the fuck up." During the 1985-86 school year Stephanie Williams was a student in Mr. Verdiner's woodshop class. Mr. Verdiner would rub or pat her back, ostensibly to congratulate her. Mr. Verdiner engaged in this sort of physical touching only with female students, not with any of the male students in the class. While teaching, Mr. Verdiner would use words such as "fuck," "shit," and "damn" commonly during his classes. The Hearing Officer accepts the testimony of the principal at Thomas Jefferson Junior High School that there was awareness among other teachers, students and parents of Mr. Verdiner's conduct which has seriously impaired his effectiveness as a teacher. The Hearing Officer also accepts the testimony of Dr. Gray that Mr. Verdiner's touching of his female students, and his use of indecent language constitutes immorality or acts of moral turpitude, conduct which seriously reduced his effectiveness as a teacher.
Recommendation With respect to Case No. 86-2277, it is recommended that a final order be issued by the School Board of Dade County dismissing Mr. Verdiner as a continuing contract teacher, and with respect to Case No. 88-0598, it is recommended that the teaching certificate held by Mr. Verdiner be permanently revoked. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 27th day of September, 1988. WILLIAM R. DORSEY, JR. Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1050 (904) 488-9765 Filed with the Clerk of the Division of Administrative Hearings this 27th day of September, 1988. APPENDIX The following are my rulings of the proposed findings of fact submitted by the parties pursuant to Section 120.59(2), Florida Statutes (1985) Rulings on the proposed findings of fact made in the Amended Proposed Recommended Order of the School Board of Dade County: Covered in Procedural background. Covered in Procedural background. Rejected as unnecessary. Covered in findings of fact 8, 9, 10, and 11. Covered in findings of fact 3-7. Covered in finding of fact 12. Covered in finding of fact 12. Covered in findings of fact 13-16. Covered in finding of fact 18. Rejected as unnecessary. Covered in finding of fact 19. Covered in finding of fact 20. Rulings on Proposed findings of fact of the Commission of Education: Covered in finding of fact 1. Covered in finding of fact 2. Covered in the Procedural background. Rejected as not constituting a finding of fact. Covered in finding of fact 3. Covered in finding of fact 4. Covered in finding of fact 5. Covered in finding of fact 6. Covered in finding of fact 7. Covered in finding of fact 11. Covered in finding of fact 8. Covered in finding of fact 8. Covered in finding of fact 9. Covered in finding of fact 11. Covered in finding of fact 10. Covered in finding of fact 11. Rejected as unnecessary. Covered in finding of fact 14. Covered in finding of fact 15. Covered in finding of fact 17. Rejected as inconsistent with the Hearing Officer's evaluation of the evidence. Rejected as unnecessary. Covered in findings of fact 11, 16, and 17. 24-25.Covered in finding of fact 20. Rulings on proposed findings of fact by Mr. Verdiner: Rejected as unnecessary. Rejected as unnecessary. 3a. Rejected because the Hearing Officer accepts the testimony of Catina Pierre-Louis. 3b. Rejected because the Hearing Officer accepts the testimony of Sonia Pattee. 3c. Rejected because the Hearing Officer accepts the testimony of Milagros Jimenez. 4. Rejected because contrary testimony made in findings of fact 11, 16, and 18 has been credited. COPIES FURNISHED: Frank Harder, Esquire 175 Fontainebleau Boulevard Suite 2A-3 Miami, Florida 33172 Craig Wilson, Esquire 215 5th Street Suite 302 West Palm Beach, Florida 33401 William DuFresne, Esquire 2929 S.W. 3rd Avenue Suite 100 Miami, Florida 33129 Dr. Joseph Fernandez Superintendent of Schools Dade County Public Schools 1450 Northeast Second Avenue Miami, Florida 33132 Madelyn P. Schere, Esquire Dade County Public Schools 1450 Northeast Second Avenue Miami, Florida 33132 The Honorable Betty Castor The Capitol Tallahassee, Florida 32399 Karen Barr Wilde, Executive Director Education Practices Commission Room 418, Knott Building Tallahassee, Florida 32399 Martin B. Schapp, Administrator Professional Practices Services 319 West Madison Street Room 3 Tallahassee, Florida 32399
The Issue Should discipline be imposed on Respondent's Florida Educator's Certificate No. 611934, based upon the allegations in the Administrative Complaint, Case No. 990-1149-R, before the State of Florida, Education Practices Commission?
Findings Of Fact STIPULATED FACTS Respondent holds Florida Educator's Certificate No. 611934, covering the areas of History and Physical Education, which is valid through June 30, 2004. At all times pertinent hereto, the Respondent was employed as a social studies teacher at Sandalwood High School (Sandalwood) in the Duval County School District. ADDITIONAL FACTS Morgan King was a female student at Sandalwood at times relevant to the inquiry. Following her marriage she is known as Morgan Hall. Although Ms. Hall was not a student in Respondent's classes at Sandalwood, she became acquainted with Respondent. Ms. Hall's involvement with Respondent was principally during sixth period of the school day. At that time Ms. Hall would routinely leave her history class at the end of the period and go to Respondent's classroom where she had many friends. When Ms. Hall arrived at Respondent's classroom Respondent and the students, to include Ms. Hall would "hangout and talk." Some of the conversations that Ms. Hall participated in with Respondent and other students in his classroom were of a sexual nature. These conversations followed an earlier conversation in a prior year when Respondent told Ms. Hall a story about a girlfriend that he had when he was a young teenager. He explained that he and the girlfriend would stay up all night together. The girlfriend had kids. Respondent told Ms. Hall about the sexual relations which he had with the girlfriend while Respondent was a teenager. Beyond that conversation, while in his classroom at Sandalwood Respondent followed the theme in his discussion with Ms. Hall concerning sleeping with numerous women, so many women that he could not remember how many he had slept with. He went on to comment to Ms. Hall that when you are married you could not do that, but it was acceptable conduct before marriage. Respondent's comments to Ms. Hall about having sex with a girlfriend before marriage and about the number of women he had slept with before marriage were voluntarily remarks made to Ms. Hall. She did not begin the discussions. Respondent told Ms. Hall about another female student that had come to his classroom after other students had left and flipped up the backside of her skirt revealing the thong underwear she was wearing. While in this classroom in sixth period, friends of Ms. Hall would make fun of her by talking about her "backside," saying that she had a "big butt." Respondent would participate in the conversation, remarking in what Ms. Hall considered to be a joking manner, about Ms. Hall's "butt being big." This comment was made by Respondent a few times. Ms. Hall had conversations with Respondent that insinuated discussion about his penis. As Ms. Hall perceived it, part of what he said was something to the effect that Respondent "could suck his own penis." Ms. Hall in response to Respondent's remarks of a sexual nature would tell him that, "You are a sick old man. That's gross." She would make these comments in a joking manner, but at the same time recognizing that this was a serious matter. She did not want to be rude and offend Respondent, thus the lighter nature of her remarks. On one occasion while in Respondent's classroom, Ms. Hall was sitting on the floor next to his desk against a cabinet. Ms. Hall asked Respondent why it was so cold in the room. He replied, "You know why I like it to be cold, you know why I want it to be cold," while raising his eyebrows. Ms. Hall described how other girls would sit hanging over Respondent's desk with their "boobs are like right there in his face. And everybody's nipples are hard." That was the circumstance that caused Respondent to raise his eyebrows. On the subject of female students being around Respondent's desk in his classroom, Ms. Hall perceived that those students felt comfortable around Respondent. Respondent created the impression that he was like a friend to Ms. Hall and other female students. He was enjoyable company, according to Ms. Hall. She described his conduct as being disgusting a little of the time, but not all of the time. In these exchanges Respondent allowed the female students to act disgusting in their own right. The discussions of a sexual nature at times were promoted by Respondent, at other times they were promoted by the students. Ms. Hall discussed a computer website entitled "Banged Up.com" with Respondent in the classroom. That website contains subject matter with sexual connotations. Debra Coleman was another student at Sandalwood during the relevant time period. She was in Respondent's tenth grade world history class. She had conversations with Respondent of a sexual nature. Ms. Coleman went to Respondent to talk to him about her sex life. Other students talked to Respondent about sex in her presence. Respondent was open to those conversations. Respondent made a comment to Ms. Coleman and other female students, that if they did not do their work he was going to spank them and that they would like it. On one occasion Ms. Coleman was allowed to have an extended lunch period following a discussion in which Respondent asked her if he could bite her lip. She said, "No." Respondent then reached up and pinched her bottom lip. On another occasion when Ms. Coleman was in Respondent's class, Brandie Brinksma, a female student was sitting next to her. Respondent pulled out a money clip. In addressing the female students he said, "I'll give you $500 if you, Brandie, turn to your right and kiss Carrie on the cheek. And, Carrie, I want you to then turn around and act like you are going to kiss her on the cheek and instead of just kissing her on the cheek like, Brandie will turn her head." And beyond that point the students would "start making out." Ms. Coleman was offended by those remarks from Respondent. She got mad and walked out of class. She had never walked out of class before. What Respondent said to the two students was stated in front of the entire class. During one instance when Ms. Coleman was at Respondent's desk in the classroom, a Coke can was on the end of Respondent's desk. Respondent told Ms. Coleman to pick up the Coke can. Respondent placed a measuring ruler next to the Coke can and stated "Imagine 9 1/2 inches of that, going up you," while indicating the measurement on the ruler. Ms. Coleman turned red and responded something to the effect "O.K." and went back to her seat. That measurement was perceived by Ms. Coleman to refer to Respondent's penis. In classroom, in Ms. Coleman's presence, Respondent made a comment about his ability to "Suck his own penis" in the shower, to the effect that "He was able to go down on himself." Some of the male students in the class commented that this physical dexterity was not possible. Respondent commented that he was able to perform this act on himself, but that he had not done it in a while. In April 2000, Aron Muse was the affirmative action supervisor/equal employment opportunity coordinator for the Duval County School Board. He was assigned to investigate Respondent's conduct on the subject of Respondent's conversations with the students concerning sexually related topics. Respondent told Mr. Muse that he was a friend of the students and he was trying to assist them in life in discussing subjects of a sexual nature and that he intended to direct the students in a proper way. Respondent told Mr. Muse that some of his conversations involved sexual jokes. These discussions with students pertain to a bond which the students and Respondent had, according to Respondent. As Respondent told Mr. Muse, the discussions about sexual matters were "nothing personal." Brandie Brinksma was a student of Respondent's at Sandalwood. She is referred to in the Administrative Complaint as B.B. One of her friends was worried about her while she was attending school, concerning Ms. Brinksma's use of drugs and having sex. It is reported that the friend of Ms. Brinksma went to Respondent and asked that Respondent say something to Ms. Brinksma to let Ms. Brinksma know that those were not good choices on her part. Respondent took Ms. Brinksma aside and asked if he could talk to her. Respondent remarked that the other student was worried about Ms. Brinksma's conduct. Respondent advised Ms. Brinksma to think about the consequences of her acts. Although this discussion concerning drugs and sex was not at the instigation of Ms. Brinksma's parents or the school district, Ms. Brinksma was not offended by the discussion with the Respondent. More specifically, in the conversation between Respondent and Ms. Brinksma, Respondent mentioned that he had heard that Ms. Brinksma had been "trippin." This is a term attributable to the other student who had arranged the conversation between Respondent and Ms. Brinksma. Ms. Brinksma told Respondent that she had been having sex and that she had tried the drug Ecstasy once. At times relevant Susan Tidwell, formerly Susan Tabor, was a teacher at Sandalwood. She was acquainted with Respondent. Respondent said "a lot of sexual things" to Ms. Tidwell. One of the Respondent's actions would be to show his bicep by flexing it in Ms. Tidwell's presence. He would say, "If this is this big, guess what else is." This was perceived by Ms. Tidwell as an insinuation that was sexual in nature. Respondent said to Ms. Tidwell on more that one occasion that he wanted to "See Ms. Tidwell in black straddling . . . " and then he would pause for the effect, and add, "a Harley," referring to a motorcycle. Respondent told Ms. Tidwell that he wanted her to lose her "good girl image" and that black leather would be what he wanted to see her in. Respondent told Ms. Tidwell one time that he wanted her to advertise for his lawn service business and that all she had to do was to sit in the back of his pickup truck with a bikini top and that would drum up business. Respondent told Ms. Tidwell at school, "Hey Susan, do you know why God gave women vaginas." She responded that she did not want to hear his joke. As she left a workroom at the school when the bell rung, Respondent continued to insist that Ms. Tidwell listen to the punch line of the joke. While in the hall he delivered the punch line which was "So men would talk to them." Ms. Tidwell was not amenable to hearing the ending to the joke either. Respondent, while Ms. Tidwell and another female teacher Christie Allen were in a school workroom with him, told the two female teachers that he had a fantasy about being stranded on a desert island with the two of them, so that they could be on an island full of "little cookies." Ms. Tidwell was bothered by Respondent's remarks that have been reported and somewhat embarrassed to that point in time. Later in Respondent's classroom, Respondent told Ms. Tidwell that he had talked to the class about her pending divorce. In this conversation he said, "I guess it has been a long time since you had any, so let me know if you need something." Another part of the discussion at that time involved some reference by David E. McConnell, a former teacher at Sandalwood who was visiting the school and was in Respondent's room. Mr. McConnell brought up Respondent's lawn business and commented that Ms. Tidwell needed her lawn done. In response Respondent said to Ms. Tidwell "You know I have something you need, you have something I need." Then he grabbed his crotch. Ms. Tidwell considered the circumstances that took place in Respondent's room on that occasion to be intolerable. Ms. Tidwell reported Respondent's conduct to her school department head and to the assistant-principal at the school, which led to an investigation by the Duval County School District.
Recommendation Based upon the Findings of Fact and Conclusions of Law reached, it is RECOMMENDED: That a final order be entered finding Respondent in violation of Counts 2 through 5, dismissing Count 1, and permanently revoking Respondent's educator's certificate. DONE AND ENTERED this 7th day of November, 2003, in Tallahassee, Leon County, Florida. S __ CHARLES C. ADAMS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 7th day of November, 2003.
The Issue Whether or not Respondent is guilty of misconduct and/or immorality in office (in the nature of suggestive and degrading sexual innuendoes and remarks to several female students) pursuant to Section 231.36(6)(a) F.S. and Rules 6B- 1.001, 6B-1.006, and 6B-4.009 F.A.C. so as to be subject to dismissal by the Nassau County School Board. Although some evidence of other years was presented, the August 8, 1991 Statement of Charges herein covers only the 1990-1991 school year. Accordingly, only evidence from that school year may be considered for purposes of discipline in this proceeding.
Findings Of Fact At all times material, Respondent was a teacher at the Hilliard Middle- Senior High School and the holder of a professional services contract with Petitioner Nassau County School Board. He is certified by the State of Florida in the areas of mathematics, psychology, and broad field social studies. Respondent had been employed by Petitioner for the nine years immediately preceding his suspension for the charges involved in this case. During the whole of that time he received good job evaluations. He has had no prior disciplinary charges against him. On or about May 9, 1991, Petitioner, pursuant to the recommendation of the Nassau County Superintendent of Schools, suspended Respondent without pay. This followed the Superintendent's suspension of Respondent with pay on May 2, 1991. During his employment with Petitioner, Respondent has taught geometry, algebra II, trigonometry, one class of general math, and a class of compensatory mathematics. Respondent has had a practice of greeting his students at random as they enter the classroom each day and while they are taking their seats and settling down to work. At all times material, these greetings were offered in the presence of students of both genders. Respondent teased the boys about sports and commented on the girls' appearance. The comments made most frequently by the Respondent to the football players were that they had not done well in the immediately preceding game. The comments made most frequently by the Respondent to all the female students were, "You're looking good; you're looking fine; you're looking hot;" or, more simply, "you're fine; you're hot." None of the comments were exclusive to any particular female student. All comments were made out in the open, without any physical touching or aggression on Respondent's part. He made these comments with no intended sexual connotation, and no female student ever expressed to him directly that she objected to these greetings either because they sounded sexual in nature, were too familiar, or were made in the presence of the female students' male peers. Generally, Respondent's comments were recognized as kidding and not taken seriously or considered objectionable by the students. There is no evidence that the Respondent's comments delayed the commencement of class, caused disruptive behavior on the part of either the male or the female students who heard them, or inhibited any student learning the academic material. One female student who testified that she found the foregoing practice objectionable was Shannon Lysitt, a student of Respondent's during both the 1989-1990 and the 1990-1991 school years. Ms. Lysitt testified at formal hearing that she "took [these comments] to be sexual but not as in a sexual manner." She considered the comments embarrassing and a display of inappropriate conduct by a teacher but knew Respondent was being friendly and joking. Ms. Lysitt admittedly never told Respondent she felt embarrassed or asked him to stop making such comments. Although she was used to his comments from the previous school year, Ms. Lysitt did not request to be assigned to another class for the 1990-1991 school year. In one isolated conversation, Respondent told Ms. Lysitt that, due to her poor math grades, she would probably wind up as a secretary being chased around a desk by her boss instead of achieving her desired career of psychiatrist. The Respondent denied making that comment specifically, but testified that he had made chiding or derrogatory comments about career plans of college preparatory students to motivate them to do better on tests when they had been doing poorly. By all accounts, Ms. Lysitt was doing all right in Respondent's course but could have done better. Ms. Lysitt's testimony was credible as to what was said, but Respondent's testimony was equally credible as to why he said it. Upon the evidence as a whole, it is found that the Respondent's comment may have been temporarily embarrassing to Ms. Lysitt, and may have, as she testified, made her feel bad or stupid for a short time, but that it did not degrade or humiliate her or adversely affect her classroom performance or overall self-image. Sherry Meziere was a student in Respondent's fourth period general math II class during the 1990-1991 school year. She also was embarrassed by Respondent's compliments to her, but she never told him so. When Ms. Meziere complained to Respondent that her semester grade was a "C" rather than the "B" she wanted, he told her she could stay after school and she would get her "B". Ms. Meziere is a particularly sensitive and shy teenager, and she took offense at the Respondent's comment because she interpreted it as a sexual come-on. Respondent denied having any sexual intent behind his comment to Ms. Meziere. At formal hearing, he explained that Ms. Meziere would have been entitled to a "B" if she had turned in all her homework, as required, but she had not. Because her grade was borderline due to the missing homework, Respondent had meant by his remark to Ms. Meziere that if she would come to the classroom after school and work the homework problems in his presence, he would retroactively give her credit for doing the homework and turning it in and this would accordingly alter her semester grade to a "B". Respondent's explanation for why he took this approach is reasonable: he would not accept students bringing in the homework later from home because it might be done anew or copied from someone else. Perhaps Respondent fell short in not clearly indicating all his reasoning and purpose to Ms. Meziere, but he also had no notice from her that she had misunderstood his offer. On balance, Ms. Meziere's explanation of why she took Respondent's neutral remark sexually is weak. She testified, A: I took it sexually. I don't know. Q: Why did you take it sexually? What is it about it that made you think that because you would agree, wouldn't you, that that could also be nonsexual the way you stated it, correct? A: Yes. Q: So what was it about the way he said it that made you think that it was sexual? A: I don't know. I just didn't feel comfortable with it. Q: But he didn't say anything explicit-- A: No. Q: --about sex or anything like that? A: No. (Exhibit P-2, page 10) Ms. Meziere considered Respondent a good teacher, not really strict, and pretty friendly. She felt he was giving her and one of her girl friends many more compliments of the nature described above in Finding of Fact 5 than he was giving other female students in their particular class. Respondent conceded that perhaps he had complimented Ms. Meziere more than some other female students in her class because he had tried to build up Ms. Meziere's self-esteem while the class was going to and from the cafeteria during the lunch recess which occurred in the middle of that class period, so that she would eat and not diet excessively. When she felt "uncomfortable" about Respondent's offering to see her after school, Ms. Meziere was not aware that Respondent frequently tutored students after school. Shanna Higginbotham, another one of Respondent's female students, confirmed that she had been tutored by him after school on several occasions, without any sexual innuendoes or overtures. Although what Respondent did not do with Ms. Higginbotham is not corroborative of Respondent's testimony that he did not intend his remark to Ms. Meziere to be sexual, it is supportive of his testimony that he was in the habit of having one or more students in his classroom after school. It also supports a reasonable inference that the Respondent's classroom was hardly the place for a private rendezvous. Respondent was approached during an inactive period in one of his classes by a senior mathematics student named Monica Adamczewski, who was simultaneously taking a college-level psychology class in child development at Florida Community College, Jacksonville, Florida. Ms. Adamczewski, knowing of Respondent's background in psychology, addressed a question to Respondent involving Freudian theory and child psychology on the issue of whether or not little children have sexual feelings, as hypothesized by Freud. Respondent responded by describing how he had handled an incident involving his own four year child's masturbation. Although the conversation was conducted in low tones with Ms. Adamczewski and Respondent in their respective desks, another student, Darlene Kelly, came up to Respondent's desk in the course of the conversation and heard only part of the conversation. Ms. Kelly was not aware of the context in which the subject arose, did not approve of certain language Respondent employed in discussing his child's activity, and felt it was an inappropriate conversation for the classroom, but Ms. Kelly also testified that the conversation did not embarrass her. There is conflicting evidence as to whether the foregoing incident occurred during the period covered by the Statement of Charges in this case. It is found that it did not occur during the period of time covered by the charges and accordingly that it cannot constitute grounds for disciplining Respondent in this proceeding. Jessica Smith testified to three incidents that allegedly occurred during the 1989-1990 school year. Because the Statement of Charges against the Respondent is silent as to any allegations of misconduct or immorality that occurred other than during the 1990-1991 school year, these incidents may not be used to discipline Respondent in this proceeding. 1/ Tammy McClamma graduated from Hilliard Middle-Senior High School in May 1990. She was not one of Respondent's students in either her junior or senior year, but she knew him from being around school. The events she described also could not have occurred during the time frame set out in the Statement of Charges and therefore cannot be used to discipline the Respondent in this proceeding. 2/ Respondent acknowledged that he may have been careless and used poor judgment in some of the statements he made to his female students. However, he never intended to harm or embarrass any of them and was simply guilty of allowing himself to get too close to the students as friends rather than maintaining the appropriate distance required of the student-teacher relationship. All the student witnesses, including those who were offended by isolated remarks they regarded as inappropriate, agreed that Respondent has a friendly and jocular manner in and out of the classroom. Respondent's classroom clearly has a "laid back" style. Overall, his students seem to appreciate and enjoy his familiar manner and to learn well in his classes. The consistent testimony of the students was that he is generally well-regarded and "everybody's favorite teacher." Superintendent Marshall opined as a professional educator that the Respondent's effectiveness as an educator had been undermined and eliminated by a continuing pattern of serious misconduct. However, no evidence of lost effectiveness beyond the temporary embarrassment and self-doubt experienced by Ms. Lysitt appears of record, and Mr. Marshall's opinion as rendered at formal hearing was based in part upon incidents outside the dates alleged in the Statement of Charges and also based in part upon the total investigation of this case, which investigation clearly included material not in evidence here.
Recommendation Upon the foregoing Findings of Fact and Conclusions of Law, it is recommended that the School Board of Nassau County enter a final order dismissing the charges against Respondent and returning him to full duty with all back pay and benefits retroactive to May 9, 1991. RECOMMENDED this 5th day of March, 1992, at Tallahassee, Florida. ELLA JANE P. DAVIS, 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 March, 1992.
The Issue The issue for consideration in this matter is whether Respondent should be suspended without pay for five days from employment with the School Board because of the matters alleged in the charging letter issued herein.
Findings Of Fact At all times pertinent to the issues herein, the Petitioner, Polk County School Board, (Board), was the county agency responsible for the provision of public instruction from pre-kindergarten through secondary and adult education in Polk County, Florida, and operated Haines City High School in Haines City. Respondent had been employed at HCHS for eight years and in the last two years prior to the incidents in issue, taught in the school's Diversified Cooperative Training Program, (DCT) under a continuing contract of employment. In January, 1994, Respondent was administered a verbal reprimand as a result of reports that she has been consuming alcohol in the presence of her students at an out of town conference. A part of the basis for that reprimand was her reported comments to students to the effect that her predecessor as DCT instructor had advised her not to let Black students into the program because they caused trouble. These comments by Respondent were communicated to Black students who were upset by them. At some point during the 1993-1994 school year, Respondent reportedly overheard a student, Alisha Tanner, (now, Forsythe), in a discussion with another student regarding her breakup with her boyfriend. Respondent is alleged to have stated to Ms. Tanner that, "...if you have a vibrator, you won't need a boyfriend." Both Ms. Tanner and another female student who allegedly heard the statement, claim to have been shocked and embarrassed by hearing a teacher make such a statement, and a third student, Delana Muncy, indicated Ms. Tanner was crying as a result of the comment made to her. Evidence was also presented to indicate that about the same time, Respondent was overheard by several other students to have asked a male student, Jonathan Bradley, if he masturbated. Respondent does not deny using the term, "vibrator" to the female student. Her version of the conversation is somewhat different than those of the students, however. Respondent admits that she overheard the two girls discussing one's breakup with her boyfriend and that she joined the conversation. She, however, indicates that she did so to remind them of the dangers of reckless sexual behavior and suggested that the young lady find other ways, including the use of a vibrator, to satisfy her sexual needs. Respondent denies, however, the use of the word "masturbate" to Bradley. Only two of the students in or near the conversation recall Respondent making such a comment. Notwithstanding these comments were alleged to have been made during the early or middle part of the school year, no mention of them was made by any of the students to Respondent, her immediate supervisor, parents, school administration, or Board personnel until late in the school year, just shortly before graduation. At that time, a group of the students allegedly involved met for lunch at Pizza Hut off campus and in the course of their conversation, Respondent's alleged indiscretions surfaced. Prior to leaving campus, some of these students who now testify against Respondent passed a list of complaints against her around and, though denied, there is at least some indication the students were trying to get Respondent fired. Some of the students refused to sign the list. It was only several months after the inappropriate comments were allegedly made that the first official complaint was made. Other information presented at hearing indicates that during the school year several of the students involved in the reporting of this incident became dissatisfied with Respondent's conduct of her class. Respondent was alleged by students to have used such words in class as "shit", "hell", and "pissed off", and is reported to have commented, on a hot day, "I've got sweat running down between my breasts and the crack of my ass." No specific incident was presented to explain or elaborate on this. In addition, Respondent allowed a class discussion on marketing to inappropriately discuss the sale of condoms as a demonstrative example. In this case, she allowed any student who was offended by the discussion to leave the room, but this was not a satisfactory solution, as the students' excusal served only to focus unwelcome attention on the excused students. More specifically, Respondent was alleged to have become upset with student Bradley because, contra to the instructions she had given him about picking up the DCT jerseys from the printer, he disobeyed her instructions and picked them up without her permission. Respondent chastised Bradley for this. It is entirely possible the allegations against Respondent are the result of her disciplining of Mr. Bradley, thereby antagonizing him and his clique. Another allegation made against the Respondent by the Principal is her reported permission to several of her students to grade, average and record student grades, which allowed them access to her grade book. The HCHS teacher handbook, of which Respondent had previously been given a copy, specifically prohibits teachers from making grade books available to students and proscribes allowing students to record grades. Both the principal, Mr. Partain, and the Board's Director of Employee Relations indicated, without specific examples being provided, that Respondent's sexually inappropriate comments and her failure to abide by Board rules have impaired her effectiveness as a teacher in the school system. In general, her misconduct diminished her stature as a role model for her students, and her failure to obey Board rules compromised her ability to enforce discipline, but not to the degree that her effectiveness as a teacher was destroyed. Prior to the initiation of this action, the only disciplinary action taken against Respondent since she started working for the Board in 1988 was the verbal warning, (reduced to a letter), in January, 1994 regarding the drinking in front of students at conference and the untoward reference to Blacks. Other than that, her personnel record, commencing with the teacher evaluation done during the 1988-1989 school year, reflects positive comments and no criticism.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that Respondent, Mary L. Canova be reprimanded for improperly allowing students to grade the papers of other students, to average grades, and to have access to her grade book. RECOMMENDED this 6th day of November, 1995, in Tallahassee, Florida. ARNOLD H. POLLOCK, 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 6th day of November, 1995. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 94-4483 The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties to this case. FOR THE PETITIONER: 1. & 2. Accepted and incorporated herein. & 4. Accepted and incorporated herein. First two sentences accepted. Conclusions as to misconduct rejected. Accepted that a comment was made by Respondent to a student which included a reference to a vibrator. Exact wording as alleged not proven. Not proven. Accepted that condoms were discussed, but it is not established that the suggestion to use condoms as an example came from Respondent or that she agreed to the discussion other than reluctantly. In any event, this discussion was not listed as a basis for discipline. Not proven and not a listed basis for discipline. & 11. Accepted and incorporated herein. 12. Accepted as a restatement of the witnesses' testimony. FOR THE RESPONDENT: - 3. Accepted and incorporated herein. Accepted and incorporated herein with the exception of the last sentence which is not proven. & 6. Accepted and incorporated herein. & 8. Accepted and incorporated herein. Accepted and incorporated herein. Accepted. Accepted and incorporated herein. First two sentences accepted. Third sentence a non proven conclusion. COPIES FURNISHED: Donald H. Wilson, Jr., Esquire Lane, Tron, Clarke, Bertrand, Vreeland & Jacobsen, P.A. Post Office Box 1578 150 East Davidson Street Bartow, Florida 33831 Mark Herdman, Esquire Herdman and Sakellarides, P.A. 24650 U.S. 19 North Suite 308 Palm Harbor, Florida 34684 John A. Stewart Superintendent Polk County Schools Post Office Box 391 1915 South Floral Avenue Bartow, Florida 33830
